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Bluebook 21st ed.

Anthony; et al. Fitzherbert. New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of
Reports Cited in the Margin (8).

ALWD 7th ed.

Fitzherbert, Anthony; et al. New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in L, & Cases in the Books of
Reports Cited in the Margin (8).

APA 7th ed.

Fitzherbert, A. (8). New Natura Brevium of the Most Reverend Judge Mr. Anthony
Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of Reports
Cited in the Margin. London In the savoy, Printed for Henry Lintot, and sold by J.
Shuckburgh.

Chicago 17th ed.

Fitzherbert Anthony; et al. New Natura Brevium of the Most Reverend Judge Mr. Anthony
Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of Reports
Cited in the Margin. London In the savoy, Printed for Henry Lintot, and sold by J.
Shuckburgh.

McGill Guide 9th ed.

Anthony; et al. Fitzherbert, New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in L, & Cases in the Books of
Reports Cited in the Margin (London In the savoy: Printed for Henry Lintot, and sold
by J. Shuckburgh., 8)

AGLC 4th ed.

Anthony; et al. Fitzherbert, New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of
Reports Cited in the Margin (Printed for Henry Lintot, and sold by J. Shuckburgh., 8

MLA 9th ed.

Fitzherbert, Anthony, et al. New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of
Reports Cited in the Margin. London In the savoy, Printed for Henry Lintot, and sold
by J. Shuckburgh. HeinOnline.

OSCOLA 4th ed.

Fitzherbert, Anthony; et al. New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of
Reports Cited in the Margin. London In the savoy, Printed for Henry Lintot, and sold
by J. Shuckburgh.

Provided by:
The Evergreen State College Library
 Wjrit upon the Statute of Articuli Cleri, &c. 40t
7The King to his beloved and faithful A. and B,. 7uflices afligned to take thedf-
fifes in fuch a County: Whereasfor the common Profit of the People of our Realm
"t is appointed, that no Officer in Cities or in Boroughs, who by reafon of his
Office ought to keep fifes of Wines or of Viduals, fo long as he is auendant to
thpt Office, Ihall .merchandize for Wines nor for Viduals in Grofs nor by Retail.
And now R. of B. hath given us to underftand, that S. and M. Baihfp of the
!town aforefaid, and certain other Bailifs in the faid Town of S. who by reafox
of their Office ought to keep fuch Afife in the faid Town, fell Wines and iauals
in Groft and by Retail, againfl the Form of the Statute aforefaid ; We, if.,it be
fo, willing to apply a Rettedy in this Behalf, command you, that having heard the
Complaint of the aforefaid R. and having called the Partiesbefore you, and heard
their Reafons feverally thereupon, and having infpefed the Tenor of the Statute
aforefaid, you caufe to be done to him the faid R.- as well for us as for him/elf,
4ueJ,7fuice hereupon, as ought to be done, according to the Statute aforefaid. Wit-
uefs, &c.
And if the Aaion be brought upon the Statute of York, then he who fueth
the Aion fhall have the third Part, and the King fhall have the Refidue of
the Vi&uals which is forfeited. And alfo the Form of the Writ of Attach-
ment is fuch:
The King to the.Sheriffof Yorkfhire, greeting: Put, &c. P. T. of Richmond
lately Baihf of the Town of Richmond, that he be before us, &c. to hew where-
fore, whereas for the common Profit of our Realm of England it is agreed by the
Common Council of the fame Realm, that no Officer, c.. by Retail, under the
Forfeiture of the fame, the aforefaid P. while he was Bailif of the faid fIown of
Richmond, oftentimes merchandized in Wines and divers other Viauals, to the
Value of one hundred Pounds, in the aforefaid Town of Richmond, as well in
Grofs as in Retails, and there fold them, as it is/aid, in manfeft Contempt of usr
and to the great Damage of our People, and again# the Form of the Ordinance
aforefaid: And have, &c. Witnefs, &c.

Writ upon the Statute of Articuli Cleri, that he do not

diflrain in the Glebe of Parfons; nor in the King's
Hgbway.
E THE Writ that no Diftrefs be taken in the Glebe Land of the Perfon by
I the Sheriff or .other Officer is grounded upon the Statute of Articuli
Cleri, cap. 6. By which Statute it appeareth, that the Sheriff nor other Offi-
cer fliall (a) not diftrain in the King's Highway, nor in the Glebes of ancient
Times
(a) See where a Bailiff by Warranty on a a geIneral Writ of Tielpar tand for that he
Commilion out of the Exchequer to levy a Sum took it by Virtue of a Comfiilion and Grant,
certain on the Dean *and Chapter of C. on a Tax though nothing had been due; yet he thall not
granted to the King, difirained in Parcel of the be faid to come *vi & arnis & contra paces ;
Parfonage of the Church of K. which was a and therefore the Plaintiff ought to have aided
Santiuary, and the Dcan and Chapter brought himfelf by a fpecial Writ, or at leat -by a Re-
Fff plevini
 401 Writ upon the Statute of Articuli Cleri, &c.
Times given to Re&ories, and if any Sheriff or other Perfon do contrary, then
he who is diftrained may fue this Writ.
See Marlebr. And if a Lay Perfon be diflrained in the King's Highway, &c. he fhall F
cap. 55. have an Aaion upon the Statute of Marlebridge. But a fpiritual Perfon fhall
V..x 7 Ed.5 .4 3 -have his A&ion upon this Statute. But by the Statute of Marlebridge the
Fuz. Refcous King's Officers may diftrain in the Highway. And after the Writ delivered
14. the Party to the Sheriff, if he be diftrained
again, he fhall have an Alias and Plurie,
and thereupon an Attachment. And this Writ is in itfelf a Prohibition to the
Sheriff; and the Writ is fuch:
The King to the Sheriff, &c. greeting: Whereas in the Articles of the Prelates
and Clergy of our Realm granted by Lord Edward lately King of England, our
Grandfather, with the Afent of the Nobles and great Men of our Realm, that
Diflrefes jhall not be made upon Ret.ors by the Sherif, or others our Mingers, in
the King's Highway, or in the Fees wherewith Churches in Times paji have been
endowed; and now, from the grievous Complaint of our beloved in Chri/I the Ab-
bot of Vale Royal, Parfon of the Church of K. we underftand that you, by Colour
of your Office, have lately entred the Lands and Tenements which are of the
Dowry and Fee of the fame Church at K. and have grievoufy diftrained the afore-
faid Abbot in the Lands and Tenements aforefaid, and do not de/ift to deflrain
thereupon, to the Prejudice of him the faid Abbot, and to the manifef Hurt of
.EcclefiaficalLiberty, and againfi the Form of the Articles aforefaid: We willing
to keep the Ecclefiaflical Liberties unhurt command you, that you in no wife make
1
J74. J any Deftreffes in the Lands and fenements which are of the Dowry of the Church
aforefaid, nor attempt any thing that may tend to the Hurt or Weakening of Ec-
clefiaftical Liberty, and the Drirefs (if any you fhall have made) upon the faid
Abbot in the Fee of his Church aforefaid, as before is faid, without Delay you
Jhall releafe to him, &c. Witnefs, &c. ,
And it feemeth, that the Party who is diftrained in the King's Highway, A
or the Parfon in the Glebe of his Church, fhall have an Attachment againft
the Sheriff, or other who diftrained, although they never fued out before this
Writ of Prohibition to the Sheriff ; becaufe that the Statute is a Prohibition
itfelf to the Sheriff, &r.
And by the Statute of Articuli fuper Chartas, cap. 12. the Sheriff ought B
not to make exceffive Diftrefs for the King's Debt, nor diftrain the Plough
Cattle, if he can find others. And if the Party will find Sureties to the She-
riff to pay the King's Debt before the Day of the Return of the Writ, the
Sheriff ought to deliver back the Cattle. And if the Sheriff do otherwife
than is expreffed in the faid Statute, the Party upon that Statute fhall have
Attachment againft him, or he may fue forth a Writ to inhibit the Sheriff,
that he do not diftrain contrary to the Form of the Statute ; and the Writ is
fuch:

plevin; and the Plaintiff took nothing by his
Writ, 26 Ed. 3. 7o. and fo note the Liberty of
the Church is not exempted from temporal Ju.
rifdiftion. See in the like Cafe, where in Tref-
pas contra pacem, for diftraining in a Sanduary,
he Defendant julics as the King's Bailiff for
IlTmes loft by the Prior, ad that a Precept from
Sheriff came to the Plaintiff, commanding him
to levy it, &e. and that he entred, &c. for that
he could not find any Diffrefs elfewhere, &c.
and the Writ was abated for that Caafe, i. e. it
not being cIraacas. 28 Ed* 3.97*
 Writ for to f ti. the Land of the Wifi, &C. 403
The King to the Sherif of Derbyfhire, greeting: Whereas amongft other Arictes
~which Lord Edward of famous Memory, fore tihe King of England, our Grand-
father, ordainedfor the Amendment of the State of the People of his Realm, it -i
contaired, that too great Drftrefes ball not be taken for our Debts, and that lf
the Debtor can find fJfficient Security for the Debt, until a Day before the Day
limited to the Sherif that fich Deflrefis fhall be releafed iM the mean time ; W
command you, that if I. of W. fhall find you fafficient Secarity to, anfwer us at
your next Profer for one hundred Shillings by which he made Fine with us befork
our 7uftices of the Berch, for Licence of Concord in a Writ of Covenant, an*
rwhich you require of him by Summons of our Exchequer, as it is/aid, then the Di-
frefs which you make upon him upon the Occafion aforefaid, in the mean time fu-
petfede by the Security abovementioned: And have you there this Writ. Wit-
nefs, &c.
And there is another Form of Writ in fuch Cafe, thus:
The King to the Sherif, &c. fOat too great Deflrefs Jhall not be t4ken for our
Debt, nor driven too far; and if the Debtorcan find fufflcient and competent Security
for the Debt until a Day before the Sherif's Day, within which 7 ime the Debtor may
be able to acquire to himfelf Relief thereupon, or otherwife fatisfy the Debt, that
Juch Difrefsfhall be releafed in the mean time; We command you, that if I. of T.
whom you drytrain, by virtue of a Summons of oar Exchequer to you diretted, for
eight Shillings to 'be paid to us of his Ifues, forfeited before us and elfewhere before
our Juflices, as it is jaid,iballfind you fuficient Security, according to the Articles
.aforefaid,for the faid Debt until a Day before your Day, at which you are bound
to account thereof, then in thi mean time releafe the Ditrefs (if you fhall have
'caufed any to be made upon him the faid I. by rea/on of the Presfes) for the Se-
curity abovementioned. Witnefs, &c.

Writ for to feike the Land of the Wife which Ae holdeth in Dower,
who marrieth herfelf without Licence.
C TOfE, That if the Tenant holdeth of the King in Capitej and dieth, &c. See Afer 161,
Nhis Wife ought not to matry herfelf again without the Licence of the i64, 265.
King; and if the doth, then the Kilig may feite thofe Lands which the hold-
eth in Dower, until the have paid a Fine to the King, which is commonly one
Year's Value of the Land which the holdeth in Dower; and thai is by the Sta.
tute of Pherog. Regis) c. 3. But it appears by the Regifter, that the King
ought to feize as well the Land of the Hufband, as the Land of the Wife
which fhe holdeth in Dower.
And by the fame Reafon, if the Wife have other Lands of her own Inhe- Stamf 9, IV,
ritance, befides the Land which fhe holdeth in Dower; that the King may It isnot Law.
feize that Land alfo; and the Writ in the Regifter for to feize the Lands is
fuch:
The King to his Efcheator, &c. Aecaafe Margaret, who was the Wife of Ed-
ward Baron Stafford deceafed, who held of us in Chief, hath married her/elf to
Thomas of P. without the Licence of us, or of our beloved and faithful Ralph
Fffa Baffiet
 404 Writ upon the Statute, &c.
Baffet, to whom we granted that which belonged to us of the Marriage aforefid,
as we have received Information by the Complaint of him the faid Ralph ; We
command you, if fo it is, that then without Delay you feize into our Hand all
the Lands and f'enements, as well of him the faid Thomas as of the aforefaid M.
in your Bailiwick, and caufe them to be kept fafely, until you jhall have other
Matter in Commands thereupon from us. Witnefs, &c.
But now by And it appeareth by that Writ, that the King may grant the Marriages of D
the Statute of his Widows, as well as of his Wards; and that the Woman may agree with
z;H.a8.e.*46. him to whom the Marriage is granted, and by his Affent or Licence if the
the Compoli- marry, it feemeth the fhall not pay a Fine. And if fhe marrieth without Li-
tion is gvn netn 3. V
to the r cence, then he who marrieth her doth the King or his Grantee Wrong; and
of the Wards that Wrong feemeth to be the Caufe,, that the King thall feize the Land of
with three of him who marrieth the King's Widow without Licence.
the Counfel of
that Court: So they may tax a reafonable Fine at their Dircretion, according to the Statute of Prarogativa Regis.
Stamf. I9. acc.

S175. ] And it appeareth by the Regifter, That the faid Thomas P. may agree with
the faid Ralph Bafet, for which the King fhall receive his Seizure; as appear-
eth Rotulo Clerum Anno 8 E! But yet I conceive, that the King ought to
feize but only the Lands which the Woman holdeth in Dower, becaufe the
Pro. Fines 63. Statute giveth no more, but that he fhall feize that which the holdeth in
cont. If fhe Dower; for if the will not claim nor fue for Dower, it feemeth fhe fhall not
gets Dower at be fined, nor none of her Land feized: And alfo I conceive, that the King
th randsco cannot grant the Marriage of his Widows as he may do of his Wards; for if
the Heir, or
of the Corn- fhe will live fingle and not marry, the may fo do, and thall not pay any Fine.
rnittee without Ideo quere.
Oath, quare,
whether fhe may marry without Licence. Stamf 1g. No, becaufe prefently upon the Afflignment the is a Te-
nant to the King, and not to the Heir.
Stamf. Prwrog. 18. 40 AI. 56. The King's Widow had Dower without Afignment. Vide Stamf. I8. 35 M.
6. 52.

Writ upon the Statute de Anno Primo Ed. 3. C. 12 & 13.

Where the King's Tenant alieneth without Licence.
Br.Tenure34. O'E; Where the King's Tenant who holdeth of the King in Chief, as of A
95 Ed. 3. 6. 'N ohis Crown, alieneth the Land which he fo holdeth of him (a) for Life,
or in Tail, or in Fee, without the Kingas Licence, then the King ought for to
feize the Land for a Fine, &c. But if a Man holdeth of the King, as of any
Honour, or Caftle, or Manor being in his Hands, which he hath by Defcent
from any collateral Anceftor, and the Tenant doth alien, as above, his Lands
without Licence granted him by the King; then if the Sheriff or Efcheator
will diftrain or difturb the Poffefflon of the Alienee, he fhall have a Writ upon
the Statute of i Ed. 3. cap. 13. which fhall be fuch:
(a) See Contra 24 Ed. 3. 71. but 45 Ed. 3. 6. tion for Life or in Tail, a (#nira Formas C0olla-
accords ; yet fee here infra, that on an Aliena- tionis does not lie.
Ths
 Writ quod Clerici non eligantur, &c 405
2'he King to his Efcheator beyond Trent; or, To his Efcheator in the County of
S. greeting: Whereas it is appointed by the Common Council of our Realm, that
no Man be grieved by reafon of purchafing of Lands and !enements which are held
of us as of Honours, (the Licence of our Progenitorsformerly Kings of England, Br.Tenure33
or of us for this Purpofe not being obtained); We command you, that you do not
di/lurb R. the Son of I. of C. Chaplain, by reafon of the Purchafe which he made
In the Time of Lord Edward lately King of England, of Robert of Samby, Knt.
of one Oxgang of Land with the Appurtenances in E. which he holds of us in Chief
as of the Honour of T. as it is-faid, iffo thy hold of us, againf the Form of the
Statute abovementioned. Witnefs, &c.
And upon that he fhali fue an Alias and Pluries, vel Caufam nobis fignifices,
&c. And thereupon an Attachment againft the Efcheator or Sheriff, if they
diftrain or difturb him after that Writ direded unto them, if the Lands be
holden as above is faid. But it appeareth by that Writ, that a Man may Br.Tenuresz,
hold of the King in Capite, as of an Honour, but the fame is againft the Re- Stamf. n.
gifter in the Beginning of the Regifter; as appeareth by the Precipe in Capite:
But the Ufe at this Day is to take a Fine of him who holdeth of the Kingof
any Honour, which is the ancient Inheritance of the King, who alieneth his
Land without Licence: But quere what in Right ought to be done in that
Cafe.

Writ quod Clerici non eligantur in Officia Ballivi, 8&c. pro

Terris fuis.

BT Fa Man, who holdeth certain Lands or Tenements, by reafon of his fiid'

1 Lands ought to be chofen Bailiff, or Beadle, or Reeve, or in fuch like-
Office for his Lands; if fuch a Man be made a Clerk, or is within Holy Or--
ders, then he ought not to be chofen into fuch Office for his Lands. And if
he be ele6ted to fuch Office of Bailiff or Beadle, &c. he fhall have a Writ to
difcharge him, which thall be fuch:
The Gg to the Bailifs of I. of L. greeting: Whereas according to the Law'
and Cujiom of our Realm of England Clerks ordained in Holy Orders ought not to-
be chofen to the Office of Bailiff or Bedel, nor have hitherto been accuftomed; and
now we have received Information on the Behalf of F. of M. Mafler of our Hofpi-
tal of C. Chaplain, that you have now of late chofen him the faid Mafer to the:
Office of Bailif orBedel of the Manor aforefaid, and. endeavour to compel him to-
take upon him that ffice, to the great Damage of him the faidMafter, and againjK
the Law and Cutom abovefaid;a whereupon he bath befought a Remedy to be pro-
vided for him by us, and becaufe it is not confonant to Right,. that the faid Mafter
(who continually ferveth us in the faid< Hopital for our fafe Efate, and for the-
Souls of our Anceftors jome time Kings of England, and for the Eftate of the faid
Hofpital, and in finging Mafes, in Alms, and otherpious Works to be maintained
andfufjained in the faid Hofpial) fbould be compelled to flay eewhere out of the,
fame Hofpital about fecular Affairs; We command you, that you altogetherfuper--
fede the Diftrefs and Compufon (if any you jall-have madr upon him the faid
 406 Writ that Pafors nor Prebendaries, &c.
( 17 6 . ] Mafter to take upon him the Ofce of Bailifl or Bedel in the Manor qforefaid, and
releafe the fame without Delay, and that the Monies, if any, for Amercements or
otherwife, for the Caufe aforefaid, you ]ball have levied upon him, you caufe to be
reflored to the fame Mafter without Delay, under the Peril that may fall thereon.
Witnefs, &c. And he may have an Alias and a Pluries, and Attachment upon
the fame.

Writ that Parfons nor PrebendariesJAould not be chargedfor their

Goods in their Poffefions to Fifteenths, which are annexed to
their Prebends.

Bro. Quind.
g 84.
'-r1 HE (,) Writ for Prebendaries or other fpiritual Perfons to be difcharged A
for their Goods of the Benefice in their Poffeffions lieth, where the She-
riff or Collectors of the Fifteenths will difirain the Parfons or Prebendaries in
their fpiritual Poffeflions by their Goods being in their Poffeffions, to be Con-
tributories to the Payment of Taxes or Fifteenths granted, &c. And if they
be diffrained, they fhall have fuch Writ:
The King to the f1axers of the Tenths and Fifteenths to us laft granted by the
Commonalty of our Realm of England in the County of Gloucefter, greeting: It
is fhewed unto us on the Behalf of W. Prebendaryof the Prebend of B. in the
Church of S. that by reafon of the Tenths and Fifteenths aforefaidgranted to us
by the Laity, you unjujlly intend to afefs, tax and levy upon the proper Goods of
him the faid W. of the Temporalties annexed to and ifuing out of his faid Pre-
bend (which are taxed to the Tenth among# the Spirituals in all Taxations to the
Payments of fuch Tenths, and of which Tenths have been accufomed to be given)
the aforefaid Tenth and Fifteenth among the Laity, to the greatDamage and Grie-
vance of him the faid W. And becaufe we will not that the fame W. be charged
for fuch his Goods (of which he gives us the Tenth among# the Spirituals) for
fuch Tenth and Fifteenth granted to us by the Laity; We commandyou, that you
in no wife moleft or aggrieve him the faid W. in his Goods which are taxed to the
Tenth amongji the Spirituals (and of which he gives us the Tenth as is aforefaid)

(a) See a Writ in the Regrler 18t. that
charges thofe who are Tenants in Ancient De-
mefne, and thofe who are Burgeffes, with Tenths,
and other Towns only with Fifteenths, except
the Grant were fpecial. Rot. Par. 20 Ed 3.
KAu. 24. Note;s If A. Jeafes to B. Lands for
Years which lie in C and D. B. fowes the Land
in C. and after a Fifteenth is granted, and B.
fevers and inns the Corn; and B. having Beafts
commoning in D. which are levant and couchant
in C. s. If B. be taxed to the Fifteenth by his
Goods, &c. this thall difcharge A. fo that he
thall not pay the Fifteenth for the Rent. 7 H.
4. 33. 2. If the Corn is fevered and inned at
D, aftor the Fifteenth granted, if it be before
the Tax thereof, and he is taxed for thofe Goods
after the Inning of them, the Tax is void, for
they thall be taxed in D., 21 Ed. 3- 42. 3. B.
thall not be taxed in D. for the Beafts which
are there commoning, if they are not levant and
couchant there. 18 Ed- 3. a . 4. He may be
diftrained in C. by the Colletlor of the Town of
D. after a Tax fo made in D. 2 H* 4. Zuind. 3.
And Note well; When Colle6aors are made of
Fifteenths, they may difiroin a Man without
Affellinent, by the Portion of his Goods accord-
ing to the Eltimation; and if he be eflimated
more than is reafonable, he (hall have a Plea to
difcharge himfelf from the Surplufage. zo Ed 3.
Awwry 50.
by
 Writs direted to make Proclamation, &c. 407
by reafmn of the feath and Fifteenth aforefaidgranted to us by the Laity, and
the Djfrefs, if you jall have caufed any to be made upon him on that Occaion,
caufe to be releafed to him without Delay: Provided that he anfwer to us for fath
Tenth and Fiteenth of the Lands and Tenements, if any were purchafed by him
the aforefaid W. or his Predeceffors to the faid (a) Prebend, after the twentieth
Year of Lord Edward fome time King of England, our Grandfather, according
to the Goods and Chattels being in the faid Lands and tenements and coming forth
of the fame, as is juft. Witnefs, &c. And upon. that he fhall 'have an Aliar
and Pluries, and Attachment.

Writs direlied to make Proclamation, that none cafl Filth or Dung

into Ditches or Rivers near Cities or Boroughs, made Anna
za R. 2. capI I0.
B IF any one eaft any Dung, Filth or Intrails of Cattle into Ditches, Waters,
oer other Places which are next to any City, Borough or Town, he who
will may fue forth a Writ direfted unto the Mayor, or Sheriff or Bailiff of
fuch Town, &c. That they make Proclamation that none fo do, and that
thofe that have fo done, that they caufe to remove and carry away the fame
from thence: And this Writ is founded upon the Statute of 12 R. 2. cap. 13*
,and the Writ is fuch:
The King to his Bailifs of the %own of Newcaftle upon Tine, greeting:
Whereas in the Statute fet forth in our Parliament held at Canterbury in the
twelfth Year of our Reign, it is amongft other Things contained, That Proclama-
tion be made as well in the' City of London' as in other Cities, Boroughs, Townr,
and the Suburbs thereof, where it ftall be needful, as well within Liberties as,

(a) Note; That in the twentieth Year of K.
Ed. i. al Ecclefaaical Benefices were taxed;
and therefore according to that Rate they are
charged to the King, on a Tenth granted by
Convocation, (they are ditcharged of Tenths,
&c. there) 17 H. 4* 33. But if an Abbot be
feifed of a Seigniory, so Ed 1. and after that
Time the Tenancy efcheats, as to that it is tax-
able among the Laity, but the Seigniory was
annexed to the Spiritualty. Anso zo Ed r. aod
-vide; and fee 29 Ed- 3. 20. But if an Abbot
was feifed at that Time, and afterwards made a
Leafe at Will, or for Life or Years, the Leffe
Shall not pay the Fifteenth, for it is the Abbot's
Land, 29 Ed. 3. Qinninm i. alfo if the Abbot
was feifed of a Grange, Ano 2o Ed. i. and
afterwards Habitations are made there, and the
Grange becomes a Town, they dhall not pay to
the Fifteenth, becaue the Abbot who is Lord
pays.Tenths with the Clergy for the fame Land.
as H. 4. 36. per Tfirs. See Rol. Par. i 5 Ed..
5. Art. 25 & 32. Poffemions of Churches pur-
chafed and appropriated,, not taxed among other
Tenwporalties in the Tax of Tenths, butcharg4d
with Fifteenths, &.
See Rw. arl: zo Ed. 3. A.dn. 44. Religiout
Men who paid Tenths among the Clerks, and
only paid them 2oEd. i. ditcharged of Fifteenths,
for the Poffeions of which they paid Tenths.
and of the Lands whereof they did not payTenthe
being charged with Fifteenths.
See it H 4- 37. par Thirx. If an Abbot had
a Manor, Annw zo Ed. t. for which be was
charged with Tenths, and afterwards aliens it
Now the Alienee thall pay to the Fifteenth; but
if it comes to the Abbot again,. he ihall not pay
to the Fifteenth aTffed aftdr it fo returned ; but
if the Alinee was taxed to the Fifteenth before,.
and it afterwards comes to the Abbot, he may
difirain for it, otherwife if the Abbot comes
thereto by his Reverfion. ARv..Parl. i R. a
Ni. thza
408 Writs direled to make Proclamation, &c.
without, that all they which do caff and lay Annoyances, Dung, Garbages, Intra/k
or other Ordure in Ditches, Rivers, Waters and other Places within, about and
.near the divers Cities, Boroughs and Towns of our Realm of England and the Sub-
urbs thereof, hall caufe them wholly to be removed and carried away before the
Feaft of, &c. under the Penalty of twenty Pounds to be paid to us, and that the
Mayors and Bailifs of every fuch City, Borough and Town, and alfo the Bailifs
of Liberties, /hall compel them to do this under the like Pain; and moreover that
Proclamation',jhallbe made as well in the faid City of London as in other Cities,
Boroughs, 7iowns and other Places abovenamed, that none of whatfoever Condition
he be, caufe to be caft or put from thenceforth any fach Annoyance, Garbage,
Dung, Intrails or any other Ordure in the Ditches, Rivers, Waters and Places
abovefaid ; and if any iball do this, he Jhall be called before the Chancellorby Writ
at his Suit that will complain thereof, and if he be found Guilty, he fall be pu-
nfed at the Difcretion of the Chancellor, as in the Statute aforefaid is more fully
contained ; and now on the Behalf of our beloved in Chrift the Prior and Friars
of the Order of Hermits of Saint Auguftin of the faid Town of Newcaftle upon
Tine, we underfiand, that many Men of the fame Town have caft and laid Dung,
Garbage, Intrails and other Orduresin a certain Way which leads near the Man-
fion of the aforefaid Prior and Friarsin the fame Town, to the Nufance of them
the faid Priorand Friarsand others converfant and pafing there, and to the mani-
177, ] fefl Peril of the town, and againft the Form of the Statute aforefaid; We willing
that Statute to be inviolably obferved commandyou, ftritly injoining that you make
Proclamation in the faid Town on our Behalf, that none, of whatfoever Condition
he fhall be, do caf# or lay any Annoyances, Garbage, Dung, Intrails or Ordures
whatfoever in the aforefaid Way, and that all and every one who fhall caft or lay
fuch Annoyances there, do remove and carry away the fame without Delay, accord-
ing to the Form of the Statute aforefaid. Witnefs, &c.
And it feemeth, that the Chancellor may award a Pone againft him, or an
Attachment, to make him come before him in the Chancery; and there pu-
nifh him according to his Difcretion. And it feemeth, that he who is grieved
by that Nufance may have an Adion upon the Statute againft him who did
the Nufance, and recover Damages for the Nufance done to him; tamen
qua're.
But by the Common Law, if a Man doth any Thing to the Annoyance of
my Freehold, or of my Land in which I have an Eftate for Years, I (hall
have my Aion upon the Cafe for the fame, or a Writ of Nufance, if it be
Annoyance unto my Freehold.

Writ
 409

Writ of Aff of Novel DiJJeifn.

Life, or Te-
TA HE Writ of Afife of Novel Difei/in lieth where Tenant for
nant in Fee-fimple, or in Tail, is diffeifed of his Lands or Tenements,
or put out thereof againft his Will, that is a Diffeifin; and he flhall have all
Afife of Novel DiJein of that Oufter, &c.
B And the Rule in the Regifter is, That if a Man will bring (a) an Afife of
Novel Diffetin of Lands in the County where the Common Pleas is; that then
the Affife fhall be brought in the Common Pleas; and if the Common Pleas
be in one County, and the King's Bench in another County, if the Affife fhall
be brought of Lands in the County where the King's Bench is, then the Affife
fliall be brought and returnable in the King's Bench: And if both the Benches
be in one County, the Ufage is to bring the Affife in the Common Pleas or
King's Bench at Pleafure S but that, as I think, is againft the Rule in the
Regifter.
C And the Aife of Mortdaunceftor fhall be brought in the like Manner, as the Seebdoreoi
Afife of Novel Difeifin thall be, before the Juitices of the Common Pleas or acc. inAttain.
King's Bench; and in the Affife a Day certain Ihall be put, thus ; Ufque in Vide 7 AKf. 7.
izo
diem 7ovis poi Quindenam, &c. But in Afifes of Moridaunceflor the common Br. Aife
Day fhall be in Quindena, &c. vel in Ottabis, &c. as in other Pleas.
D And in an Afife of Novel Difegin in the Common Pleas or in the King's
Bench, the Juftices may give Day out of Term, thus, Ufque ad diem 7ovis
proxime poft Feflun S. Lucie, &c. becaufe that the Aflife hath not any Day of 3o AT 44. R.
Return in the Term, but Day.certain, which the Juftices will give, and that Afrife 116. for
may as well be out of Term as in Term. And by the Statute of (b) drticuli their Patent
fuper Charras, in every Writ of Summons and Attachment there ought to be ought to be
dtdfifteen
fifteen Days betwixt the Date and the Return thereof ; but in A/ife of Novel Days before
Dfeifin in the Common Pleas or in the King's Bench there needeth not be the Day.
fifteen Days between the Date and Return thereof, as it feemeth by the Statute.
E And in an Alife of Novel Defein fued before Juffices in Eyre, or before zz AT ..
Juffices of the King's Bench or Common Pleas, the Ilaintiff ought not to29 AT 40. Br.Alflife 3=o
Aa) See rag. Chart. c. i2. That Recogniti- d. Ed. 3 57. Nich, Dagwor:I's
pays of Novel Do'ri~as, and de Moridauncejior Cale. See Lier 250. judgment may be given
thil not be taken but in the proper County. in C. B. on a Verdi& adjourned thither for Dii-
A Gyer of the Common Pleas for Life, the culty; and fo on a foreign ffue where it is found
COurt then held in Coi' S. is diffeifed, and over, &r. if the Plaintiff will releafe his Dama-
brings his Affife, then the Court is removed to ges. See an Adjournment of an Affife from one
Weininfler; yet the Plea Thall be continued in County to another, without any Refummons.
C. B. and the Aflife (hall be taken by Nifi prius Dyer 375. L. 5 Ed 4- 134. Cale COAs' SaloP.
in the County of S. where the Dificifin was. z2H. 6.
7 H. 4- 45. 8 Ed. +. I6. 19 A9 45. And al- (1) It feems thatthe Statute rfic'fuper Chart.
though the Court be removed, and alfo the Of- gives the Averment of not attached by fifteen
fice yet the AfLife ought to be brought, and Days. 10 49 40. 12.4f- 4. Fu before that
the View made where the Diffeifin commenced, Statute, Perlons fo attached were not to have the
and he may well enough recover the Seifin there. Summons dfteen
of Days. Brai7.g1 . r 16,is .

Ggg have
 410 Writ of Affife of Novel DifeJifn.
have any Patent to the Juftices, for they have Authority without a Patent s and
fo have Juftices of Afflife Authority to take Aflfe of Novel Drfein without any
Patent made unto them by the Statute of Wejm. i. cap. 13. but then the
Form of the Writ is fuch -
The King to the Sherf, &c. (a) A. hath complained jwnto ias, that B. trjufily p-
and without 7udgment hath defeifed him of his 1%eehold in C. after the firft (b)
Pafage of Lord King Henry, Son of King J. into Gafcoigne; And therefore we
command you, that if the aforefaid A. Jball make you fecwre to profecute his laim,
then caufe that Tenement to be re-feized, and the Chatteh which were taken in it,
and the fame Tenement with the Chattels to be in Peace until she fyf Affe, when
Which proves our 7uflices fhall come into thofe Parts, and in the mean time caufe tweltv fre
that the Bailiff and lawful Men of that Venue to view that (c) enemext and their Names to be
is Party quo- put into the Writ, and fummon them by good Summoners, that they be before the
Vidme mAod . Juftices aforefaid at the Alife aforefaid ready to make Recogniance thereupon,
Br. Aife 122. and put by Gages and (d) fafe Pledges the aforefaid B. or (if he jhall sot be found)
his Bailif, that he may be then there to hear that Recognizance, &t. And have
there the Summoners, the Names of the Pledges, and this Writ, &c.
And if the Writ of Affife be brought before other Juftices than before the G
Juftices of Aflife in the fame County, then the Writ thall be in another Form,
which is fuch: Rot. Parl. 25 Ed. 3- no. 35.
The King to the Sherf, &c. A. and B. his Wife, have complained unto us, H
that C. unjuffly, &c. hath (e) difeifed them ; or, the aforef/id B. of her Freehold
in N. And therefore we command you, that if the /aid A. and B.Jall make you fe-
cure, &c. in Peace until a certain Day, which our beloved and faithful R. and F.
fhall make known to you, and in the mean time, &c. andfummon, &c. that they
may be then before the aforefaid R. and F. and thofe whom we ball have afo
ciated unto them, at a certain Place which the fame R. and F. fhal make known
to you, ready thereupon to make Recognizance. And put, &c.

(a) If the Writ be MonjfrawVit mi, it (hall Days, and not attached by Pledges or Goods. 34
abate, it H. 6. zo. and fo if injufe &Jfnejaditio Af. andAotes four or moreDefendants mayfind
be omined ; fo if the Writ compriles the Cer- two Pledges in the County, 8 H. 4. 6. and Ibid.
tainty of the Demand, guere. the Trial of the Attachment fball'be by Oath of
(b) See Wief. j. cap. 8. Yet it feems though the Bailiffs; and per Car. If the Defendant be
thofe Words are not in the Writ, if it appears to returned Nihil, the Aflife thall be taken by De.
the Court by the Plea, that the DiKeifin was fault, without fpeaking with the Bailiff, 7, 4
after that Time, the Writ is good. Note; It is 1a. and Nibil babet is a good Return in Aife,
a good Plea to fay, that he was not difeifed- without faying non e] iventur, for he may be
after the Time of Limitation. 13 H. 4. 16. attached by Pledges, is H. 6. 4. and fee there
() Notes; If it appears by Examination, that fel. 3. though 1Whil be returned, yet the Allife
the jurors have had a View of the Tenements of thall be awarded.
their own proper Notice, without the calling (e) A Writ brought by Baron and Feme, was
them thereto by the Sherif, &c. it is well enough. rued dfeif/vit ses; where the Diffeifin was be-
Dyer 61. fore the Coverture, it fhall abate by Plea of the
(d) If any Stranger Ends Pledges it fuffices, Tenant; but if Not guilty be pleaded, and this
for he (hall be intended Bailiff, 8 H. 4. 6. and if Matter be found by Verdia, it Shall not abate
the Bailiff returns attached per plegios, it is well, the Writ, 14 H. 6- 7 H- 7- 24- 4Af 6. 24
4
though it be not faid, quod Defendens non efj in- Ed. 3- 50. and yet if a Feme diffeifech, and then
'yentas, for it fhall be intended. See 264f 33. takes Hufband, the Writ thall be quadDOyeve-
28 A4Y 40. and if the Defendant appears, it is rant. 7 H. 7 . a. 4 Ed. 4 . .
7
£uficient tho' he was only fummoned by ifteen
And
 UWt of/Affr of Norvel Diffin.Al
I And upon that Writ they ought to have a fpecial Patent direded to the
fame Juffices, becaufe they are not the Juftices of Afife of that County, and
the Patent fhall be fuch:
K (a) VTbe King to his beloved and faithful R. and F. greeting: Know ye, that
we have confituted you our yufices, together with thofe whom we have afociated
unto you, to take the 4fflfe of Novel Deferfin which A. and B. his Wfe have ar-
raigned before you by our Writ againfl C. of !renementsin N. And thenefore we
command you, that at a certain Day and Place which you fball appoint for this [ i-S.
Purpoft, you take that Afife, doing thereupon that which belongs to Juftice, ac-
cording to the Law and Cqfom of our Realm, faving to us the Amercementsforth
coming thereof: For we have commanded our Sherif of Lincolnhire, that he
caufe to come before you that4Ffe at a certain Day and Place, whereof you jhall
give him Notice. In Witnefs whereof we have caufed thefe our Letters to be made
Patent. itnefs, I&c.
* And if the Writ aforefaid be dire&ed to the Sheriff, and thofe who are af
figned by the Writ to be juftices of that Affife, be the Juffices of Affife in
the fame County, then it feemeth the Party needeth not to have a (pecial Pa-
tent to them for that Aflife ; for their (b) general Patent to them to take all :Z9 A. ,.
Affifes Ihall be fufficient for that Aflife and all other Aflifes For the juftices
of Aife ufe but to make one general Precept for all Aflifes according to theiT
general Commiflion and Patent; and not to make a fpecial Precept for every
fpecial Writ dire&ed to the Sheriff, and efpecial Patent made unto them to
take any fpecial Afrife for fuch Party.
B And if an Afife be brought in the Common Pleas or King's Bench, there
the Form of the Writ is:
A. hath complained unto us, that B. mjafy, &e. (until) in Peace until Saturday
in the Otlave of Saint Michael next coming ; or thus, until Saturday next after the
Morrow of All Souls next coming, and in the mean time, &c. and fummon, &c.
that, &c. before us at W. or before our 7uftices at W. ready thereupon, &c.
C And in Aflife when he purchafeth the Writ, he ought to find Sureties in
the Chancery; and then the Form of the Writ is fuch-:
The King, &c. A. hath complained unto us that, &c. unjuftly, &c. deferfed
him of his Freehold in N. after the firfi Pafage of Lord King Henry, Son of
King J. into Gafcoigne; and becaafe the aforefaidA. hath made us facure to pro-
fecute his Claim by C. and D. in your County, we command you, that you cauft
that !'enement to be refeized, &c. as above.
D And another Form of the Writ againft a Body Corporate is thus (c)
A.
(a) Noti The Patent remains with the Plain- (c) Note; An Affife of Rest Is aghift the
tiff, 33 H. 6. AA# 460. The Juftices may Pernor only, or againit all, or againft the one,
call the Jury, though the Party does not fhew or the other. 9 Ed. . 1i. Bot if an Allih
his Patent. For if he brings his Patent before brought againfi the Pernor and the Tenant, the
the Aflife ought to be awarded, it is Tine Tertenant thall not plead in Bar. sa H. 4 . Zx.
enough, 3 R. 4. Af 358. See 8-R. 2. A Af I.
368- 3 47f 8. Nou-, An Allife of Rent-Service may be
(b) And yet fee 5 Ed- 4. 133. a general Patent brought agaiift the Tenant in Right, -though
is fuflicient for all Allifes arrained before the he be not Tenant of the Land, as againft the
Patant, but for thofe arrained after the general Mefne, 17Ed. 3. 69. and in fuch Cafe, though
Patent, there ought to be a (pecial Patent, he be difieifed, 9 Ed. I. 8. -or if he -makes a
Zarer. 29 4r 4e0. --
GZ knGift -
 412, Writ of Aff of Nod Diffeifin.
33 Ed- 3- A. bath complained to us, that B. Mayor ofthe City of C. and the CoImenalty D
H9.z of the fame City, unjufily, &c. Or thus; A. hath complained unto us, that I.
Brief
5 Ed. 2. 4* Abbot of the bleffed Mary of York, and Friar P. of C. a Monk of the fame
Avowry zo6. Abbot, and FriarI. of P. a Convert of the fame Houfe, unjufily, &c. Or thus;
i9 Ed. 3. C. Chaplain of the Chauntry in the Church of N. bath complained unto us, that
Brief 468. B. unjffly, &C.

3 A. pl. 18. If a Man have a Rent-fervice, or a Rent-charge, or Rent-feck, iffuing out

Plow. 86. b. of Land for Life, in Tail or in Fee, if he be diffeifed of the Rent, he fhall
ii Ed. 2, have an Allife, and the Writ fhall be general, That unjufjly, &c. he hath dif
carranty 83. feifed him of his Freeholdin N. and fhall make his Title to the Rent.
(a) And the Rule in the Regifter is, That when a Man is diffeifed of a
Rent-charge or of a Rent-feck, it behoveth that all the Tenants of the Tene-
rnents charged be named (b) in the Writ of Affife, and all the Land put in
View, although he were diffeifed but by one Tenant only, but it is otherwife
of a Rent-fervice.
9 H.5. 13. And in an Aflife of Novel Defeifin a Man fhall not vouch any one, unlefs E
7 Ed. 6.89' he be named in the Writ, and prefent when he is vouched, and would pre-
eft. .C.r3. fently enter into the Warranty, and warrant the Land, &c.
W
Init. 20. b. (c) But in an Aflife of Alortdaunceftor he may vouch at large. And a Man F
35 H. 6. 7- fhall have an Affife of Novel Difetin of an Office, if he have the fame for
3 Ed. 3. Life ; and the Writ thall be, That he hath difeifed him of his Freeholdin D. and
Afr 175, 40,. he Ihall make his Plaint of the Office, and thew his Title in the Plaint.
9 H. +. 6. And fo if a Man have any Profit granted unto him out of Land for Life,
8 Ed. 4 . it6.
2aH.6.4. or in Fee, as to have the Fruit of Apples, Nuts, Acorns, or other Profits
6 Af. 12. whatfoever, he Ihall have an Affife of them, if he be diffeifed of them, as
BrAire '45. appeareth by the Statute of Wef. 2. CaP. 25. (d).
31 Ed. a. And fo of Toll, Tonnage, Paffage, Pontage, Pannage, and other like. G
Af. 440. And if Tenant by Statute-merchant, or by (e) Statute-ftaple, be diffeifed of

Gift in Tail, contra if he makes a Feoffinent, t4 And fo it is, though it be a Rent-feck,

though the Feoffee does not give Notice, 3 Ed.
3. z1. See 33 Ed. 3. Aff 456. the Pernor
thall be named, effe it thall abate. Note: In a
Pravcipeof Rent againft A who pleads that the
Tenements put in View are three Acres, where-
out the Rent is fuppofed to iffee, and that one
B. holds a Meafe not named, it is no Plea with-
out faying that he is Pernor of the Rent; ad-
judged 21 Ed 3.33. An Affife lies of Tithes
againit the Pernor, without naming the Tenant,
for Tithes are not iffuing out of the Land. Dyer
84. See Sir Nibolas daon's Cafe; if 4 has a
Rent, and B. levies the Rent, claiming the
.Rent, and it is not paid to A. B. is Pernor, and
the Aflife muft be brought againft him, and not
oily againit the Tertenant, per Fit:6b. But Sbard
denied it, and faid, it could not be intended the
fame Rent. 3o .A9: 5. See it brought againt
the Pernor alone. 2z H. 6. z3.
which once was a Rent-Service.
(b) Although he be out of Court by his De-
fault, 13 4f i. and there be a Recovery in Va-
lae, r6 . ig. and he thall vouch or have Aid
of him, who is named in the Writ only. 9 H.
5- 13.
(c) See the Notes at the End of this Writ of
Aile of Offices, &r.
(d) And to of ElMovers, &r. if the Tertenant
cuts down the Wood, &c. 2 H. 4. tt. but the
Statute does not extend to an Eafement as a
Way, &. thereof an Affife does not lie. 34 A9
14. See a Plaint of Eftovers in Time of R. 2.
F. Grants 104*
(e) If the Tenant by Statute be ouffed, the
Tenant of the Freehold thall have an Afdife, and
alfo the Tenant by the Statute, and if the one
recovers farit, the Writ of the other Ihall abat.
aI.-6. 4*
any
 Writ of Af1f of No vel Dje *n 413
any Lands which they have in Execution until their Debts be levied, they
Thall have an Affife of Novel Dieiftin, and recover their Term ; and yet they
Ihall have but a Chattel, fcil' the Land for the certain Term of Years, but
that is by reafon of Statutes thereof made.
And fo he fhall have an Aflife, &c. of the Land which he hath in Execu-
tion by Ekgit, if he be deforced thereof, by the Statute of Weft 2. cap. 18.
H (a) And by the Statute of Weft. 2. cap. 25. Aflife is given, if one with his
Cattle do eat the feveral Pafture of another, the other may have an Affife
of the Pafture, and waive the Poffeflion, although the other do not claim the
Freehold of the Land.
I And fo if the Lord, or other Man who hath a Rent iffaing out of they27 Affire s.
Lands, do often diftrain for the Rent or Service where none is behind, the Br. Aff. ;74.
Tenant may have an Affife for this Diftrefs by (b) the Common Law. And Air So, s8 6.
that Affife lieth between the Lord and the Tenant, or between the Lord Pa- 9 H. 7. 5-
ramount and the Tenant Paravail, as appeareth 27 AfJ 5 x. But it feemeth 14 H. 6. 26.
reafonable, that the Tenant have the Aflife of Sovient faits diftrained againft 27 AKr 21.
him who claimeth a Rent-charge out of Land; tamen quere. And if a Man diTrained for
fueth divers Affifes againft one Man in feveral Towns, or againft feveral Men Fealty pend-
in feveral Towns, he may fue forth a Patent to the Juftices for all thofe Af- ing a Cefavit,
fifes; and the Form of the Patent fhall be fuch: -&C. 20 Ed. 3.
The King to his beloved, & c. greeting: Know ye, that we have confliitued you, AIE 3.
&c. to take the 4/fife of Novel Defeifin, &c. which, &c. of Tenements in N. and [ 79.
to take the A/ife of Novel Dfefin which A. &c. before you by our other Writ
againf, &c. of Tenements. And fo if there Ihall be more.
A If a Man be feifed of Parcel of a Rent which is payable at a Day, and 5 Ed. 4. .
afterwards the Tenant will not pay the Refidue of the fame Rent which is 12 Ed- 3. 7.
due at the fame Day, he who ought to have the Rent fhall have an Affife of Lt 129.'I
Novel Defeifin of the whole Rent, as well of that which he is feifed of, as of 8 AM. Pl. 4.
the Refidue, and that Seifin of Parcel of the Rent fhall be to him a Seilin of g Afrie 22.
B the Whole Rent. And if a (c) Man do diftrain for his Rent pendent an Af- Br. ArT 30.
fife for the fame Rent, he thall abate his Aflife; but if he diftrain for Homage Fit. 788.
4 7 Ed. 3 - 7
pendent- the Aflife for Rent, which is Pareel of that Service, that fhall not 1 2 E. 4. " .
abate the Aflife, for an Affife doth not lie of Homage. 29 A.S 2=.

(a) See by the Statute Sz H. S. in an Ale
for Tithes, the Writ thall be de libero 'Tnement#,
and he Thall make a (pecial Plaint and Title
therein Dyer 83.
(6) Ste zS' 5o. No Aflife lies,, for too
S a Stranger without the Tenants Affent, makes
often or exceffive Diftraining, or for difiraining
for Homage, Fealty or Suit. For, for there
Duties no Difirefs can be exceflive. 42 Ed. 3.
26. And in .this Writ a Stranger being Terte-
nant may plead Ries arrear. See 27 A: S7.
Z8A So. zoEd. 3 . 4 33.
r) But it isotharwin, if the Bailiff diftrsains
without his Commandment or Confent, 0id. 2.
4V 397. the Grantee of a Rent charge being
feifed, demanded the Rent on the Land; the Te-
nant not beig there, it is not paid, he difrains,
Refcous, an Affife on this being brought againft.
the Tenant, it abated, becaufe to Non payment
be a Difeifin, yet when he is diftrained after-
wards the Diif is purged, and, he Mall have
an Afife alone, but the Recous, ad the Ref-
cufforought to be named. 79.46 5 and.59.,
Pafd.K.
Vidno

And
 4t4 WTrit of idfife of Nowl Diffeifn.
.Qure, if And Seifin of Rebt by an Abbot fhall be a fufficient Seifin for the Succef- C
for frequent for to have Affife -of the Rent, if he be denied the fame, or Refcous made
.fliftrefs z8
Aff 50. againft him; but Seifin of Rent of the father hall not be fufficient Seifin to
Br. AT rp. the Son to have an Aflife of the Rent, if Refcous be made unto him of the
8 H. 6., 4.. Rent; becaufe that the Abbot hath the Rent in the Right of his Houfe, which
3+H.6.-4-6. Hofe continueth, and fo the Seifin of the Predeceffor is the Seifin of the
2R. .. Succeffor, but the.Father hath the Rent in his own Right; and the Son fhall
3 Ed. . . have the fame.in his own Right; and then 'be ought to have a new Seifin.
49 Ed. 3. 4. -And a Man may have one Affife of feveral Rents, or of Land and Rent, D
15 A 44.
4 and Officers and Profits apprender in his Soil, and all in one Writ. (a) And E
49 A* S. the Lord Paramount may have Common appendant in the Lands of the Te-
,Dyer t93.b
7 A. 1 mant Paravail to his Lands which he hath by Purchafe; and the Tenant Para-
'Dr. Af. 127. vail may improve againft the Lord Paramount, as well as he may againft other
Si A., L3. *Commoner or Neighbour, if he leave him fufficient Common. Quod videM
ibid. 168. 19,Ed. 3 .t. Affife in the Abridgment (b).
iS AfI 4.0.
per Cur'. 14 AX i. ia AT- 30. i AT . 4, 43. 5 H. - o. If there be falcient at the Time of the
"Improvement, although not after, it is not material, AL t S.
2 Ed. 4 s. And -the Seifin of the Guardian fhall give Seifin to the Ward to have an F
;2 Ed. 4.9, Affife, if he be diffeifed. And fo of Tenant by Statute-merchant. And Seifin
2Ed. 4. 5. by the Hands of Tenant for Life of Lands out of which a Rent is iffuing, is
2 H. 6. z. a fufficient Seifin to have an Affife of the Rent, if it be afterwards denied.
9 H. 6. -7, And fo it feemeth (c) Payment of the Rent by the. Tenant for Years of the
:8 Al. 6. Land is a fufficient Seifin to have an Aflife of the Rent, if it be afterwards
Aslire 19 1. denied; Maamen quare.
aa H. 7.35. A Feme Covert ihall not be a Diffeiforefs of any Land, if the do not adually G
,or 350. enter; nor thall the be a Diffeiforefs by the Hufband's AL. And an Infant
onE. 3. hall not be a Diffeifor by his Commandment. But a Man of fuJ Age may
7 Ed. 4. 7. be a Diffeifor, if he command another to enter into Land.
2Ed.
s 4. 9.
41 Ed. .3. i6Aff
6. 7. 35 A. 5. 81H.6. 14.

-zA. 3. (d) If a Man recover a Rent, the Sheriff may put him in Seifin by Wood, H
-zAff. 87. or by any Parcel of the Land out of which the Rent is iffuing.
5 Ed. 4 . £5.
3 4 A. pl.s' And Seifin of Rent by a Parfon or a Chauntry Prieft, which they have in
3 H. 7. 16. the Right of their Church, thall be a Seifin to their Succeffors to have an Af- I
4o Ed. 3. 21. fife of the Rent, if they be denied the fame after the Death of their Prede-
49 Ed. 3. 15- ceffors, as well as of an Abbot, &c. od vide 34 Ed- 3. Lib. Al

(a) Alfo appendant to the Demefus -of his ,(1) But if one 'has fach a Ran on an Award
Manor, 8 Ed. 3. Admeafurement 7. and accord- in Replevin, this is no Seifin of the Rent, for
ingly adjudged, 18 Ed 3 42,4 3. and fee if the by the judgment in the Avowry, he Ihall not
Tenant:1hall have a ue 7uMe there. recover any Rent, but only a Pledge; and there-
(6) For he has not Common ratione Dominii. fore it is adjudged, that upon a Judgment by the
Afife of Common fee the next Writ Po0. Avowant for Rent, no <irefiesm lies for the
.(e) See Seilin of the Rent by the Hands of Arrears, for which the Avowry was made, and
rthc Tenant at Will, pending the Writ, abates no others.
it. as agreed, 27 Ed. 3. 83.
4 A Man
 Aiff, 6'c. 4T5
K A Man fhall not be adjudged a Diffeifor by the A& of his Tenant at Will:
Although the Tenant at Will do Refcous for Rent, &c. he Thall be adjudged
the fole Diffeifor and not the Tenant of the Freehold: But if the Tenant of
the Land pay the Rent unto a Stranger who ought not to have the fame, that,
Payment is a Diffeifin to him who ought to have the Rent (a).

(a) See I64f 15. But 2 4 Ed 3.40. and
40 4f a9. feem contra. Vide B.frpra.
4/if, 'whOre to be taken at yIarge.
In Allife by an Infant, if the Deed of his An-
ceilor be pleaded againft him, the Affife fhall be
taken at large, if the Deed bear Date in the
fame County; but if it bears Date in a Foreign
County, the AfLife fhall be adjourned into tank;
and if it be taken at large, it is Error ; for the
Deed cannot be tried in another County. a Ed.
3. 0* 3 H.4. 17, 18. Seeeontra z6 r 39.
An Aflife was awarded at large on a Divorce
pleaded between the PlaintifPs' Father and Mo-
ther. 30 4 45. An Affife awarded at large
on a Divorce between the Infant's Anceltors
pleaded. 374 5.
S So an Allife was awarded
at large on pleading an Execution againft an
Infant upon a Recognizsuce by his Anceffor.
38 Af %. But an Affife ihall not be awarded at
large, where a Fine or Recovery is pleaded
againft an Infant, without acknowledging the
Poflion to be in him. 24 Ed. 3. 64- 7 H 4.
1er Skrren, If a Bar be pleaded againit an Infant
Plaintiff in an Aflife, the Matter thereof fliall be
inquired, and alfo all thofe Things which may
avoid the Infant's Title.. but when the Defen-
dant pleads to the Affife, it is fufficient, if the
Verdia be given without inquiring into the In-
fait's Title, i z H. 4. 2Z, adjudged; yet fee there
per Handf. If an Infant pleads in Bar, and Ti-
de is made, the Infant fhall anfwer to the Title,
or elfe the Aflife thall be awarded.
.4ffe, bwhere to -be in Right of Passqges, and
'where toinquire of the Points of the Writ.
In an Aflife the Tenant pleads, that the Plain-
tiff is a Nun profeffed, &c. and the is certified
by the Bifhop, no Nun profeffed, here the Af-
fife thall be taken on the Seifin and Diffeifin,
and not in Right of Damages, for the Plea is to
the Writ, a2 Ed. 3- 59. In Moridauncefor the
Tenant pleads a Releafe, if it be found againflt
the Tenant, the Points of his Writ thall not , be
inquired, but only, the Damages; .but, if he
pleads to the Writ, or vouches, which is coun-
terpleaded, there lhall be an Inquiry of the
Points of the Writ de Moridanceflor, 394f 13. fits- of the Office of Packing Wools, &c.- within a
SyEd 3. 28. accordant; but-if a foreign Releafe the Liberties of London, granted by the King,
be pleaded and denied, and at the Day in Bank, by Norris v. ConVfrook; and it was agreed* a..
the Tenant makes Default, the Aflife thall be
awarded at arge, z Ed. 3 . 4. and ibid. 12a. an
Aflife awarded in Right of Damages on Failure
of the Record, 24 Ed. S. 6 1. an Allife awarded
on a foreign Releafe pleaded, .and Default of
the Tenant at the Day in Bank. So Ed. 3. 12.
If the Tenant pleads a Bar which does not con-
fefs the Oulter, and the- Bar is ruled infuffi-
cient, there Seifin and Jilcifin .hall be in-
quired, and therefore he. may plead (or confefs)
an Outer at the Taking of the Allife, per Tanf.
2Z Ed*4* 39. and pOr Hall and Gacosgn, it is
ufual to inquire of the Seifin and Diliifian in
fach a Cafe, but not to award (Damages.) 8 H.
4. 2a. If in an Aflife of Rent, the Tenant
pleads biors do fm FRe, and it be found againft
him, the $eifin and Diffeifin Thall not be in-
quired, o .df. 24. and io4f 18. fo if he
pleads a Releafe of the Plaintiff, 8 Af i 5. or
other Deed, &c. Is A4IV 26. and fo if he pleads
a Deed of the PlaintifPs Ancellor with Warranty, .
and the Plaintiff makes Title, which is found
againit the Tenant, 7 4f 18. and yet it feems
clear, that if the Tenant acknowledges the
Plaintiff's Seifin, and he counterpleads it, which
is found againft him on an Iffue or Demurrer,
the Affife thall be taken but in Right of Dama-
ges. 28 Af 2!, 23. 40 Af 9. For he is a '
Diffeifor by the Counter-pleading, and he has
confeffed the Seifin; yet it feems it thall be in-
quired Ex oficio, if he was a Diffiifor with Force.
See U3 Ed. 3. 4fffv 117. If Baron and Feme
plead a Record in an Aflife, and at the-Day they
make Default, now if the Plaintiff will relcafe
Damages, he thall have Judgment, but if. the
Baron makes Default, and the Feme is received,
and pleads a Record, &c. and after.makes De-
fault, now theAflife fhall be taken on the Scifin
and Dilleifin, 1oH 4.14. 1 H. 4.'! . 37
4f i. adjudged, that if the Tenant pleads to
the Writ, and the Plaintiff maintains his Writ
with fach a Plea as proves (alledges) a Diffeifin
in the Tehant, and the Tenant demars thereto,
the Allife thall be awarded in Right of Damages
on the Difleifin confelled. 1 Hr6.S- -
Affe of Ofte, and Prag apprender.
An AOfie was -brought in Middlefix of the'Pro-
That.
416 Ife, &c.
That the Plaint in an Afife Ihall never abate for 4V 17. Ed- 3 . Plaint 23. -r . 2.
S13
want of Form, and therefore, tho' the Courfe is 30 IV- 4.' and fo Note a Diverfity between a
in an Affife of Office or Corrody, or Common Thing feverable and entire. If A grants a
apprender, &c. to thew the Diffeifin, and then Refit of twenty Pounds out of twenty Acres, in
the Title: yet if he thews the Title firit, and twenty feveral Counties, a Denial of Part of the
then the Diffeifin, it thall not abate. 9 Ed. 4, 6. Rent is a Diffeifin of the whole, and the Aflife
,But in thofe Cafes where he makes Title in his fhall be brought is onfinio cmitatus. But if A.
Plaint (as regularly he ought to-do in an Affife grants Eflovers in two feveral Woods, and the
6f Office, Corrody, &c. yet fee R;f. Entr. 75. Grantee be diflurbtd in one Wood, he fhall not
Hors de Jon Fee pleaded -in Part of an Affrfe of have an Affife of that only. 2zaI.6. 1o, ii.
Rent, 15Ed 4.'24. or of Land. 4 oEd.3* 38.) 3. If an 0ffice extends into divers Towns, Hun-
There he ought to make his Plaint to purfue his dreds, or'Counties, it is an Office for which an
Title, as if a Grant be made to have the Sur- Affife lies of the Profits, by the Stat. Fref. 2.
veying and Packing of all Clothes which hould where Nte ; If an Office extends into divers
go beyond Sea, he ought to 'thew, that thofe Villh or Counties, &c. an Aflife lies for the Pro-
Clothes of which he was culted the Surveying, ft; in any Vill or Hamlet, where the Grantee is
were Clothes to go beyond Sea. 'z. He who ouffed, for the Profts are Things feverable. If
snakes a Plaint in an Allife of Office, need not one be Sheriff, or Bailiff of an Hundred, -or Ma-
be fo precife in ferting out his Title, as if he was nor for Life, if he be ouffed of the Office, he
to fue againfi the King by Petition; for one need may have a Writ or Plaint within the Sherifalty
not make fo-exaft a Title againit Pernors of or Bailiwick of fuch County, City, Hundred,
Profits as againlt a Tenant, and therefore he or Manor, without thewing in which of the
need not thew who had the Office before, or Vills, becaufe well known. But if it be for the
that it was an ancient Office, 9 Ed. 4. 1 1. and Bedelry of an Honour, &c. there he ought to
yet if it was not an ancient Office, it ought to bring his Writ in all the Vills, where the Office
be created and granted by the Words Confitai- extends. Alfo in the former Cafe, the Hundred,
mu, &c. 8 Ed 4.-6. If one makes a Plaint of or County, (City) thall be put, in View; fee
an Office, he need not thew that it is an Office thefe Books. 16 Ed. 2. 4V 3 70. 1S Ed. 2,
of Profit, or that Fees belong thereto,. 8 Ed. 4. 4 377. 8 Ed. 3- 56.
zz. and yet if it be only an Office of Charge, if the King grants 6d. on each Sack of Wool,
an Allife does not lie thereof, 27 H. 8- 38. but within the County of YorA, the Grantee Thall
if he be outted by a Pernor, he has his Remedy have an Afife of the Profits in any particular
by fome original Writ, according to his Cafe, Place within the County, where he is dilturbed.
and fo it is in Cafe of a Corrody. 17 Ed. z. But if he brings an Affife of the Office, the whole
Naper obiit a. in the Cafe of Confl. 2 7 H, * County thall be put in View, as in the principal
rar. 4 Ed. 3. Brief 736, 793, 794. 'CafeApra was held, feeing the Office there ex-
tended into divers Counties. (For it was averted
Affe, how it is to be brought of an Oftre. to be within the Liberties of London, &c.) there-
fore the Aflife for the Office ihould be brought
v. If he be aufted of the Office, then the Af- in Confini Comitaf', 'but for the Profits, it may
fife thall be brought of the Office, cam pertinen- be brought in any Vill or Place whqre the Dif-
tiii; for if his Plaint be of the Office, and of the feifin is; but then how thall it be in cafe the
Profits thereof, he makes his claim of one Thing Office extends throughout England, and it feems
twice, and therefore his Plaint (hall abate, 8 Ed. to mne moft reafonable, that the Office thould be
4. 22. agreed; and fo is 3o Tf 4. for the Office feverable, becaafe it does not charge the Land,
,of Meter. 's. If one be oulled of Parcel of the but only rcfpe6ts the Perfon; and therefore he
Profits of his Office, this may be alledged to be may alfo have an Affife of his Office in whatever
an ouffer of the whole Office, if the Party will. Place he is diffeifed; as fuppofe he diffeifed him
5 Ed. 4. 8. per Cur. But if he will, he may of his Office of Meafurer in fuch a Town, &e.
make his Plaint only of the Profits of his Office, See there the Cafe of the Ulher of the Exche-
and if he be oufted of Parcel of the Profits, he quer. 22 H, 6. to, i i. Et pofiea pares concor-
may have an Affife of thofe Profits: So if one daver'. See an Affife of the Office of Filacer,
has a Corrody de pane & ar'vyia, if he be and the Poll put in View, Dyer t 14. Vaux's
culled of only Part of the Bread, &r. he thall Cafe; and if it be an Office concerning Land, it
have an Affife of the whole Quantity of Bread feems he ought to name the Tenant of the SoiL
for the Neceffity, but he need not bring an 8 Ed.I. .A 285.
Aife of his Corrody, az H. 6. to. 3 Ed 3.

Writ
 417

Writ of Common of Paflure, Turbary or Picary.

L THE Writ of Aflife of (a) Novel Difleyin, of Common of Pafture, or of

1 Turbary, or of Pifcary, lieth where a Man hath Common of Pafture
appendant or appurtenant to his Manor or Houfe, or Land which he hath
for Term of Life, or in Fee-fimple, or in Fee-tail; if he be diffurbed of his,
Common, fo that he cannot take it as he ought to do, he fhall have an Af-
fife of Novel Dijferin thereof ; and the Writ fhall be fuch:
(b) 9The King to the Sherif, &c. A. hal complained unto us, that B. unjuftly, I H. 6. 2.
&c. hath diifrfed him of his Common of Paflure in N., which belongs to his Free- The Writ was
hold in the fame gown, or in another Town, after the firfl Pafage of, &c. (as in de libte Tene-
an Affife of Land): And therefore we command you, ,that if the faid A. fhall m"'O, and his
make you fecure, &c. then caufe twelve free and lawful Men of that Neighbour- anof Pa-
hood to view that Paflure and the fenement, and their Names to be put in the fore, for
Writ, and fummon, &c. before our 7uftices, &c. or before us, &c. on Thurfday which the
next after the Morrow of the Olave, &c. or thus, before our Jufices at the Writ abated.
hfirfl Aife when they fhall come into thofe Parts ; or thus, before our beloved and
faithful R. and F. and thofe whom, &c. (as above).
And if the Common of Paflure, or Turbary or Pifcary be not appendant
or appurtenant to any1Manor, nor Land nor Tenement, then thefe Words in
the Writ, which belong to his Frank-tenement, thall be left out in the Writ;
and then the Writ fhall be fuch:
The King, &c. A. hath complained unto us, that B. unjuffly, &c. hath defeifed
him of his Common of Pafture in N. after the frf Pafage, &c. (until) of that
Neighbourhood to view that Paflure, and their Names to be put in the Writ, &c.
As in the Writ of Affife of Land.
And the Patent made unto the Juftices of the Affife of Common is as the as H. 6. a.
Patent made to the Juftices of Affife of Land; but where it is faid in the Pa- per Patton.
tent of Affife of Land in that Place, Of his Freehold, &c. he Ihall fay in this
Patent, Of his Common of Paflure in N. &c.

(a) See z H. 4. per Marblhau, if the Tenant Commn in grofs does not pafs. Andyet a Writ
ploughs the Lind, whereiq I have Common, I of Dower lies thereof, and- he thall make his.De-
thall'have an Atlife, lnd
not a Writ on the Cafe. mand of Common. x H. 6. z2. And Note; in
See 4 Ed. 2. V- 449. that an Allife of Common an Affife of Common it is not neceffary to make
does not lie without naming the Tenant of the Tidein the Plaint, but the other may deman4
Soil. what he has of Common there, 36 4V 3. the
(b) Here Note, That an Allife de Lero .~- other pleads ors de fan Fee, &c. j i 6. 27.
evieanto does not lie of Common, for it is no See in an'Affife for.Comnon appendant. yvu
Tenement, and therefore by a Grant of all need n~t prefcribe. A 6. 1o.
Lands Te nemoents, ii is heldiby that Aand soe,

H h h (a And
(a) n
 418 Writ of Common of Paflure, Turbary or Pifcary.
[ 18o. J (a) And if a Man have Common appendant or appurtenant to his Freehold A
which is in his Manor or Land, which is in feveral Counties, and he is dif-
feifed of his Common, then he Ihall have an Aflife in the County where the
Common is, and another Writ in the County where the Land is, to which
the Common is appendant or appurtenant. And if the Land or Common be
in one County, and the Land to which the Common is, be in another County,
yet the Writ fhall be brought in the County where the Land of which the
Common is iffuing, is, and another Writ in the County where the Land to
which the Common is appendant, is. And if the Land be in one County to
which the Common is appendant, and the Common be in feveral Counties,
then he fhall have feveral Writs, in the County where the Common is, and
where the Land is; and the Forms of the Writs are fuch:
A. hath complained unto us, that B. unjufly and without Judgment hath dif-
feifed him of his Common of Paflure in N. which belongs to his Freehold in R. an
K. which are in the Confines of your County and the County of Lincoln, after the
firfl Pafage, &c. Or thus; Of his Common of Paflure in N. in your County and
the County of Lincoln, which belongs to his Freehold in K. in the County of, &c.
Or thus ; Of his Common of Paflure in R. alid K. which are in the Confines of
your County and the County of Lincoln, which belongs to his Freehold in K. in the
jaid County of Lincoln in the fame Confines, &c.
And upon thefe Writs he may have a Patent dire&ed to certain Perfons who
Ihall do Juffice in that Aflife upon all the Writs.
T'he King to his beloved, &c. Know ye, that we have conflitutedyou cur uflices,
together with thofe whom we have afociated unto you, to take the Affe of Novel
Deftin which A. hath,arraignedbefore you by our Writs againfi B. of Common of
Pafture in R. and K. which are in the Confnes of the Ccunties of N. and L.
Therefore we. command you, that at a certain Day and Place in the Confines of the
County aforefaid, or in the Confines aforefaid, which ycu /hall appoint for.this
Purpofe to take that Affife, &c. For we have commanded the Sherff*of the County
aforejaid, that at a certain Day and Place in the Confines of the County aforefaid,
5 4. or in the County aforefaid, whereofyou Jhallgive him Notice, he caufe thatflife, &c.
roft. 87' And in like manner he may fue feveral Writs of Affife of Common of Tur- R
a H.6. 9 ,o. bary, or of Pifcary, or other like Profits which are in two Counties. And
7 H. 4. 30. when a Man hath a Rent which is iffuing out of Land in two Counties, if he
5 Ed. 3. z. ac. be diffeifed thereof he fhall have an Afife as before is faid of Common, viz.
r.Alf 5.
' two Writs, one Patent, as before is faid, by the Stat. 7 R. 2. cap. xo. (b).
45 Ed. 3. 12. (c) And a Man cannot ufe his Common appendant with the Cattle of
55 Ed. 4. 32. Strangers, unlefs he bring them to foil his Land: But he cannot agift other
Ryot. Cattle there for Money, which do not manure his Land. 6 H. 7- 4- 45Ed 3.25-
6 H. 7. r4.
r t H. 6. az. r5 Ed. 4. 3. The fame Law where a Man hath Common as an Inhabitant, he thall have it
but for thofe which are levant and couchant within that Town.

(a) See a Commiffion to inquire if . has (h) But it was otherwife at Common Law,
Common in one County appendant to Land in 18 Ed 3. 32.
another County, and a Bridge is between the (,) See thef Diverfities agreed in Strode's
Land and the Common, which ought to be re- Cafe, ri H 6 2z 14 H. 6. 6. and fee the
paired by one, and the Bridge is broken,, fo that Cate of Ramfa V am. I a '
.4. cannot ufe his Common, he thall have an 8. 25.
Allife where the Bridge is, and not where the
CobMOnB is. s o f a C n
 it of Comnon of Paflure, 'Turbary or Pifary* 4t0
And if a Man grant Common unto one for his own Cattle, he cannot ufe AMan prefa.
his Common with the Cattle of a Stranger. fmed to have
Common ap.
pendant for all manner of Beafts, and it was holden it could not be Common appendant, for that the fame isnot
but for thofe Cattle which manure his Lands. 9 Ed- 4- 3. 37 H. 6. 34. and -4 H. 6. 6. But it is Common
appurtenant. Old N. B. 26.

And fo if a Man prefcribe to have Common for his own Cattle, he cannot
afe.Common with other Cattle.
But if a Man (a) claim Common for Cattle without Number, or to have 14 H. 8. z.
Common for twenty Cattle, there he may agift the Cattle of Strangers for CmMan fans
Money in that Common. Number
granted, yet the Tenant fhall have Common for his Cattle. ii H. 6. a.

C (b) And a Man may claim Common appendant ratione Meffeagii, but it 22 H. 6.42.
feemeth it fhall be taken that he hath Land lying to his Houfe, &c. which 27 H;6. 34.
the Cattle ought to fail, .&c. *ere. Admittitur.
But Prifot, It
cannot be but to arable, 2o H. 6. 4. Hulls acc. y Aff. 2. It cannot be bitito ancient' Land of that, and not
to Land-improved, so Ed, 2. acc. and there the Land to which it may be appendant, is called Aid and Gain.

D (c) None fhall claim Common by Vicinage but the Lord who hath the Pof- 7 Ed. 4. 26.
fefflon. of the Town, 23 H. 6. But yet it feemeth, that one Neighbour may 32 H. 8.
E claim Common by Vicinage in the Land 'of' another Neighbour, although he Dyer 47.
be Lord of the Town, &c.. And fo if a-Man-claim Common in certain 34.ac.
Lands fo long as he dwellethrin fuch a:Town to fueh a Houfe, or if he claim
Common in the Land until the Lands be fowed, and, after the Corn is cut, to
have Common there- again.
F, (d) And. if a Man be diffeifed of the Common appendant or appurtenant 1o . 6: 73;
to his, Land, and afterwards he maketh a Feoffment of the Land to which the So if he be
diffeifed of the
Common is appendant or appurtenant, he fhall not haveAlife of that Corn- Land, hehall
mon nor other Rornedy. mot haveCom.
mon till his Entry. H, 7 . 7., z9 H. 8. 4. 7 Ed. 4. 27.

(4) See aecordant, it f:6. ss. and' therefore Manor for his Beafts, he fhall not have it in his
fach Common is grantable over. See 27-H. 8. Garden, nor in his Land, fown, nor -for Beafl
io. that it may be granted to two. 2zzH. 6. 22. not comnonable ; per Babb. If one grants Com-
36 A 9;. mon in his Land, quandocunque A'veria fa ierit,
(h) See 2zH.6. 44. and iz Bd 3 .'Common he hill~not haveComnion, but wheh th&iGran-
a . one claims Common as appendant to his toes Beafts are there alfo; but if one grants
Manor, and iffue joined thereupon, where it is Common to I. 8. abicanque A've~ia fea ierint,
faid,; that if one harCommon appendant'to his he thall have Conima, 'but in the Plats where
Carve of Land; whereon-he has a Honfe, this the Giantor's Beafts do go; and therdfork if he
thall not be faid appendant to the Hotfe, bat to juflifies for fuch Common, he Oughsto fhew that
the Land: and Noe there a fpecial Prefcription. the Beafts went there. 2. If ihe) Beafts of the
(c) Note,; The Lord- may have in the Land Grantor oncewent there, although he nev4r had
of his Tenant Common appendant to his own any Beafts there afterwards, yet the Grantee
Denefns, per.Green. IS Ed. 3. Admeaarement 7. fha haive the Comiton.' 9 H. 6. g6. See ix
(d)' See 4 Ed. S. 45. In a Qgod permitat, of Ed 3.'Co*sb's o. L.' grants Cotnaton to B.
the Seifin of his Grandfather. Note; If one in amsibas pafiurisfuis, to gtithere with 'his own
grants Common, and does not thew in what Beafts; Za ere, if he has Common, though the
Placeit is to be taken, the Grant is Void, per Beafts of the Grantor are not there; it feems not.
P~ajon, if he grants Common throughout his
H h h 2 if
 41o Writ of Common of Pa/lure, ':'1"ary or Piftary.
If a Man grant certain Lands to or- cur;: ComIa OInibus terris fuis, G
&c. and doth not exprefs any i'l:ce c .ain, neIAdl have Common in all his
Lands which he had at the Ti.t of thI arP'
And if a Man have Common oi Etovcrs y Grant, he. cannot build new II
Houfes to have Common of Eftovers for thofc Houfts.
The Ufer of Common by Tenants at Will, thall be a Seifin to him in the I
'41 6 6. Reverfion to have an Affife, if he or his Tenant at Will, be after difturbed to
ufe the Common. I I
And P. 45 Ed. 3. it appeareth, that he who hath Common granted unto K
i H. 6.z. him by Specialty, cannot agift other Men's (a) Cattle in the Common, but
1 H.7.7. ought for to ufe the Common with his own Cattle, or fuch Cattle which he
bath to occupy his Land with, &c. or may manure his Lands with. Cows
32 Aff. 8a. which he alloweth to have the keeping' for their Manure: But Tborpe faid,
Thorpe. that if a Man grant to me Common for my Cattle, that I may take other
Beafts to give me Seifin in my Common, and prefently drive them off again,
Afr. Br. if he who granteth the Common do agree thereunto. And in Affife of Com- L
Atlife ias. mon, all the Tenants of the Land out of which the Common is, ought to be
named, &c. as in Aflife of a Rent-charge.
If a Man have an Afflife of Common, and pendent the Writ, he ufeth the M
Common, the Writ thall abate, but if the Cattle efcape into the Land, it
fhall not abate the Writ although they feed there.
(b) And it is to know, Common appurtenant to a Manor may be for N
Cattle without Number, or to a certain Number, and may be appurtenant to
N[ 81. ] a Manor by Prefcription or by Grant made fince Time of Memory, and that
.6 H. 8. 4. as well for Cattle certain, as without Number. As if at this Day a Man
granteth to one Common of Eftovers, or of Turbary in Fee-fimple to burn
Plow. Com. in his Manor, by that Grant it is (c) appurtenant to the Manor, and if he
38,. ac. 5. make a Feoffment of the Manor, the Common fhall pafs to the Feoffee.
Alir.' And fo if he grant to a Man and his Heirs Common, as appurtenant to his
Manor. of F. to common in fuch a Moor, &c. Now by that Grant the
Grantee fhall have the Common appurtenant to his Manor, and if he make
a Feoffrnent in Fee, or for Life of the Manor, the Feoffee or Leffee fhall
have the Common. As if an Abbot with the Affent of his Convent,, grant
to another and his Heirs, to find a Chaplain to fing in his Chapel in his Manor
2 H. 4. 6. of D. if he make a Feoffment of the Manor, the Feoffee fhall have an Ac-
so H.7. 13 tion of Covenant againft the Abbot and his Succeffors by that Grant, as it
,E H. 9. appeareth. M. 2 H. 4. 6. T. Covenant, and H. 4 2 Ed. 3.

(a) Or fuch Beafts as he bad; fee accordant tainPlace, this is not Common appurtenant, but
ti H..6. I. in grofs; pet Hir!,; but fee there it is adjudged,
(b) Common appendant for all Manner of if one grants an Alirt fim4 rum tota Commwsia
Beafts, 14 H. 6. 6. is not appendant, but appur- gaipv linrl adanau Bovatam Terrx, adjudged
tenant, if it be for Beafts not commonable. 25 this is Common in grofs, and he fhall take as
.49 much as another takes for two Bovates or Ox-i
(c) See 7 Ed. 3. 48. If one grants to . S. gangs in grofs, and when he pleafes. Ratio,
eight Acres of Land, final cam fo much Com- for fuch Common cannot be appendant to Land.
mon as belongs toahis Olcong of Land in a cert

Writ
 4Z1

Writ of Certificate upon Ayfie fued.

A I IE Writ of Ce;t'ficate lieth in divers Manners; one is where the Defen- Asa Fine or
J dant appeareth by (a) ii, and pleads to the Afifc whcre his Mafter Recovery.
bath a Releafe to plead, or other Matter in Writing, of which the Jury can- 8 Ed.3 . Br.
not have Notice ; then if the Affife pafs againft the Bailiff, the Mafter th all AIM.4. z.
have a Writ of Certificate upon that Writing, and thereupon he fhall caufe
the Alife to return, and be fworn to try that Deed, &c. as fhall be more
fully after fhewed.
3 (b) And there is another Manner of Certificate, when the Verdiat is not Plow. 92. a.
well examined by the Juffices when they take the Verdiat, or when they have
not well examined, or fully.enquired of the Iffue joined, &c.
C (c) And the Certificate ought to be fued in the fame County where the 21 Ed. 3. 3.
Affife was fued, and may be fued before the fame Juffices before whom the Br. Afife 63.;
Aflife paffed, or before other Juftices. And if the King's Bench or Common Vie 3a Aiave
Pleas be in the fame County where the Affife paffed, then the Certificate may a Certificate
be fued in the King's Bench or Common Pleas, if they be in the fame County upon a Defea-
where the Affife paffed. fance.
And that Certificate fhall be a Writ dire&ed to the Sheriff; and the Juffices " H. 4. so.
40 Alt. 5.
thall have a Patent made to them as they fhall have in Affife, &c. And the Certificatewas,
Form of the Patent made to the Juftices fhall be fuch: at the Com-
D The King to his beloved and faithful A. B. and C. greeting: Becaufe certain mon Law be-
Doubts are arifen upon fome Articles touching the 4fife of Novel Difeitn which fore Judgment
was fummoned between A. and B. and taken before you the aforejaid B. and our Fitz. Amd.3.
beloved and faithful I. at N. by our Writ, as from the Complaint of him the faid 412. Plow.
A. we have received Information, we have conflituted you our Juftices, together Com. 9Z.
with thofe whom we have afociated unto you, to take the Certificate thereupon:
And therefore we command you, that at a certain Day and Place which you jhall
appoint for this Purpofe, you take that Certificate, doing thereupon that which to
J7uftice belongs, faving to us the Amercements, &c. We have alfo commanded our
Sherif, &c. that at a certain Day and Place which you fhall give him Notice of,
he caufe to come before you the 7ury of that Afife, to certify you upon the Articles
aforefaid, &c. In Witnefs whereof we have caufed thefe our Letters to be made,
Patents. Witnefs, &c.

(a) Moe; After the Aflife awarded in this Plea
by the Bail, the Tenant may appear in Perfon,
and plead fuch a Plea, as thereon he may have a
Certificate of the Aflife being taken, &~c. ii A.
3. 8AJ 17. 1of 24. 12AY 37. 20,1 I.
And fo he may after the Aflife awarded by De,
fault. zo H. 6. 29. 9 H. 7. 24.
(b) And it feems that fo long as the Affife de-
pends in Adjournment, this Execution may be
made either without Writ, as 34 . s. or by
Writ, as 34 / 5.
(C) But if they remove it, then it ha ilnordbe,
taken there, but in the County by Nif prius,.
7 H*4. 45*

(i) And
412, Writ of Certificate upon Af fued.
(a) And the Form of the Writ of Certificate is fuch: E
The King to the Sherif, &c. Becaufe certain Doubts are arifen upon fome Ar-
ticles touching the Aife of Novel Defei/in which by our Writs was fummoned be-
tween A. and B. and taken before our beloved and faithful H. and R. at N. of
Tenements in 1. as from the Complaint of him the faid A. we have received Infor-
mation, we have conflituted the aforefaid H. and R. or thus, the aforefaid H.
and our beloved L. or thus, our beloved and faithful N. and S. our 7ufices, to-
gether with thofe whom we have affociated unto him, to take the Certificate there-
upon: And therefore we command you, that at a certain Day and Place whereof
the aforefaid N. and S. f/all give you Notice, (b) you caufe to come before them
the 7ury of that Alife, to certify them upon the Articles aforefaid, and fummon,
&c. the aforefaid B. that, &c. before, &c. to hear that Certificate: And have
there the Names of the fury and this Writ.
And that Writ lieth properly where the Verdi& is not well examined. But F
if he appeareth by Bailiff to the Aflife, and plead Nul tort, &c. and it is
found againft him where his Mafter hath a Releafe to plead, and doth not
plead it; then his Mafter fhall have another Form of Writ upon the Statute
of Weft. 2. cap. 15. and the Writ fhall be fuch:
Tbe King to his beloved and faithful 1. and his Companions 7uflices, &c.
Whereas in the Statute fet forth at Weftminfter it is contained, That if the De-
fendant againft whom the Afife pafed in his Abfence, fhew any Deeds or Releafes,
upon the making whereof the fury were not examined, nor could be examined, be-
caufe there was no Mention made of them in pleading, and probably might be ig-
norant of the making of thofe Writings, the Juffices upon the Sight of thofe Wri-
tings /hall caufe the Party to be warned that recovered, that he appear at a
certain Day, and jhall caufe the Jurors of the fame 4fife to come, and if he hall
verify thofe Writings to be true by the Verdifl of the Jurors, or by Inrolment, he
that purchafed the A/life contrary to his own Deed, Jhall be punrhed by a certain
Penalty contained in the.faid Statute. And we have received Information from
the Complaint of E. that I. lately arraigned a certain Afife of Novel Dtfejin by
our Writ again/t the aforefaid E. and others, &c. of Tenements in S. which faid
Afie hath pafed in the Abfence of him the faid E. and others, as it is faid, and
he the faid E. hath a certain Writing of Releafe of the aforefaid 1. of the Tene-
[ x8 2. ] ments aforefaid, upon the naking whereof theJurorswere not examined, nor could
be' examined, betaufe there was no Mention mde thereof in pleading : We com-
mand you, that having feen the faid Writing you caufe to be done to him the faid
E. due, fpeedy and compleat Juftice in the Premites, according to the Form of the
Statute aforefaid. Witnefs, &c.

(a) See Rot. pat. s Ed. I. M 3. and M. 34.
in Dorko. Si forte Afif4 illa fAper quibufdam
Articuis illam ioatingenibus mimr plene Exami-
Nata faerit vas eam pleius Examiieis.
(1) This was the Writ, which 'lay at Common
Law, and was always brought before Judgment,
and was always a Perfeaing of the Verdia, fo
that it Thall be faid one and the fame Verdia;
and thesefbre, if any of the Jurors therein had
died after the Verdia, the Certificate thereon
could not be taken by the Refidue with others;
for the Affife was always pending, and there-
fore in that Cafe the Examination fails; but it is
otherwife. it feems in a Certificate on the Statute.
See 1a H. 7. 9. and 43 Aj 5. a Certificate after
Verdia and before Judgment, on a Deed not
given in Evidence before, where the. Defendant
an Infant pleads in Perfon.
And
 'Writ of Certifcate upon fffe fued.
And that Writ is as a Patent Made to thofe Juftices, and upon that they
award a Certificate to the Sheriff, to warn the Party to caufe the Jurors in
Affife to come before them. And that Patent or ComMifion is commonly
made to other Juftices, as unto the Juftice before whom the Affife paffed, and
the fkine appeareth by the Words of the Patent or Commiflion.
A (a) But by the Statute of WPft. i. cap. 25. appeareth, that if the Bailiff of
the Defendant do alledge a Record in Bar of the Aflife, the Juftices may tah
the Afife riotwithItandiug ihat Plea of the Bailiff, and give Judgment upon
the Verdi&, &c. But then the Defendant in the Affife may' come to the Ju-
ftices, and flh'w that he hath Matter of Record to bar the Plaintiff in the Af-
fife, &c. That at Another"Timhe he liarred the Plaintiff in the like Affife,
brought by him againift tie Defendant ; ori that there is a Wirit of higher Na-
tute depending between them for thofe Lands. and then he ought to fNe forth
a Writ to caufe the Record to be brought before the Juftices before 4 hom the
Affife paffed; and thereupon, when the Record cometh before them, if they
perceive that the Record fhall be a Bar in the Affife, then the faid Juftices
fhall award a fpecial Writ of Scirefacias out of the Record of the Affife, to.
warn the Party to be before them, &c. and if he cannot deny it, ,nor avoid it,
then the Defendant fhall recover his Seifin again, and double Dainages, and
the Plaintiff in the Aflife thall be imprifoned at the Difcretion of the Juftices.
And if the Defendait in the Aflife have not any Record to fhew, (b) bit a
Releafe, or other Matter in Writing, which might bar the Plaintiff who reco-
vered in the Affife; then if the Defendant thew thofe Writings to the Juftices
before whonm the Aflife was taken, the Juftices thereupon may award a fpecial
Writ of Certificate direted to the, Sheriff, that he fummon in the Party, and'
that he caufe the (c) Jurors in the firft Aflife, &c. tp try that Matter, &c. And
if it be fourid for the Defendant, then the Plaintiff who recovered by the Af-
fife, &c. f1il lofe double Damages, and fiall be alfo imprifoned at the Dif-
cetion of the Jufdices, as appeareth by the faid Statute.
B But whether the Defendant fhall fue a fpecial Patent to the fame Juftices' to
proceed as the Writ aforefaid is, or that they fhall proceed and award a fpe-
cial Certificate upon the Matter in Writing thewed them by the Defendant,
hath been a Queftion, becaufe by the Judgment in the Afrife, and Execution
awarded, their Authority by Coimmiffion is determined, as fSme fay. But I
cotcdive, that the Statute is a-Coiumiffin arid'Patent fufficient to give Au-

(a) See 12 H..4. 9. After Judgment given have his Challenge to thofe Jurors in the Certifi-
for the Plaintiff in Aflife upon the Death of the cate; gaare, if it be a Matter happening ex poft
Juflices, a Certiorari iffued out of Chancery to fado, as Attaint of the jurors, &c, Yet it
the Executors of the Juftices, to fend the Record feems, if others are joined with the Jury, ad
into Chancery, and from thence a Mittimia is where any of them die, &c. he Ihall have his
fent to the Juftices of Aflife in the County, with Challenge, per Hal, although the Jury came the
a Wrii reciting the Statute. trit,Day in the Certificate;. yet if they make
(b)Zaers, if he Thew a Releafe bearing Date Diualt, the'Parties fhall plead notwithflanding,
in a foreign County, to what Purpofe or Intent And Note; If the Deed may be proved- by Re-
lhall the Affife return (it.) az H. 4. 9. cord, thefa the Inqueft is not to the Furpefe.
(c) It feems per Cur', that the Party thall not Sc 12.,* 4*9*
s shority
4-.4 Writ of Certiflcate upon Afffr fied.
thority to them to award a fpecial Certificate to warn the Party, and to caufe
the Jurors of the Affife to appear before them upon the Matter in Writing
thewed unto them, although Judgment be given in the Aflife, and Execution
be paft ; for if there be fuch Matter, then their Authority remaineth to punifh
the Plaintiff for his Suit, and to reflore the Defendant again unto his Poffef-
fion, by Virtue of the Statute, as I conceive.
And if a Man lofeth in an Affife by Default, where he pleadeth by Bailiff, C
where he hath Matter in Writing not ftewed to the Jurors, he may fue a Cer-
tificate upon that Matter before the Juftices at the next Aflife following, or
before the Juffice of Affife, or before the Juffices of the King's Bench, or be-
fore the Juftices of the Common Pleas; and the Form of the Writ is fuch:
The King to the Sherif, &c. Becaufe, &c. (as above, until) We command you
that you caufe the 7urors of that A life to come before our Yufices at the firfi Af-
fife, when they jhall come into thofe Paris, to certify them upon the Articles afore-
Jaid, and jummon, &c. the aforefaid B. that he be at the faid Affe before the
Jufices aforefaid to hear that Certificate.
And if the Certificate be fued before the Juftices of the Common Pleas,
then the Writ is fuch:
The King to the Sheriif, &c. Becaufe, &c. as we have received Information;
We command you, that you caufe the 7urors of that Afife to come before our 7u-
flices at Weftminfter (fuch a Day) to certify them, &c. (as above).
And if the Certificate be fued before the King, then the Writ is as above:
We command you, that you caufe the Jurors of that 4fife to come, &c. before
us at E. on Saturday, &c. to certify us, &c.
If a Man in Aflife brought againft him pleadeth a Releafe, or other Matter D
in Writing, in Bar of the Affife, and the Plaintiff doth deny the fame, by
reafon whereof the fame doth remain in the Keeping of the Chief Juftice of
the Aflife; and afterwards a new Commiffion is made to the Chief Juftice and
to other Perfons, to take all Aflifes which remain to be taken in that County,
for which Caufe they award a Re-attachment againft the Defendant, and a Re-
fummons againft the Jurors; the Defendant may come and plead the Releafe
or Writing which is in the Keeping of the Chief Juftice, which was denied,
&c. And thereupon the Chief Juffice fhall have Day until the next Aflifes to
bring in the Writing ; and if before the next Affifes the King's Bench be
removed to that County, and that Record of the Afifes is come into the fame
Court, and the Defendant is re-attached, and appeareth not, but maketh De-
fault, for which the Afife paffeth for the Plaintiff, &c. and that Releafe not
pleaded nor thewed, the Defendant fhall have a fpecial Writ to the faid ju-
flice in whofe Cuftody the Releafe or Writing is, to fend the fame into the
King's Bench, and thereupon the Defendant fhall have his Certificate out of
the King's Bench againft the Plaintiff upon that Matter; and fuch Writ is in
the Regifter.
1
z83, ] If a Man fue a Certificate, he may have a Writ of Affociation upon that A
Writ, as in Affife of Novel Difetyin, and alfo a Writ of Si non omnes, as well
as he fhall have in Affife of Novell ifein.

And
 Writ of Certifcate upon Affc fied. 4z%
?1 And a Man may fue the Certificate before the fame Juftices (a) before whom
the Affife paffed, and then the Certificate fhall iffue out of the Rolls of the
fame Juftices: But he may fue his Certificate before other Juftices, if he will,
and then the Writ and Patent thall iffue out of the Chancery.
C And if fome of the Jurors be dead, yet it feemeth reafonable that he'have
the Certificate; and that it be tried by thofe who are alive, and by others, &c.
for that is a new Matter upon which they were not charged before; but fee
that Matter debated 32 Ed- 3. Lib. Af and I 2 H. 4.. 4. 7 H. 4. 45*
D Anno 4 3 Ed, 3. It appeareth that a Man fhall have a Certificate before Judg- 43 Afs .
ment given in the Affike, as well as after Judgment given; and this is at
Common Law.
E And a Man fhall have a Certificate upon an Afife of Darrein Prefentment, 12 H. 4. 9.
or an Affife of Moridaunceffor, or furis utrum; and it is. Reafon that a Man We2.. c.
have a Certificate upon an Attaint, if it 'pafs againft him by Default, where
he hath Matter to bar the Attaint by Releafe or other Writing, &c.
F And if the Record of Affife be remoted into the Common Pleas, theParty
may fue a Certificate in the Common Pleas before the Juftices there, although 7H. 4.45.ae:
the Afife be taken of Lands in another County. See Title Procefs, H 33H. 6. 3 H. 6. 20,
G (b) And the Procefs in a Certificate is Summons, againft the Jury, and the eNota,
Venire facias againft the Party, &c. and after a'Diftrefs. was awardd
H (c) And NWif prius,fhall be granted in a Certificate, if the Land be in an- pendent the
other County than where the Certificate is brought. Certificate of
A life.

(4) See 7 H. 4. 45. Affife taken in Batica,
which is removed, a Certificate thall iffue upon
the Rolls there, and fhall be taken by N/prius
in the County, a H. 5- 5. a Certificate is not
grantable on the Rolls, but by the fame Juftices
before whom the Aflife paffed: But by an origi-
nal Writ, as as Ed. 3- 3. an Affife taken in the
Country and adjourned into Bank for Difficulty,
and the Judgment given there; No. Certificate
ihall iffue upon the Rolls in Bank, but the Re-
cord thall be remanded to the Juftices alligned,
and they thall iffue the Certificate upon the Rolls,
before them. See 33 H. 6. 20. where after a
Record of a Recovery in an Aflife was fent into
Bank byMitimas, a Certificate was there granted
upon the Rolls there; But Sete; It feems this
Certificate was upon the Record, as it was as
Ed. 3. 3. on a Fine, and a H. 5-5. on a Judg-
ment &c. had before the fame Juftices; for the
Statute is, goud 'veniat coram 7u/idari4.qui Tfi-
fam illam reparit; but on a Releafe, as the Cafe
is 33 H. 6. 20, there the Claufe is Jufiiciarii,
&c. See Rot. Parl. 9 Ed. 2. M. 7. Dorfa,. after
the Death of the Jultices of Afilk, a Certificate
before other Juftices alligned by Patent.
(b) And the Jurors thall have the View here.
See 3 H. 4 . 14-
(c)See the Statute Mag. Char.e. z. and 7H.
4. 45. If an Atlife be arrained in B. R. at ork,
and the Bank (Court) is after removed to Wft-
minier, he thall have a Certificate upon the
Rolls, and Nprial.

l ii Writ
 426
Writ of Afffe of Nufance.
4 Ed.g.36.& A SSISE of Nufance lieth where a Man levieth a Nufance to my Free- I
SEd. 2. 43*.1 hold, which I have for Life, in Tail, or in Fee-fimple; then I thall have
Fitz. Nufance the Writ to redrefs the Nufance (a).
aion to e And if that the Nufance be done in one County, and the Land to which K
Cafe 36. the Nufance is done be in another County, then he ought to fue feveral Writs
4 AIT 3. If of Aflife of Nufance, to each Sheriff a Writ, and a Patent made to certain
Nufance be, Perfons to be Juftices in that Affife, as it fhall be in Affife of Common of
and after he Pafture, or Turbary, or Rent, or the like; and the Form of the Writ is fuch:
to whom the
Nufance is alien the Land, the Peoifee thall not have Aflife, becaue it was before his Interelt, 'but the Tenant
Shall andwar to the Nufance, as well before his Time as after. 19 A. 9.

the King to the Sherif, &c. A. hath complained unto us, thatI. unjufy and
,without 7udgment hath heightened a certain Pool in C. in your County, to the
Nufance of his Freehold in L. in the County of H. after the firft Pafage, &c.
And therefore we command you, that if the aforefaid A. fball make you fecure to
profecute his Claim, then caufe twelve free and lawful Men of that Neighbourhood
to view that Pool, and their Names to be put in the Writ, &c.
And in the other Writ, which thall be dire&ed unto the Sheriff where the L
Land is, to which the Nufance is, he (hall fay in the Writ, Videre tenementum
illud. So that the Jurors where the Land is, thall fee the Land, and the Ju-
rors in the other County thall fee the Pool where the Nufance is done.
And moreover he fhall fay in the Writ, And their Names to be put in the
Writ, and fummon them by good Summoners, that they be before our beloved and
faithful R. and F. and thefe whom we have affoiated unto them, at a certain Day
and Place in the Confiues of the County aforefaid, &c. ready, &c. And the Form
of the Patent is fuch:
The King to his beloved,. &c. Know ye, that we have confitatedyou our 7uffices M
to take the Affife which B. hath arraigned before you by our Writs againfl N.
touching a certain Pool heightened in C. in the County of S. to the Nufance of his
Freehold in L. in the County of H. And therefore, &c. that at a certain Day,
&c. in the Confines of the Counties aforefaid which you fhall appoint for this Pur-
pofe, you take that Alife, doing thereon what to 7ujflice belongs ;.for we have com-
manded our Sherifs in the Counties aforefaid, that at a certain Day and Place in
.he Confines of the jaid Counties, whereof you jhali give them Notice, they can/e
that A/ife to come before you: In Witnefs whereof we have caufed thefs our Letters
to be made Patents. Witnefs, &c.

(a) Where he may abate the Nufance. See 8
Ed. 4. 5. But by Handfo he thall not have Trf-
pafs after the Abatement, but if he brings an
Allife, and the Defendant abates it pending the
Writ, the Writ lhall abate. 2 Hl. 4 1i. See
6 Ed. z. AT 454. Parithioners may abate a
Nufance levied in the Churchyard, though it has
remained there twenty Years. So if the Plaintiff
bimfelf abates it pending the Writ, the Writ
thall abate 46 .f. 9.

3 And
 Writ of Afi of Nufance. 4-7
And a Man fhall have the like Writ, if a Man,have a Way to (a) his Land as Ed*3. zz.
or Houfe, and another flop the Way, he fhall have an Affife of Nufance for 20 Ed 3. S.
that Stopping; and if the Way be in one Couinty, and the Land to which uEd F3.
the Way is, in another County, then he thall have two Writs of Af ife of Vi. us H. 4.
Nufance, to each County one, and a Patent made to certain Perfons, as is 25. It fhallbe
aforefaid; and the Form of the Writ is fuch: brought in
The King, &c. A. bath complaived unto us, that B. unjuftly and without 7udg- nanio Co-
nent bath fraightened a certainWay in B. in your County, to tke Nufance of h4 4sf S,.57;
Freehold in C. in the County of S. after the firft, &c. and in the mean time caufe con. 33 H. 6.
twelve, &c. to view the Way, and their Names, &c. andfmmon, &c. z7. con. 2 H.
And unto the Sheriff where the Land is to which the Way belongeth, the 4- 1E. con,
Writ is, Wherefore he bath fJraightened a certain Way in B. in the County of C. '
to the Nufandc of his Freehold in S. in your County, after the firf, &c. And
therefore we command you, &c. to view the a7etMent, and their Names to be put
in the Writ, andfummon, &c. at a certain Day, &c. in the Confiues of the Coun-
ties aforefaid, which the fame, &c. And the Patent is fuch:
TheKing to his beloved, &c. Know ye, &c. to take the 4ffe which,. &c. by
our Writs, &c touching the firaightening a certain Way in B. in the County of
Bedford, to the Nfance, &c. in C. is the County. of Huntingdon ; And thie-
fore, &c. (as above).
O And a Man ihall have a Writ of Aflife, Wherefore he hbath utflly and
without 7udgment levied or thrown down a certain Ditch in N. to the Nufance 1 . 4. 2s
of his Freehold in N. or bath levied, or thrown down, or heightened, or lowered [ 184.]
a certainPool, &c. or bath obirufled, orfiraighteneda certainWay in N. to the
Nufance, &c. or bath thrown down a certain Hedge in.N. to the Nufance, &c.
or bath diverted a Water-courfe in N. to the Nufance of his Freehold in B. after
the frft Pajfage, &c. (as in an Affife of Common of Pafture, .until) of that
Neighbourhood to view that Ditch, that Pool, that Hedge, that Way, that Wa-
ter-courfe, and rienement, and their Names to be put in the Writ, and fummon,
,&c. (as above in Common of Pafture) and the Form of the Patent is,
he King to his beloved, &c. To take the Alife which A. &c. again/ B. of a 48 Ed. 3. 17
certain Ditch levied or thrown down in N. or of a certain Pool heightened or
lowered in N. or of a certain Poollevied (b) or thrown down in N. or of a certain
Hedge
(4) So that it ought to be a Way appendant ; or on a taodpermittat, you need only name the
for of a Way in Grofs he thall have only a Tenant of the Freehold where the Stoppage is.
Writ on his Cafe, is H- 4 z6. per Gr. and fo See i H. 4. 83. If I have Common appendant
of a Way to a Church, becaufe he has no Free- lying beyond a Bridge which a Prior ought to
hold in the Church, 4 Ed. g. Nqfance 8. but repair ratione 7xaurw, and the Bridge fills for
contra it feems as to a Way to a Church which Want of Reparation, I thall not have an Affife
one has ratione %Tahra. Quare, if not an Ac- of Nufance, Quare pontem proftraoit. x. Be-
tion on the Cafe, or a Writ of Afife at his caufe there is no fuch Writ. 2. Becadfe here is
Eleaon. only a Negleft, and for that an Adlion on the
If a Way be fo flopped, that the Party can Cafe lies. So if A. ought to fcour a Ditch,
pafs but narrowly, an Aftion on the Cafe lies; which he does not fcour, whereby my Land is
but if it be wholly flopped, an an Allife. 14 H. drowned, an Ation on the Cafe only lies; but
4, 3 1. See Lih. Entr. 6x6. Where a Tertenant if he flops it up, an Affife of Nufance lies, per
plows my Way, I may have an Aflfie, but not 'Thirning. If a Stranger flops my Way, an Ac-
Cafe, not even where it is wholly flopped. z H. tion on the Cafe lies; but if the Tertenant does
4. so. 33 H. 6. 26. If the Tenant flops my it, anAffife. zzH.6. 15.
Way Aflife lies; if a Stranger does it, an Ation (b) Note; An Aflife de ibere %sxemente does
on the Cafe only; and it focate that in an Allife, not lie of a Way. 34 4f 3. Vidufra.
liia Note
428 Writ of Afc of Nufance.
Hedge levied or thrown down in N. or of a certain Way firaightened or obftruted
in N. or of a certain Water-courfe diverted in N. And therefore we command you,
&c. (as above).
And for what an Affife of Nufance lieth, appeareth by thefe Verfes:
fatum, num, s, a,
Fof flag fepe vi diveri curfus aquarum,
Pofcunt afifam, mercatum, feria, bancum.
i. terminari coram 7uftic' afifar' i. placitariin Banco.
H. 6. 14. And it appeareth by thefe Verfes, to fet up a Fair or a Market unto the A
1 H. 4. 7- Nufance of (a) another Fair or Market, that he unto whofe Nufance that Fair
or Market is fet up, fhall have a Writ for fo doing returnable into the King's
Bench; and the Writ fhall be in fuch Form:
9The King to the Sherif, &c. If A. fhall make you fecure, &c. then fummon,
&c. P. that he be before our Yuflices at Weftminfter, &c. to Jhew wherefore he
hath fet up a certain Market, or a certain Fair in I. to the Nufance of the free
Market, or the free Fair of him the faid A. in the fame Town, or in another
Town, after the firf Pafage, &c. as he faith: And have there the Summoners
and this Writ, &c.
There is alfo another Form of Writ for the fame, which is a 92yod permittat,
which is fuch:
5The King, &c. Command P. thatjuftly, &c. he permit the Bibop of Lincoln
to put down a certain Market in Uppingham, which P. of M. Father of the
aforefaid P. whofe Heir he is, unjuflly, &c. fet up, to (b) the Nufance of the free
Market of C. lately Biyhop of Lincoln, Predecefor of the aforefaid Biybop, in
Luddington, as it is faid, and unlefs he will do it, and the aforefaid Bijhop jhall
make you fecure, &c. then fummon, &c. the aforefaid P. that he be, &c. to Ihew
wherefore, &c.
Note; If one makes a Ditch, &c. crofs a Ri- Market at W. to hold the fame Day only two
ver which runs to my Mill, although the Ditch Miles from S. and that the Country People who
be made on his own Soil: It is in my Eleffion ufed to come to S. do go to W. Pole defended the-
to have an Ailife of Novel Di i/i or of Nufance. Tort, &c. and demanded the View, but it was
3 z A1 2. not allowed; he alfo took Exception, for that
(a) Note; Cafe does not lie, nor an Affle of they did not fay their Market was elder; but
Nufance where it is damnum fine injuria, as for not allowed; for it thall come by Way of Plea.
ere&ing a Mill near my Mill, whereby I lofe the 3. Exception, for that C. had it only for Life,
Culom, &c. of the Inhabitants. 22 H 6. 14. and fo ought to have another Count; won allocat.
So for fetting up a Grammar School. ix H. 4- 47- wherefore he pleaded, That he had not levied
But Cafe lies for fetting up a Ferry, near an an- any Market to the Nufance of their Marker;
cient Ferry on the fame River. 22 H. 6. 14. and Iffue was taken, and the Averment received
See for this Brad. 235. Mercatum levatum non by Award. Note; If the Mar ket be on the
efj injuriofam net proffernendum flt antiquius meo fame Day, it thall be intended a Nufance; but
mercato. 2. If it be ereted within the third if it be on another Day, it fhall not be fo in.
Part of twenty Miles; ziz. unius Diete. 3. If tended; and therefore it fhall be put in Iffue,
fet up for two or three Days at moft, menim whether it be a Nufance or not. ii H. 4- 5. In
Mecatutm fait vicinum. a Scire facias for the King to repeal a Patent.
(6) See Pa/ch. i3 Ed. 3. W. de Clnton and Note; A Market was granted to be in D. on
C. his Wife, brought Nufance againtl A. for Saturdays, two Miles diflant from C. where the
levying a Market in W to the Nufance of their King had a Murket on fue/days. Note; The
free Market in S. for that the faid W and C. in Patent commonly is ita quod nonfii ad nocument';.
Right of the (aid C. had their Market every but if be a Nufance, though it has not that
Wedne/day in S. to which, Market the Country Claufe, the fecond Patent is void againRt him to,
People near uled to come, &c. of whom the whom it is a Nufance. 22 . 6. 14*
Plaintiffs had Toll, &c. the Defendant levied a
And
 Writs of Nufance which are Vicontiel. . 429
And that Writ was granted by the Chief Juftice and Clerks of the Chan-
cery, by which it feemeth, that a Man may difturb another to have or keep
any Fair or Market unto the Nufance of his Fair or Market.

Writs of Nufance which are Vicontiel.

B W RI TS of Nufance which are Vicontiel, (a) are thofe which do appear By the Statute
V by the Verfes following: ofa6 tif2ma
rica ca gultum ges lendinam chooe to have
Fab fur porta, domus, vir gur mo murus, ovile, it before the
Et pons, tradanturhec vicecomitibus. Jfitices, or
And the Form of the Writ is fuch: The King to the Sheref, &c. A. of B. the Sheriff,
bath complained unto us, that B. (b) hath unjufly levied or thrown down a certain Regliter j99;.
Houfe, or obftrutted a certain Gulf in N. to the Nufance, &c. in the fame g'own,
or in another, after the firfi Paffage, &c. into Gafcoigne ; And therefore we com-
mand you, that you hear that Plaint, and afterwards caufe Yuftice to be done
thereupon, that we may hear no more Clamour thereupon for want of Jufice.
C After the fame Manner are Writs, Of a Sheepfold, a Gate, a young 9uickfet
Hedge, a Mill, an Houfe of Ofce, and the like, levied or thrown down. And
thofe Writs may be removed at the Suit of the Plaintiff or Defendant, out of
the County into the Common Pleas by a Pone, with Caufe thewed in the Writ,
as in a Replevin of his Cattle; and the Pone is fuch:.
The King, &c. Pat at-the Petition of the Plaintiff the Plaint which is inyour
County by our Writ between A. and B. of a certain Houfe levied or thrown down
in C. by him the faid B. unjufily levied or wholly thrown down, as it is faid, and
fummon, &c. (as in a Pone of Beafts, .&c.)
And the Rule in the Regifter is, That if he who ere&ed or throweth down Regifter x9p.
a Houfe, Wall, or the like, dieth, that he to whofe Nufance it is, or his
.Heir, fhall have a Ruod permittat againft the Heir of him who did the Nu-
fance, which Writs are amongft the Writs of Ryod permittat.
D And a -Man fhall have an Affife of Nufance for building of a Houfe higher 18 Edt 3. 22..
than his Houfe, and fo. near his, that the Rain which falleth upon that Houfe, Nuance a
falleth upon the Plaintiff's Houfe.
E (c) And a Man fhall not have an Affife of Nufance of a Way, if it be 4 Ed. 3. Fitz;.
not appendant or appurtenant to his Freehold ; as if a Man build a Houfe Nufance 1.
over the Way which I have to my Houfe,- or to the Church, I fhall have an 46 Ed* 3. 23.
Affife of Nufance.
(a) See an Aflife of Nulince, or an Afion on better Opinion, ther Writ (ball not be Q-are le-
the Cafe, lies for diverting Majoris partis Carfus wvwit quandaas Damui ad natuintum liberi te-
aque, &c. Dyer 284. and yet one thall not have vementi. But Zare oflruxii weI arRoilqiam
an Aaion on the Cafe for flopping of a Way; ad xecumentum, &c. Et q44 7zraorej 'Vident.
(Zy-re) but he may have an Aflife of Nufance. viam vel toneintum. So if a Man builds a
Dyer 250. Houfe crofs a Watercourfe to a Mill the Writ
(b) For levying of a Gofs to intercept the (ball be Zod divertit' CUr/Ur aqUV ad-norzmen-
Courfe of Fifh coming from the Sea, aflue ad- tam, &r. Zmere if the Writ may not be Zod/
Grgiem meam fuperioren. 4 6AT 9. Dom l'vawit ad ZOifum uteri teneient-
(cy But he (hall have a Wrt on the Cafe for is H. 4. 25.
Way in GrofW.I H 4. z6. But by the btch h
And
 /

430 Writs of Nufance which are Vicontiel.

And in a Writ of Nufance, the Defendant fhall have the View, and fhall F
So Ed. 3. x2. be effoined; and if afterwards he makes Default, a Diftrefs fhall be awarded
againft him for to anfwer, &c. and not fave his Default. P. 42 Ed. 3. 9-
And if a Man levy a Nufance unto the Houfe of another who hath therein G
an Eftate but for Term of Years, then he fhall not have an Affife of Nu-
S185. fance, but an A&ion upon the Cafe againft him, becaufe he hath no Freehold:
But yet it feemeth he may enter and abate the Nufance.
But his Leee And if a Writ of Nufance be removed out of the County, and the Sheriff A
thall have, 13 return, that the Defendant hath not any Thing, &c. the Party fhall have
H. 3. Fitz- Attachment, Diftrefs, and no other Procefs, &c. becaufe it toucheth Freehold.
Af 4 37 . But in an Affife of Nufance the Procefs is as in Affife of Novel Digiey'in.
And the Parilhioners may pull down a Wall which is fet up to their Nu- B
fance in their Way to the Church, quod vide 6 Ed. 2.
And in an Aflife of Nufance he may in his Plea thew the Nufance to be C
to diverfe Freeholds.
And if the Ways be ftraightened, or the Alleys or Lanes in any Town, City D
or Borough Corporate be filled with Filth or Dung, or fuch Things by which
Means Infe&ion may increafe, then he who will fue may procure fuch Writ to
have them cleanfed and made clean; and the Writ is fuch:
!ihe King to the Mayor and his Bailifs of Oxford, greeting: Becaufe we have
received Informationfrom Teftimony deferving Credit, that by Dung and Dunghills,
and alfo Swine Coals and frequent Accefs of Swine, and much other Filthinefes
which are in the Ways and Lanes of the faid City and the Suburbs thereof, the
Air there is fo much corrupted and infefled, that a dreadful Terrorftrikes the*
Mafters and Scholarsdwelling in the fame, and others converfant and pajling there,
the Benefit of wholfome Air is hindered, the Condition of Men grievoufy hurt, and
other intolerableDefadvantages, and many Dangersfrom fuch Corruption are known
to proceed, to the Nufance of the Mfters and Scholars aforefaid, and of others there
converfant and pajing, and to the manifeft Danger of their Lives: We being
unwilling any longer to endure fuch great and intolerableDefaults, command you,
that without any Delay you caufe all the Streets and Lanes in the City aforefaid,
and its Suburbs, to be cleanfedand for the future kept clean from Dung and
Dunghills, and the other Filthinefes aforefaid, lef by the Corruptions or Filthi-
nefes aforefaid Damage or Danger for the future happen to any Perfons by your
Default, for which we ought grievoufly to attachyou, as Contemners of our Man-
date. Witnefs, &c.
And upon that he fhall have an Alias, a Pluries, and Attachment, if they
do not cleanfe them, &c. But for Villages in the Country which are not Cor-
rate, fuch Writ doth not lie.

Writ
 431
Writ de Affociation in Affife, and of Writs de Si non
omnes.
Writ of Alfociation is a Patent made to one or more, when an Affife of
EA '6 AT 6.
Novel DThfefin or Certificate upon Affife of Novel Diflei/in is fued. Then Affife 2o6,
the King of his own Motion, or the Plaintiff, may fue to have other Perfons Note, There
affociated unto the Juftices of Affife to take that Affife; and the Form of the isone Si non
Writ or Patent is fuch: omnes gene-
ral, which is
entred of Record, and remains with the JiAces for their Warrant to take other Affifes, and the 4pcial Si non
emnes is annexed to the Record, and fent as Parcel.

The King to his beloved andfaithfu C. and D. or, to his beloved and faithful
F. greeting: Know ye, that we have afociatedyou or either of you, or you to our
beloved and faithful A. B. and G. to take the Af.ife of Novel D/feifn which F.
hath arraignedbefore the aforefaidA. B. and G. by our Writ again# H. of Iene-
ments in N. neverthelefs, Jo that if at a certain Day and Place which they the
faid A. B. and G. fha apointfor this Parpofe, you or either of you 6al happe>
to be prefent, they jhall admit you or either of you, or you their Companions or
Companionfor this Pwrpofe, otherwife they the faid A. B. and G. (your Prefence
or the Prefence of either of you not being expefled) may proceed to the takisg that
Alife: And therefore we command you, that you or either of you, or you
attend the taking that Aife, together with the aforefaid A. B. and G. in Form
4forefaid, doing thereupon that which to 7uftice belongs, according to the Law and
Cuffm of our Realm; faving to as the Amercements from thence coming, for we
have commanded them the faid A. B. and G. that they admit you or either of you,
or you their Companions or Companion for this Purpofe, as aforefaid: In Witnefs
whereof we have caufed thefe our Letters, &c.
(a) And upon that Patent of Affociation the King Ihall fend his Writ unte see for the
the Juffices of Allife, commanding them thereby to admit him or them, r&e. Expofition of
and the Writ is fuch: (alter) Dyer
07be 1ng to his beloved and faithful A. B. and G. greeting: Know ye, that we 310,E338.
have afociated unto You our beled andfaithful G. and D. or either of them ; or L.ATed s
thus, our beloved and faithful F. to take the Alife of Novel Dfferfsn which E.
hath arraignedbefore you -by our Writ againft H. and others contained in our ori-
ginal Writ, of renements in N. or of Common of Pajfure in N. neverthelefs, fo
that if at a certain Day and Place which you jhal appointfor this Purpofe, then
the faid C. and D. or either of them,; or thus, him the faid F. you admit your
Companions or Companion for this Purpofe, otherwife you (the Prefence of them
the faid C. and D. or either of them not being expelled j (b) or thus, of him the
faid F.) may proceed to the taking of that Alife: And therefore we command you,,
that you admit them the faid C. and D. or either of them; or thus ,him the faid
F. your Companions or Companionfor this Purpofe in Form aforefaid; for we have,
commanded them the jaid C. and D. that they: or either of them; .or thus, him the
faid F. that they jhall attend, or he}bal attend, together with you, as is 4forefaid.
!Vitnefs, &c.
(4) Note; The Juafices may refute to admit (b) Vel fie; Alquis fagzlk wiri'gibusC. If
she Affociate, except the Writ be direaed to 4.-ab#r estigri, (fr.
them. 5 Ed. 4. d 459*
.Ami
43 A Writ of Ajfociation in Aff, &c.
And if feveral Affifes or Certificates of Affifes be fued before feveral Jutlic(s F
in one County for Lands, Tenements, Rents or Commons, and afterwards the
King maketh new Juffices to take all Aflifes or Certificates and Juries which
are to be taken in the fame County, the King may make an Affociation to the
Juffices new affigned, thus:
[ 86.] The King to his beloved andfaithful W. of D. R. of A. and R. of P. greeting:
Know ye, that we have conflituted you our juftices to take all A1Iffes, Yuries and
Certificates arraigned before any of our 7ufices whomfoever by our Writs in the
County of Lincoln ; And afterwards have commanded you, that if you al could
not be prefent conveniently at the taking of the Afifes, 7uries and Certificatesafore-
faid, then two of you who Jhould happen to be prefent jhould proceed to the taking
of the jame Afjfes, 7uries and Cerificates, according to the Law and Cuftom of
our Realm, We have affociated unto you our beloved and faithful A. to take the
Afifes, Yuries and Certificates aforefaid together with you ; neverthelefs, fo that f
at certain Days and Places which you or two of you }hall appoint for this Pur-
pofe, it happens that he the faid A. be prefent, then that you or two of you admit
him your Companion, or otherwife you or two of you (the Prefence of him the faid
A. not being expefled) may proceed to the taking of the Afifes, 7uries and Certifi-
cates aforefaid: And therefore we command you, &c.
And a Patent made to him who fhall be Affociate, reciting the Patent made
to the Juffices, and the Writ of Si non omnes, and then fhall fay, Aorciavimus
vos, &c. and the Form of the Writ is fuch:
The King to his beloved and faithful A. greeting: Know ye, that whereas we
have confituted our beloved and faithful W. of D. R. of A. and R. of P. our
:fufices to take all Afifes, Juries and Certificates arraigned before any of our Ju-
ftices whomfoever by our Writs in the County of Lincoln; and afterwards coin-
manded them the faid W. of D. R. and R. that if they all could not be prefent
conveniently at the taking of the Ajifes, 7uries and Certificates aforefaid, then two
of them who jhould happen to be then prefent jhould proceedto the taking of the fame
Aifes, Juries and Certificates, according to the Law and Cuftom of our Realm,
We have afociated you to the aforefaid W. R. and R. and two of them, to take
the Afffes, Juries and Certificates aforefaid in the County aforefaid ; neverthelefs,
fo that if at certain Days and Places which they the faid W. R. and R. or two
of them /hall appoint for this Purpofe, it jhall happen that you be prefent, then
they or two of them fhall admit you their Companion for this Purpofe, or other-
xife they the faid W. R. and R. or two of them (yourPrefence not being expedled)
may proceed to the taking of the fame Afifes, and Certfcates aforefaid:
furies
And therefore we command you, that you attend the taking of the AJijes, 7uries
and Certificates aforefaid together with the faid W. R. and R. or two of them in
Form aforefaid, to do, &c. Javing, &c. We have alfo commanded them the faid
W. R. and R. that they or two of them do admit you their Companion for this
Purpofe, as is aforefaid: In Witnefs whereof we have caufed thefe our Letters So
be made Patents. Witnefs, &c.
LSEd-4.m11. And afterwards when the King hath made his Juftices of Affife by Letters A
Br. Aff 386. Patent; and by other Letters Patent hath affociated unto them another Perfon,
yet he is ufed afterwards to make other Letters Patent, as well unto the Juf-
tices of Affife, as to thofe whom he hath affociated unto them, that if they all
do not come at one Time, to take thofe Affifes, Juries, and Certificates, that
then thofe who do come fhall take the fame Affifes, Juries and Certificates:
And that Patent is called a Si non omnes and the Form of the Patent is fuch:
The
 Writ of Afociation in Affe, &c. 433
Tbe King to his beloved and faithful W. of D. I,. of A. and R. of P. and A.
of B. greeting: Whereas we have confituted you the aforefaid W. R. and R. our
:zfices to take all 4ifes, &c. arraigned,&c. (as above, until) and afterwards
we commanded you, that if you all, &c. #hould proceedjubfequently, we have af-
faciated to you, and to two of you, the aforefaid A. to take the Alfes, 7uries and
Certificates aforefaid, in the County aforefaid; we command you, that if you all
cannot coveniently be prefen at the taking of the Afifes, 7uries and Certfiates
aforefaid, then three or two of you (of whom we will one of you the aforefaid
W. R. and R. to be one) fhall proceed to the taking of the fame Affifes, &c. ac-
cording to the Law and Cuftom of our Realm, &c. 74itnefs, &c.
B And thefe three Patents next before are commonly made when any Aflife is
fled; as one to the Juffices of Affifes, and another Patent to the Clerk of the
Affifes of Affociation, and the Patent of Si non omnes, as well made t6 the
Juflices and the Clerk of the Aflifes together.
C (a) And if the King makes his juftices of Aflite in any County, and after-
wards he maketh an Affociation to them, and a Patent of Si non omnes, &c. 32 H. 6. io.
And afterwards divers Affifes or Certificates of Affife remain before them not
determined: The King at the next Aflifes may make a new Commiflion unto
other Juftices, to take all thofe Aflifes and Certificates, and'may make a new
Affociation unto them by another Patent, and a Si non ownes alfo diredted
unto them.
D But a general Patent of Aflife to take all Aflifes and Juries, &c. and Af- 32H. 6. 1o.
fociation lieth. Bt t M 32 H. 6. it is holden, that an Affociation after another
Affociation allowe and admitted doth not lie, nor that the Juftices then do L. 5 Ed. 4.
not admit other Aoflciation in that Writ afterwards, fo long as that Writ and Br..Affife 3 86.
Commiffionlaid in Force.
E But in a fpecial Affife no Affociation fhall be made as it is holden 'the
fame Year, M. 32 H. 6. for he hath not in the Writ thefe Words, Et his
quos fbi afociavimus. But the Writ is direfted to the Sheriff without thofe
Words in the Writ, nor thofe Words are not in the Patent made to the Juf-
tices of that fpecial Affife.
F But if thofe Words be in the Writ, and in the Patent made to the Juftices,
then it feemeth an Affociation fhall be made in that fpecial Affife, as in
other. And it appeareth in the Regifter that the other Affociation lieth after
Affociation in one Writ.
G And upon a new Commifflon made to other Juftices, that the old Juftices
of Aflife fhall deliver their Records of the Aflife unto the new Juftices by In-
denture, upon a Writ dire&ed to them to deliver the Records.
Hf And a Man may fue a Patent of Affociation for feveral Afflifes, and the
Form of the Writ is fuch:

(a) See L. ; Ed.4. 129, 13g7. thefe Points
refolved; .viz. t. That an Affociation may be
on a fpecial Affife, by a fpecial Patent. 2. That
by the Writ of Admittance he is not Jufice
tAffociate) without thewing alfo the Patent of
A~ociation- 3. That by the Patent of Alfocia-
tion he isJuftice, though there be no Writ of
Admittance, 4. Though the Words of the Pa.
tent of Afociation thall be only ad A4fam hrc
-vice eapitndam; yet his Power remains till the
Affife be determined, although it depend thro'
divers Adjournments.

K k k Wfe
 434 Writ of Afociation in Affif, &c.
[ 187.) We have affociated you or either of you, &c. to take the Afife of Novel Difein
which A. hath arraignedbefore, &c. of Tenements in N. and to take the, ffe of
Novel Difetin which C. hath arraignedbefore the fame, &c. again# the aforefaid
B. of !ienements in the fame Town; neverthelefs, Jo that if, &c.
And if the King make two Men his Juftices of Affife in one County, and A
afterwards one of them is elfewhere in the King's Service, (a) fo that he can-
not intend to take thofe Aflifes or Juries, then the King by Patent may make
another Juftice in his Room, to take thofe Afflifes and Juries, and that Patent
is in the Nature of an Affociation; and the Form of the Writ is fuch:
The King to his beloved and faithful A. greeting: Know you, that we have con-
flituted you and our beloved and faithful G. our fuffices to take all A/ifes, furies
and Certificates arraigned before any of our 7uflices whomfoever by our Writs in
the County of L. and the aforefaid G. attends by our Command certain other Ser-
vices of our's elfewhere, by reafon whereof he has not Leafure for the taking the
Yet he isTudge fame Afifes, Yuries and Certificates, as we have received Information, We have
befoe thuey conftituted our beloved andfaithful W. our Juftice in the Place of him the jaid G.
admit him by to take the AJifes, 7uries and Certificates aforefaid together with you; And there-
Markham, fore we command you, that you admit him the faid W. your Companion in the
L 5Ed- 4. '111. Place of him the faid G. for this Purpofe, in Manner aforefaid; for we have
Br. Af. 386. commanded him the faid W. that he attend for this Purpofe in the Place of him
the faid G. together with you, &c.
And a Patent fhall be made to him who fhall be affociate unto them in the
Place of G. which fhall be fuch:
fbe King to his beloved and faithful-W.~greeting: Know you, that whereas we
have lately conflituted our beloved and faithful A. an'd G. our Jufices to take all
Afifes, &c. (as above, until) as we have received Information, We have confi-
tutedyou our Jufice in the Place of him the faid G. to take the Afifes, juries and
Certificates aforefaid together with the aforefaid A. And therefore we command
you, that you attend for this Purpofe with the aforefaidA. in the Place of him
thefaid G. to do in Form aforefaid, &c. javing, &c. for we have commanded him
the faid A. that he admit you his Companion for this Purpofe in the Place of him
the faid G. as is aforefaid: In Witnefs, &c.
And if the King make three Juftices in Affife, and afterwards one of them R
dieth, the King may make a new Patent of Affociation unto another to affo-
ciate him and the two in the Room of him who is dead, and a clofe Writ
fhall be direfted to the two Juftices who are alive to admit him, &c. and it
appeareth by the Writ, that if the King maketh three Juftices to take Affifes,
and make them a Patent of Si non omnes, that if one of them dieth, yet the-
other two may proceed; and the Patent is fuch:
L. 5 Ed. 4.* The King to his beloved and faithful I. of 0. greeting: Know you, that whereas
t 1s. we have lately conflituted our beloved and faithful 1. 1. and S. our 7ufices to take,
Sr. AX 286. all Aifes, juries and Certficates arraigned before any of our Jufices whomfoever
by our Wits in the County of S. and after the Death of the aforefaid S. divers
4ifes, Juries and Certficates.are arraignedbefore the aforefaid I. and I. we, for

(a) Or be dead; and note; A Juflice of Aflife is good; and fuch may take the Aflifes with-
cannot record a Nonfuit. 45 47 3. Where out any Re attachment fued, although the Affife
ene is made a Juftice ad omnes 4Afas capiend', it be removed. 28 Al 2.
2 certain
 Writ of Ajfociation in Afy, &c. 43%
certain Caufes, have conflituted you our Yuffice, as well to take all Afifes, furies
and Certificates arraigned before the aforefaid I. I. and S. and afterwards before
the fame I. and I. as before any of our 7uflices whomfoever in the County aforefaid
together with the fame I. and I. And therefore we command you, that you attend
to take the 4fes, 7uries and Certificates together with the aforefaid I. and I. in
Manner 4forefaid, to do, &c. faving, &c. for we have commanded the aforefaid
1. and 1. that they admit you their Companionfor this Purpofe, as is aforefaid.
C And a clofe Writ fhall be directed to the Juftices to admit the faid Juftice
W into their Society.
And the King may make Affociation in Juries as well as in Affifes, as alfo
in Attaints. And Jf the King make a Com mifflon to take an Attaint or other
Juiy, and an Affociation in the fame, and after one of the Juftices dieth, the
King may make ,a new Affociation in the.fame Writ, and fo he may make one
Affociation after another in the fame Writ, as appeareth by the Regifter; and
the Writ is fuch:
The King to his beloved, &c. I. of M. R. of M. and I. of F. greeting: Whereas
we lately appointed W. of 0. and you the aforefaid I. of M. and R. our fuflices,
to take the fury of twenty-four Knights which R. .hath arrainedbefore the afore-
jaid W. and you the aforefaid I. of M. and R. by our Writ againf P. to convia
the 7urors of an .4fife of Novel Dfein, which was fummoned between him the
faid P.and the afore/aidR. and taken by our Writ at H. before the aforefaid W.
and you the aforefaid R. of Tenements in S. in the County of N. and afterwards
your Writ we affociated unto you (the afrefaid 1. of M. and R.) you the aforefaid
I. of F. to take allf4ifes, 7uries, &c. arranedin the /aid Couty together:with
the faid W. andyou, with ;heaforefaidI. 4 M. and R. or -t1o of you, and that
Jury before the aforefaid W. .and you the Aid R. and I. by virtue of the Afocia-
ition aforefaid, until to the taking thereof, food by the Pleading, and the faid W.
.being now dead, we have conflituted in the Place of him the faid W. our beloved
,andfaithful B. to take that Jury together with you; W command you, that you
admit the aforefaid B. for this Purpofe in the Place of him the faid W. and pro-
ceed together with him to take that fury, accordingto the Law and Cufjom of our
Realm ; for we have commanded the aforefaid B. that he attend together with you
for this Purpofe, as is aforef4id.
And thereupon another Patent fhall be made to the faid B. of Afociation, Fiiby 21.4; 4
as before in other Cafes. 2. he isOffi-
D And an Affociation may be made unto the Sheriff upon a Writ of Rediffeifin Cerm Judgen
direaed to him, as well as it may be upon an Affife of Novel DijfeI'/i, as ap- in this Writ.
peareth by the Regifter; which Writ was awarded'by W. de Harlofjon.
A And although the Alflfie be difcontinued-for not coming of the Juffices, &c [ 88. 3
yet when the Re-attachment is fued, the Writs of Affociation and of Si non om- izH. 4 .ig,20.
nes ftand in Force; and a Re-attachment fhall or may be fued to revive,thofe .4
Allifes a (a) although there be feveral Adjournments of the Aflifes, yet the Af- Br. Aife386.
fociations and Writs of Si non omnes Ihall ferve for all the Affifes. 14 AfT i S.
Br. A. 196.
(a) See it accordingly adjudged, 12 HI 4. 20, 22. 14 or t +. be the AfociatiQn in general, or
the Allife taken by fpecial Adjournments.

xkk a Jo r it
 436
Writ of Rediffeifn.

T HE
NovelWrit of Rediffeifin
Difetifin, (a) lieth
Land, Rent where a Man doth recover, by Affife of B
or Common, and the like, and is put in
Poffeflion thereof by Verdi&, and afterwards he is diffeifed of the fame Land,
Rent or Common by him by whom he was diffeifed before; then he Ihall
have this Writ upon the Statute of Merton, c. 3. and the Form of the Writ is
fuch:
The King to the Sherif, &c. A. and B. his Wife, have jhewed unto us, that C
whereas R. formerly the Hufband of the faid B. and fhe the faid B. in our Court,
before our 7uffices laft itinerant, at N. in your County; or thus, before our beloved
and faithful H. and K. our 7ufices afigned to take the Alifes in the County afore-
frid at, &c. (or thus, if the Juftices were dead) before H. and his Companions
lately our 7uflices aligned to take the Afifes in the County aforefaid at N. recovered
their Serin againft S. of twenty Acres of Land and ten Shillings Rent with the Ap-
purtenances in K. by the Recognizance of an A/ife of Novel Diffei/in between them,
23 A. 7. &c. or thus, taken between the aforefaidA. B. and S. the aforefaidS. again hath
unjufily difeifed them the faid A. and B. of the Land and Rent aforefaid; or
thus, of one Acre of Land of the Land aforefaid ; And therefore we commandyou,
tha taking with you the Keepers (b) of the Pleas of our Crown and twelve, as
well Knights as otherfree and lawful Men of your County, as well of thofe who
were in the firfi 7ury, as of others, you go in your own Perfon to the aforefaid
Land and Tenement from whence the Rent iffueth, and by their Oath you dili-
gently make Inquifition thereof; and if you Jhallfind- that they the faid A. and B.
are again unjuffly deferied by the aforefaid S. of the faid Land and Rent, then
take him the laid S. and caufe him to be fafely kept in our Prifon, Jo that he be
in no wife delivered from that Prifon without our fpecial Command, and them the
faid A. and B. to be refeifed of the faid Land and Rent, and caufe double their
Damages which they have fuftained by reafon of that Redifetiin, to be taxed by
the Oath of the aforefaid twelve, and to be levied without Delay of the Goods and
Chattels of the aforefaid S. in your Bailiwick, and to be rendered to them the faid
A. and B. according to the Form of the Statute provided in Juch like Cafes of Re-
defetin. (c) And give Notice to the aforefaid S. and D. who now hold that
Land, that they may be prefent at the making that Inqueft, if to them it Jhall
feem expedient. Witnefs, &c.

(a) If he difirains for the Rent, he thall have feems, that if the Writ be arceda: ad nmvm u~i
a Rediffeifin on a Refcous made, without any Tenemen14 prrdiiaJunt, &e. it is erroneous,
other Seifin* 404. 23. H. 4. 6, 94. adjudged. But if the Rent ifies
(b) 23 A.f 7. If there be but one Coroner in out of more (many) Lands in divers Vills, it is
the County, he may make it, otherwife all muft fuficient to take the Rediffeifn in one Vill only,
join. zo H. 6. 17. And note; A Rediffeifin 40 z3. but the View ought to be made
taken before the Sheriff and one Coroner is not of all.
good. Alfo note this Clafe, afampis tecum, (c See 9 H. 4. 5. Nat; The Sheriff isjudge
&r. was omitted, and therefore the Writ abated, here, and therefore it feems the Array is not
26 Ed. 3. 57. and herein the Sheriff is Judge, ofbutall.
challengeable, the Panel is; and it fe3
I B. 4. 5. but if there are four Coroners, but that the Sheriff may receive Pleas herein, as a
one s dead, theSheriff ought to return thi. It Releafe, bt
KeVi. 40o25
u o
23. Ad
 Writ of Redeffeifn. 437
D And by that Writ appeareth, That a Man Ihall have a Rediffeifin againft
the Tenant, if he recover by Affife of Novel Difegin before Juftices in Eyre,
or before Juffices of Affife . (a) and fo if he recover in Affife of Novel Difeifin
in the King's Bench or Common Pleas, if he be rediffeifed, he fhall have that
Writ.
E If Hufband and Wife be diffeifed, and recover by Affife, and the Hufband
dieth, and the Wife taketh another Hufband, and they be diffeifed again, by I Ini. 154. b.
the Regifter they fhall have a Writ of Rediffeifin, although the Hufband were 9 H. 4. S.
not diffeifed before ; and the Writ willeth that the Sheriff inquire whether
they were diffeifed before, and fo the Hufband was not; but that is not ma-
terial, becaufe it is the Right (b) of the Wife, and fhe was diffeifed before.
But if the Wife lofe in the Affife of Novel Diffigfn, and afterwards take Huf-
band, and they redifTeife the Plaintiff, he fhall not have a Writ of Rediffeifin;
quod vide H-. 9 H 4.
F (c) And alfo a Rediffeifin lieth againft him who committed the Rediffeifin,
and againft another who was not Diffeifor, if he be Tenant of the Land.
G And alfo if a Man recover Land by Aflife of Novel D&j1fn, and after is
rediffeifed of Parcel of the fame, he fhall have a Writ of Rediffeifin.
H And in a Rediffeifin againft Hufband and Wife the Writ fhall be thus in
the End; And the fame A. double his Damages which he hathfjuained by reafon
of that Rediffei/in, to be levied of the Lands of them the faid B. and S. and of
the Chattels of him the faid B. in your Bailiwick+; becaufe the Wife hath not any
Chattel.
I And if the Sheriff will not execute the Writ of Rediffeifin, he fhall have
an Alias and a Pluries direfted to him, and if he then do it not, he fhall have
an Attachment againft him to the Coroners, &c. and upon the fame, Difirefs
infinite.
K And it appeareth in the Regifter, that a Man fhall have a Writ of AfMo-
ciation in a Rediffeifin; and the Writ is fuch:
OIhe King to the Sherif, &c. Know you, that whereas lately at the Profecution
of N. fuggefting to us, that he in our Court before, &c. at K. by our Writ reco-
vered his Seiin againfi S. &c. (reciting the whole Writ, until) if to him it /hall
feem expedient, we have afociated unto you our beloved and faithful R. to do and
ful61 the Premifes together with you; yet fo that if at a certain Day, which yoe
fhall appoint for this Purpofe, he the faid R. happens to be prefent, then you ad-
mit him your Companion for this Purpofe, otherwife (thePrefence of him the faid
R. not being expefled) you may proceed to do and fulfl the Premsjes: And there-
fore we command you, thatyou admit him the faid R. your Companionfor this Pur-
pofe, in Form aforefaid; for we have commanded him the faid R. that he attendt
with you to do andfulfl the Premifes as is aforefaid.

(a) See 26 Ed. 3, 57. A Writ of Rediffeifin
granted on a Recovery in B. R. fued in Chan-
cery, and held good by the Award of Court.
(b)See 9 H. 4. 5. And it feems one may
have a fpecial Writ fuppoling that the Wife dam
fla was rediffeifed; but not that the Hufband
and Wife rediffeifed, Ruere pof' 19 1. it feems
no Law; and that the Wife only iall be taken.
(4 If one recovers in an Atife and is redif-
feiffed by the Diffeifor, another Rediffeifin lies,
per fThirming, 9 H 4. 5. for Jointenancy is a,
good Plea in a Rediffeifin. 33 Ed. 3. Rediffifse
7. And note this Judgment in Rediffiifin, .ttwd
reaerstfnaxmfuan Raf. R.tr. 548k
438 Writ of Rediffeifin.
Antd by the Regifter, the Writ directed to the Sheriff fhall be clofe, as alfo
the other Writ direted unto him who is affociated to him, and yet the fame
is in its Nature a Patent.
And if a Man recover by Aflife of Novel Difeffin, Common of Pafture or L
other Profit apprender in the Soil of another, or any Office or Corrody ; if he
be rediffeifed, he fhall have a Rediffeifin; and the Writ Ihall be fuch:
t 189. The King to the Sherif, &c. A. hath fhewed unto us, that whereas he in our
Court before our beloved andfaithful W. and his Companions our Yufices aligned
to take the Affies, &c. at N. by our Writ recovered his Sei/in againft I. of Common
of Pafure in S. which belongs to his Freehold in the fame Town, by the Recogni-
zance of an A/fife of Novel Defetin there taken thereof between them, the afore-
faid I. hath again unjuftly difrfed the aforefaid A. of the Common of Pafure
aforefaid; And therefore, &c. you go to that Pafure, and by their Oath, &c.
(of reafonable Eftovers, thus) recovered his Sei/in againfl I. of his reafonableEfo-
vers to be taken in three hundredAcres of Wood with the Appurtenances in W.
which belong to his Freeholdin the fame Town, by Recognizance of Afjife, &c.
And if a Man recover by Aflife of Novel Defesfin any Land or Tenement A
before the Bailiffs of any Liberty, where they demand Conufance of Pleas
before Juftices of Affife, and the Juftices grant the fame, becaufe the Lands
are within that Liberty, and afterwards he be rediffeifed of the fame Land,
then he -fhall have a Writ of Redifleifin; and the Writ fhall be fuch:
The King to the Sheriff of Berks, greeting: A. hath /hewed unto us, that
whereas he lately arraigned a certainAfife of Novel Defeifin before our beloved
and faithful I. and his Companions, &c. afigned by our Writ againft P. of two
Feet of Land in Length and one Foot of Land in Breadth with the Appurtenances
in W. which faid Afife was returned by the fame 7ufices into the Court of the
Abbot of Reading, according to the Liberties granted to the fame Abbot by the
Charters of our Progenitors, formerly Kings of England, and our Confirmation
thereof, to be pleaded before the Bailff of the fame Abbot, and the fame A. re-
covered his Sejfin of the Land aforefaid again;f the faid E. in the fame Court, by
Recognizance of 'm 4fffe of Novel Defletin there taken between them, the afore-
jaid E. hath again deffeifed him the faid A. of the [aid, &c. (as in the firift Writ).
And alfo a Man fhall have a Rediffeifin upon a Recovery in Affife of Nu-
fance, Of a Pool unjufly levied, &c. or of a Water-courfe diverted, or of a Way
firaightened or obftrufled; and the Form of the Writ is fuch:
The King to the Sherif, &c. A. hath fhewed unto us, &c. (until) afigned, ar-
raigneda certain Afife againf B. by our Writ of a certain Pool unjuffly levied in
N. to the Nufance of his Freehold in K. and by the Recognizance of the fame Af-
fife thereof between them taken at E. before the fame 7uflices, that Pool levied by
the aforefaid B. was difallowed and to be thrown down ; the aforefaid B. hath
again unjuf/ly and without Judgment levied that Pool: And becaufe this is unjuflly
and manifefly againft our Peace, we command you, that taking with you, &c.
(until) you go to that Pool and Tenement, and by their Oath make Inquitition
thereof diligently, and if you fhall find by that Inqurfition, that he hath again un-
jujly levied the faid Pool, then take him the faid B. &c. (until) fpecial Command,
and caufe that Pool to be thrown down without Delay, and the fame A. to have
double his Damages which he hath fuftained by reafon of that Redflei/i, &c. ac-
cording to the Form of the Statute, &c. (as before).
And
 Writ of Pof-Difeifin 439
C And the like Writs are in the Regifter of Rediffeifin, for the Mifturning of Ant. 66.
a Mill, or of a Way, or of an Office, and the like.
And if the Sheriff do deliver any fuch, without the fpecial Command of the
King, who are convia of fuch Rediffeifins, he Ihall be grievoufly amerced,
and notwithftanding thofe who are fo .delivered, fhall be. alfo grievoufly
punilhed, &c. by the Statute of Marlebridge, cap. 8.
And by the Statute of Weftm. 2. cap. 26. he who recovereth in a Rediffei-
fin, fhall recover double Damages; and the Defendants fhall not be bailed by
a common Writ; and by the fame Statute is given a Writ of Pof-Defriin, in
which Writ he thall alfo recover double Damages againft the Defendant.
D And if a Man do recover by Rediffeifin, and afterwards is diffeifed again by
him by whom the firft Rediffeifin was before, he fhall have a new Rediffeifin;
and fo one Rediffeifin after another every Time he is rediffeifed.
E And a Rediffeifin fhall be maintainable againft any of the Diffiifors,
F And if a Man recover Land by Affife of Novel Diyffn, unto which a Com- xInt, r54, .
man is appendant, &c. and after he is diffeifed of the Common again, he fhall 8 Ed. 3.
have a Rediffeifin, &c. RediI* 6.
G And if a Man fue a Writ of Droit Clofe, and make Proteftation in the Na-
ture of Affife of Novel Difeifn, and recover in that Writ, and after he is re-
diffeifed, he fhall not have a Rediffeifin; for that Writ doth not lie upon an
Afife at the Common Law. M. 14 Ed 3. rina.554.a
H And if all the Jurors in the Affife be dead but one, and afterwards he who
recovered is rediffeifed, &c., it is a Queftion whether he fhall have a Rediffei-
fin, becaufe that the Statute is Per primos 7uratores & is, &c. which fee de- 7 Af.7.
bated in H. 8. 5. But it feemeth that the Statute makes the Law, and be- i WE, x54. a
caufe it is a penal Statute it thall be taken ftrialy , and therefore if all the
Jurors be dead but one, that he fhall not have a Rediffeifin,, becaufe he cannot
be tried by the former Jurors; for one Juror is not a fufficient Witnefs him-
felf, to fay that it is a Rediffeifin of the fame Tenements; and therefore it
feemeth there ought to be two Jurors to teftify the fame.
I And Tenant by Statute-merchant or Staple Ihall have an Alif& of Novel 8-H. g. r.
Deifn if he be oufted ; and alfo a Rediffeiin if he be rediffeiffed. per Pole contr.
HIankf. in,
And fo Tenant by Elegit fhall have an Affife of Novel Dsffin, and a Re- Error..
diffeifin if he be oufted, by the Statute of Wefsm. 2. c. I 8.

Writ of Poff-Diffeifr. o.]

A -HE Writ of Poff-Difeifin is given by the Statute of Wefsm. 2. C. 26. and
I1lieth where a Man recovereth Lands or Tenements by a Precipe quad
reddat, by Default or Reddition, and afterwards he is oufted again by him
againft whom he recovered, &c. Then he fhall have that Writ of Pof-Di f/in,
and fhall recover double Damages, and she Party Thall be punifhed as he fhall
be if he were attainted of Rediffeifin : But if he recover by Affife of Mort-
daunceftoror 7uris ulrum, or in thofe A~ions which pafs by Juries and Verdias,
then he fhall have his Writ founded upon the Statute of Merton,. c. 3. of Poft-
Dieil
 440 Writ of Pof-Dijfeifer.
Diffetin. And that Writ fhall be direted to the Sheriff as the Writ of Re.
diffeifin fhall be ; and if the Sheriff will not execute the Writ as he ought to
do, and as he is commanded, then he may fue forth an Alias and a Pluries,
vel caufam nobis fignifices, &c. And if that do not any Thing, nor he return
a Caufe, then the Party may fue an Attachment againft the Sheriff direaed to
the Coroners, &c. and upon that a Diftrefs; and the Form of the Writ of
Poji-Defeyiin is fuch:
The King to the Sheriff, &c. A. hathjhewed unto us, that whereas he, in our B
Court before our beloved and faithful W. and his Companions our fuffices of the
Bench at E. by our Writ recovered his Se/ifn again# I. of one Meffuage with the
Appurtenances in S. by the Con/ideration of the fame Court; he the faid I. hath
Jince unjufjly difeifed the aforefaid A. of the Land aforefaid ; and therefore we
command you, that taking with you, &c. (as in the Writ of Rediffeifin, &c.)
lawful Men of your County, you go, &c. (until) afterward unjufly differfed him
of the Land aforefaid, then him the faid I. &c. (until) which he hath Jfftained by
reafon of that Poji-Difetfin, &c. according to the Form of the Statute of Weft-
miniter provided touching fuch Poff-DifeTin ; and give Notice to the aforefaid
I. that, &c.
And in a Poft-Diffeifin the Writ thall not fay, ram de illis lui in primajura-
ta, but in Cafe where he recovereth by Recognizance of the Affife or Jury.
3 R. 2. Br.9. And if a Man recover Lands or Tenements in Value againft the Vouchee in C
a Precipe quod reddat by Default, and afterwards that he is put in Execution
by the Sheriff, the Vouchee do diffeife him of the fame Lands which he to
recovered in Value, he fhall have a Poft-Diffeifin of that Land fo recovered
in Value againft the Vouchee. And the Writ it fuch:
The King to the Sheriff, &c. C. hathjhewed unto us, That whereas B. Prior
f D. lately in our Court before our beloved and faithful R. F. and his Compa-
nions our Jufices of the Bench at Weftminfter, by Writ demanded againft the
aforefaid C. feven Acres of Meadow with the Appurtenances in I. and he the
fame C. vouched to warranty thereof in the Plea aforefaid R. of S. and by the
Default which he the fame R. afterwards made in the fame Court, it was con-
confidered, that the aforefaid Prior jhould recover his Seiyin againft the aforefaid
C. in the Plea aforefaid, that he the faid C. Jhould have of the Meadow of the
aforefaidR. of S. to the Value of the aforefaid feven Acres of Meadow, by Virtue
of which Confideration, feven dcres'of Meadow with the Appurtenances of the
Meadow of the aforefaid R. of S. in G. were afigned to the aforefaid C. by our
then Sheriff of Gloucefterfhire, by Virtue of our certain Writ of Judgment to
him in this Behalf diretted, the aforefaid R. of S. afterwards unjufly diffeifed the
aforefaid C. of the faid Meadow to him afigned, as is premifed; and therefore
we command you, that taking with you, &c. twelve as well Knights as other free
and lawful Men of your County, in your own Perfon you go to the afrefad
Meadow aligned to him the faid C. and by their Oath diligently caufe Inquifiion
to be made thereupon, and if you jhall find that he the faid C was afterwarts
unjufjily defeifed by the aforefaid R. of the faid Meadow afigned to the faid C.
then take him the [aid R. and caufe him to be kept fafe in our Prfon, fo that he
be in no wife delivered from that Prifon, without our fpecial Command, and cauje
him the faid C. to be refeifed of the aforefaid Meadow to him aligned, and double
his
 Writ of -Poft- D ifi.
tis Damages w)vich he hath fuilained by reafon of that Poff-Defeifin, by the Oath
of the aforefaid twelve to be taxed, and levied without Delay, of the Goods and
Chattels of the aforefaid R. in your Bailiwick, to be rendered to him the faid C.
accordingto the Form of the Statute provided in Cafe, of fuch -Poft-Dfe/in, and
give Notice to the aforefaid R. &c. Witnefs, &c.
D And if the Defendant make the Default at the Scire facias returned, then the :i H. 7. 8.
Sheriff fhall take the Inqueft by Default, and the Procefs againft the jury fhall
be by Precept from the Sheriff to his Bailiff, &e. to fummon twelve, &e.
E And if a Man recover in a Scire facias upon a Fine, or upon a Recovery
had before 'by Default of the Tenant, he fhall have a Poft-Diffeifin againft
the Tenant, if he be afterwards oufted of the fame Land; quad. vide M.
15 H.y.
F And if a Man be convidt before the Sheriff upon a Rediffeifin and Poft- a InIt. I4
Diffeifin, then he fhall not be delivered out ofPrifon without the King's fpe-
cial Command, and then he ought to fue a'Certiorarito remove the Record
into the King's Bench, and there to agree with the King for his Fine. And
thereupon he fhall have a Writ to the Sheriff to deliver him out of Prifon;
and the Form of the Writ to remdve the Record is fuch:
fhe King to the Sheriff, &c. On the Behalf of Henry of D. taken and detained
in our Prifon of Stafford for a certain Redtqefininade by him to Ifabel, who
was the Wife of Ric. of C. of a' Moiety of one Mefuage with the Appurtenances
in C. as it is/aid, whereof he was convided before you and the Keepers of the
Pleas of our Crown in your County, by an Inquefi made thereupon at C. by our
Writ, we are befought, that whereas he hath already made Satisfaion to her the
faid Ifabel for the Damages adjudged to her in this Behalf, and is ready to make
a Fine with as for that which to us belongs in this Behalf, according to the Form
of te Statute thereof provided by the Common qouncil of our Realm: We willing [ 191.
to provide for his Deivery, and that we may be able to do to him the faid H.
that which Ihall bejuff thereupon, willing to be certified upon'the Record and Pro-
efs of the Inqurition aforefaid; We codemand you, that if Yudgment be thereupon
given, you then fend the Record anid Procefs of the Inquiition aforefaid to us,
ivith all t1hings touching them, underyour Seal dflin&ly and openly, fo that, &c.
wherefoever, &c. that we may further do hereupon that which of Right, &c. to
be done, &c. Pitnefs, &c.
A And that Writ of Poft-Diffeifin ought to be brought by thofe who firft. re- 7 Ed. 3. z4.
covered, or by fome of them, and of the fame Land which was recovered, com
or of Part thereof, or againft thofe, or fonse of them againft whom the Re-
covery was.
But if a Man recover by a Precipe quad reddat, and after he is diffeifed by
him againft whom he recovered, and the Diffeifor doth make Feoffibent, and
taketh back an Eftate to him and another; he who firft recovered fhall have
a Poft-Diffeifin againft him and his Jointenant, as it feemeth, and he fhall be
pinithed by the Statute, if it be found againft him.
But if he who lofeth the Land by Default -or Reddition in a Precipe quod
reddat, do after diffeife him who recovered, and make a Feoffment in Fee
unto another, or for Life, it febenith he who recovered fhall have a Poft-Dif-
feifin againft him who diffeifed him again, although he be not Tenant of the
LII Land;
 441 Writ of Entry in the Nature of Aff, &c.
Land; for in a Writ of Poft-Diffeifin the Demandant lhall not have Judg-
ment to recover the Land, &c. but the Sheriff fhall put and reftore the Plain-
tiff to his Poffeffion, if he find the Diffeifin, &c. and thall take the Defendant
and keep him in Prifon until, &c.
And it feemeth, that Non-tenure is no Plea in a Writ of Poft-Diffeifin for R
the Defendant, but he ought for to anfwer the Diffeifin, &c. when he comes
in upon the Scire facias, &c. And if he make Default upon the Scire facias
returned, the Sheriff fhall take the Inquet: Tamen quare.

@;? 6 - Writ of Entry in the Nature of Affife, which is called,

Entry 55* Entrie in de Quibus.,
9 H. 5. 13. Writ of De quibus, which is brought in the Place of an Affife, is where C
If this Wri a Man is (a) diffeifed of any Lands, Tenements or Rents, whereof he
be brought
againft a Par- hath an Eftate in Fee, then he may fue that Writ, and the Writ is fuch-
fon, he Ihall fbe King to the Sherif, &c. Command A. that juffly, &c. he render to B. one
not have Aid Mefuage with the Appurtenances in D. which he claims to be his Right and Inhe-
of
the Patron ritance, of which the fame A. unjufily and without Judgment defeifed the aforefaid
and Ordinary' B. after the firfi Voyage of Lord Henry, King, into Gafcoigne, &c. as it is/aid.
And unlefs, &c.
And if a Man bring a Writ of Dirleifin made to his Anceffor, then the
Writ is of another Form, thus:
20 Ed. 2. Command A. that jufly, &c. he render to B. one Mefuage with the ppurle- l
3rief 851 . nances in D. which (b) he claims to be his Right and Inheritance, and of which
the fame A. unjufJly and without 7udgment defefed C. Father of the aforefaid B.
(or other Anceftor of the faid B.) whofe Heirhe is, after the fir Voyage of Lord
King Henry, &c. as it is faid; (or thus,, in the Per) which he claims, &c. and
into which, &c. but by C. who demifed that.MefJtage to him, who unjufjly defeifed
E. the Father of, &c. or the aforefaid B. &c. after the frft, &c..
And in the Per and Cui, thus:
Which he claims, &c. into which, &c. but by C. to whom D. demifed that
Mefuage, who thereof unjufily and without Judgment, &c. the aforefaidE. Father
of the aforefaidB. whofe Heir he is, or the aforefaid B. &c. after the frft, &c.
And in the Pofl,. thus (c):
Which he claims, &c. into which, &c. but after the Defeiin which D. unjufly,,
&c. made to E. Father (or other Anceffor) of the aforefaid B. whofe Heir he is,
or to the aforefaid B. after the firfi Voyage, &c. as it is faid, and whereof he
complains, &cc. and unlefs,. &c.
(a) See accordant 9 H. 5. 9. and that after a babet Ingrefm ifi per Cafodiam, and it was
Plea to the Writ he (hall plead over to the Dif- abated ; for by the Statute he might have an Af-
faifin. 8 R. 2. Brief 928. file, or a Writ of Entry fur Dretri. 4 Ed. 2.
(b) See before Writ of Entry, *viz. In quibus Brief 790.
son habet ingrefum per J. S. gui dimifit dam ba- (c) Note; This Writ in the PofI lies by the
buit Caflodiam ingr', s5 H. 3. Brief 878. or per Statute of Marlebridge, Chap. the latI; for be-
J. S. qui tenuit in J'illenage, 3 1 Ed. 3. Counter- fore that Statute he was put to his Writ of Right.
14a of Voucher azi. But fee a Writ taodso 19 I. 4. 39.
And
 Writ of Entry in 'the Nature ofAff, &c. 443
And it appeareth by thefe 'W'rits, that although he bring a Writ of a Dif-
Teifin ina8e to hirifelf, or of a Diffeifin made to his Anceftors, that in both
Cafes the Writ ihall be Vyod .clamat ejf jus & hereditatemfuam.
E And if Tenant for Life, or Tenant in Tail be diffeifed, they may fue a
Writ of Diffeifin De quibus,'&c. but in that Writ it fhall not be faid, which he 2oAM z.
laims to be his Right and his Inheritance, and in his Count he fhall fet forth
thp efpecial Eftate, &c. (a).
F And an Abbot, or Prior, or Mafter of an Hofpital, or a Bilhop, lhall have
a Writ De quibus upon a Diffeifin of their Predeceffors of Lands, Tenements,
or Rent ; and the Writ fhall be fuch:
Command A. that fifly, &. he rinder to the Priorof N. one Meflaage with
the Appurtenances, which, he claims -to be. the Right of the Church of him the
faid Priorof Saint Mary of N. &c. and ikto which the aoe A. hath not Entry
but after the Diffeiin, which L. unjufjly and without d t hereof, mide to
R. fome -time Priorof N. Predecefor of the aforefaid Pr , fter the fir, &c.
as it is faid, whereof he complains, &c.
And if it be a Reit thus:
The Kitg to the Sheriff, &c. Cowmand I. M. that jiefly, &c. he render to the
Prior of C. (b) three Shillings Rent, with the Appurtenances in D. which he
caims to be the Right of the Church of him- the faid Prior of St. Nicolas of C<
and of which W. D. ujufly and without 7udgment, 'djeied W. Jose time
Prior of C. aforefaid, &c. I
G And the Aunt and the Niece fhall join in the Writ, upon a Diffeifin made
to the Father of the one, the Grandfather of the other.
H And a Writ of Entrie fur Difeifin made unto his Anceftors of a Stream 13 Ed. E.
lieth, and the Writ fhall be, Precipe quad.reddat unum gurgitem, and in his Entry 57.
Count he fhall alledge the Efplees in taking of Fillies.
J And fo he fhall have a Writ of Entrie in de quibus upon the Diffeifin of a
Paffage;, quod Vi. H. 8 Ed. 3.
K (c) And if the Diffeifbr infeoff the King, who infeoffeth another in Fee, 22 Ed. 3.
the Diffeifee fhalf have a Writ of 9uibus .upon the Diffeifin againft the King'S Entry i i.
Feoffee in the Pojf, &c. 12 Ed. 3. 7.

A And if Tenant in Tail bring a Writ of Xuibus upon a Diffeifin made to 2 3 Ed 3. Fitz.
himfelf, he may count that he was feifed in his Demefhe as of Freehold, [ 192.]
without thewing any particular Eftate, or how the Eftate began, or he may 1Ma. Dyer
count upon the fpecial Matter, and thew the Gift in Tail ; gaod Vi. P. 'o i

33 H. 6.
B (d) And a Man may have a Writ of Entrie of Qsibus, upon a Diffeifin of
a Common, hat he render, &c. Paurefor ten Sheep, &c. which fee Eafter
4Ed. 3.

(a) Note; The Writ, and alfo the Count thall
be fpecial; 'viz. that .4. gave to B. for Life, Re-
mainder to C. in Tail, whofe Coulin and Heir
D. aforefaid is; but he need not Ihew how Conlin
and Heir, in the Count, 21 H.,6. z6. and fee
there, that the Writ Ihall be de libero fe'sements,
though the Count be. of an Eitate-tail, or for
Life. Dyer act.
Z) 2rafaid', &e. It may be 9,wdcka4
&e. as agreeing with Reddif, or RU0dar/ a4
and lb refer tofJoidw. See 18 Ed. z. Brief8 3 3 .
(c) But though the King outs 7. S without
Caufe, and grants to B. Y. S. flial not have a
Writ of Entry.
(d) -Fi. As Pernor, but not as Tenant of the
'Boil; but in that Cafe is put to is Qwd permit-
44 4 Ed. 2. BriBf791,8793
( Bu t the K s w
 444 Writ of Entry in the Nature of Afife, &c.
14 H. 4. to. (a) And a Man fhall not have a Writ of Entrie in the PoJI, where he C
Hankf. 0 may have it within the Degrees, in the Per, or in the Per and Ci. See
Yet no Pra-Wf. I. cap.40.
cipe will lieof If a Man diffeife the Father of a Marlh, and maketh the fame Meadow, D
a Marth be- and the Father dieth, the Son and Heir fhall have a Writ of De quibus upon
caufe properly a Diffeifin made to his Father of that Meadow, and by the Writ
it cannot be demand the Lands, by the Name of a Meadow,
be fhall
rendred. and not by the Name of
13 Ed. 3 . Marfh (b).
Br. demand. And fo if it be Land covered with Water, and he is diffeifed thereof, and
23. 39 H. 6. the Diffeifor make it Meadow, the Diffeifee ihall have a Writ of Quibus, and

. H by this Writ demand the Meadow, and fuppofe that he was diffeifed of
he ffiall have Meadow by the Writ, &c. (c)
Precipe by the And fo if a Man be diffeifed of Land, and he build a Houfe upon the
Name of a fame, he fhall fuppofe the Diffeifin to be of a Houfe, &c. Qua*re of this (d).
And the Writ of Quibus upon Diffeifin of an Office is fuch:
'The King to the Sheriff; &c. Command H. Abbot -of Peterborough thatjuily, E
&c. he render to B. the Office of Serjeant in the Abby of Peterborough, and the
Rent of twenty-four Loaves of Bread, forty Fl4ggons of Ale, and fix Mefes of
Meat with the Appurtenances, in the City of Peterborough, which he claims to
be his Right and Inheritance, and of which the fame Abbot unjufly and without
7udgment hath difefted him, &c.
And he who cometh in unto any Land by (e) Recovery, or by Eledion, F
or by Succefflon, or by Difleifin, the Writ fhall be brought againft fuch Per-
fon always in the Pof.

(a) One may falfify the Degrees by Plea after I H. 5. IT. 4 Co. 87. Dyer 47. i4f. is.
a Prece partim. 14 H 4- 39. F. Brief 248. See Pafch. 33 Eliz. Rot. i 308. Hayes and Allen;s
b) 33 Ed. 3. Entry 40. 4 Ed- 3- 47. 4 .Ed. the Hulband aliens the Wife's Houfe, the Wife
3. Frofments 79. 39 H.6. 8. F. Entry 8. abates the Houfe and builds a new one, whereof
(c) See Trim. 3 74c. i. B. R. Rot. t o. the fide Walls Itand on the Tenant's Land; yet
(d) In Dower the Demand was of the third the Wife, thall have a Cui in vuta of the Houle,
Part of two Mills, the Tenant pleads, that at becafe it is a Houfe at the Time of the Demand;
the Day of the Writ purchafed, they were two yet the thall not recover the whole Houle. 33
Tofts, and he was put to fay, andyet are; tho' Ed- 3. Entry - 4 Ed. 3. Fofments 79,
the Plaintiff had only faid they are two Mills, (e)' See where a Recovery makes a Degree.
and did not fay that they were the Day of the 5Ed.z. Entry66. 7 Ed 3. 62-. Caiin vita1s.
Writ purchaed; for it is fufficient for him if See at Ed. 3. Extry 56. where a Recovery
they were Mills at the Time of the Demand, againR the Party hall not remit to the Degrea.
and fi in an Allife; ceasra in a Prifje. See
 lrit of Dum fuit infra Itatern

G Writ of Dum fit infra Attatem lieth, where an Infant maketh a Feoff-
ment in Fee of his Lands,. or for Life, or a Gift in Tail, when he
cometh of full Age, he may have that Writ to recov er thofe Lands or Tene-
ments which were fo aliened by him, &e. And within Age he may enter into
the Land, and take it back again, and by his Entry he fhall be remitted to 39-F. 6.42.
his Anceftor's Right , but yet he $hall not maintain that Writ until he be of In 46 Ed. 3.
full Age of twenty-one Years, for the Words of the Writ do fo fuppofe, 34. ADam
While he was under Age, by which it appeareth that he is not within Age at tern was ad-
the Time of the Writ,, &c., and alfo the Writ is fuch; Who is of full Age, as mitted of a
H he faith, by which it. appeareth. thethat 'he ought to be of full Age (a), whei, Rent,, and yet
that he bringeth that Writ ;, and Writ is fuch:: by fome the
Kingreto the Sherif, &c. Command A.. that, &c. he render to.B. who i of t is voi
full Age,. as he faith, two Me~fages,. &c. which the fame B., while he was under very of the
Age demifed to him, as he faith and unles he will do it, &c. (And fo in the Deed isnot
Per) Into which the fame A. bath not Entry hut by C. to whom the afirefaidB, void.
demifed them. (Anid in the Pof, thus) Into which,. &c. but after the .Demife o. zoz.
which the aforefaid B. while he was under Age thereof mad to W. as it is faid,
and whereof he complains, and unlefs, &c. But that Claufe, Who is of full Age,.
Jhall not be put in the Writs of Per, Ci or Poft, but only in the i1f Writ,
by Grant. made by the Demandant to the Tenant.
And if a Man bring this Writ upon the Alienation of his Anceffors,- then
this Claufe, Who is of full.Age, fhall not be" in the Writ, and yet the Infant
fhall have a Dum fuit infraAtatem of a Seifin, and Alienation of his Anceftor
during his Nonage; -and the Writ fhallbe fuch:-
Command A. that, &c. he render to B. one Mefuage woith the' ppiArtnance,.
&c. which he claims to be his Right, &c. and into which the fame A. hath not
Entry but by. C. the Father (4r other Anceftor of the faid B.) whofe Heir he is,
who demisfed it to him while he was under Age; or thus; which he claims, &c.
and into which, &c. bur by C. to whom' D. Grandmother of the aforefaiid 'B.
whofe Heir'he is, while' the fameD. was uinder Age, &c. (And in the Poft)
which be claims, &c. and into which; &c. after the Demife which D. the Aunt
or Cou/ir of the, aforefaid' B. whofe Heir he is, while Jhe the fame D. was under
ge, thereof made to H. as it is faid, and whereof he' complains, &c..
g (b). And if two Infants be. Jointenants, and they alien the Land duiing their 34 - 6- 3 -
Nonage,, at their full. Age they ought not to fue forth feveral.Writs of Dun Davers
Ac decui ias
See 13, Ed; 3. Dam fairiifra 3. Where the Age in certain a, to the 1%mlier of Years, vita.
a Dumfuit infra eiatem was brought of Tene- fo that the Party might have joined Iffue thereon,
mentsr int Glowefler, and the Defendant pleads judgment was given for the Demandant.
that when one knew how to count twelve Pence, (b) See 18 Ed. 2. Brief 83 x. and if the Writ
or to meafure an Ell of Cloth, he might alien by fuppoles an Entry into the Moiety by his De-
the Cuitom of the. Vill; and that the Plain'iff riiife,- where it :war. into the Whole, both the
was of fuch an Age when he leafed, that he one Writ and the other is falfe. N. Br. 128,
knew how,, 1c. and becaufe ho did not fot forth si.
fuit
 446 Writ of Cui in vita.l
fuit infra .Atatem, becaufe their Nonage is the Caufe of the A&ion which is
feveral, for the Nonage of the one is not the Nonage of the other, nor the
Alienation of the one, the Alienation of the other.
See T4 Ed. 3. And if the Hufband and Wife alien the Wife's Lands during the Nonage L
Brief Zs. of the Hufband and Wife, the Wife at her full Age, after the Death of the
Hufband, thall have Dum fuit infra Aitatem for fuch Alienation. M. 14
14 Ed. 3. ibid. But if the Hufband were df full Age, and the Wife within Age, and they
Ed. 3*
both alien the Wife's Lands, and then the Hufband dieth, it is a Queftion,
whether the Wife fhall have a Dun; fuit infraAltatem (a), and I conceive that
fhe fhall have a Dun fuit infra AEatem, or a Cui in vita, as the pleafeth, for
when they join in a Feoffment of the Land, it fhall be faid the Feoffment of
the Wife, until the difagree; for if the Hufband and Wife make a Gift in
Tail, or a Leafe for Life of the Wife's Lands rendring Rent, if the Hufband
dieth, the Reverfion is only in the Wife, and the may accept the Rent, and
the fame fhall bind her and her Heirs ; and then if the will not accept the
Rent, but, becaufe the was within Age at the Time of the Feoffment, the
will bring a Dum fuit infra Atatem, it feemeth the fhall not be received fo
to do ; for by that Suit the affirmeth that the made the Feoffment, and then
[ 193.] the it thall not be faid the Feoffment of the Hufband only, but the Feoffment of
Wife alone after the Death of the Hufband, if the affirm that to be her
Feoffment; and by the Dum fait infra Atatem the doth affirm the fame, and
that the made the Feoffment during the Coverture; and on the other Side it
may be faid, that the doth not affirm the fame to be a lawful Feoffment made
by her. And alfo by the Feoffment of the Hufband the Entry of the Wife
Thall be taken away; but by the Feoffment of the Wife during her Nonage,
his Entry thall not be taken.away ; and therefore quare the Law, &c.

* This Writ * it of Cui in Vita.

is now out of
Ufe, becaufe
by Stat. 3 2 H. TH E Writ of Cui in vita lieth, where the Hufband doth
8. the Aliena-Right of Inheritance of his Wife, or the Freehold of his alien
I Wife
in Fee the A
tion of the Rgto neiac fhsWfo h reodo i iebby Feoff-
ef.
Hufband does ment, or Grant for Life, or in Tail: Then, after the Death of the Hufband,
not toll the the Wife fhall have Cui in vita contradicere non potuit: And the Writ lieth,
Entry of the where the Wife hath an Eftate for Life, or in Tail, and the Hufband alieneth
Wife. that Eftate and Title of the Wife's, then the Wife after his Death thall have
that Writ.
3 9 H. 6. 38. (b) And if the Wife do not bring the Writ during her Life, then if the
Prif. contr. had an Eftate in Fee-fimple, her Heir fhall have a Writ which is called Sur
Vide 6 H 7- cui in vita after her Death. And if the Wife have an
Eftate in Tail, and
8 her Hufband alien, and make a Feoffnent of that Eftate; then if the Wife
dieth, her Heir thall have a Writ of Farmedon in the Defcender to recover

(a) 14 Ed. 3. Ad 27 . 21 H. 6. 24. 22 I. 6. 24. 7 Ed. 4 . 7. atra, (b) 4 Eliz. z 4 6.b.

46 Ed. j. Cai ix 'ita z3 4 6 Ed. 3. .4 e 76.
that
 Writ of Cui in vita. 447
that Eftate, and not a Writ of Sur cui in Vita ',for thofe Writs of Cui in vita,
and Sur cui in vita, are Writs founded upon the Common Law, and of an
Eftate in Fee-fimple ; for there was not other Eftate at the Common Law
which would defcend, but a Fee-fimple: For-if .the Lord by the Common
Law giveth Lands to hold of him, if the Tenant dieth without Heir, he fhall
have a Writ of Efcheat.
. (a) And. fo by the Common Law, if a Man gives Lands to. one and the
Heirs of his Body, &c. if he dieth without Heirs of his Body, the Lord by
the Common ILaw thall have a Formedo'n in the Reverfion of that Eftete for
want of Iffue of him to whom the Gift was made; but yet the Donor fhall
have an Eftate in Fee-fimple, as I think, and that appeareh by the Statute,
-which faith, De tenement' que multoties dantur/ub conditione;. by which Words A Feme fo1o.
it appeareth, that the Gift had a Condition implied. therein; fo that it fhall made a Deet
revert for want of fach. fibe, and by reafon of the Tenure referved, &c. but f Feofrment,
it doth not appear by the Statute that he fhall have an Eftate.tail of other tr awoytief
Nature than the Eftate which was by the Common Law ; and the Form of Seifin of the
the Writ.of Cui in vita is fuch: Land; after
The took Huf&
band, who delivered- the Land to. the Party to whom the Deed was made ; the Fetne may have a Cai in vita;- be
caufe fhe did adt execute the Feoffment by Delivery of the Land. ; 4 Ed. z. Fits. Cui in vita .
Pl0. CoMn 29 & 39. i.Ed. 4. 3.

C Vie King to the Sher#y &c. Command'A. thatjafty,.&c. he render to B. who N. Br. 13I .
was the Wfe of D. one Mefuage with the Appartenanes in N. which (b) fke
claims.to be her Right and Inheritance, and that the fame A. bath nt Entry but
by the aforefaid D. fome time the -Hujband of her the faid B. who demifed it to
him, whom the in her Life-time could not contradiR, as Jhe faith.
D And if fherhold in Frank-marriage, and the Hufband alien, then the Writ
thall be, Which jhe claims to be her Right and Mirriage, and into which the
fame A. &c. but by. C. to whom the aforefaid D. feits time -the HJband of her
the faid B. demifed it,. &c.
E And this Writ of Cui in vita may be in the Per, Cui and Po0, and in the
Poft the Wrie'.fhall be,
And into which, the fame A. hath not -Entry'but after the Demife which-tk
aforefaid D. fome time the Hufband of her the fdid B. (c) .(whom /hein her Life-
time could not contradig) thereof made, as it is faid, and wheref ihe complains,
&c. and.senlefs, &c. or. thus, which Jhe claims to be her Right, of the Gift of S.
who infeofted her thefaid B. thereof, and into which, &c,

(a 4 Elix. 246. 46 Ed. 3. .d djd 76.
(b) Note; If the Feme was in of a Feefimple
by Purchafe, then the Writ Thall be Oyoddamwt
e 7us faum ;- or Yvod clamiat e Ys fum de
Done: And ote ; 7 iJis always intended a Fee-
fimple; yet it feems that in the Cafe of Par-
chafe, Zuod icmat efe jas & hareditatem, is
not abateable, though properly Hereditail-is in-
tended by Difcent, and not by Purchafe in this
Writ. 7 H. + 5. SoH. 6. 38. Zanddamatee
7Us & FAreditateui liaV, thiougli it was by Pur-
chafe. io H. 6. 9.
(c) Note; If the Writ be in, the Degrees the
Words Cai in via, &c. are put in the Ehd ;
but if in the Poll, in the Middle; and therefore
if the Writ be, Poi dimsforemywam, Mr. wir
apfus B inde ferit ca.ifpfa, &,c. the Writ thall
abatop; for the Words ylate to the next Antece-
dent. 16 Ed. 3. Brief65z.
And'
 448 Writ of Cui in vita.
it Aff. it: And if the Hufband and Wife purchafe jointly, and the Hufband alieneth F
Br. Aff 67- all in Fee and dieth, the Wife fhall have a Writ in this Form (a):
16H. 7 - 8,9.
4 Ed.3. 8. Which Jhe claims to be her Right of the Gift of I. who thereof infeoffed her
39 H. 6, 38, the faid B. and the aforeFaidC. fome time her Hujband, and into which, &c.
&c. And if fhe have an Eftate to her and the Heirs of (b) her Body, and of the G
Body of her Hufband begotten, then the Writ is; Which fe claims to hold to
her and the Heirs of her Body, and of the Body of the aforefaid D. fome time her
Note; The Hufband, affuing, of the Demife of I. Or thus, Which fe elaims to be herRight
Statute of of the Demife which I. thereof made to the fame B. and the aforefaid D. Jome time
Weft. z. C.3. her Huf'and, and to the Heirs of her the faid B. And there the Hufband
extends to give thall
this Account, have a joint Eftate with the Wife for the Term of her Life.
as well for Re-And if the Wife claim the Lands in Dower, then the Writ fhall be: H
covery before Which fhe claims to be her Dower (c) of the Gift of D. her frj Hufiand, or
theaSttut* fecond Hulband,- and into which, &c. but by the faid C. the fecond Hufband of
a Ed. 2. Cal her the faid B. or the third Hulband, &c. who demifed it to him, &c.
in vita 2z. And if the hold for Term of Life of Dimiffion, then the Writ fhall be,
Which he claims to hold for her Life of the Demife which I. thereof made to
the fame B. and to the aforefaid D. fome time her Husband, for the Life of them
4 Ed. . Cui the faid B. and D.
in az . And if the Hufband and Wife lofe by Default the Wife's Lands, after the I
soH. 6. as. Death of the Hufband (he fhall have a Cui in vita for to recover thofe Lands
it Ed. 3. fo loft by Default; but if a Man recover by a Cefavit Lands of the Wife by
Brief 47eae Default of the Hufband and the Wife upon a Cefer, during the Marriage had
of Weft. betwixt them; if the Hufband dieth, the Wife fhall not have a Cui in vita
9 Ed. 4. s6. ppon that Recovery i quad vide T'rin. 4 Ed. 2.
is Ed. 3. 9. If the Hufband and Wife, and a third Perfon purchafe jointly, and the K
36 Ed. 3.. Cui Hufband alieneth all in Fee and dieth, the Wife, as it feemeth, fhall have a
in vita z. Cui in (d) vita of a Moiety, being the third Jointenant; but it feemeth fuch
Alienation is a Severance of the Jointure, quod vide Paf x6 Ed- 3. Gui in vita

fa) If the Writ fuppoe Ex Done A. and B. it
is a good Plea, that A. did not give. 4 .Ed.2.
Brief 795.
(b) 4 8Ed. 3 .8. x6H.7* 8- 4 Ed.z. Brief
795. contr. 22 Ed. 45. And Note; The Writ
4ball be in the fame Form, tho' he be Tenant
after Poflibility, and not gued lamattswere for
his Life, de Dono, &c. 18 Ed. 3. 27.
(c) Ex Dinif9ione I. qui inde froffait pred'
B. is good. 18 H. 6. 24-
(d) Rex precipe, &r. Iue clamat tenere ad
'vitam uam ex dimifelone quam I. S. fecit sidem
H. the Demandant, & prediao B. her ufband,
and C. Filie predider' H. and B. & haredib' de
corpore ipf/is B. &c. in guam non habet Ingrefmx,
fi non per prediff B. gIaondam virum ipfias H. g4i
illam ei dimiit Cai ip/iam, &c. and held, i.
That he need not alledge the Efplces but in
Perfon of the Demandant, and not in C. who
does mot claim from him. z. It need not thew
that C is dead, but it thall come in by the
Shewing of the Tenant; whereupon Trewin faid,
C. is in Life, and demanded Judgment of the
Writ; but it feems to be only to the Ailion,
and that only as to a Moikety, per Shard. For
of a Moiety, it is a Diffeifin to C. but this feems
to be doubted; for by Shard, it has been feen,
that the Feme And C. have joined in an Affife.
ii Ed. 3. Cai in vita 9. See 36 H. 6. Entry
epngeable 54. 36 Ed- 3. CUi in -Vita zo. where
it is faid, that the Feme (hall not have a Cui ii
-vita living C. becaufe they may join in a Writ
of Right; but per Moret, the (hall have a Cai in
-vita of the Whole, and fee 355Af 13. If the
Strapger furvives, he may enter into the Whole,

in
 Writ of Cui in vita. 449
L in the Abridgment: And if the Hufband alien the Corody in Fee, which the
Wife hath, it ihall not be any Difcontinuance, but the Wife may demand her
Corody.
A . If the Hufband and Wife exchange the Land of the Wife for other Lands) [ 194.
if the Wife agree unto the Exchange, after the Hufband's Death the fhall not 9 Ed- 4. 16.
B have a Cui in vita. And if the Wife do accept of the Parcel of the Land in If the Hurf
Dower, of which the hath a Cui in vita, by that Acceptance fhall be barredband
fhe nDe
in her Cui in vita of the Refidue. in Waite, no
Cui in vita;
the Reafon is, becaufe no Land is in Demand in, &c. Wri% 36 Ed. 3. She 1hall have a Cai in vita of no Part
during the other's Life. 36 Ed. 3. She thall have a Cui in vita, that is, of a Purchafe during the Coverture,
that he thall not have a Cui-in vita after the Death of the others; but for, &c. he may. so Ed. 4. 2.
2 Ed. z. Cai in vita 19. 8 Ed. 2. ibid. 25.
8 Ed. 2. Cui in vita z8. The Hulband gave the Land of the Wife to 1. who gave other Land to the Hulband
and Wife, and to the Son of the Hufband, and to the Heirs of him who furvived, and that was pleaded by Ex-
ichange in Bar, in a Cai in vita; and holden in Bar. zo Ed. 3. Cai in vita i o.
So if ihe accept a Rent where the and her Hufband make a Feoffinent. 21 H. 6. 24.
2 Ed. 2. Cai in vita 117. 8 Ed. 2. 28. Perk. 58* 4 Co. 5 . b. 8 Ed. g. 12. io Ed. 3 . Cui, &c. 3s.

If Hufband and Wife be Jointenants before the Coverture, and the Huf- 19 ff.6.4 4
band alieneth all the Land, and dieth, fhe fhall not have a Cai in vita but for 21 Ed. 2. 9.
a Moiety. But if they be Joint Purchafors during the Coverture, and he 17 Aff. s io.
alien all the Land, and dieth, his Wife fhall have a Cui in vita of the whole 1Ed. .conmt
where Accep--
Land, becaufe that during the Coverture as to Purchafe, they are but one tance ismade,
Perfon in Law. And the Writ of Sur cui in vita lieth for the Heir of the for fhe is e-
Wife, where the Hufband alieneth all the Land in Fee; and the Writ is mitted.
fuch:
Command A. that, &c. he render to B. one,*Meage with the Appurtenances in
N. which he claims to be his Right and Inheritance, and into which, &c. but by
C C. /ome time the Huiandof D. Mother of the aforefaid B. whofe Heir he is, who
demifed it to him, whom /be the faid D. in her LDfe-time could not contradia, as
he faith; and unlefs, &c.
And in the Per and Cui, thus:
Which he claims, &c. and into which, &c. but by C. to whom D. fome time
the Hufband of E. Aunt, Siffer or Coufin of the aforefaid P. whofe Heir he is,
&c. demfed it to him, whom/he the faid D. in her Lfe-time, &c.
And in thq Poft the Writ Ihall be thus:
Rut'after the Demife which I. fbee time the Hufiand of C. Mother of the afore-
faidB. andAnt .of the aforefaid M. whofe Heir he is, whom the faid C. in her
Life-time could not contradifi, thereof made, as he faith, and whereof he cow-
plains, &c. and unlefs, &c.
D. And by that Writ appeareth, that the Aunt and the Niece may join in a
Writ of Sur cai in vita, upon an Alienation made by the Hufb.and, their
common Anceftor ; or upon a Recovery had againft the Hufband and Wife,
who was the common Anceftar to them, if the fecond Hufband alien the
Lands of the Wife, and he and his Wife die, the Iffue of the Wife and the
firft Hufband thall have a Sur cui in vita againft the Alience although the
fecond Hufband be living, if he were not intitled to be Tenant by the Cur-
Mmm tefy;
 450 Writ de fine affenfu Capituli.
tefy; but if the fecond Hufband be intitled to be Tenant by the Curtefy,
then the Iffue of the firft Hufband fhall not have a Sur cui in vita during the E
Life of the fecond Hufband.
8 'd. 2. And a Stir cui in Vita was maintainable of a Rent, M. 12 Ed. 3. And in 4 F
Cuin vita z6. Cui *nvita the Grant or Gift alledged in the Writ is not traverfable. G
44 E . if a Man giveth Lands to a Woman to marry her, and they marry, and H
Fitz ib. 30. aftcrvards the Hufband alicneth the Lands,
SEd. 3.~gvn and dieth, the Wife fhall have a
b ~ b
Cuin vjta 3 Gi in '!a of thofe Lands given her by her Hufband.
9gFd 3 20.
Qse. But 5o Ed. 3, 6. M. 5 Ed. 2. Cui in vita z.

Writ de fine affenfu Capituli.

where a Dean, Bifhop, Prebendary, I

T HEAbbot, of Sine
WritPrior, of anlieth,
MafterCapit'
orafenfu Hofpital, alien the Lands which they
have in the Right of their Houfe, Abbey or Priory, without the Aflent of
their Convent, or their Chapter or Brethren, &c. He who is the Succeffor
fihall have that Writ, which is fLich, and may be in the Per, Cui or Poft:
The King to the Sherif, &c. Command A. that, &c. he render to B. Bibop of K
S. one MefJtage with the Appurtenances in N. which he claims to be the Right of
the Church of him the faid Bi/hop of Saint Mary of S. and into which the faid A.
hath not Entry but by H. to whom R. fome time Bijhop of S. the Predecefor of
the aforefaid now Bijhop demifed it, without the Afent and Will of his Chapter,
as he faith, &c.
And for a Mafter of an Hofpital the Writ fhall be,
The King to the Sheriff &c. Command A. thatjuftly, &c. he render to B.
Warden of the Hofpital of Saint Mary Magdalen of Lincoln, one Mefuage, &c.
which he claims to be the Right of his Hofpital aforefaid, and into which the faid
A. hath not Entry but by D. fome time Warden of the Hofpital aforefaid, who
demifed it to him without the Afent and Will of the Brethren and Sifters of the
fame Hofpital, as he faith ; and unlefs, &c.
And for a Prebend the Form of the Writ is fuch:
The King to the Sherff, &c. Command A. that, &c. he render to B. Preben-
dary of the Prebend of D. in the Church of the blefed Peter of Yqrk, one Mef-
fuage, &c. in A. which he claims,to be the Right of his Prebend, and into which,
&c. but after the Deaife which R. of B. lately Prebendary of the Prebend afore-
faid, Predecefor of the faid Prebendary, without the Licence and Will of the
Archbifop of York and the Dean and Chapter of the Church aforefaid, thereof
made to W. of R. as he faith, and whereof he complains, &c.
And for the Prior of Saint 7ohn of 7erufalem in England lieth a Writ upon
an Alienation of his Predeceffor, thus:
That he render to B. Pri'or of the Hofpital of Saint John of Jerufalem in Eng-
land, &c. which he claims to be the Right of his Church of Saint John of Jeru-
falem in England, and into which he hath not Entry but by W. fome time Prior
of Saint John, &c. Predecefor of the aforefaid now Prior, who demifed it without
the Afent of the Chapter, as he faith and unle/s, &c.
And
 Writ of Ab7fie of Mortdauncefor. 45
And the Procefs in thefe Writs are Summons, Grand Cape and Petit Cape. z H. 6. 9.
L (a) And hereby it appeareth, that a Prebendary fhall have a Writ de ine
afawfu Capitali; by which it feemeth that he hath a Fee-fimple in the Pre-
bend; and yet one Prebendary may enter upon the Alienation of his Prede-
ceffor.
And alfo a Prebendary fball have a 7uris utrum upon an Alienation of his [ 195. 1
Predeceffor, by which it feemeth he hath not a greater Eftate than as Parfon:
But yet it feems (b) reafonable that he have this Writ de fine a nfJu Capituli
becaufe that he, the Bifhop, and the Chapter are but one Body, and are as
one Body, although the Poffeflons be fevered and divided among them; 'and
every one of them is enabled to bring an A6tion of his own Poffeffion in his
own Name.
A And a Man may have a Writ of fine afenfu Capituli againft the fame Per-
fon by feveral Prcipes in the Writ of Lands in feveral Towns, and upon De-
mifes of his feveral Predeceffors, and it fhall be good; quod vide H. 33 Ed. 3-
B And if the Prebendary, or a Bifhop, or Abbot be diffeifed, and afterwards
he releafeth to the Diffeifor; it feemeth the fame is an Alienation upon which
he may have a Writ deine afenfu Capituli; for if the Diffeifor die feifed after
the Releafe made, the Succeffor hath not any Remedy but by this Writ, or
by a Writ of Right ; but if the Diffeifor doth not die feifed, then it feemeth
the Succeffor may enter upon the Diffeifor, notwithftanding the Releafe of his
Predeceffor, for by the Releafe no more pafTeth than he may rightfully re-
leafe, &c.

Writ of a4ff of Mortdaunceflor.

CHE Writ of Mortdaunceftor lieth, where my Father or Mother, Brother
or Sifter, (c) Uncle or Aunt, or Nephew or Niece, dieth feifed of any
Lands, Tenements or Rents, or of a Corody or other Rents, as Hens or Ca-
pons, iffuing out of other Lands of an Eftate in Fee-fimple: Now if a Stran-
ger after their Deaths abate in that Land, Rent or Profit, I who am his Heir
thall have this Writ of Aflife of Mortdaunceftor.
D" And if the Anceftor were feifed, the Day that he. died, of any Lands or
Rents, or other like Things, of an Eftate in Fee-fimple, although that a Stran-
ger entereth and diffeifeth him of that Land or Rents the Day that he dieth,
fo that he.dieth not feifed of the faid Land or Rents, &c. yet I who am his
Heir thall have that Affife of Mortdaunceftor, becaufe the Writ doth not fup-
pofe that my Anceffor died feifed; but the Writ faith, Ready to take Cognfance
upon Oath, whether W. the Father, &c. was feifed in his Demefne as of Fee, an
the Day when he died, &c. and the fame is fufficient although he dieth. no.
feifed; and the Form of the Writ is fuch:

(a) See the contrary adjudged, Dyer 240. for Fee; and how theTWrit thall be, fee Statham
Provoftihip of Wells. See z H. 4. 5. Litt. 145. Tit. Prebend. Cafe z.,
(b) In 3 Ed. 3. a Prebend had a Writ of Entry (c) And not Colinage, for fuch Writ will
fne af/enfu Capitali, and the Writ was uon babuit abate, if of the Seifin of the Uncle.
Inrfm, from whence it follows, it is a Lay
Mmm 2 he
 451 Writ of Afe of Moridaunceflor.
The King to the Sheriff of S. greeting: If A. jhall make you fecure, &c. then E
fummon, &c. twelve free and lawful Men of the Neigbeurhood of N. that they
be before our Jufjices at the firfi Afife, when they fball come into thofe Parts, or
before our :fufices at Weftminfter on the 0Wave of, &c. or before our beloved
and faithful 0. and E. and thofe whom we have afociated unto them, at a certain
Day and Place, whereof they the faid D. and E. ball give you Notice, ready to
recognize by Oath, if W. Father of the aforefaid A. or Mother, Sifer, Brother,
Uncle or Aunt, was feifed in his (or her) Deme/ne as of Fee, of one Meffage and
ToEd. z. one Tard-land with the Appurtenances in N. the Day whereon he died, and if he
Forinedon 55. died after the Coronation of Lord King Henry; (a) and if the fame A. be his
Plow. Com. next Heir: And in the mean time let them view the faid Meffeage and Land, and
ra9bath I- caufe their Names to be put in the Writ, and fummon by good Summoners B. who
iue a Son, and now holds the aforefaid Mejuage and Lands, that he may be there to hear that
his Wife di- Recognizance; and have there the Summoners and this Writ. Witnefs, &c.
eth; and he
taketh another Wife, and bath Iffue a Son, and Lands are given to him and his fecond Wife in fpecial Tail;
before the Statute De donis, if the Stranger had abated, no Mortdaunceitor lieth.

And upon that Writ he needs not have any fpecial Patent, for the general F
Patent made to the Juftices thall ferve for that Writ. And if the Writ be,
That he be before our beloved and faithful D. and E. and thofe whom we base
afociated unto them, then they ufe to have a fpecial Patent direfted to the
fame Juftices, &c. But if the Juftices be the Juflices of Affife in the fame
County, then their general Patent Ihall ferve for that Affife, as well as if
they had a fpecial Patent ; and the fpecial Patent is fuch:
The King to his beloved and faithful D. and E. greeting: Know ye, that we
bave conflituted you our 7uflices, together with thofe whom we have aftociated
unto you, to take the A./Iife of Mortdaunceftor which A. hath arraigned before you
by our Writ, of one Meffuage and one Yard-land in N. And therefore, &c. as in
the Patent of Affife of Novel Diffeifin.
,o AIT. 24. And a Man may have an Affife of Mortdaunceftor of feveral Rents againft G
Br.I :ainc 72- feveral Perfons in feveral Counties, and in the End of the Writ fhall be feve-
So Afr 4. ral Summons againft the Tenants; and the Form of the Writ is fuch:
Br.Attaints4. The King to the Sherif, &c. If A. and B. Jhall make you fecure, then fummos
twelve free, &c. ready to recognize by Oath, if W. Father of the aforefaid A.
and Grandfatherof the aforefaid B. was feifed, &c. of ten Shillings Rent with the
13 H.4- 17. Appurtenances in N. and if he died, &c. and if they the faid A. and B. are next,
&c. and in the mean time let them view the Tenement from whence the Rent
cometh, and caufe their Names, &c. and jummon by good Summoners S. who de-

(a) See that in a Moridaunceflor by an Infant,
of the Seifin of his Father or Mother, the Writ
thall be good, tho' thofe Words are omitted ;
contra in a Writ of dyl. i3 H- 4. 17. W'Xm. I.
32- 3o Af z5. and fee where thefe three Ar-
ticles are to be inquired, viz. i. If the Tenant
pleads to the Writ and Youches, and on fuch
Dilatory they are at at Jlue, and found againft
all, yet the Points of the Writ are to be inquired,
Et f pesns defcit in uno cadit in onnibus. 2. It
feems, if the Dying feifed be denied, yet the
other Points fhall be inquired, for this is no Plea
in Bar. 3. If a Bar be pleaded, and found for
the Plaintiff, there the Points of the Writ thall
not be inquired. 17 Ed. 3. 28. 39 Af 13. 9
f 3. 8 .f 17. Dyer 31*.
forceth
 Writ of Aflfi of Mortdaunceflor. 453
forceth them offix Shillings of the Rent, and T. who deforceth tAem of four
Shillings of the Rent, that they may be then there, &c.
And by this Writ it appeareth, that the Aunt and the Niece fhall join in
Affife of Mortdaunceftor, and that is by the Statute of Gloucefier, cap. 6.
H (a) And if the Heir who bringeth Affife be within Age, he fhalt not find
Pledges; and therefore the Form of the Writ thalI be of another Form, and
thall not fay, If A. jall make you, &c. but thus:
The King to the Sheriff, &c. Summon, &c. twelve free and lawful Men, &c,
if W. Father of the aforefaid A. who is under ,44 as he faitb, was feifed, &c.
And fhall not fay in the Writ, And if he died after the Coronation, &c. becaufe
it appeareth by the Age of the Demandant; but if many Sifters be Deman-
dants, and fome of them be within Age, and fome of full Age, then the Writ
lball be in the common Form, as if all were of full Age (b).
If a Man go beyond the Sea in Pilgrimage, and dieth there, his Heir thall [ 96.j
have a Writ of Mortdaunceftor of another Form, thus.:
The King to the Sheriff, &c. If A. fhall make you fecure, &c. fummon twelve,
&c. if W. Father of the aforefaid A. was feifed in his Deme/ne, &c. of the Rent
of one Clope with the Appurtenances in N. the Day he took (c) his Pilgrimage to-
wards the Holy Land, or tewards Jerufalem, or towards Saint James, in which
:fourney he died, as it is faid, and if he took that 7ourney after the Coronatio
of, &c.
A And in that Writ it fufficeth, if he were feifed the Day he went out of the Poft. zri.
Land, and took the Sea, although it was not the Day of his Death. And if 3 Ed. 4. 1.
the Father enter into Religion, and be profeffed, the Son Thall have a Mort- 9 H. 5- 9'
daunceftor, if the Stranger abate in the Land; the Writ fhall be, Si W. Pa-
ter, &c. die quo habitum Religienis afampit, in quo habits profefus fait, ut di-
citur; & fi habitum illum afumpfit poft Cureationme, &c.
B If a Man 7have a Corrody to him and his Heirs, if he die feifed, or was
feifed thereof the Day of his Death, his Heir fhall have an Affife of Mort-
daunceftor thereof, if it be taken from him; and the Writ thall be,
The 7(ing to the Sheriff, &c. If W. fhall make you fecure, &c. then fummon,
&c. twelve free, &c. of the Venue of the City of Weftminfter, that they be, &c.
ready, &c. if L. Mother of the aforefaid W. was feifed in her Deme/ne as of Fee
of forty Shillings Rent, and of the Rent of fixty-two Loaves, three Flaggons of
Wine, twenty Faggons of Ae and thirty Mefes of Meat, with the Appurtenances
in th# City of Weftmingter, the Day whereon he died; and if he died, &c. and,
if the faid W. &c. and in the mean time let them view the fenement from whence
she Rent cometh, and fummon, &c. T. Abbot of Weftminfter, and FriarR. of
B. and FriarK. of S. Monks of the faid Abbot, who deforce him of the Rent
aforefaid, that they may be then there, & c.
C And the Order to fet the Parcels in the Writ Ihall be as in a Writ of Right.

(a) NoW; A Bill of Privilege is not f facerit (c) And in fuch Cafe, if the Writ be in com-
to fiearam, &e. and yet the Demandant thall maon Form, it thall abate, 9 Ed. 2. Moerdaan-
find Pledges to protecute, or elfe it is Error., for 852. but a Writ of Ayle or Colinage thalt
Dyer 288. See 4 If. iso. be gensral in fuh Cafe. j3 Ed 3. ABrief 677.
(h) 13Ed. 3. l. 677. 9 Ed. z. Brief 852.
1 And
 45 4 Writ of Affif of Mordauncefor.
And a Man fhall have a Certificate upon this Writ, and alfo Writs of Afo- D
ciation, and Si non omnes, as he fhall have in Aflife of Novel Diffeifin.
And by the Statute of Gloucefter, if Tenant by the Curtefy alien his Wife's F
Inheritance, and dieth, the Heir of the Wife fhall have an Affife of Mort-
daunceffor, if he have not Affets by Defcent by the Tenant by the Curtefy,
and the fame fhall be as well where the Wife was not feifed of the Land the
Day of her Death, as where the was feifed thereof, for that Writ is given
by the Statute.
If the Lord have the Ward of the Heir of his Tenant, and when he cometh F
of full Age the Guardian will not fuffer him to enter into the Land, the Heir
thall have an Alife of Mortdaunceftor againft the Guardian, by the Statute of
Marlebridge, cap. 16.
And the Procefs in Mortdaunceftor is Summons againft the Party, and if G,
8 AXf
Br. De 3.lhe make Default at the Day of the Affife Return, then the Plaintiff ought to
and Appur- fue a Refummons, and if he make Default again, the Aflife fhall be taken
tenance 8s. by his Default.
(a) And if a Man vouch in Affife of Mortdaunceftor, and at the firft Day
the Vouchee make Default, then the Refummons fhall iffue forth againft him:
And fo if the (b) Tenant or Vouchee at the firft Day be effoined; and after-
wards at the Day given by the Effoin, the Tenant or Vouchee make Default,
a Refummons fhall be awarded. But if the Tenant at firft Day be effoined,
as in the King's Service, and afterwards make Default at another Day, the
Aflife fhall be taken by his Default, &c.
And if the Writ of Mortdaunceftor be brought by feveral Summons againft H
feveral.Tenants, then the Allife may be taken one againft one Tenant, and
another againft the other Tenant; quod vide 3 Ed. 3 Itin. North.
(c) And a Mortdaunceftor doth not lie. for Lands devifable by Will, be- I
caufe the Title may fall to another, who is not Heir by the Will of the An-
ceftor, &c. and yet the Writ is true, that he was feifed the Day he died;
quod vide 23 Ed. 3. Lib. Aff
And if a Man be feifed in Tail, the Remainder to his right Heirs, and af- K
33 Ed.3
Mortdau nce terwards he die feifed without IfTue of his Body, and a Stranger abateth, it is
flor 33. a Queftion if the Heir fiall have an Aflife of Mortdaunceftor. And Anno
IH.3. 2x Ed. 3. Itin. Suf. M 5 H. 4. the Opinion of fome is, that if the Remain-
Mortdau der be to his right Heirs, that then he fhall not have an Affife of Mortdaun-
7or. 4.
23. ceftor: But if a Gift in Tail be made unto one, the Remainder to him and
his right Heirs, that then he fhall have an Aflife of Mortdaunceftor, becaufe
be hath the Remainder in Fee to him and his Heirs: But it feemeth he Ihall

(a) Where the Tenant vouched a Foreigner, 45 Ed. 3- 23. 4 H 6. 23. 18 Ed. 4 S.
8Note;
ir order to remove the Plea, and the 'ouchee I was a common Efroin, yet fee 8 Af 13.
was returned fummoned, and made Default, the Refummons granted, and fee 22 .41 79-
Parol was remanded. 3 1Y-o. 28 Af 29. (c) Rot. Parl. 21 Ed. 3. a. 47. a Petition
(Z) The Tenant was effoined at the Day, and ilde. zz 4 78. For Land in Burgo de &arbo-
afterward madr Default, no Refummons was, rougb 35 Af4 1.0 oAY z.
but' the Jury taken by Default. 1o Ed -3 7-
11ct
 Writ of Nuper obiit. 455
not have an Affife of Mortdaunceftor in the one Cafe nor in the other ; for
the Words of the Writ are, If W. Father of, &c. was fefed in his Demefne as
of.Fee the Day wherein he died, and that he was not, for he was feifed in De-
mefne as of Fee-tail, and not in Demefne as of Fee, and therefore the Jury
cannot find that he was feifed in his Demefne as of Fee, for of the Demefne
he- was feifed in Tail. Quere of that.
L And if the Anceftor dieth feifed, and hath two Sifters his Heirs, one of 1o Ed. g.
them thall not have an Aflife of Mortdaunceftor'againft the other, for this Darrein Pre-
Writ lieth againft Strangers, and not againft Privies in Blood. * fentment '3.
And fo in Gavelkind, one Brother Ihall not have a Mortdaunceftor againft
the other for the Privity of Blood, but he ought for to fue a Nuper oblit
againft his Brother, or one Sifter againft the other, &c.
And H. 13 H. 3. Itin. Suf. the youngeft Brother had a Mortdaunceftor
againft a Stranger, and thall recover where the eldeft went beyond Sea, al-
though he were not dead, becaufe eighteen Years paffed fince the eldeft went
beyond the Seas.
(a) And H. 13 Ed. 2. it was adjudged accordingly, where the younger
Brother recovered in Aflife of Mortdaunceftor, where the eldeft went be-
yond the Sea, and was alive,
I

Writ of Npper obir.

A HE Writ of (b) Nuper obiit lieth, where the Grandfather, Father, Bro-' [ 197]
1 ther, Uncle or other Anceftors of'the Demandant dieth feifed of Lands,
Tenements or Rents of an Eftate in Fee-fimple, and after their Death, one
of the Heirs of the fame Anceftor loth enter and deforce the Demandants a
now he, or thofe who are fo difTeifed, fhall have that Writ againft the (c) Co-
parcener; and that Writ lieth for one Coheir againft the others, or for divers
Coheirs againft many, as the Cafe is, and it ought to be where the common 7 Ed. 3. I5.
Anceftor dieth feifed of Land, &c. of an Eftate in Fee-fimple; for if one
Sifter do deforce another ,Sifter of Land" whereof their Anceftor died feifed.
of an Eftate in Tail, her Sifter fhall have a Formedon againft thi Sifter
who deforced her, &c. and not a Nuper obiit. And the Form of the Writ
is fuch:
B Yh'e King to the Sherif; &c. If A. and B. fhall make you fecure, &c. then
fummon, &c. C. that he be before our 7uffices at Weftminfter fuch a Day, &c.

(a) If my younger Brother enters after the (b) And it feems, that every Parcener ought
Death of my Father, I thall (not) have a Mort- to be named in the Writ, 'viz. Tenant or De-
dauncefior againft him, nor any other Aation but mandant. 'rin. 16 Ed. 3.
Entry, and if he diflurb me, I may have an Af- (c) And fbe fhall have Judgment to hold in
c-. Plow. 306. N. B. I09. Severalty. 21 R. z. 7udmint 2z7.
to

N
 456 Writ of Nuperobiit.
to fl.ew wherefore Jhe deforceth the aforefaid A. and B. (a) of their proportionable
Part which falleth to them of the Inheritance which was W.'s of N. the father,
Mother, or other Ancefjor of the aforefaidA. B. and C. whofe Heirs they are, and
who lately died, as it is faid, &c. And have there the Summoners and this Writ,
&c. Witnefs, &c.
And the Writ may be brought by an Aunt againft her Sifter and her Niece;,
and then the Writ fhall be fuch:
The King to the Sherif, &c. If A. and B. his Wife, Iall make you fecure, &c.
than fummon, &c. C. and D. that they be, &c. to Jhew wherefore -hey deforce the
aforefaid A. and B. of the proportionablePart of her the faid B. which falleth to
her of the Inheritance which was E.'s in N. Mother of the aforefaid B. and C.
and Great Grandmother of the aforefaid D. whofe Heirs they are, and who lately
died, as it is faid: And have, &c.
Br.Entry con- And that Writ lieth betwixt Coheirs in Gavelkind, as well as between Wo- C
geable 1zz. men who are Coparceners; and if one Coparcener be deforced by another Co-

the bthat parcener and a Stranger, fhe fhall have a Nuper obiit againft the Coparcener,
gains nothing and by the Rule in the Regilter, that Non-tenure fiall not abate the Writ.
of the Free- Vide fupra L.
hold by that And alfo by the Rule in the Regifter, in a Nuper obiit Non-tenure of Par- D
Entry; quad cel of the Thing demanded fhall not abate the Writ.
not. (b) And it two of the Coparceners enter after the Death of their Anceftor, E
and deforce the third Sifter, and afterwards they make Partition betwixt them,
and then one of the two alieneth her Part unto a Stranger in Fee, yet the thift
fhall have a Nuper obiit againft her two Sifters notwithftanding that Alienation,
and fhall recover the third Part thereof, whereof the Coparcener who aliened
not was feifed, &c.
And for to recover the third Part of the other Coparcener, which is in the
Hand of the Stranger, fhe ought to fue an Affife of (c) Mortdaunceftor in her
Name, and in the Name of her other Coparceners, &c. or a Writ of Aiel, as
the Cafe is.
6r Hble. by (d) And if one Coparcener do infeoff a Stranger in Fee, and taketh back F
theDifclaimer an Effate to him in Fee, or for Life, yet it feems a Nuper obiit lies againft
the Deman- him by the other Coparcener, if he do not difclaim in Blood, M. 2 Ed. 2. and
dant is put to it feems reafonable. But M. 2 Ed. 3. and M. 45 Ed. 3- 7 H. 6. 8. it is holden
his Aflife of the contrary: But feveral Tenancy or Non-tenure is no good Plea in a Nper
Mortdaunce-
fIor; alfo he oblit for the Privity of Blood; but if he claim by Purchafe, or difclaim in
is barred of the Blood, it is a good Plea.
his Damages And a Nuper obit lieth betwixt Sifters of the Half-blood. G
in the Nuper
obiit.
!a) And therefore, if the Demandant is feifed that he is the Villain of L S. And by W#I~y
of Part of the Lands defcended, although they and others, this fball abate the Writ, and the
lie in another Town, &c. the Writ fhall abate. Plaintiffhall be put to his Maridaunct r againft
4 Ed. 2. Age 117. S. and the others, 18 Ed. 3. 55. accosdant.
(b) Neither Non tenure nor feveral Tenancy iS Ed. 3. Britj 32z.
are Pleas in a Naper obiiI. 7 H. 6. 8. (d) II H. 4. 23. 21 Ed. 3. NsPr il'ii f4.
(c) A. ind B. bring a NAper obiit againli C. -1 Ed. 3. 3z2 45 Ed. 3. 19. 3 oEd. i. Nupr
D. and E. A. does not appear, C. and D. appear obi; 18.
by Attorney, and E. appears in Perfon, and fays, And
 Writ of Quare ejecic infra Terminum. 47
H And if a Nuper obiit be brought of the Selfin of the Grandfather, Darrein
Seifin in the Father is no Plea, without alledging a Dying feifed in the Fa-
ther, &c.
I A Nuper oblit lieth of the Seifin of the Great Grandfather.
K And the Nuper blit ought to be brought by that Coparcener who is de-
forced, &c. againft all the other Coparceners, although that fome of them
have nothing in the Tenancy.
L And it appeareth, !t. 4 Ed. 2. that the Naper obit lieth of the Seifin of his 4 Ed. 2. No-
Father, if the Father were feifed the Day that he died, or the Day before, for per obit o.
that amounteth to a Dying feifed, &c.
M And if one Sifter hath Iffue a Son, and dieth, and the Son doth infeoff a 8 Ed. z.
Woman in Fee of all the Land, and afterwards marries her,; the Nper oblit per obit Z3.
doth not lie by the other Coparcener againft the Hufband and Wife; but there
he may bring a Mortdaunceffor in his own Name, and, in the Name of the
Hufband againft the Hufband and Wife. Anna x8 Ed. 2. Itiner. Cane.
N A Villain and his Wife fhall not have a Naper oblit againft his Wife's Co- i6 H. 3.5.
parcener, becaufe he is not infranchifed by the Marriage of one of the Co- Nuer vbile
parceners which was one of his Lords, to whom he was Villain before.
0 And if the Father give Lands in Frank-marriage to his Sifter, and dieth
feifed in Fee of other Lands, the fhall not have a Naper obit againft her Sifter
for the Lands in Fee-fimple, unlefs the will put the Lands which were given
in Marriage in Hotchpot, &c.
P A Naper oblit lieth of a Corody.
Q And Voucher, and the View, do not le in the Nuper oblt.
R And the Aunt and the Niece thall join in a Naper oblt againft the other
Sifter or Niece, &c.

TWit of Quare ejecit infra Terminum.

f Qware ejecit infra $ferminum lieth, where a Man leafeth Lands

1 untoWrit
'"HE
another for Years, and after he entereth and maketh a Feoffment
in Fee of the fame Lands to a Stranger, or for Life i the Leffee fhall have
that Writ uare ejecit infra.erminum againft the Feoffee or Leffee for Life. isH. 6. 6.
-T And in that Writ he fhall recover his Term again, and his Damages alfo, if If the Term
the Term be not ended; and if the Term be ended, he fhall recover all his eir endet
Damages. the Wri thall
U And the Procefs in that Writ is Summons, Attachment and Diftrefs infi- not abate.
nite, and not Procefs of Outlawry, becaufe the Writ is not Vi & Armis; and [ 198. ]
the Form of the Writ appeareth after, &c.
A But this Writ of 9uare ejecit infra 2'erminum Was devifed (as it is faid) by
a wife Man called William Moreton, and for this Caufe: For if a Man leafe
Lands for Years,. and after he ouft his Leffee, and after he hath put him out,
he make a Feoffment of the Land unto a Stranger in Fee; now the Leffee
cannot have a Writ of Ejellione firma againft him who is the Feoffee, becaufe
he did not put him out, for which in that Cafe the Leffee had no other Re-
Nnn mcdy
 458 Writ of Quare ejecit infra Terminum.
medy but to enter again into the Land. And if the Feoffee do then put him
out, the Leffee may have againft him an Ejelione firms' vi & armis for the
Wrong done him, and before Entry made by the Leffee, he had not Remedy
againft the Feoffee: And therefore by the Equity of the Statute of We. c. 24.
(As often as hereafter it fhall happen in the Chancery, that in one Cafe a Writ
is found, and in the like Cafe falling under the fame Law, and wanting the
fame Remedy, &c. let the Clerks of Chancery agree, &c.) and by reafon of
that Statute was this Writ devifed.
21 Ed. 4. o, But yet if the Leffor put out the Leffee, and prefently make a Feoffment B
30. H.5.4. in Fee, fo as the Feoffee be Party or Privy to the Oufter of the Leffee, then
acc. the Leffee fhall have a Writ of Ejelione firms vi & armis againft the Feoffee,
becaufe he is Party to the Oufter, and to the Wrong done unto him; and the
Writ followeth:
The King to the Sherif, &c. If A. ]hall make you fecure, &c. then fummon B.
that he be, &c. to jhew wherefore he deforceth the aforefaid A. of one Mefuage
with the Appurtenances in N. which C. demifed to him for a Term which is not
yet pafed, within which Term the fame C. fold that Mejtage to the aforefaid B.
by reafon of which Sale he the faid B. hath ejefled the aforefaid A. from the Mef,,
uage aforefaid, as it is faid: And have, &c.
And the like Writ lieth where the Son and Heir of the Leffer maketh a C
Feoffment, &c. and the Feoffee oufted the Leffee.
And if the Leffee granteth over his Term, and afterwards the Leffor ma- D
keth a Feoffment of the Land unto a Stranger in Fee; now the fecond Leffee
fhall have that Writ, &c. and the Writ fhall be,
Wherefore he deforceth the aforefaid B. of one Mefuage, &c. which It. (to
whom L. demifed it for a Term which is not yet paffed) demifed to the fame B. for
the fame Term, within which Term he the faid L. fold that Meffuage, &c.
And fo if four let a Houfe to A. for' Years, who granteth over his Eftate
to B. and afterwards two of the Leffors die, and the Survivor maketh a Feoff-
ment into C in Fee, B. thall have a uare ejecit infra Terminum againft the
faid Feoffee, and the Writ fhall recite the fpecial Matter.
And if a Man do leafe Land for Years, and a Leffor doth fuffer a Recovery E
to be againft him upon a feigned Title, who entereth, yet it feemeth the
Leffee thall have this Writ of Quare ejecit infra Terminum, &c. And the
Words of the Writ are, By reafon of which Sale; and yet the fame is not
properly a Sale, but thofe Words are but of Form. But before the Statute
of 21 H. 8. c. 15. it feemeth that the Tenant for Years could not have falfified
the Recovery had againft his Leffor.
5
cH. 8. 52. And if a Man leafe Lands for a Term of Years, and afterwards dieth F
&C. without Heir, and the Lord by Efcheat enter and puts out the Termor, it is
3611.8. 63.
LH 8.fol. 7 4 a Doubt whether he fhall have a Quare ejecit infra Terminum againft the Lord
5 H. 7- 7, 37. by Efcheat ; but it feemeth reafonable that he thould have it.
i i H. 6. 7. And fo if the Villain leafeth Lands for Years, and after the Lord of the G
Eabington. Villain enters, and puts out the Termor, the Leffee Ihall have that Writ. And
fo if a Man leafe Lands for Years, and afterwards a Stranger put out the
Leffee, and diffeifeth the Leffor, and afterwards the Leffor releafeth unto him,
it feemeth the Leffee fhall have the Writ Zuare ejecit infra Terminus againft
the Diffeifor, &c.
 Writ of Ex gravi Querela.
And Quare ejecit infra ferminues lieth as well againit the Leffor, as againfi 21 Ed. 4*3d
contr.
his Feoffee , quod vide H. I9 H. 6.
Writ is not traverfable, but 46 Ed. 3. 4.
K And it feemeth that the Sale fuppofed in the
only the Eje6tment, &c. And if f0, then it feemeth the Writ lieth againt contr.z. y
the Lord by Efcheat, or againft the Lord of the Villain who putteth out the
Termor, &c.
But an Ejefione firma lieth againft the Lord of the Villain, if he putthe
Termor out of his Leafe made by his Villain, before Entry made by the Lord
into the Land. And fo an Ejeione firma lieth againft the Lord by Efcheat,
if he ouft the Termor of the Leafe made by the Tenant, &c.
And for the Book of 19 H. 6. it appeareth that it is in the Eleftion of the
Leffee to fue a Writ of EjeJionefirma, or a Writ of quare ejecit infra Termi- At. F.
nun againft the Leffor or his Heir, or againft the Lord by Efcheat, or againi
the Lord of the Villain, if they put the Termor out of his Term, &c.

Writ of Ex gravi Querela.

L T'HE Writ of (a) Ex gravi 9uerela lieth, where a Man is feifed of any Inat. a.t,
T Lands or Tenements in any City or Borough, or in Gavelkind ; which
Lands are devifable by Will Time out of Mind, &c. Now if one who had Note, That if
Lands or Tenements there, doth devife thofe Lands or Tenements unto ano- a Town bath
it is
ther in Fee-fimple or in Fee-tail, he to whom the Devife is made fhall have
oid I
this Writ of Ex gravi .(uerelafor to execute that Devife. Town that
may devife,
Per 4o AffT 41. 39 A. Br. Aff 355. This Writ is not incident to Lands devitable. Qumre, If a Devife
of a Rent out of the Land devifable be within the Benefit of this Writ. 26 H. 8. &c. or 5, and 4 & 5 Mar.
Dyer 140.

M And if a Man do devife fuch Lands or Tenements unto one in Tail, the Poft. 2oo. b.
Remainder over in Fee unto a Stranger, if the Tenant in Tail enter and be
feifed by Force of the Intail, and afterwards dieth without Iffue, he in the
Remainder thall have fuch Writ of Ex gravi Querela to execute that Devife,
A And fo if a Man devife Lands or Tenements unto one in Tail, and after- 1 199.3
wards the Tenant in Tail dieth without Iffue of his Body; the Heir of the
Donor, or he who hath the Reverfion of the Land, fhall have the Writ of Ex
gravi Querela in the Nature of a Formedon in the Reverter, to recontinue the
Poffeffion of the Land to him who hath the Reverfion. And firft for Land
B deVifed in Tail within the City of London; the Form of the Writ for the Heirs
of the Devifee in Tail, is fuch:
The King to the Mayor and Sherifs of London, greeting: We izve received
Information from the grievous Complaint of I. Daughter of E. and M. Sfler of
the fame I. that whereas according to the Cuftom hitherto obtained and ufed in the
fame City, it is lawful for every Citizen of the fame City to devife his Tenements i*

(a) And it feems, that this Writ does not lie the Land be devifable. 39 . 6. See cotr
without a fpecial Cultom, although by Cattomi, 40 Af 41.
N nn 2 the
 460 Writ of Ex gravi Querela.
the fame City by his reflament, as he may his Chattels by his la4 Will, to whom-
40 AfT 4t. Joever he will, and S. fome time a Citizen of the City aforefaid, by his Teflament
Jr. caarum and laf Will devifed four Shops with the Appurtenances, being in the fame City, or
four Mefuages and ten Shops with theAppurtenances, &c. to E. to have the fame
to him and the Heirs of his Body ifuing, R. and S. his Wife, of two Mefluages
and three Shops thereof, and F. of three Shops thereof unjuftly deforce the afore-
faid 1. and M. the Daughters and Heir of the faid E. to the great Expence and
Grievance of them the faid I. and M. and contrary to the Will of the Teftator
Locus imper- aforefaid and againft the Cuftom aforefaid; And becaufe we will not have them
ftaus : see the Jaid I. and M. to be injured in this Matter, .we command you, that having
abe nexWrit. called before you the Parties aforefaid, and heardtheir Reafons thereon, and having
infpetted the Tenor of the Will aforefaid thereupon, you caufe to be done to the fame
I. and M. full and fpeedy Juftice thereupon, as of Right and according to the
Cuftom aforefaid ought to be done, and hath hitherto in the like Cafe been accu-
fomed to be done, or caufe to be done to the fame I. 4nd M. in this Behalf due,
fpeedy and compleat Juftice, as, &c. Witnefs, &c.
And it appeareth by that Writ, that the King commandeth them to do ac- C
cording to the Cuftom of the City, or to dr Juftice to the Parties, by which
it feemeth, that the Mayor upon that Writ thall award Procefs to fummon
the Party, who is Tenant of the Land, to appear at a certain Day to anfwer
to the Plaintiff, in the Nature of a Summons in a Precipe quod reddat; and
when he cometh, the Plaintiff ought to thew the Teftament, and to count
upon the fame, and to alledge Seifin of the Land in the Teftator, and how
that he devifed the fame to him. And that the Defendant then plead there- D
unto, or the Mayor and Sheriffs ought to proceed therein according to the
Ufage of the City. And that Writ may be fued againft feveral Tenants; and E
then the Mayor ought to make feveral Precepts unto every Tenant: And if
the Land be in another Borough, then the Writ fhall be fuch:
The King to his Bailiffs of Great Yarmouth, greeting, &c. From the grievoul
Complaint, &c. (as above) that according to the Cuflom in the faid Town hitherto,
&c. it is lawful for every Burgefs of the fame Town to devife his Tenements which
he hath purchafed to himfelf in the fame Town by his Teftament and laf Will, &c.
(as above). And N. a Burgefs of the fame Town, devefed one Mefuage with the
Appurtenances (which he purchafed to himfelf in the fame town) by his refta-
ment and laft Will, to W. and his Heirs, R. of F. entered into the Mefuage afore-
Jaid after the Death of the aforefaid N. and unjuftly deforces the faid W. of it,
241 2 0. to the great Expence, &c. of him the faid W. &c. (as above) and becaufe we
will not, &c. (as above).
And if a Man devifeth his Lands to his Wife for Life, the Remainder F
over to another in Fee, and the Tenant for Life entereth, and is feifed by
Force of the Devife and dieth, and he in the Remainder is deforced,. he Ihall
have fuch. Writ:
From the grievous Complaint, &c. (until) to whomfoever they will; and M.
fome time a Citizen of the fame City, devifed to D. his Wife in his Teftament in.
his laft Will, four Shops with the Appurtenances in I. which he purchafed to him-
felf in the fame City, to have the fame for the Life of her the faid D. fo that af-
Aer the Death of the fame D. the aforefaid Shops with the Appurtenances /hould
remain to the aforefaid E. and his Heirs, N. who holds thofe Shops of the Demife
Of"
 Writ of Ex gravi Querela. 461
of the aforefa'dD. ajufly deforced the aforefaid E. of them after the Death, of the
fame D. to the great Expence, &c. of him the faid E. &c.
G And if a Man do devife Lands by his Tefcament in Tail, the Remainder
over in Tail unto another, and the firft Tenant in Tail entereth, and dieth
without IIIue; and the fecond Tenant in Tail entereth in his Remainder, and
dieth without Iffue, the Heir of the Donor thall have a Writ of Ex gravi
Querela in this Form:
From the grievous' Complaint, &c. (as above) and I. P. fame time a Citizen'
of the City aforefaid, Father of the aforefaid S. whofe Heir he is, demifed one Mef-
fuage with the Appurtenances in the Suburbs of London, to have the fame to M,.
Son of him the faid I. and to the Heirs of the Body of him the faid M. lawfully
to be begotten; fo that if the fame M. Ihould die without Heirs of his Body law-
fully begotten, the aforefaid Mefuage, &c. Jhould'remain to R. As of the .afore-
faid I. and the Heirs of the Body of the aforefaid R. lawfully begotten ; L. -Chap-
lain of the Chauntry at the Altar of Saint John in the new Work in the Church of
Saint Paul, London, for the Soul of Mafer W. fome time of the Order of Canons
of the fame Church, after the Death of the afoi'efaid M. and R. unjul deforced
the aforefaid S. (of the faid Mefuage aforefaid with the Appurtenace) to whom
the fame Meffuage with the Appurtenances ought to revert, becaufe both M. and
R. died without Heirs of their Bodies lawfully bgoten, as it is faid, to the great
SExpence, &c. of him the faid S. &c.
H And it appeareth by the fubfequent Writ, that when a Man dothk make a
Devife of his Lands in London, and alfo of his Goods, and makes Ex&utors,
&c. then the firft Executors Ihall prove the fame before the Ordinary; and
then after they fhall bring the fame before the Mayor into London, &c. and it
lhall be there inrolled, and then upon that Inrolment the Mayor,. upon the
Writ of Ex gravi Querela fued for the Lands, fhall do Execution, and fuch
Procefs as upon a Fine. of Lands, &c. and the Writ is fuch.:
The King to the Mayor and Sherifs of London, greeting: Whereas, as we E 20-d. ,
have received Information, according to the Cufom in the fameGity hitherto ob-
tained and approved, Teftaments in which lay Tenements in the faid City are de-
vifed (Proof being frfl made of the fame Teftaments before the Ordinary for the
Goods and Chattels Jevifed in the fame) ought to be approved and inrolledbefore you
in our Huting of London, for the making Execution of the Tenements fo devifed.
And now from the Relation of R. Coufn of I. of P. lately Citizen of London,
we have received Information, that although the aforefaid I. hath devfeed one Shop.
and two Sollers with the Appurtenances in the Paryh of Saint Michael, London,.
in the fame City, in his 9eftament in his laft Will to the aforefaid R. to have and.
to hold to him and his Heirs for ever; and the fame Will, as the Cufon is, is,
proved before the Ordinary, yet E. who was the Wife of I. of P. and A. Executor
of the Teflament of the fame I. detain that Will in their Power,- not fuffering it
to be inrolledin the Hufting aforefaid, as before is faid, in manifeft Danger of the-
Di/herifon of him the faid R. and contrary to the-utom aforefaid.; We being un-
willing that the faid R, jhould be injured in this Behalf, command you, that ha-
ving called before you the aforefaid Executor, and having heardthe-Reafonj as well
of the aforefaid R. as of the faid Executor, you further do in the Premsfes that-
which of Right and accordingto the Cufom of the City aforefaid ought to be done,,
and hath hitherto in the like Cafe been there accuftomed to be donL.
Anal
 461. Writ -of Ex gravi Querela.
And by that Writ it appeareth, that if a Man have Lands devifed unto
him in London by Will, he fhall have a Writ unto the Mayor, to compel the
Executors to bring in the fame to be proved before them in London, and in-
rolled in the Huftings.
And if a Man have Lands devifed unto him in Oxford, the Cuflom is, that A
the Teftament fhall be proved there before the Ordinary, and afterwards it
fhall be proved before the Mayor of Oxford, &c. And if the Mayor will not
prove the Will, then he to whom the Devife is made, and alfo the Executors,
who took any Advantage of Adminiftration by that Will, thall have a Writ
out of the Chancery dire&ed unto the Mayor and Bailiffs, commanding them
to prove the Will, and thereupon they fhall have an Alias and a Pluries, vel
Caufam nobisfignifices, &c. and afterwards an Attachment againft them, if need
be, returnable in the King's Bench or Common Pleas.
Pea. B. And by the fame Reafon he fhall have the like Writ againft the Mayor of
London to prove fuch Will, and to inrol the fame, and upon that an Alias and
Pluries againft the Mayor of London, and Attachment, if need be.
And by the fame Reafon it feemeth reafonable, that a Man fhall have a
Writ direted to the Ordinary to prove the Will of any Man, &c. and the
Form of the Writ is fuch:
The King to the Mayor and Bailifs of the City of Oxford, greeting: We have
received the Complaint of T. and M. his Wife containing, that whereas according
to the Cuftom ufed and hitherto approved in the City aforefaid, the Wills of
Burgefes of the City aforefoid there deceafing, of Tenements and Pofefions, (if
they be there devifed) ought to be proved firftly before the Ordinary, and fe-
andly before you in the Court of the City aforefaid, and in Times paft have been
ufed fo to be; and the Executors of the Teftament of N. with the aforefaid T. and
M. after the Will of the faid N. was proved before the Ordinary of the City afore-
Jaid, (as the Cufom is) have oftentimes brought it before you to be again proved
according to the Cufjom aforefaid, by reafon of certain Tenements in the Suburbs
of the fame City which the aforefaid N. in his lafi Will hath devifed to the fame
M. as in the jaid Teflament it is more fully contained; neverthelefs you have hi-
therto refufed and yet unjuffly refufe to receive that Proof, by which neither the
Executors aforefaid, nor the faid T. and M. can obtain Admin/lration upon the
Tenements,aforefaid, or other Tenements devifed by the aforefaid N. in Delay of the
Execution of the Tefament aforefaid, and againfi the Will of the aforefaid N.
and alfo to the great Damage and Grievance of them the faid T. and M. and the
Executors aforefaid: We being unwilling that the faid T. and M. and the Execu-
tors aforefaidJhould be injured in this Behalf, command you, as we have heretofore
commanded you, (if it is Jo) that then you caufe to be done, to the aforefaid Execu-
tors and T. and M. full and fpeedy Yuftice in this Behalf, as'of Right and ac-
cording to the Cufiom aforefaid ought to be done in the like Cafe, fo that repeated
Complaint thereof may not come to us, orfignmfy to us Caufe why our Commands,
&c. Wtnefs, &c.
And it is reafonable that it be fo done in every other City, where Lands be B
devifeable by Will, and are devifed by Will, that the Executors and the De-
vifee thall have fuch Ations againft the Ordinary, and alfo againft the Bailiffs
of the Town and Boroughs, to prove fuch Wills.

I And
 Writ of Ex gravi Querela. 46;
And in Place of a Formedon in the Defcender in Tenements devifed, is fuch
Writ:
And A. fome time Citizen of, &c. devifed to M. his Daughter, a certain Mef-
fuage, &c. to have the fame to her and the Heirs of her Body ifuing, T. entered
the faid Mefuage after-the Death of the aforefaid M. and of W. the Son and
Heir of the fame M. and: hath unjufly deforced L. the Brother and Heir of the
aforefaid W. to his, &c.
And it feemeth, that when the Tail is once excepted before of the Deviii
in the Tenant in Tail, or in the Tenant for Term of Life, that then he (a)
in the Remainder, or Heir of Tenant in Tail, have a Formedon in the Dc-
fcender by the Courfe of the Common Law, after the Statute of WesX. 2. ac-
cording to the common Form upon a Gift made in Tail by Deed.
C And there is another Form of Writ in the Regifter in Nature of a Forme-
don in the Defcender.
A And if a Man in London devife Land unto a Woman for Term of her Life, [zo.
and afterwards to her Executors to fell, and to convert the Money to her own
Ufe, by the- Cuktom of London that Teftament ought to be proved before
the Ordinary, and afterwards before the Mayor, &c. and to be inrolled, &c.
B If the Teftament be proved before the Ordinary, and afterwards one Executor
doth detain the fame, and will not prove it before the Mayor, &c. the other
Executor thall have a fpecial Writ dire&ed unto the Mayor and Sheriffs of
London, commanding them to call the Executors -before them, and to fee the-
Teftament, &c. and to do Right according to the Cuffom of the City, and
according to the Law, &c. which Writ appeareth in the Regifter.
C And if a Man doth devife Lands to his Wife for the Term of her Life, 2 & 3Mta.
upon Condition that if fhe marry, that the Lands fhall remain unto his Son Dyer.
in Tail; and for Default of fuch Iffue, the Remainder to the right Heirs of "0 Co. 41.
the Donor in Fee: Now if the Wife taketh a Hufband who occupieth the Vide Pergin,
Lands, 'and he in the Remainder dieth without Heir of his Body; the right 164. That he
Heir of the Donor fhall have a fpeciat Writ of Ex gravi arela direaed unto inthe Remain.
the Mayor and Sheriffs of London, reciting that fpecial Devife and the Matter ae Bell of
as it is, commanding them to call the Parties, and to hear them,, and to do the Condities
Right, &c. And by that it appeareth, that he in the Remainder ihall have by way of
Advantage of the Condition, if it be-broken; but the fame ihall be by way Entry.
of A&ion, and not by Entry, for the Condition not performed,. which Writ
appeareth in the Regifter (b>.

(a) See 34 Ed. 3. Formedo 65. For a For- (h) See 43 Ed. 3. Formeds 68. 4 Ed. 6. 27.
medon in Remainder does not lie without alledg- 3o 47. 94F'17. 8H. 8. 3z. I I). zs4.&
ing Efples inthe particular Tenant. Dyer 14o.b. Liu. 16.*
 464
Writ of Entre ad Terminum qui preteriit.

A Writ of Entre ad
or Tenements Term ofqui
forterminum preteriit
Life or Years, where
lieth,and a Man the
afterwards
expireth, and he- to whom the Leafe was made, or a Stranger, entereth upon
Term D
(a) Lands
leafeth

the Lands, and occupieth the fame, and deforceth the Leffor, the Leffor or
his Heirs ihall have the Writ.
st Ed. 3. And that Writ lieth in the Per, Cui and Pofi: For if the Leffee hold over E
Brief 308. his Term, and afterwards maketh a Feoffment, the Leffor or his Heirs may
One brought have that Writ againft the Feoffee in the Per; and if the Feoffor maketh a
h Feoffment over, he may have it againft the fecond Feoffee in the Per and Cui,
Trets. .and againft the third Feoffee in the Poff; and the Form of the Writ is fuch:
The King to the Sherif, &c. Command A. that he render to B. one Water Gulf,
&c. into which the fame A. hath not Entry but by C. to whom the aforefaid B.
derifed it fir a Term which is paft, &c. and unlefs he will do it, &c. and the
aforefaid B. fhall make you fecure, &c.
And in the Poft the Writ is, And into which the fame A. hath not Entry but
after the Demife which the fame B. thereof made to D. for a Term which is paj,
and which after that Term ought to revert to the aforefaid B. as he faith, and
whereof he complains that the aforefaid A. unjuftly deforceth him, &c. and un-
lefs, & c.
And by thefe Words, Unde queritur, in any Writ of Entry in the Per and
Cii, but only in a Writ of Entry in the Pof.
But if a Man will bring a Writ of Entry ad Terminum qui preteriit of his F
Father, Mother or other Anceftor then there behoveth to be in the Writ the
Words, Which he claims to be his Right and Inheritance; and the Form of the
Writ is fuch:
The King to the Sherif, &c. Command A. that, &c. he render to B. one Mef-
fuage with the Appurtenances in N. which he claims to be his Right and Inheri-
tance, and into which the fame A. hath not Entry but by D. the Father (or Mo-
ther or other Anceffor) of the aforefaid B. whofe Heir he is, who demifed it to him
for a Term which is pajt, as he fays, and unlefs he will do it, &c.
And in the Per and Cui, thus: Which he claims, &c. and into which, &c.
but by C. to whom D. (b) the Father (or other Anceftors) of the aforefaid B. whofe
Heir he is, demifed it for a Term which is paft, &c. And in the Pof# thus: But
after the Demfe which R. and the aforefaid B. &c. whofe Heir they are, &c. or
thus, which C. Father of the aforefaid B. and Grandfather of the aforefaid S.
whofe Heirs they are, thereof made to H. for that Term which is paf, and which
after that Term ought to revert to the aforefaid, &c. as they fay, and whereof
they complain that the aforefaid A. unjufly deforceth them &c. unlefs, &c.
And in every Writ of Entry which a Man demandeth of the Poffeffion of
his Anceflor, he ought to have thefe Words in the Writ, Which he claims to

(a) Viz. By Eflux of Time or Surrender. (b) Covanguinews; and it appeared by the
Djer 178. Count that he was Great Grandfather. 21 Ed.
3. 52.
be
 Writ of Entre ad Terminum qui prxteriit. 465
he his Right and Inheritance, &c. but of his own Poffeflion he fhall not have
thofe Words in the Writ, but only in a Cui in vita brought by a VVom-ian of
her Inheritance aliened by her Hufband, for there the thall have in her Writ
thefe Words, Which he claims to be his Right and Inheritance, &c. but the falme
is where the Woman claimeth an Eftate in Fee-fimple by the Writ; for if the
claim but an Eftate in Tail, or a Freehold by her Cui in vita, then the Writ
of Cui in vita fhall make a fpecial Mention of that Eftate, &c.
G If a Man leafe a Manor for Life or Years, unto which an Advowfon is ap-
pendant, and afterwards the Leffee doth make a Feoffment of the Manor in
Fee, and taketh back an Eftate of the Manor, except the Advowfou, to him
for Life; if the Leffor bring the Writ of Entry Ad T'erminum qui preteriit of
the Manor againft the Leffee, and doth not make Exception of the Advow-
fon, the Writ lhall abate for Non-tenure of the Advowfon upon the Matter
thewed, as appeareth by the Regifter.
H The Aunt and the Niece fhall join in this Writ of Ad T'erminum gui prete-
riit, as appeareth by a Writ before mentioned.
And if a Man maketh a Feoffment in Fee upon Condition, that if he pay 33 As as.
a certain Sum of Money at a certain Day to the Feoffee or his Heirs, that Vide Theol.
then he fhall have the Land again, and that he may enter, if he pay the Mo- wall ,31
ney at the Day, and afterwards the Feoffee will not fuffer him for to enter: 8 2E8.
The Feoffor Ihall have the Writ of Ad T'erminum qui preteriit, becaufe that Entre 4.
when he payeth the Money, the other hath no Term in Effeat; and if he V. 4 H. S.1o.
hould not have this Writ, he could not have any Remedy but to enter, &c. Brook.
and thereupon to have an Affife.
And M. 5 Ed. 3. it was adjudged that the Plaintiff fbould recover in fuch [ 202. ]
A aion upon fuch Matter pleaded and thewed; but I do not perceive how the
fame could be maintained by Reafon, becaufe the Fee-fimple is not properly
faid a Term; for then the Lord by Efcheat thould have a Writ of Ad Termi-
Num qui preteriit, if his Tenant dieth without Heir, where he cannot have a
Writ of Efcheat; and in Ad terminum gui preteriit the Leafe alledged in the
Count is traverfable.
A If the Hufband and Wife leafe the Wife's Lands for Years, and the Huf- V. oEd. . .
3 7
band dieth, and the Termor holdeth over his Term, the Wife fhall have a 5
Writ of Ad erminum qui preteriit, if fhe will, &c. but he ought for to count
that fhe and her Hufband leafed the Land, &c.
B And it appeareth in 8 Ed. 2. Itin. Canc. that the Grantee in Reverfion mhall
have a Writ of Ad 'erminum gui preteriit againft the Leffee, or his Heir or
Allgnee, and yet there is no fuch Writ in the Regifter.

Goo Writ
 466

Wit of Dum fuit non Compos Mentis.

4 Co. Bever- HE (a) Writ of Dum fuit non Compos Mentis, lieth where a Man, who C
Iry's Cafe. I is not of fane memoire, alieneth his Lands or Tenements in Fee-fimple or
I '"i. -47. in Fee-tail, for Life or for Years, if he be afterwards deforced by his Alience
or Leffee, then he himfelf thall have this Writ againft his Alienee or Leffee,
notwithfianding this own Alienation, or his own Leafe; and the fame appear-
eth by Writs in the Regifter, which are of fuch Form:
The King to the Sherif, &c. Command A. that he render to B. one Mefuage
and twenty Acres of Land with the Appurrenances, which the fame B. demifed to
him, while he was not Sound of his Mind, as he faith, and unlefs he will do it,
&c. Or thus: Into which the fame A. hath not Entry but by C. to whom the
aforefaid B. demifed it, while he was not found of his Mind, &c. Or thus in the
Poft: Into which the fame A. hath not Entry, but by the Deniife which the
aforefaid B. while he was not found of his Mind, thereof made to D. and whereof
he complains, &c.
Litt. 97. con. And fome have faid, that Writ lieth not by him who alieneth the Land, D
39 H. 6. 42. becaufe he fhall not difable himfelf, nor contradi6t his own Deed; but that
contcra. Jen, ti iteb
AT .pl. io kemeth to be little Reafon, for this is an Infirmity which cometh by the A&
con. of God; and it ftandeth with Reafon, that a Man thould thew how he was
9 H. 6. 6. vifited by the A& of God with Infirmity, by which he loft his Memory and
Britton. '1'it. Difcretion for a Time ; as if an Infant within the Age of twenty-one Years
Debt 66 doth make a Feoffment in Fee, or a Leafe for Years, he himfelf Ihall avoid
a&. J, 9. his Feoffnent or Leafe, as well within Age as of full Age, although he thall
N. Br. z6. not have a Dum fuit infra setatem within Age, becaufe the Writ doth fuppofe
H. 7- . him to be of full Age; but an Infant of the Age of fourteen Years bath Dif-
cretion, as hath been adjudged, at fuch Age; and if he at fuch Age commit
Felony, he fhall be hanged for the fame, and yet his Feoffment, Leafe or
Grant, thall not bind him before the Age of twenty-one Years ; becaufe he
bath not perfe& Difcretion or Knowledge what he ought to do, or what is,
to his Profit or Difadvantage befbre fuch Age; and therefore he fhall alledge,
that he was within Age at the Time of the Feoffment, Grant or Leafe made
by him; by which it appeareth, that he fhall alledge, that he had not perfe&
Difcretion at that Time, for that Nonage is an Infirmity of Nature, and
Plow. Com. cometh by the AR of God; and a fortiori then he who is of non Jane me-
]9. a. moire, fhall alledge, that he was not of fane memoire at the Time of his Feoff-
21 H. 7. 32. ment or Grant; for he who is of unfound Memory, hath not any Manner
26 A. 27. of Difcretion; for if he kill a Man, it fhall not 'be Felony, nor Murder, nor
5 Ed. 3. Con' he fhall not forfeit his Lands or Goods for the fame, becaufe it appeareth
24. contra.
.3. a. that he hath not Difcretion; for if he had Diferetion he thould be hanged
for the fame, as an Infant who is of the Age of Difcretion, who commiteth
Murder or Felony, fhall be hanged for the fame.

(a) The IMue in Tail fhall not have a Dam fail non Compws on the Arionation of his Ancetor,
but a Fomedon. I8 Ed. 3. 3 1.
And
 Writ of Dum fuit non Compos Mentis. 467
And it appeareth in Britton, that in Debt upon a Bond, the Defendant
faid, that he was not of Sanxs mempris at the Time of making the Bond, and
holden that it was a good Plea.
E And if an Ideot doth releafe all his Right by Deed, yet if it be afterwards Stanford
found by Office that he is. an Ideot, th Iing ihall -feize the Land, and the Prrog.z34.
Releafe ihall not bind, &c. Zuod vide in Title Scire facias, P. 3 z Ed. 3. in 5o Aff.
con.
the Abridgments.
(a) But in the Book of Affifes, .4nn 35 Ed. 3. the Tenant in an Affife
pleaded the Releafe of the Plaintiff, and the PliainxifffTid, thgt he was not then
of fane memoire, &c. And there the Opinion of two Juffices was, that he
thould not have that Plea ; hut do not much. regard, their Opinion for the
Reafons aforefaid.
F And it appeareth in 7 Henry 4. 6. That a. Feoffment of An ideot made by Dum non
Letter of Attorney is void, and fo it feemeth to be; of a Man of Non 1ame Compos Men-
memoire. ti was brought
(b) And if a Man of Non jane menoine alineth his Land in Fee and dieth, ioheby alien-
his Heir Ihall have ffuch Writ as ,h; may enter, as his Anceflors might have and admitted,
entred, as well as if an Infant within Age had, aliened his Lands, &c. 18 Ed. 3.
And in Ed. 3. in the Book of Aflifes, a.Ma4 of Non fanx me norie made Sci. fac. io.
25
a Feoffmenc in Fee, and took back an Fftoe to hinifelf for Life, and .thire it az Ed- 4. 6.
was agreed and admitted, that the fan was a Renitter, and (c) thereupon 9116. 42.
Iffue was taken, that he was of perfe&t Memory, &c. and that was found by [ 203.]
Verdid ;, which fee in -the Title of Feofments in the Abridgments.
B And the Writ for the Heir upon the Alienatipn of his Anceftors fhall be in
fuch Form:
'The King to 4he Sheriff, &c. Command A. that, &c. he render zobB. twenty
Acres of Land with the Appurtenances in N. which he caims to be his Right and
Inheritance, and into which the fame A. hath not Entry but by C. or other n-
cejor of the aforefaid B. whofe Heir he is, who demifed them to him, while he
the fame C. was not found of his Mind, 45 he faith, &c.
And thtis in the Per and Cui:
Which he claims, &c. and into which, &c. but by C. to whom D. the Grand-
father of the aforefaid B. (or other Ancefjor of the aforefaid B.) whofe Heir he is
demfed them, while he the fame D. was not found of his Mind, &c.
Or thus in the Pof:
Which he claims, &c. and into which, &c. but after the Demife which C. the
Great Grandfather (or other Anceftor of the aforefaid B.) whofe Heir he is,
while he the fame C. &c. Mkereof made, as he faith, and whereof he complains,
C And i-. An. of the King was fuch Writ granted:
D Command R. that, &c. he render to B. one Rept of three Loaves of Bread,
feven Flaggons of Ale, and feven Meffes of Meat by the Week, with, the Appur-
tenances in C. and which he the fame B. demifed to him, while he was not found
of his Mind, as he faith, and unlefs, &c. And the Procefs is Grand Gape and
Petit Cape, as in other Precipes quod reddat.
(a) F. Scirefacias 1o6. 18 Ed. 3. ibid. Io. (c) But note; The Iffue found that he was re-
(b) 7 H 4- 5. So that the Land Thall efcheat mitted. 25 4. See 17 Ed. 3. 7. or 70.
notwithflanding the Fcoffment* 4 Co. Bewerley's See Bro. Feefment de Terr' 26. F. ,Reviter 2.
Cafe. It is not admitted to be a Remitter.
0002 frit
465
Writ of Intr ion.

T HE
the Curtefy, (a) dieth lieth,
Writ of Intrufion of fuchTenant
feifed where for Life, or in Dower, or by E
Eftate for Life, and after their Death
a Stranger doth intrude upon the Land, he its the Reverfion fhall have that
Writ againft the Intruder, and the Writ fhall be fuch:
"The King to the Sherif, &c. Command A. thatjufly, &c. he render to B. one F
Ploughland with the Appurtenances in N. which he claims to be his Right and In-
heritance, and into which the fame A. bath not Entry (b) but by the Intrufon
which he made into it after the Death of C. who was the Wife of D. who held it
in Dower of the Gift of the aforefaid D. Jometime her Hufband, the Father or
Brother of the aforefaid B. whofe Heir he is, as he faith, and unlefs, &c,
And in the Per thus:
And into which the fame A. hath not Entry but by C. who demifrd it after the
Death of D. who was the Wife of E. who held it in Dower, of the Gift of the
aforefaid E. fometime her Hufband.
And in the Per and Cui thus:
And into which the fame A. hath not Entry but by C. to whom D. demifed it,
who intruded himfelf into it after the Death of, &c.
And in the Poff the Writ is thus:
Into which the fame A. hath not Entry but by the Intrufton which C. made
into it after the Death of D. who was the Wife of E. who held it in Dower
of the Gift of the aforefaid E. fometime her Hujand, Brother of the aforefaid B.
whofe Heir he is, and which after the Death of the aforefaid D. ought to revert
to the aforefaid B. as he faith, and whereof he complains, &c. and unlefs, &c.
And fo that Word, & unde queritur was put in every Writ of Entry in the
Poft.
And if a Woman recover Dower againft him in the Reverflon, or againft G
his Heir, and afterwards the died feifed of that Eftate, and a Stranger doth
intrude into the Land, then he in the Reverfion fhall have a Writ of Intrufion.
And in the Writ mention Ihall be made of the Recovery thus, And into which
the fame A. hath not ntry but by the Intrufion which he made into it, after the
Death of C. who was the Wife of D. who recovered it in our Court, before our
7uffices at W. by our Writ, by the Confideration of the fame Court, as her Dower
which fell to her of the Freehold, which was of the aforefaid D. fometime her
Hufland in the fame 'Town, againfi the aforefaid B. or thus: againft W. the Fa-
ther, or other Anceflor of the aforefaid B. whofe Heir he is, as he faith, and un-
lefs, & c.
And fo the fhall have another Writ of another Form, where the recovereth
her Dower againft the Heir of her Hufband, and after the Heir granteth the

(a) And therefore fee 24 Ed. 3. 74. It is a good Life of the Leafe of the Demandant, at the
Plea to fay that he was feifed, and gave to him Time of his Death.
whom he fuppoes Tenant for Life, and to the (b) And not in quas i intrafi. 6 Ed. 2.
Heirs of his Body, and for that he died without Brief 808.
Heir, he entred alf/ue boc, that he held for
Reverflon
 Writ of IntrUfion. 469
Reverflon unto the faid B. and then the Tenant in Dower dieth feifedx and a
Stranger abateth, the faid B. fhall have a Writ of Intrufion againft the Stran-
ger, and the Writ thall rehearfe the whole fpecial Matter, which Writ appear-
eth in the Regifler.
H And the Aunt and the Niece fhall join in a Writ of Intrufion," and if the
Heir doth affign Dower unto his Mother, and then commits Felony, for which
the Lord claimeth the Reverfion, and granteth the fame to one in Fee, to
whom the Tenant attorneth, and afterwards the Grantee of the Reverfion hath
Iffue two Daughters, and dieth, and one of them hath IfBue and dieth: Now
the Aunt and the Niece fhall join in that Writ, &c. and the Writ thall be fuch:
YJhe King to the Sherif, &c. Command A. that juily, &c. he render to B. and
M. her Sifter, and to P. and F. his Brother, one Meffuage, &c. into which the
fame A. hath not Entry but after the Intrafion which H.. made into it, after the
Death of I. who was the Wife of W. who held it in Dower ,(of, &c. fJmetime her
Hafhand) of N. Father of the aforefaid;B. and M. and Grandfatherof the A/ore-
faid P. and F. whofe Heir they .are of the4Af/ignment of T. Chief Lord of the
Fee, of whom the aforefaid I. held it in Dower, by reafon of Felony committed by
W. of S. Son and,Heir.of -the aforefaid W. as it is faid., And which after the
Death of the afprefaid I. ought to revert to tke aforefaid B. M. P. and F. by
Formof'the Afigrment :afore/aid, as they fay, and whereof they complain, &c.
A f And.if a Man intrude after the Death of Tenant by the Curtefy, the Writ [204.]
ofIntrufion (hall be fuch:
Command A. that, &c. he render to B. &c. which he claims, &c. and into
which the fame A. hath not Entry but by the Intruf/in. which he made into it,
after the Death of D. who held it by lhe Law of England after the Death of
C. fometime his Wife, .the Mother or Aunt of the aforefaid B. whofe Heir he is,
&c. as he faith.
And in the Per thus t
But by C. who demifed it to him, who intruded him/elf into it, &c.
And in the Per and Cui thus:
Birt by C. to whom D. demifed it, who intruded him/elf into it..
And in the Poft thus:
But after the Intrulion which W. made into it after the Death of C. who held
it by the Law of England after the Death of D. fome time his Wife, Mother
of the aforefaid B. whofe Heir he is, &c. and which after the Death of the
aforefaid C. ought to revert to the aforefaid B. as he faith, and whereof he
complains, &c. and unlefs, &c.
B And if a Man doth intrude after the Death of Tenant for Life ; theh he in
the Reverflon (hall have fach Writ of Intrufion.
The King to the Sherif, &c. Command A. that jufly, &c. (a) he render to
B. &c. into, which the fame A. hath not Entry but by the Intruyion which, he
made into it after the Death of C. to whom the, aforefaid B. or to whom D. the
Father (or other Atceftor) of the faid B. whofe Heir he is, demifed it for the
Life of him the faid C. as he faith, and unlefs, &c,
And in the Per thus:

(a) But if the Writ be founded on the Leafe & lyrdiatMfam. to H. 9-6. Yet if it be
of the Ancellor, it thall be peod clamat f 7as omitted, it is amendable.
Aird
470 Writ of Cui ante Divortium.
Anti into which the fame A. &c. but by C. who demifed it to him who intruded
himerf into it after the Death of W. to whom the aforefaid B. or R. Father (or
other Anceftor) of the aforefaid B. whofe Heir he is, demifed it for the Lif of
him the faid W. &c.
And in the Per and Gui thus:
Into which, &c. but by C. to whom D. demifed it, who intruded himfelf
into it, &c.
And in the Poft thus:
But after the Intrfion which D. made into it after the Death of I. to whom
B. the Father (or other Anceftor) of the aforefaid B. whofe Heir he is, demsfed it
for the Life of him the faid I. and which, after the Death of him the jaid I.
ought to revert to the aforefaid B. as he faith, and whereof he complains, &c.
And in the Regifter there are other Forms of Writs, where the Reverfion C
of the Tenant is granted by Fine or otherwife, which fhall be ex alignatione.
And the Heir in Tail fhall not have a Writ of Intrufion; if a Man do in- D
trude after the Death of Tenant in Dower, or of Tenant by the Curtefy, or
after the Death of Tenant for Life, he in the Reverfion in Tail fhall not have
a Writ of Intrufion, but he fhall be put to his Writ of Formedon; for that
Writ lieth for him who hath the Reverflon in Fee-fimple, or for Term of
Life, and not fbr him who hath the Reverflon in Tail or for Term of Years4
for it lieth not but for him who hath a Freehold, after the Death of Tenant
for Term of Life, or of Tenant in Dower, &c.
And he in the Remainder fhall have a Writ of Intrufion, if a Man do in-
trude after the Death of Tenant for Life; and fo the Aflignee of the Remain-
der Ihall have fuch Writ:
If Lands be given to two, and to the Heirs of one of them, and he who E
hath the Fee dieth, and then the Tenant for Life dieth, the Heir of him in
Remainder fhall have fuch Writ.
Into which, &c. but by the Intrtion which he made into it, after the Death of
C. who was the Wife of D. who held it for her Life, of the Demife which R.
thereof made to her the fame C. and the aforefaid D. fometime her Huband, and
to the Heirs of him the faid D. Father of the aforefaid B. whofe Heir he is, &c.
as he faith, and unlefs, &c. And the Procefs in that Writ is Summons, Grand
Cape and Petit Cape.

Wit of Cui ante Divorrium.

lieth, where the Hufband alieneth the F
T HE
Wife's Land Cui
Writof which Divortium
antehe had in Fee-fimple, or in Tail, or for Life, unto
a Stranger in Fee-fimple, in Fee-tail, or for Life; and afterwards the Hufband
and Wife are divorced, then the Wife fhall have that Writ againift the Alience;
and the Form of the Writ hall be fach:
V'he gng to the Shertiy, &c. Command A. that jufly, &c. he render to B who G
was the Wife of D. one Mefuage with the Appurtenances in N. which Abe claims
to be her Right and Inheritance, and into which, &c. but by the aforefaid D.
fometime the Husband of her the faid B. who denifed it to Lin, chnm fee could
not oppofe befire the Divorce between them folemnized.
And
4
 Writ of Caufa Matrimonii prelocuti. 471
H And that Writ lieth in the Per, Cui and Poji, as doth the other Writ of
Cui in vita.
I And if the Hufband do alien unto an Abbot in Fee, and afterwards the
Hufband dieth, the Wife thall have a Writ of Cai ante Divortium, in the Poft,
againft the Succeffor of the Abbot - and the Form of the Writ fhall be thus:
K Into which the fame Abbot. hath not Entry, but after the Demife which the
aforefaid D. fometime the Husband of her the faid B. (whom fhe could not oppofe
before the Divorce, &d.) thereof made to L. fometime Abbot ,of B. as fhe faith,
and whereof fhe complains, &c.
And the Heir ithall have a Sur cui ante Divortium, where the Wife dieth
before the Aftion brought, as well as he fhall have a Sur cui in vita: But of an
Effate-tail, the Heir (hall not have a Sur cui in vita ante Divortium, but fhall
be put to his Formedon in the Defcender.
L And the Aunt and the Niece fhall join in that Writ, as they thall do in a
M Sur cui in Vita; and the Procefs is Summons, Grand Cape and Petit Cape.

Writ of Caufa Matrinonii prxlocuti.

A HE Writ of CaufiMatrimonliprelocati lieth, where a Woman giveth [205. 1
Lands unto a (a) Man in Fee-fimple, unto the Intent that he $hall
marry her, and afterwards he will not marry within convenient Time,, when
he is required by the Woman. Then the Woman fball have that Writ; and
the Form of the Writ is fuch:
]R 9'he King to the Sherif, &c. Command A. that juftly,.&c. he render to B. one
Mefuage, which the fame B. demifed to him, becaufe of a Marriage, before
treated of, between them, wherefore he ought to. have married her, and hath not
yet married her, as Jhe faith, & c.
And in the Per and Gai thus:
Intophich, &c. but by C. to wham the aforefaid B. demsfed it, becaufe of.a
Marriage, &c. and hath not married her, as {he faith, and whereof }he com-
plains, &c.
C And it feemeth, That that Writ lieth for the Woman, where the giveth
Lands to a Man for Term of his Life, for the Intent to marry her, as well as
where fhe giveth it in (b) Fee-fimple. But if the giveth it to a Man in Tail
to marry her, &c. although he will not marry her, it feemeth fhe fhall not C.z Pr 74,
have that Writ againft him, by that Means to avoid and defeat the Eftate-
tail; for that thall be contrary to the Statute of Donis conditionalibus. And
a Man upon a Condition in Law thall not make void the Statute. For the
Statute makes a Law certain by exprefs Words of Gift in Tail.. And then it
is not Reafon, that it thould be' aneanted by Intendment,. ori by. a Thing

(a) But he fhall never 'have an Averment (b) If it be. not by Whting. Dyer 3 12. Sai
agairift a Deed without Plea. i4 Ed. 3. but ad- 14H. 8. 8. &- infra K.
judged contra on a Writ of Error. Ia Ed. 1.
FOofmet 1' 4. Vide infra L.
averrabl,,
 471 Writ of Cau& Matrimonii prai1ocuti.
averrable, which is not expreffed, and fhall be taken contrary to the Statute.
7 &4 Ma. And the Heir fhall have that Writ as well as the Woman herfelf ; and the
Dyer i46. Writ fhall be,
But if he ex- Command A. &c. that he render to B. &c. which jhe claims, and into which D
prefs an Entry he hath not Entry but by C. (the Mother of the aforefaid B. whofe Heir jhe is)
if he marry, who demrfed it to him, by reafon of a Marriage,&c. and he hath not married
then he may her, &c. and unlefi,
&c.
alienat till And it may be in the Per, Cui and Poff, as the Cafe is. E
is feifed jure And alfo the Aunt and the Niece may join in the Writ.
uxoris. (a) And if a Man do give Lands unto a Woman unto theintent to marry F
5 Ed. z. Br* him, although that the Woman will not marry him, &c. he fhall not have a
Cond. 204* Writ Caufa Marrimonii prelocuti in that Cafe, and alfo that the Woman do
after marry him; yet the Woman ihall hold the Land to her and her Heirs,
&c. and if the Hufband do afterwards alien them, theflhall have a Cui in vita
for thofe Lands (b).
5 Ed. 2. 24. If a Woman do enfeoff a Stranger by Deed of Land in Fee, to the Intent G
61H. 4. . to enfeoff her, and one who will be her Hufband; if the Marriage doth not
Entry 78. take Effe&, fhe fhall have the Writ of Caufa Matrimonii prdlocuti againft the
37 Af. pl.20. Stranger, notwithftanding that the Deed of Feoffment be abfolute; quod vide
N. Br. 'ss in Title AFife, 3 4 Ed. 3. lib. 4fe.
Poft. L. A Woman did enfeoff a Man upon Condition that he thould take her to H
1411. 8. 19. Wife, and he had a Wife at the Time of the Feoffment, and afterward the
Brudnell. Woman for not performing of the Condition, entred again into the Land,
It is a good upon the fecond Feoffee, and her Entry was adjudgcd lawful, and the Con-
Condition, dition, is good. Anno 4 0Ed*3. fib. A 40 Af p. 13. 8 Ed. 2. Entry 78.
3 o Af 17 . 2 4 H. 8. Feofments 40.
Con. 17iC. And the Hufband and Wife'may fue that Writ of Caufa Matrimonii pre- .I
&B n' locuti againft another who ought to have married her.
8 E And if a Woman maketh a Feoffment in Fee by Deed, referving Rent, K
try 78. ac.o then the fhall not have that Wilt of Caufa Matrimonii prelocuti for the Rent
a Condition referved, becaufe it is proved that the Refervation was the Caufe of the Feoff-
expreffed. ment; but if fhe hath a Deed to ftiew and prove that the Feoffment was
Note 3 &4 to the Intent that he thould marry her, then the fhall maintain her Ation
Ma. Dy. 146. notwithftanding the Refervation made of the Rent. Dyer
one cannot 146, 312.
aver a Confi- And a Woman may fue Caufa Matrimonii prelocuti without any Writing L
deration thewed to prove the fame, where the maketh a Feoffment without Deed to
againft a Con- a Man in Fee, to the Intent to marry her, &c. and the Procefs is Summons,
p ex- Grand Cape and Petit Cape, &c.
tderaoion 14 H. 8. 30. 12 Ed. i. Feoffments 114. Ant.
Deed. Vide A. N. Br. 135. con.
I4 Eliz. Dyer
21I, 212.
(a) Dyer 47. (b) 6 Ed. 2. Cui ix wita. 24 H.6. . 6 H. . 1. 5 Ed. 2. Caiinvia 24.
W. Br. 135.

Writ
 473
Writ of Entry in Cafu provifo.

M IT-HE Writ of Entry in Cafu provifo is.given by the Statute of Gloucefier,

I. cap. 7. and that Writ lieth where Tenant in Dower doth alien in Fee,
for Life or in Tail, the Land which fhe holdeth in Dower , he who hath the
Reverfion in Fee, or in Tail, or for Life, fhall maintain that Writ againfl the
Alienee; and againft him who is the Tenant of the Freehold, of the Land
during the.Life of the Tenant in Dower, &r. And the Writ may be made
"in the Per, Cui and Poji; and the Writ fhall be fiich:
The King to the Sherif, &c. -CommandA, that, &c. he render to B. &c. which
he claims, &c. and into which the faid A. &c. but by C. who was the Wife of
D. who demifed it to him, who held it in Dower of ihe Gift of the ajorefaid D.
fome time her Husband, the Father (or other Ance#or) of the aforefaid B. whofe
Heir he is, and which after the Demife made by her the faid C. to the aforfaid A.
againfi the Form of the Statute ihereof provided at Gloucefter by the Comwon
Council of our Realm, ought to revert in Fee to the aforefaid B. by the Form of
the fame Statute, as.he faith, and unlefs, &c.
And in the Per, thus:
Into which the fame A.' hath ,nt Entry but by C. to whom D. who Was th
WJife of E. demifed it, who held it in Dower, &c. and which after the Demife, &c.
And in the Poji, thus:
Command A. that, &c. he render to B. &c. which he claims, &c. and into
which, &c. but after the Demife which C. (iho wai the Wife of D. who keld
it in Dower of the Gift of the aforefaid D.fome time her Eluiband, NItber of the
aforefaid B. whofe Heir he is) thereof made to F. and which after the Demife made
by her the faid C.,&c. (as above, till) ought to reveri to the faid B. by the Porm [ 2o6. ]
of the fame Statute, as he faith, and whereof he complains, -c. and unlefs, & c.
,A- And if a Woman do recover her Dower againft the Heir, and afterwards
doth alien in Fee, the IHeir fhall have the Writ of Cafu provifo; and in the
Writ he fhall mention the Recovery, as he fhall do in a Writ of Entry ad
communem Legem, upon an Alienation made by Tenant in Dower, &c. And
although a Woman alien in Tail, or for Life, ,yet the Writ is always of one
Form.
B If a Man grant the Reverfion of Lands Which are holden of his Inheritance
-in Dower to another, and the Tenant attorneth, and afterwards the Tenant in
Dower doth alien" in Fee, .the Grantee of the Reverfion fhall have fuch Writ
de a.flignatione.
Command A. that &c. he render to B. &c. and into which, &c. but by C. who
was the Wifeof D, who held it of the aforefaid D.-in Dower, of the Gift of the
jorefaid D. fome time her Husband, -of the Afignment which W. Son and Heir of
The aforefaid D. thereof made to the aforefaid B. and which after the Demife, &c.
And if the Heir grant the Reverfion in Fee, and the Tenant attorneth, and
afterwards the Grantee _,ranteth the fame over, and the Tenant doth attorn ;
and afterwards the Tenant in Dower doth alien the Fee, the third Grantee of
the Reverfion fhall have fuch Writ de Cafu provifo.
Ppp 5e
 474 Wit of Entry in confimili Cafu.
The King to the Sheriff, &c. Command A. that, &c. he render to B. &c. whicl
he claims, &c. and into which, &c. but by, or, after the Desife, &c. (as the
Cafe is) which C. who was the Wife of D. who held it in Dower (of the Gift of
the aforefaidD. fome time her Husband) of the aforefaid B. of the Aignment which
E. of whom the aforefaid C. held it in Dower of the 4ignment vf F. of whom, the
fame C. held it in Dower of the Affignment which G. Son and Heir of the aforefaid
D. thereof made to the aforefaid F. thereof made to the aforefaidW. and which
after the Demife made by her the faid C. &r. ought to revert, &c.
If the Writ be in the Per, and if the Writ be in the Poff, then. the Writ C
thall be,
And which after the Demre by her the faid C. ought to revert bj Forn of the
Statute, &c.
And the Aunt and the Niece may join in that Writ where the Tenant in D
Dower doth alien in Fee, and they have the Reverfion. by Defcent from their;
Anceftor, and the Procefs is Summons, Grand Cape; and Petit Cape, &.<. E

Writ of Entry in confimili Cafu.

The writ is T HERE is another Writ of the like Nature, which is called a Writ of F
motmaintain- I Entry in confimili Cafu; and that Writ lieth where Tenant by the Cur-
able againit tefy, or for Life, or for another's Life, doth alien in Fee, (a) or in Tail, or
Tenana in for Life; now he in the Reverfion, who hath an Eftate therein for Life, or in
Pofibility of Fee-fimple, or (b) in Tail, fhall have that Writ during the Life of the Tenant
ITrue extint. for Life who aliened, and that Writ is not given by the Statute of Gloucefter,
Old Tenure, which gave the Writ of in Cafu provifo ; but it is formed and granted upon
13 Ed. z. the Statute of Weftminfter 2. cap. 14. which wills, That as often as it jall hap-
Entre congea-
ble o6.
gen in the Chancery, that in one Cafe a Writ is found, and in the like Cfe fall-
I4 Ed. 3. ing, wanting the fame Remedy; now the Clerks of the Chanc4Ky fhall agree in the
Brief 283. making the Writ, and that appeareth H. 3 Ed. 2.
N, Br. '37, And if the Tenant by the Curtefy doth alien, he in the Reverlion thall have G
Ant. 198. fuch Writ:
3 Ed.-z. Entr.
dc
8. N. Command A. that, &c. he render to B. one Mefuage, &c.. which he claims, &c.
it Ed. 2. and into which, &c. but by C. (who demifed it to him) who held it by the Law
'ty68. of England after the Death of E. Jome time his Wife, the M6ther, Great Grand-
mother or Grandmother of the aforefaid B. whofe Heir he is, and which after the
Demife thereof made by him the faid C. to the aforefaidA. in Fee, ought to revert
to the aforefaid B. by Form of the Statute provided in fuch like Cafe, as he faith,
and unlefs, &c. And in the Per and Cui, thus: And into which, &c. but by
C, to whom D. demifed it, who held it by the Law of England, &c. And in the
Poft, thus: And into which, &c. but after the Demfie which C. who held it by
the Law of England, &c. (as above) whofe Heir he is, thereof made to F. and#
,which after the Demife, &c.

%a) But not if he be Tenant after Polibility, See a Writ againft y. S. In 1wo von haet ix-
13 Ed- 3. Entre ccng 56. gfTIm nifpofl a Leaf to him made, &r. 8 E4
(b) So for him who has a Fee-tail in Rever- t. Brief Sa.
din, as Ed.3. II. And
 Writ of Entry in confimili CafU. 475
And if the Tenant for Life alien, then he in the Reverflion ihall have a
Writ in this Form:
The Kin~g to the Sherif, &c. Command A. that juffly, &c. he render to B. one
Mefage, &e. .into which the fame A. bath not Entry, but by C. to whom the
aforefaid B. demifed it, for the Life of him the faid C. and which after the De-
mife by him the faid C. to the aforefaid A. thereof made in Fee, ought to revert
to the aforefaid B. by Form of the Statute, &c. ut fupra.
And Note, That by ,that Writ it appeareth, that the Writ -doth fuppofe, 38 H. 6. 3.
that the Tenant for Life doth alien in Fee; and although he grant but for
Life, or in Tail, yet the Writ doth fuppofe that he alieneth in Fee, &c. but
that is mot material, For if it be in Fee, or in Tail, or for Life, it is a For-
feiture of his Fflate.
And fo in the Cafe, in the Writ in Caf provifo, and in the Writ of Entre
ad communem Legem, it fuppdfeth the Alienation to be made in Fee, although
it be but for Life, or -in Tail, for that there is no other Form: And it may
be made in the Per, Cui and Poji, and that without Title made in the Writ,
becaufe it is of a Leafe made by the Defendant himfelf to the Tenant that
alieneth: But if.theFather or other Anceftor leafe for Life, and dieth, and
dfterwards, the Tenant for Life alieneth in Fee, &c. now the Heir who- is in
the Revriflon, fhall have a Writ, which thall comprehend a Title in it and
hl4l1 be fuch:
e King to the Sherf. &c. Command A. that, &c. he render to B one Mef- [207. '3
fuage, &c. which he claims, &c., and into which, &c. but by C. and D. his Wife,
to bqhm I. the Fatheror Mother, (or other Anceffor) of the aforefaid B. whofe
Hir he'is, demfed it for the Lives of them the faid C. and D. and which after
the Demife, &c.
And there the Writ doth fuppofe, that the Wife did derrife it, &c. and
yet the Thall have, a Cui in vitaafter the Death of her Hufband, to recover
the Freehold, notwithftanding the Alienation made by'her Hufband. And if
Tenant for Life grant his Eftate unto another, and the Grantee alieneth in Fee,
&c. then the Writ fhiall be,
Into which the jame A. &c. butby C. to whom D. who held it for his Lifs
of the D7emsfe pf the aforefaid B. demifed it for the fame fJerms and which after
the Demife, &c.
A And if a Man ledfe Lands for Term 6f Life, and afterwards dieth, and
his' Heir granis the Reverfion to B. and. the Tenant attorn, and afterwards the'
Leffee for Life granteth his Eftate over to one who alieneth to -A. in Fee;
now,..ball :have fuch Writ
4ommand A. that,. &c. he remder to B. &c. into which, &c. but by C. (who
demsfed it to him) .who held it for the Lge of D. of the aforefaid B. of the Af-
figniment which 1. Son and Heir of R. made thereof to the faid B. which faid R.
demifed it to the aforefaid D. for the fame Term, and which after theDemife, &c.
If H. leafe Lands unto R. for Life, and afterwards granteth the Reverflion z2 Ed. 2.
to'B. in Fee, and R. attorP, and afterwards R. alieneth in Fee, B. hall have Entry 69.
this Writ:
!rheKing to the Sherif, &c. Command A. that, &c. he render to B. &c. Into
wvhich, &c. but by R. (who demifed it to him) who held it for his Life of the
aforefaid B. of the Afignment %OhiehI. (who demified it to R. for the fame 7erm)
thereof made to the aforefaid A. and which after the Demife, &c.
Ppp 2 And
 476 Tit of Entry in confimili Calk
20 Ed. 2. And if Lands be given unto two, and the Heirs of one of them, and he B'
brief 849. who hath the Fee dieth, and afterwards the 'Tenant 'for"Life alieneth in Fee,
the Heir of him in the Remainder (hall havethis Writ:
Into which, &c. but by C, (who demifed it to him) who held it for his Life of
the Demife which H. thereof made to the faid-C. and D. and the Heirs of him the
faid D. Fatherof the faid B. whofe Heirhe is, and which after the Dearfe, &c. (a).
And by that appeareth, that he in the Remaijider thall have a Writ'-of in C
confmili Cafu,, if Tenant for Life alien in Fee.
Vide 3 Ed. z. And, if an Abbot or Prior leafe Lands for Life, and alieneti, and the Prior
Entre 6. con. dieth, the Succeffor fhall have this Writ:
For it is not
given by the Command A. that, &c. he render to B. one Mefuage; &c. which he claims ta -
Statute of be the Right of his Church of Saint Thomas the Martyr of K. and into which,
Gloucefter. &c. but by C. to whom D. demifed it, who held it for his Life of the Demife
But Wefl. 2. which S. fome time Prior-ofK. P edecefor of the afore/aid Prior, ttereof 'made
cap. 24. fcc
;2o6, fol. to the afvrefaid D. and which' after the Demifi, &c.
And if Tenant in Tail maketh- a Leafe for Life, arid 'the Tenant for Life Di
alieneth in Fee, the Tenant' thall have a Writ in' confimili Cafu. And fo it
2 9 AfT 62. feemeth,. if Tenant- in Tail do leafe the Land unto another for the Life of the
27 Ed 3- "5-
Leffee, and dieth, and the Tenant for Life alieneth in Fee, the Heir in Tail
Ed .g may chufe to' have a Formedon, or to fue the Writ of conimili*Cafu, living,
3t Ed. i. the Tenant for Life. For the Tenant in thre Aaion' fhali'not have the Plea to,
Entry 64. abate the Writ, to fay, that he bath Title to have a Formedon of the Land,.
2' Ed- 3.
Entry i0.
&c. But if Tenant in Tail leafe Lands for the Term of his own Life,. which
is not any Defcenr, and afterwards the Tenant for Life doth alien in Fee, and'
the Tenant' in Tail dieth, his Heir fhall not have a Writ of'-confimili Co/u, but
Ihall be put to his Formedon in that Cafe. For there he hath' not Title to have
any other Alion by Colour of any Demife; but in the Cafe before he had Ti-
tie by reafon of the Difcontinuance made for Life, to claim by reafon of the
Right in Reverfion defcended to him, fo that he had Right by reafon of the'
Reverflon in his- Father referved upon the Leafe, and alfo by reafon of the.
Title of the Intail to chufe what Aaion he would have; tamen quexe.
7 Fa. Z. A Leafe was made to one for Term of Life, the.Remainder to another in E
Entry 7- Fee, and afterwards the Tenant for Life did alien in Fee, for whids he in Re-
7 Ed,3 17. mainder brought a Writ-de confimili Cafu, and the Writ was abated. Pach.
Entry 6 1
7 Ed. 3. But the Court there faid, That the Caufe was, becaufe he in the
Remainder was not to have the Remainder in fao, until it fell, and that,
after the Death of Tenant for Life; and it is not like unto a Reverfion: But
the Law is not taken fo at this Day, but that he in the Remainder hath the
Remainder vefted.in him, as he in the Reverfion bath the Reverfion: For he
thall have an A&ion of Wafte, and (hall enter for the Alienation of his Te-
nant, as well as he in the Reverfion, and therefore it followeth, that the Re-
mainder is in him in faflo; for which Caufe I conceive, that Judgment was
,SEd. 2. not rightly given. And Hill. r8 Ed. 2.. it was holden by Juffice Herle, that F
Entry 74. the Writ did lie for him in the Remainder, &c. And the-Heir in Tail brought
Nat. Br. t38 a Writ of confimili Ca/u upon an AliLnation made by Tenant by the Curtefy,
coO.
and the Writ was maintainable. T3.1 Ed. I.

(a) See ibid. .' i - 91. That the Father may enter for the Forfeiture.
Writ
 477
Writ of Enrry ad communem Legem.

G THE Writ of Entry ad communem Legem lieth, where Tenant in Dower;

1 or Tenant by the Curtefy, or for Life, do alien in Fee, or for Life of
another, or in Tail, the Lands which they hold, &c. (a) after their Death, he
in the Reverfion, who hath it in Fee, or for Life,. thall have that Writ of En-
try ad communem Legem; and the Writ fhall be fuch, &c.
1l The King to the Sherif, &c. Command A. that jufly, &c. he render to B. &c.
which he claims to be his Right and Inheritance, and into which the fame A. hath
not Entry but by C. who was the Wfe of D. (who demifed it to him) who held -t [208.]
in Dower of the'Gift of the aforefaid D. fome time her HFJband, the Father (or
other Ancef or) of the aforefaid B. whafe Heir) &c. as he faith, &c. and un-
lefs, & c.
A And. that is a Writ for the Heir in the Reverfion,- who hath the fame by.
Defcent, and may be in the Per, Chi and Pof.
B And if a Woman recover Dower, and afterwards alieneth in Fee, and di- 4 Ed. 2.
eth ; then the3Writ of Entry ad communem Legem fhall mention the Recovery Brief 794.
&c. And if the Tenant. by. the Curtefy alieneth in Fee, and dieths the Heir
Thall have fuch Writ.
Command, &c. that, &c. he render to B. &c; which he claims, &c. into which
the fame A. hath not Entry but by C. who held it by the Law of England after
the Death; of D. Jome time his Wife, the.Mother of the aforefaid B. whofe Heir
he is, as he faith, &c.
And may be brougbt in the Per, Cui and Poff,. as-the Cafe is.
And if.Tenant -by the Curtefy alien the Fee, and dieth, he in the Reverflon
who is Heir in Fee-fimple, may fue that Writ, or an Aflife of Mortdaunceftor
given by the Statute of Gloucefter, cap. 3.
C And if Tenant for Life alieneth in Fee, and dieth, he in the Reverfion may
have that- Writ in divers Forms: One,, if he have the Reverfion by Defcent,
the Writ fhall be,
Command A. that, &c. he render, &c. which he claims, &c. and into which
the fame A. hath not Entry but by C. to whom the aforefaid B. or C. Father (or-
other Anceftor) of the aforefaid B. whofe.Heir he is, demifed it for the Life of him
the faiA C. as he faith, &c.
And he may leave out. thefe Words in the Writ, Which he claims to be his
Right and Inheritance, &c. when the Demandant made the Grant to the Te-
nant for Term of Life who aliicd, &c.
D And that- Writ may be in the Per, Cui, and Poe,. as the Cafe is. And he
E may bring a Writ of ad rerminum qui preteriit, if he will, if the Tenant for
Term of Life doth alien, and dieth, as it fhall pleafe him.

() And yet the Death thall not be ihewn by the Vrit. i6 Ed. 3. Brif 667

3, And
 4 S Writ of Ceffavit.
And if Tenant for Term of Life do grant over his Eflate unto another, and F
he in the Reverflion granteth the Reverfion in Fee, and the Tenant doth at-
torn , and afterwards the fecond Grantee doth alien in Fee, the Grantee in the,
Reverfion fhall have fuch Writ:
Into which the fame A. hath not Entry but by C. (who demifed it to him) who
held it for his Life of the aforefaid B. of the Af/ignment which I. who demifed it
to the aforefaid C. for the fame "Term, made thereof to the aforefaid B. ao he
faith, &c.
And it may be in the Per, Cui or Pole, as the Cafe is; and in the Writ G
which is in the Poft fhall be this Claufe:
And which after (a) the Death of the aforefaid C. ought to revert to the afore-
faid B. by the Form of the A1fignment aforefaid, as he faith, and whereof he com-
plains, &c.

Writ of Ceffavit.
T HE Writ of Cefavit lieth in divers Ways: For one Writ is where there I-1
I is Lord and Tenant, and the Tenant will not pay (b) his Rent, nor do
his Services, as Suit, &c. to his Lord as he ought to do, nor bath fufficient
Tenant in Goods or Chattels upon the Land to be diftrained for the Rent or Services
Dower thall behind; but fuffereth the Lands to lie frefh, not occupied for two Years fol-
vave and la lowing together; then the Lord of whom the Lands are holden may have the
the Scfin in Writ againft the Tenant, and. if it be found for him, he fhall recover' the
her Hulband: Land, if the Tenant will not find Sureties to pay the Rent then after; and
i Ed. r. that Writ is of fuch Form:
Ceffavit 54.
43 Ed. 3. 15. 9 H. 7. 16. He for Life thall have Ceffavit, but not Leffee for Years, for that is aPrecipe.
ua R. 2. Ceff. 45. Ccifavic of a Rent, 5 H. Ceffavit of Advowfon, 23 Ed. 3. Ceff. 46- 43 Ed. 3. 15j. acc.

7he King to the Sherif &c. Command A. that, &c. he render to B. one Mef-
fuage, &c. which he the fame A. holds of him by certain Services, and which
ought to revert to him the faid B. by Form of the Statute -provided by the Com-
mon Council of our Realm, becaufe the aforefaid A. bath now ceafed in doing the
aforefaid (c) Services for two rears, as he faith, &c.

(a) But Note; The Writ in the Degrees does
not make Mention of the Death of the Tenant
for Life. See x6Ed. 3. Brief661.
(b) Note If the Lord brings a Csfruit, and
fuppofes the Tenure to be by two Shillings Rent,
where be holds only by Fealty, and the Tenant
traverfes the Tenure, and it is found agaift
him, he iball be charged with the Rent. 24
Ed. 3- 72.
He may tender the Arrears without faving of
Iris Default. 27 Ed 3. 89. The Tenant took
the Quantity of:the Services by Protefltation, and
pleads over, &c. and after made Default, and at
the Petit Cape tenders the Arrears according to
his Proteflation, and there they were at Ilue on
the Quantity, &c. Note; If the Tenant will
fave his Tenancy, and tender all the Arrears,
he ought alfo-to tender Damages, at Ed 3- 23*
taxed by the Court.
In a Cefait for Suit of Court he tenders Da-
mages for not coming, by Tax of the Court,
17 Ed. 3. 17. and it is no Plea, that Part of the
Services are not in Arrear. 3o Ed. 3. zz.
(c) See a Cefavit by feveral Procipes againft
A and B. that A. and B. de to tenet & reverti
deent iquadA. and B. qofaeruit. 7o Ed. 2.
Brief 8a6.
And
 Writ of Ceffavit. 479
And that Writ is given by the Statute of Weft. 2. cap. 2 r. and may be
brought in the Per, Cui and Pofl.
The Per thus: Into which the fame A. &c. but by C. who demifed it to hims 48 Ed. 3- 4.
who held it of the aforefaid B. by certain Services, and -which ought to revert to The Sein
him the faid B. &c. (until) becaufe the aforefaid A. or, becaufe the aforefaid C. was alledged
bath now ceafed in doing the aforefaid Services for two Years. the Fcoff*
And it ought to be alledged in the Writ by whom the Ceafer was. an their'eone,
And in the Per and Cui thus: Into which, &c. but by C. to whom D. demifed 39 Ed. 3. Br.
it, who held it of the aforefaid B. &c. . Ceff.-19. acc.
(a) And in the Poft thus: Into which, &c. but after the- Demif whichA. Ithe Note, That if
Fcoffee,
who held it of the aforefaid B. by certain Services,. made thereof to A. of E. and himfelfrea&,
which ought to revert to him the faid B. becaufe the aforefaid, &c. as he faith, the Writ fIhall
&c. and whereof hecomplains, &c. and unlefs, &c. not be in the
Per, but ge-
neral: Cont. If the Feoffoi ceafe before the Feoffment; fo if the Dif1iifee ceife before the Diffeiiin, the Writ ihall
be in the Pot. zs Ed. 3. 4+. Br. Ce. 17.

And there is another' Form of Ceffavit, without making Mention of any 29 Ed.- 3 *
Entry, thus: Cefravit 43.
Command W. of F. and A. his Wife, that, &c. they render to the Abbot of S. 19 Ed, 3*
two. Mefuages which 1. of. B. held of him by certain Services, and which ought to Brief 149.
revert to him the faid Abbot, &c. (b) becaufe the faid W. and A. have now ceafed 17 Ed. 3. 57.
in doing, &c. 33 E. 34
33 Ed. 3.
And the Cefavit lieth for a Suit of Court; (c) but the Donor in Tail fhall Ce. 29.
not have a Cflavit -againft the Tenant in Tail: But if a Man maketh a Gift in 44 Ed. 3. 27.
Tail, the Remainder over in Fee unto another, or unto the right Heirs of the '4 H-6. IS.
I9 Ed. 2.
Tenant in Tail, there, in that Cafe the Lord of whom the Lands are holden CKeT 30.
immediate fhall have a Ceffavit againft the Tenant in Tail, becaufe that he is 28 Ed. 3, 9;.
Tenant to him, &c. 33 H. 6. 53. 28 Ed. 3. 9. 19 Ed. 3. Ceff 30. ibid. ;4 &35.
acc. But there
it is faid, That if the Tenant coafe, and makes a Gift inTail, that the Lord may have Ceflavit ip the P-r,

(a) 2o H. 6. 28. A Recovery in the Poft
a Feme
*gginft Covert.
(b) Eo podprediaf W. and A. &c. See fuch
a Writ awarded good ; for by Paring, he can-
tot fuppofe none to be his Tenant, but him by
whofe Hands he was feifed, is Ed. 3. Brif 4 7 7 -
14 Ed- 3. Brief 269. and fee accordant; for it
may be A. is in by Difleifin, and yet B. thall be
faid Tenant to the Lord; fo if the fame Tenant
leafes for Life, or in Tail to A. who ceffes, no
other Writ lies; wherefore the Writ was award-
ed good, a Ed, 3- 44 See 39 Ed 3. 13. And
fee what Writ does not lie in this Cafe. Kelw.
105, 131- 14 Ed. z. Brief 815.
(c) So it is adjudged ; yet if the Lord reco-
vers, the Ifue fhall have a Formedon, z8 Ed. 3.
45. and it feems on the fame Reafon, if the Te-
tant makes a Leake for Life, the Remainder in
And
Fee, a Cefauit lies againit the Lefiee for Life,
fuppofing him to be his Tenant. But it kewr,
though he does recover, yet after the Death of
Tenant for Life, he in Reverfion Thall have
(avoid) his Recovery againit the Lord; but if
the Tenant makes a Leafe for Life, or a Gift
in Tail, faving the Reverfion to himfelf, if af-
terwards a Ceffer be, the Lord fhall have a Ce-
favit; but he ought not to fuppofe, that the
Tenant in Tail is his Tenant; for then this
Writ thall abate; but he (hall have the Writ
here next adjacent. And it feems in fuch Cafe,
that he in Reverlion is Tenant to the Lord, and
a Default in him of Non-paymerf, as well as
in the other, thall bind him, and to the Books
feem to intend. S Ed- 3. 95, 96. 45 Ed. 3.
27. So a Recovery in a Cefawit againft a Dif-
feifor, Thall bind the DifEifee, 2o H. 6. 28. a
Recovery
 480 Writ of Ceffavit.
i:Ld_ . &z. And if a Man ceafe to pay his Rent and Services for two Years, and inclofe K
37 F 6 45. the Land, fo as the Lord cannot diftrain, if he break not the Gates or the
1 209. ] Hedges of the Land which make the Inclofure, the Lord Ihall have a Cefa-
I-le pleads that
the Land was vit, although the Tenant hath fufficient Cattle upon the Land to be diftrained
fufficienttohis for the Rent. For the Land ought to be open, and alfo there ought to be
Miatrefs with- fufficient to diftrain for the Rent, &c. -But the Land is not open to his Di-
out faying firefs, &c. and fo open to his Diftrefs is a good .Plea, without-faying more in
-ert, and
good: fuch Cafe. M. 2 H 4, 5* 2* 30.H. 6 . -Gef 7.
zH. 4. -. And if the Cattle of a Stranger do efcape into the Lands, thofe Cattle are A
as H. 6. not fuficient or overt to his Diflrefs: But if they be the Tenant's Cattle, it is
CefrT. 7. ac. otherwife. 40 Ed. 3. jI. 50 Ed. 3, Cel. o.
3 5-a. 6. If three Men hold by one intire Rent, as by a Horfe, and the Lord doth B
Ceff 7. acc.
But if a v, recover two Parts of the Land againft two of them, and the thirid findeth
occupy at Will Sureties, &c. the whole Rent is extindt by that Recovery. 14 Ed*,3. Ce[ 28.
his Goods areJ 3 Ed. 3-
4 7 . Io H. 4. 1.
fuficient. And a Man fhall not have one Cefavit for Lands which are holden by fe- C
Avow. 2o6. veral Services; -but he ought to fue feveral Writs (a). 2o Ed. 3. Cf. 23.
Er. App. zo. I Ed. 2. Cef 50. 14 H. 6. 25. 28 Ed* 3- 9* 45 Ed. 3. 27. 2o H. 6. 46.
3 Ed. 3 4 7 * 4nt. 179.
Cerf 40. (b) If the Lord do diftrain pendent his Writ~of Cefavit againft his Tenant, D
4 H.6. 29. the Writ Ihall abate.
io H. 7. 24.
45 Ed. 3. 27. And the Lord thall have a Writ of Cefavit againft Tenant for Life, where. E
14 H,6. z. the Remainder is over in Fee to another (c). 20 Ed. 3. Cef: 32, 33, 38.
.4 8 Ed. 3. 4 . 48 Ed. 3 . 4 . 2 Ed. 4 . 7. 5 Ed. 3. 70. 6 Ed*.3- 45. 4 Co...b.
23 Ed. 3 *.*
Se§ 2 1.

Recovery againft a Feme Covert'binds the Hof-
band. 12 Ed- 4 .- A Recovery againit the Huf-
band and Wife binds the Wife. See 3 Ed 3. 26.
<ontr. in a Ceftait, 7 H. 4. 20. 1o H. 6. 5.
Tenant for Life ceffes, if the Lord recovers
againft him, it thall not bind him in Reverfion
or Remainder, 28,Ed. 3. 95. 45 Ed. 3. 23.
but during the -Life of the Leffee he thall be
ouffed of Walte, or Entry in confimili Cau.
Nte ; Feoffee or Tenant for Life fliall not have
Aid of his own Ceffer, i8 Ed. 3. 96. contr.
Panion. 3 Ed 3. 26. If A. Tenant of three
Acres ceffes, and aliens to three feveral Men an
Acre to each, three feveral Ctfaits lie, and
there fhall be fpecial Counts; tut if he leafes
one Acre to B. for Life, and another to C. in
Tail, and afierwards ceffes, a Cefawit does.not
lie againi B. or C. as to thofe two Acres, but
he Ohall have a Cefa'vit for the third Acre, and
count fpecially. Note; By the Ceffer of the
lcine, a. Ceavit does not. lie for the Lord, al-
though the Mefne after the Celler do purchafe
the Tenancy. Kelw. Io.
(a) See 2o Ed. 3 . Cefazit 33. accordant 2 1.
The Tenant fays, That the Demandant then.
or before-the Writ purchafed, took a Diffrefs for
the Services in the mean time arrear, and fhewed
what Diftrefs. Parning: Will you fay, That
the Difirefs was fufficient.for the Rent arrear ?
.Rolf agreed to fay it was fufficient. Gra. had
you no Diftrefs? See i Ed. 3 . CT. 2.
(h) See as Ed. 3. 18. where Acceptance of
Services pending the Writ thall abate it, and
falfify the Judgment had againit the Feoffor.
(r) He thall have a Writ, fuppofing that he
held of hin and ceffed, 45 Ed. 3-.27. and fo
held on the fame Reafon, 8. Ed. 3. 9 . - But
if the Tenant leafes for Life generally, faving
the Reverlion to him, a Cefavit lies, -but he
ought not to fuppofe, that the Lcee for Life is
his Tenant.

(a) The
 Wit of Cefavit.
(a) The Quantity of the Service is not traverfable in a CePivit, but the 2 Ed. 3. 2 -
fame (hall be taken by Proteflation. 8 Ed 3-47-
The Seilin of the Service is not traverfable in a Cefavit, but in Cefavit ge- 2o d 3.
nerally the Tenure is traver fable. Cer. 47.
F The Aunt and Niece fhall not join in a Cefavit for a Ceffer made before fupra B.
the Title accrued to the Niece: But for a Ceffer in both their Lives they thall 48 3 4-
join i a CeCeff. before
join in a Ceffait ; aliter of Jointenants. N. Br. 139. SCifin 33 Ed.
And a Man may have a Cefavit againft feveral Perfons, and feveral Tenants 3. wilby
by feveral Pracipes, &c. but not by one Precipe. Crff. 4Z.
G A Cefavit doth not lie for him in the Reverflon againft Tenant for Life, 20 Ed. 3.
nor againft Tenant in Dower, but againft Tenant by the Curtefy by the-Lord Ceff. 47.
Paramount, becaufe he is Tenant to the Lord Paramount: iamen quare of ce& 5.
that Cafe. But Tenant by the Curtefy, Tenant in Dower, or Tenant for Life, i3 Fd.z.ib.pS
fhall have a Ceffavit againft the Tenant who ceafeth, 26 Ed. 3.
H It is a good Plea in a Cefacit to fay, that he did not ceafe for two Years Cef. 61.
before the Writ brought. 7 H. 4. 20.
And by the Opinion of Thorpe and Hankford, a Man thall have a Cefavit
againft an Abbot or a Prior of the-Lands of their Foundation ; but I know '8 AfTi.
no Difference but that the Lord fhall have a Cefaivit againft an Abbot or a Br. CeIT a.
Prior as well as againft others, of the Lands which he holdeth of them by
Rents or other Services ; but for the Lands which they hold in Frankalmoigne
a Ceff doth not lie for not doing the Service, neither doth a Ceffavit lie for
not doing Homage or Fealty.
K And if a Man holdeth Lands in feveral Counties by one Tenure and one Pot. 21!.E.
Service, if he ceafe, &c. a Cefavit doth not lie. Quod vide M. 18 Ed. 3. t. 6H.7. z,7.
Afife (b). 3 H.6- 45.
L And there is another Writ of Cefavit grounded upon the Statute of Weft. 2. E
E. .
cap. 4.1. That if a Man give Land unto a religious Houfe, or unto another,
to find a -Aplain to fing Divine Service, or to find certain Tapers to burn
before fuch an Image, or to diftribute certain Bread and Beer every Week
unto poor Mei. Now if thefe Services be not done for two Years, nor fuffi-
clent Diffrefs upon the Lands for the Time to diffrain for thofe Services, then
he or his H- who gave the Lands, fhall have a Writ of Cefavit, thus:
The King to the Sheri.ff, &c. Command S. Bi/hop of Worcefter, that, &c. he
render to H. Earl of D. one Mefuage, &c. in the Town of W. which M. lately
Earl of D. Brother of the aforefaid H. whofe Heir he is, gave to W. fome time
Bi/hop of W. and his Succefors, Bryhops of the Place aforefaid, to celebrate yearly
the Obits of I. the Brother, and B. the Mother of the aforefaid T. and alfo the
Obits of the Jame-T. and R. of H. after their Deceafe, and which ought to re-
vert to the aforefaid Earl by Form of, &c. becaufe the aforefaid Befhop hath now
ceafed for two rears in celebrating the Obits aforefaid, as he faith, &c. Wit-
nefs, &c.

'(a) But it feens he may plead, that he held
this Land and others by the lame Services, as
well as in an Avowry. z Ed. 4. 7 18 Ed. 4.
z7. 23 Ed. 3 . zi.
a,-
(b) In Cfavit the Defendant pleads, that the
Plaintiff had dilrained for Fealty pending the
Writ, and thereupon JMue joined. zo Ed. 3.
C 3 3 . Vide ant.

Qqq And
482* Writ of Ceffavit.
And in another Form for a Chauntry: Command the Abbot of N. that, &c.
.he render to B. and C. his Wife, one Meffuage, &c. which R. the Great Grand-
father of the aforefaid C. whofe Heir (a) jhe is, demifed to E. fome time Abbot of
N. or to the fame Abbot and his Succefors, Abbots of N. to find a certain Canon
for celebrating Divine Services for the Souls of the Ancefters and Succefors of the
fame R. in the Abby of N. and which ought to return to the aforefaid B. and C.
by the Form of the Statute provided by the Common Council of our Realm in cafe
of Juch Demfe, becaufe the faid Abbot hath now ceafed in finding the' aforefaid
Canon for two rears, as they fay, and unlefs, &c.
(b) And the like Writ may be fued againit a Parfon for Lands given to his 1H1
Predeceffor in Fee to fay Divine Service in fuch a Chapel from three Weeks
unto three Weeks.
(c) And fo a Man fhall have fuch Writ for Lights, or for drinking for the N
Poor, or other Alms-deeds, if the faid Alms-deeds be withdrawn for two Years
together.
And where a religious Man or other fpiritual Perfon bringeth that Writ of
Cefa§vit, it fhall not be faid in the Writ, Quod clamal effejus & hreditatem
fuam, &c.
And a Man fhall have a Ceffavit for not doing of feveral Things which he
ought to do, thus:
Command A. &c. that, &c. he render to B. &c. which T. the Great Grandfa-
ther of the aforefaid B. gave to W. fome time Reflor of, &c. and his Succefors,
I zo. J Reflors of, &c. to find a certain Chaplain to celebrate Divine Service for the Souls
of the Anceftors of the fame T. in the Church of, &c. and two Wax Lights to burm
the whole 7Time wherein that Mafs is faid, and which ought to revert to him the
faid B. becaufe the aforefaid, &c. hath now ceafed for two Years in finding the
oforefaid Chaplain and Wax Lights, &c.
And the like Writs may be made in the Per, Cui and Poft.
There is another Writ of Cefavit founded upon the Statute of Gloucefer, A
c. 4. where a Man giveth certain Lands in Fee-farm to find him certain Eflo-
vers to burn in the Winter, &c. or clothing, or to pay the fourth Part of the
Value of the Land yearly, and afterwards he ceafeth, and lets the Land lie
frefh, not manured for two Years together , then he or his Heir who gave the
Land fhall have the Writ of Ceffavit which followeth, viz.
The King to the Sherif, &c. Command A. that, &c. he render to B. one Mef-
fuage, &c. which the fame B. demifed to him in Fee-farm, rendring therefore by
the Year to him the faid B. the third Part or fourth Part of the true Value of
the Meuage aforefaid, and which ought to revert to him by the Form of the
Statute thereupon provided by the Common Council of our Realm, becaufe the afore-
faid A. hath now ceafed in the Payment of the aforefaid Farm for two Years, as
he faith, and unlefs, &c.
(a) See this Writ affirmed good in all Points, Lands that are Parcel of the Foundation of the
3n Ed. 3. Brie 29. Priory or Chauntry. 7 H. 4. 20.
(6) Not 28 Ed. ;. 96. and 3 Ed. 3. 26. A () 9_etre, if the Tenant may tender the Ar-
Recovery was againit a Parfon on fuch a Cefawit rears,. and to whom; and by Hankf. it thall be to
de Cantuari, and held it fhould bind his Succef- the Demandant, but per Thirn. not to in a Oa-
fors, 7 H. 4. 20. o H. 6. 5. but conir. of a vit of a Chauntry, i2 H. 4. 24. See Tender of
Cefavit per biennium, 3 Ed. 3. 26. but by the Arrears of Houfes and Chauntry Lands according
Jultices, a Caevir*do. Cantrario does not lie for to the Difcretion of the Julices. I H 4. 4.
4
2. And
 Writ of CefTavir. 483
And in the Per, thus: And into which the fame A. hath not Entry, but by
E. the Fatherof the aforefaid B. whofe Heir he is, who demifed it to him in Fee-
farm. Or thus in the Per and Cai: But by D. to whom the aforefaid B. or C.
the Father of the aforefaid B. whofe Heir he is, demifed it in Fee-farm, &c.
And in the Poft, thus: But after the Demife which the aforefaid B. or C.
Father of the aforefaid B. whofe Heir he is, thereof made to D. in Fee-farm,
&c. hath ceafed,&c. as he faith, and whereof he complains, &c. and unlefi, &c.
B And if a Woman give Lands in Fee-farm, rendring to her the.Moiety, or
the third Part of the Value, and afterwards taketh Hufband, and the Tenant
ceafeth for two Years, and fuffereth the Land to lie freih, and doth not pay
the Rent, the Hufband or Wife fhall have a Writ of Geffacit, and the Writ
Thall fuppofe which to the aforefald A. and B. his Wfe ought to revert, and
not the Wife only.
C And Note, That thefe Gifts in Fee-farm, to render the third Part, or the 45 Ed. S. 'So'
fourth Part, or to find a Chaplain to fay Divine -Service, or to find him Ant. zos.
Clothing or Eftovers, or to diftribute, &c. upon which a Writ of Cefacwit
lieth, it behoveth that this were made before the Statute of 9jia emptores
terrarum, &c. upon which Feoffments a Tenure is referved and implied in
the Gift. But if a Man at this Day, after the Statute of Xia emptores, will
give Lands in Fee-farm to render the third or the fourth Part of the Value
of the Land, or to find a Chapfain, &c. if the Tenant ceafeth, &C. the Do-
nor nor his Heir fhall not have a Wtit of Cefavit, becaufe there is not any
Tenure betwixt them. 9jaod vide M 4 5 Ed. 3. t. Ceff
D But if a Man giveth Lands in Tail at this Day to find a Chaplain, or to At. so,
render a third Part of the yearly Value, or to find Eftovers yearly, if the 2og. N. X.
Tenant ceafeth of thefe Services, it is a Doubt whether the Donor Ihall have '40
a Cefavit to recover the Lands.
And it feemeth that the Donor Ihall have a Ceffavit; for a Writ of Ce ait N. B. 141;
is given by the Statute of Wefm. 2. cap. 4 1. for Lands given to find a Chap- D. acy.
lain, or to find Tapers, or to diftribute Alms to poor Men. But then it
feemeth that the fame is intended of Gifts in Fee-fimple, becaufe that the
Statute of Wes. 2. c. 41. faith,
That an Agtion Jhall lie for the Donor or his Heir to demand the Lands fo given
in Demfn, as it is appointed in the Statute of Gloucefter of Tenements demifed to
do, or render the fourth Part of the Value, or more, and upon which Feofinents
,a!enure was referved and implied, becamfe the Statute of Quia emptores, &c.
was made after the Statute of Weftm. 2.
And alfo before the Statute of tudia emptores terraram- if a Man make a
Feoffment in'Fee, and. doth not fay of whom the Feoffee fhall hold, &c. then
the Feoffee ought to hold of the Feoffor and his Heirs. By which it appear-
eth, that if a Man at the Time of the making of the Statute of W. 2. gave
Lands to hold il Fee-farm, rendring the Value, or the third Part, &c. that he
held of the Feoffor and his Heirs, although that no Tenure was expreffed
therein. And the Statute of, Gloucefr was made Anno 6 Ed. 1. and the Stat.
of Weftm. 2. made Anno go Ed. i. and the Statute of Qui empteres terraram,
was made 18 Ed. i. And therefore if a Man maketh a Feoffment in Fee at
this Day, to find Tapers burning, or to render the third Part of the Value, or
Qq q z the
 484 Writ of Contra formam Collationis.
the like Services, he fhall have an A~tion of Covenant upon that Feoffment,
if it be made by Deed indented, and no other Remedy for the fame, as I
conceivc.
R. 2. And if Land be given before the Time of Memory to find a Chaplain to D
C&T 18. fing in his Chapel within his Manor every Week; now by the Statute no Man
-. 14[. fhall have a Cefacit for the Ceffor of fuch Service, but the Donor or his
Heir ; but upon that fpecial Matter, he fhall have a fpecial Writ for him who
s feifed of the Manor, if he and his Anceftors have been feifed of the Manor
Time out of Mind, againift himn who ought to do Service. 2'. Anno 7 H. 2.
An:. 209. 1. And a Ceffavit doth not lie againft an Abbot or Prior for a Ceffor of Ser- E
vices of Lands which they hold in Frankaknoigne, becaufe no Service certain
is expreffed in the Gift. Alfo it appeareth before the Statute, that the Lord
could not have a Ceffavit againft the Tenant, but that he rnight feize the
Lands for the Arrearages of the Rent or Services by Judgment of the Court,
if it were, found that they were behind, Quod vide P. 20 H. 3. But at this
Day he cannot do fo, but bring a CjOfit. 1o H. 3. Cef. 6o.

Writ of Contra formam Collationis.

HE Writ of Contra formam Collationis lieth, where a Man giveth (a) F
Vi. 2 &3 Ma. 1 Lands or Tenements to an Abbey, or other Houfe of Religion before
Dyer i09. t
yetit m the Statute of -aia emptores terrarum, to hold of him in Frankalmoigne, and
by Br. Alie- afterwards the Abbot or the Convent do alien the fame Land unto (b) another
nation t. in Fee. Now he who gives the Land, or his Heir, may fue this Writ of
That Bilhop Contra formam Collationis.
Dean and
Chapter, and others who are not religious, are not within this Statute. 40 Ed. 3. 27. - The Writ doth not lie
but where the Land is given in Frankalmoigne.

[ 211. ] (c) The Donor or his Heir may fue that Writ of Contraformam Collationis, A
Br. Contra and that Writ always ought to be fued againft the Abbot who aliened, or his
formam 5o. Succeffor, and -not againft the Tenant of the Land. But when he hath reco-
23 Ed- 3.
Contr. form.
vered the Land againft the Abbot or his Succeffor, then he ought to fue forth
a Scire facias againft the Tenant of the Freehold of the Land, and the Tenant
pl. 3.
may plead in bar Matter, which may prove that the Demandant hath no Title,
23 Ed. 3. or that he hath releafed his Title. And if he who recovereth by the Contra B
P1- 3-
7- 16. forman Collationis doth
enter upon him who is Tenant of the Freehold of the
9 Land, then it feerpeth the Tenant thall have an Aflife againft him.

(a) So it extends to Lands given by others, prefent. Dyer 10g. Alienation in Tail is with-
as well as to thofe given by the Founder; ontr. in the Statute.
33 H. 6. 6. ter Moyle. (c) See t8 Ed. 3- 5. 2 H. 4. i2. that it does
(b) See 24 Ed 3. 71. It feems, that if a Te- not lie againft the Succeffor, upon the Words of
nant in Franzlmoigne of an Advowfon of the the Writ given by the Statute ; per Tbirs. and
King, aliens for nine Shillings, the King may Hanif.

Acd
 T'rit of Contra formarn Collationis. 485
C And that Writ of Contraformam Collationis, lieth only for him or his Heirs,
who gave the Land in Frankalmoigne, and not by any Stranger. But if he who
ought to have the Adion dith, and doth not bring any Aaion for the fewm,
yet his Hiir may bring the A&ion for to recover the Land. For the Aliena-
tion doth give Right and Title to him who gave the Lands, or unto his
Heirs for to recover the Lands, and to have the Lands again for that Aliena-
tion. And it, lieth againft the Succeffor upon an Alienation made by his Pre-
deceffor. And yet fuch Writ brought againft the Succeffor, upon the Aliena-
tion inade by the Predeceffor, was abated, H. 17 Ed. 3. But yet notwith- Contra for-
D fanding it feemeth the Writ well lieth, becaufe that the Right is given to him marn Coll,
who gave the Lands, and unto his Heirs, to have the Lands again by the Hankfora
Statute, and that Right cannot die. For the Heir ihall have the Aftion upon contra to
the Alienation made in the Life of the Father, becaufe the Right of the Ac- Fig-Herk
tion doth defcend, and by the fame Reafon the Heir of the Donor thall have
the Aetion againft the Succeffor upon Alienation inad& by the Predeceffor,
becaufe the Right doth accrue to the Donor or his Heir by Alienation, for
which Caufe it is Reafon that he have the Aaion againft the Succeffor to
recover that Right, and to prove te fame; the Form of the'Writ in the
Regiffer is fuch:
The King to the Sherif, &c. Command the Abbot of N. that, &c. he render to
B. one Mefuage, &c. which was.given to the fame Houfe in Frankalmoigne by the
aforefaid B. or by H. the Father of the aforefaid B. whofe Heir he is, and which
by the Alienation by him the [aid Abbot, or by R. fjome time Abbot of N. the Pre-
decefor of the aforefaid Abbot agaivft the Form of the Collation, thereof made in
Fee, ought to revert to the aforefaid B. as he faith, &c. and inefs, &c.
And that Writ of Contrafomam Collationis doth not lie, although the Ab- 21 H. 4.6
bot alien in Fee, &c. but where the Abbot and Convent in Fee, &c. Hankford
E And if a Man do recover in Value Lands againft an Abbot, who entreth Old Af. 14.
in the Warranty and lofeth, &c. the Founder (hall have a Contra formam It lieth of a
Collationis upon the fame, as it appeareth in the Book. M. 4 5 Ed. 3. 9 Re
F If an Abbot and Convent alien an Advowfon in Fee, at the next Avoid- 28 Ed. 3.
ance the Founder or his Heir may prefent unto the Advowfon, becatife they Contra for-
cannot fue a Contra formam Collationis. 20 Ed. 3. Con. form. Coll. 6. ma nCollad*
G (a) And if an Abbot and Convent alien the Lands which are given by the onis 6.
King..in Frankalmoigne, fome fay that the King may enter; but it feemeth
that he ought for to fue forth a Scire facias upon an Office found of the faid
Alienation. See the Cafe, fee M 45 Ed. 3. 18.
H (a) And that Writ of Contra formam Collationis is given by the Statute of
WeM. 2. cap. 41. and the Procefs is Summons, GrandCape and Petit Cape..
33 H. 6. 6. -con.
I And a Writ of Contra formam Collationis lieth as well for Land which was as H. 6. .
not given for the Foundation of the Mai Aer., if it were given in Frankal-Lilt. 3
moigne, as for Lands of the Foundation; bu. it ought for to be given in ' soH. 7 6 3

(a) Note,, The King as Founder fhall have
the Benefit of this Statute on an Alienation made
by the Bilhop, with Confent of the Dean and
Chapter in Fee-farm. Dyer 199 38 H. 8. c.
3o. andS5 I. 8. c. r5. See the.Provio there
on Ereaion of a new Chapter. .Qere, 5 CO.
cited in the Margin of Dyer ibid.
Frankalmoigne
486 Writ of Formedon in the Defcender.
Frankalmoignebefore the Statute of Qua emptores, &t. For a Man could- not
give Lands after the Statute of Quia emptores, &c. unto an Abbot or Prior
to hold in Frankalmoigne, becaufe he ought to hold of the Lord Paramount,
of whom the Tenant held before. But the King at this Day may give Lands
in Frankalmoigneto an Abbot or Prior, for that he is not bound by the Sta-
tute. And alfo the King may licenfe his Tenant to give Lands unto an
Abbot or Prior in Frankalmoigne in Fee-fimple, to hold in Frankalmoigne;
for he may difpence with the Statute, and grant fuch Authority to his Tenant
if he will. But it feemeth another Lord cannot grant fuch Licence to his
Tenant, by Reafon of the Interefts of the Lord Paramount: But the King and
all the mefne Lords together may grant Licences unto the Tenants Paravail,
who have the Fee of the Lands, that they may alien the fame to an Abbot or
Prior to hold of him in Frankalmoigne, or to grant the fame unto a lay I
Perfon, to hold of him by certain Services, becaufe that the Statute of Qifia K
emptores, &c. was made only for the Advantage of the Lords, and therefore
they all may difpenfe with the Statute, which fee t. Contra formam Collationis,
Lib. d'Ent. i i9. Apd there it appeareth, that the Heir thall have the A&ion
-againft the Succeffor of the Abbot, who aliened in the Time of his Anceftor.

Writ of Formedon in the Defcender.

TFIEStatuteWritof ofWefim.Formedoncap. in4.x. theandDefcender
2.
is grounded upon the (a) L
lieth where a Man giveth Lands to
one, and the Heirs of his Body begotten: Or unto a Man and a Woman,
and to the Heirs of their Bodies begotten; or unto a Man and a Woman
who is his Coufin in Frank-marriage, by (b) Force of which Gift they are
2 ]s.]feifed, and afterwards he alieneth thofe Lands, or is diffeifed of them, and
dieth; his Heir thall have that Writ of Formedon in the Defcender to reco-
ver thefe Lands given in Tail.

(a) A Formedon lies for a younger Son inhe. atedon in Defcender of the Gift of C. where
ritable by the Cultom, and he thall have a ge. there is no fuch Gift, and dies : If the Iffue
neral Writ, but a fpecial Count. 13 H. 4. brings a Formedon againft a Stranger, and the
Garrant 94. Gift is traverfed, it fhall not maintain the Reco-
(b) A fpecial Writ was on the Refervation of very, bqcaufe he who recovers by Suppofal comes
an Eftate tail by a Fine which is recited in the in paramount the Tenant: But it is otherwife on
Writ, 14H. 4. 31. H 5. io. and fee there a Recovery in Valse by Warranty; for there he
that he need not fhew the Fine. 2 H. 5. 4. againit whom the Recovery is, is as Donor.
See. a fpecial Form of a Writ on a Feoffraent to Kehu. ia .
the Ufee of the Feofor and the Heirs of his Nt; On a Feofiment to the Ufe of one in
Body, and it recites the Feoffment to Ufes; and Tail the Writ thall be general, and the Count
alfo the Statute of 27 H. 8. in the Writ (which fpecial, R *#. 339. and on a Demife, or a Re-
had been better in the Count). F#i ver. Brocket, covery in Value, both the Writ and the Count
Dyer I8 1. thall be general ; but there muft be a fpccial
oe; If . recovers Land againfi 2. by For- Replication. 35 Ed. 3. Brief 324*

And
 Writ of Formedon in the Defender. 487
And fo upon every Gift in Tail of Lands or Tenements, if the Anceflor
doth alien the Lands or Tenements, or be diffeifed or deforced thereof, and
dieth, he who is Heir unto the Lands by Force of the Gift fhall have that
Writ of Formedon in the Defcender againft him who is Tenant of the Lands
or Tenements, or Pernor of the Profits of the fame Lands or Tenements.
But that Writ againft the Pernors of the Profits is given by the Statute of
Anno i H. 7, cap. i.
A And in fpecial Cafe a Man may have a Formedon in the Defcender of the
Profit apprender in any Lands or Tenements, or iffuing out of any Lands or
Tenements: As if a Man grant twenty Shillings or twenty Pounds, iffuing i h21. -
out of any Land or Tenement, unto a Man and the Heirs of his Body begot- zR.2. Dif.
R D
te n, or unto a Man in Frank-marriage with his Daughter. Now if the Donee
alien that Rent, or is diffeifed of the Rent, and dieth, his Heir, who is his
Son or Daughter, fhall have the Writ of Formedon in the Defcender of that
Rent.
B (a) And fo if a Man grants the Moiety of the Profits arifing out of his Mill
unto another Man, and the Heirs of his Body, and the Donee dieth, and his
Heir is deforced of the Profits, the Heir thall have a Formedon in the De-t
fcender for thofe Profits ; and the Form of the Writ is fuch:
The King to the Sherif, &c. Command W. Mier of the Hofpital of Saint
Thomas the Martyr of S. that, &c. be render to I. C. the Moiety of the Ifues
forth coming of two Mills of him the faidMafer in M. which B. fame time Ma-
fer of the Ho/pital, &c. gave to W. of C. and the Heirs of his Body ifuing, and
which after the Death of, &c.
And fo it feemeth, that (b) if a Man granteth to one and the Heirs of his
Body, Paflure for twenty Oxen, or for an hundred Sheep, &c. and the Donee
die, and his Son, who is his Heir, is deforced thereof then he Ihall have a
Formedon in the Defcender , and the Writ fhall be,
The King to the Sherifl &c. Command, &c. that, &c. he render to A. B. Pa-'
flure for twenty Oxen and one hundred Sheep in one hundred Acres of Land in M.
which, &c.
But if a Man granteth Common of Paftere to one and the Heir of his
Body begotten, which hath Cattle, and the Donee dieth, and the Heir is de-
forced of the Common, the Heir thall not have a (c) Formedon in the De-
fcender of the Common, but a Quod permitat, in the Nature of a Formedon,
and fhall count upon the Gift and the efpecial Matter. But the Writ of For-
medon is an Ation aunceftrel: For if he who is feifed by Force of the Tail Ant. Iz4.
be diffeifed of the Land, he fhall have an Affife of Novel Dfltefin, or an Ac- 42 Ed. 3. 20.
C tion of Trefpafs, at his Pleafure, and not a Formedon. And what Manner of cod.b. it
Gift thall be faid a Gift in Tail, and what not, appeareth by Mr. Littleton in otherwife ina
Formedon.
(a) See t6 Ed 3. FormedOn 29. and it ihalt (Z) See a good Diverfity herein, 27 . S. iz.
bind the Efplees in taking the Corn, &c. and per Shel, 4 Ed. 2. Brilf 79;3, 794.
fee there fuppofed that the Corn Mill be turned (c) See a Formedon in Defender of a Scr-
into a Fulling Mill, and he demands the Profits;, jeanty of the Cathedral of Lincoln, brought
yet if Livery had been, he might have demand. againit the Bifbop there, and one 7. S. and ad-
ed the Moiety of the two Millk. 45 Ed. 31 judged, good without being forced to a Zod pei.
Feofments go. Dower 5o. See fuch a Formedon minat. L8 Ed. 3. z7-.
awarded good, E 56. E8 B.ri
 483 Writ of Formedon in the Defeender.
his Chapter of Effate-tail; and therefore it is not neceffary to exprefs the l'ame
here. But the Forms of the Writs of Formedon are many, as appeareth by D
the Regifter, thus:
Vide z Eliz. The King to the Sheriff, &c. Command A. that, &c. he render to B. the Ma-
Dyer 2; 6. nor of N. with the Appurtenances which C. gave to D. and E. his Wife, and the
Heirs of the Bodies of them the faid D. and E. (a) iTuing, and which after'the
Death of the aforefaid D. and E. ought to defcend to the aforefaid B. the Son and
Heir of the aforefaid D. and E. by the Form of the Gift aforefaid, as he faith,
and unlefs, &c.
22 H. 6. 36. (b) And if the Gift be made in Frank-marriage, then the Form of the Writ E
is fuch: Which C. gave to B. in Frank-marriagewith the Daughter of the fame
C. and which after the Death of the aforefaid D. and E. ought to deftend to the
aforefaid B. the Son andifleir of the faid D. and E. &c.
4 9 Ed. 3. 21. (c) And in this Writ of Formedon he ought for to make Mention of every F
48 Ed. 3. 7- Man who was feifed by Force of the Tail, and to name him Son and Heir in
i i H. 472. his Writ, in this Manner': ;nd vhich after the Death of
the aforejaid D. and
46 Ed. 3 . 9 .
2 H. 4. 9. E. and F. the Son and Heir of them the faid D. and E. ought to defcend to the
aforefaid B. the Son'nad Heir of the-fame F. &c.
49 Ed. 3. 21. But if any of the Heirs in Tail were not feifed by Force of the Tail, but G
i H. 4. 72. over-live their Father, and die before' that they enter into the Land, or have
i H. 7.3- any Seifin thereof; then -they need not for to name them Heirs
in Ithe Writ,
46 Ed 9
Ed. 33. 9. but only in this Manner:
27 Ed. 3. 8 . And which after the Deah of-the aforefaid D. and of E. the Son of the fame
D. and of F. the Son of the aforefaid E. ought to defend to the aforefaid B. the
Son of the aforefaid F. (d) and Couin and Heir of the aforefaid D. &c.
i 1 H. 6. 20. And fo he ought always to make the Demandant Coufin and Heir, or Son H
8 Ed. 2. I 1. and Heir to him (e) who was laft feifed of the Tail, as the Cafe is; and the
2 pl foreft Way for the Demandant is, to make every Man who is named in the
Writ,
(al Zod dedit B. & C. uxori eus & heredi- or Confanguinity; but in a Scire facias it is
As quos idem B. de Corp' ipfies C. procrearet, & fuflicient if he fhews it debors, 8 H. 4. 21.
pua pofl mortem pred' B. &. C. & D. .flii bare- Et quod pofl mortem B. & A. flii & hrredis
dis eorum B. & C. decorpore ifa;e C. per ipfum B. predia'B, & C. fii & hxredis eju/dem B. &
procreat', &c. And held good on fuch a fpecial D. confanguinei & heredis predia' C. &c. and
Gift, or otherwife he might have had this fpe. it was abated by Award; contr. if he had fhewn
cial Writ here. 3 Ed. 3. 32. 12 H. 4. x. ad- how Colin in his Count, 1 H. 4. I. 4 9 Ed. 3.
judged. And Noue; If the Writ be adprefat'B. 21. 3 8 Ed. 3. 24. See 5 Ed. 2. Formedon gS.
it Thall abate. 15 Ed. 2. Brief 818. cotr. ii H. 6. 43- 31 Ed- 3. Brief 338. it is
(b) It feems that the Ilue after the fourth De- neceffary that he convey himfelf Heir to the
gree may have a Formedon, fuppofing the Gift Donee in the Writ, and not in the Count only,
to be general; or he Mhay fuppofe it made in ii H. 6. 21. A Gift was to the Grandfather,
Frank marriage. 12 H. 4- 9- and to the Heirs of the Body of the Great Grand-
(c) A. the Great Grandfather was feifed, but father; he ought to make the Demandant Colin
not B. the Grandfather; but D. the Father was and Heir to the Great Grandfather, or elfe each
afterwards feifed, and E. the Son brings a For- one Son and Heir to the other. Dyer 247-
medon, and made each one Heir to the other, (e) See 39 Ed. 3. ;o. accordant. Note ; In a
and held good : Or he may fay, Eo qued pofl Formedon the Demandant ought to make him-
mortem A. & B. flii didi A. & C. fii di8i B. felf Heir to the Donee; and for this fee ix H.
eonfawguixei & &-redi?dii A. prefate D. flio 6. 4i. E que popl mortem-A. & B. flii & be-
& beredi diSi C. defcendere debet, &r. redis difi A. & C. f/ii B. prefateo (the Deman-
(d) So Alts; In this Writ he thews Conage, dant) fdlio & bxredi ditti C. and it was abated
by
 Writ of Formedon in the Defcender. 489
Writ, Son and Heir in, the Writ, although they were not feifed of the Lands
by Force of the Tail ; for it is not material whether they were feifed or not,
although he naine them Heir in the Writ, quod vide Anno 8 and ii H. 6.
And if Tenant in Tail hath Iffue two Sons, and dieth, and a Stranger
abateth, and entreth into the Land; and afterwards (a) the eldeft Son dieth
before he entreth into theLand, the youngeft Son fhall have aWrit of Formedon
in the Defcender, and needeth not name his eldeft Brother Heir to his Father
in the Writ, but only Son, becaufe he never. had Seifin of the Land, but only
held the Eftate; but if the eldeft Brother had entred, and was feifed by Force
thereof, and'died without Heir of his Body; then the youngeft Son who is
his Brother and Heir, ought' to mention the eldeft in the Writ, and him Son' [ 213. 1
and Heir to his Father, and to make himfelf Brother and Heir unto hinm
A And if the Heir in Tail be feifed by Force of the Tail or not, and after N. Br. 141,
enter into Religion, and be prfefled, then"his (b) Heir fhall have a Writ of '44.
Formedon in the Defcender in fuch Form: a Ant. 196.
e And which after the Death of the aforefaid D. and after that E. the Son and
Heir of the aforefaid D. took upon him the religious Habit, in which Habit he
was profefed, as he faith, ought to defcend to the aforefaid B. the Son and Heir
of the fame E. &c.
But if the Father maketh a Feoffment in Fee, or leafeth the Land for Life,'
and entreth into Religion, and is profeffed: Yet his Heir fhall not have a
Formedon in the Defcender, quia habitum religionis afumpfit, &c. during the
Father's Life, .becaufe the Father may lawfully give his Lands during his
Life; and after the Death of the Father, he may bring his common Writ of

by Award. x. Becaufe he did not make himfelf See xo Ed. 2. Defoeati 16. that the younger
Heir to him who was laft feifed. 2. Becaufe Son need not mention the Iffue in this Cafe. So
when B. is fuppofed the only Son and Heir, you 3 5 Ed. 3. Garranty 75. 4 Ed. 2. Formedon 40.
thall not make the Writ repugnant. 3. Becaufe can. i Ed. 2. P. 56 . xzEd. z. Entry 8. 35
the Writ does not make him Heir to the Donor; Ed. 3. Garranty 73. that he who feifed, thall
for it may be that C. was a younger Son; and be faid to hold the Eflate, and no othdr. So
therefore by Marty#, A. the Grandfather Donee 46 Ed- 3* 89 42 Ed. 3. 20. and 37 H. 6.
is feifed, B. the Father being Son and Heir of Brief 132. But 3 rEd. i. Decent 315. Cva.
A. and C. the Son of B. prafate the Deman. i i Ed. 2. Formedon 56. See Bro. Onion, &c.
dant, flio & baredi C. is not good, altho' he io. That if the yelder Brother dies in the Fa-
makes himfelf Heir to him who was laft feifed. ther's Life-time, the younger Son thall not men-
. (a) And fee accordingly adjudged, that he tion him in the Formedon in Defcender or Re-
need not name him feir, or make the younger verter, a8Ed. 2. Frmedon 59. 1 H 4- 12.
Son, who is the Demandant, Heir to him; but Nat. Br. 250. So if the Father does not fur.
there ought to be Mention of him in the Writ vive the Grandfather, theSon need not mention
and Count, becaufe he furvived his Father. the Father in his Writ, 5 Ed. 2. Formedon 51*
4 Ed. 2. Formedon 48. Yet it feems it is in the 8 Ed. z. P. 54.
Eleaion of the Demandant to mention his-Bro- Note; In a Setfa' to execute a Formedon in-
ther that furvived, but held not the Eftate, andRemainder, the TlaintifFxwas driven to make
hld, that the one Writ or the other is good mention of all thofe on whom the Land de-
enough, i i Ed. z. Formedon 5 6. ii H. 4. 7. fqnded in Tail, though they were never feifed.
28Ed. 3. II. per Here, 7 H. 6. 16. accordant; 25 Ed. 3- 4 4 . See o Ed. 2. F. Defients.
but in a Writ of Right it is neceffary that he (b) See according to this Diverfity, Kelw. 104.
be mentioned, i8 Ed. 2. Formedon 59. con, in yet fuch Iffue fhall have Voucher and Age, li-
Mortdaunceflor, and this is a good Writ, &c. in ving his Father, but thall hold the Lands, &c.
Right and Polelion. charged with the Rent granted by his Father. 1b.
R r r Formedon,
490 Writ of Formedon in the Defcender:
Formedon, if he wiU, or that fpecial Writ, quia habitum religionis afUmp', at
his Eleftion, as it feemeth.
And if Tenant in Tail goeth upon Pilgrimage, and dieth in his Journey, B,
his Heir fhall have a Formedon againft a Stranger who entreth and abateth;
and the Form of the Writ fhall be,
And which after the Death of the aforefaid D. and after that E. the Son and
Heir of the aforefaid D. took a fourney of Pilgrimage towards Saint James, in
which Journey he died, as he faith, ought to defcend to the aforefaid B. Son and
Heir, &c.
And if Tenant in Tail hath Ifrue two Daughters, and one of them hath C
Iffue a Son and dieth, and afterwards the'Tenant in Tail dieth, and a Stranger
abateth; now the Daughter and the Son of the other Daughter fhall have a
Formedon in this Form:
Vbat he render to B. and C. one Mefuage which D. &E. and which after the,
Death of the aforefaid E. and of F. one of the Daughters of the fame E. ought to
defcend to the aforefaid B. the other of the Daughters of the aforefaid E. and to
B. the Son of the aforefaid E. and Coufin and Heir of the aforefaid E. 0C.
And if Tenant in Tail hath Iffue two Sons, and dieth, and the eldeft Son D
entreth, and hath Iffhe and dieth, and his Iffue entreth and dieth without
Iffue of his Body, then the youngeft Son, the Tenant in Tail, fhall have
fuch Writ of Formedon, if he be deforced of the Land.
And which after the Death of the aforefaid D. and of E. the Sin andHeir of the
f4id D. and of F. the Son and Heir of the faid E. ought to defcend to the aforefaid
B. the Son and Heir of the aforefaidD. and Couffs/ and Heir of the aforefaidF. (a).
And if a Man give Lands in Tail unto a Woman and the Heirs Males of E
her Body, and of R. her late Hufband, begotten; if the Woman die, and a
Stranger doth abate, her Heir Male begotten by R. her Hufband,, fhall have a
Formedon in this Manner:
Which C. gave to D. who was the Wife of R, and to the Heirs Male of the
Body of her the faid D. and the aforefaid R. fome time her Hujband, efuing, and
which after the Death of the aforefaid D. ought to deft end to the aforefaid W. Son
and Heir of the fame D. of her Body and the Body of the aforefaidR. begotten, &c.
And if a Man give Lands toR. and unto the Heirs which the faid R. fhall F
beget on his firft Wife, then the Form of the Writ of Formedon is fuch:
Which W. gave to R. and to the Heirs which the fame R. Jhould beget of his
firfi Wife, and which after the Death of the aforefaid R. and A. the Daughterof
G. whom he firfi married, ought to defcend to the aforefaid I. Son and Heir of the
fame R. of the aforefaid A. his frft Wife begotten, &c.
And if a Man give Lands unto a Woman, and unto the Heirs which he G
himfelf thall. beget on the Body of the faid Woman, and after they have Iffie
,between them two Daughters, and one of them hath Iffue a Daughter, and
dieth, and after the Donor and Donee dieth, the Aunt and the Niece fhall
join in a Formedon for that Land, if they be deforced thereof 3 and thg Writ
fhall be fuch:

(a) Without faying Maf/al, for it appears by the Writt i I H.6. 4.

Whick
 Writ of Formedon in the Defndee. 491
Which R. gave to 1M. ad to the Heirs tohich he the /aid R. fbould beget of the
Body of her the faid M. and which after the Death of the aforefaid M. and of
A. one of the,Dawghters (a) of the fame M. begotten of her Body by the aforefaid
R. ought to defend to I. the other of the Daughters of the fame M. begotten of her
Body by the aforefaid R. and to I. of S. the Son of the aforefaidA. and Couin and
Heir of the fame M. &c.
.H And if Lands be given to a Man and his Wife, and to the Heirs of their
two Bodies, and they have Iffue a Son, and die, and the Son is feifed, and
hath Iffue three Daughters, which hath Iffue, and die in the Life of their Fa-
ther, and after one of the Daughters.hath Iffue, and claimeth in the Life of
the Grandfather, and afterwards the Father and three Daughters die, the Co-
parceners of the three Daughters thall have a Formedon in fuch Form:
And which after the Death of the aforefaid E. and F. and of W. the Sn and
Heir of the fame E. and F. and of A. M. and K. the Daughtersof the aforefaid W.
and of Sarah the Daughter of the aforefaidM. ought to defcend to the aforefaidA.
the,Daughterof the aforefaid A. and to John the Son of the a/orefaidK. and toW.
Son of the aforefaid S. Coufins and Heir of the a/orefaidWilliam, O-
And if Lands be given to R. and I and to the Heirs of the Bdy of R. be-
gotten, and R. hath Iffue four Daughters, and he and one of his Daughters
-enter into Religion, and are profefled, ,and L dieth, and afterwards one of
the Daughters of R. dieth before they have any Poffeflion of the Lands, and
the other two Daughters do furvive, and are deforced of the Land, they thall
have a Formedon in fuch Form:
Which T. gave to R. and I. and to the Heirs of the Body of him the/aid,R. if
fuing, and which (b) after the Death of the aforefaid I. and after that the afore-
faid R. and Grace, one of the Daughters of the aforefaid R. -tor~k upon them the
religious Habit, and in which Habit they areprofefed, as it is faid; and Alfo afier
the Death of E. another of the Daughters of the aforefaid R. ought to de/end to
the a/ore/aidM. and A. two other Daughters of the fame R. Oc.
K And if the Reverfion of Tenant in Dower be granted to a Man in Tail,
and after the Death of Tenant in Dower he is feifed of the Land by Force of
the Gift, and hath Iffue and dieth, and the Ifue entreth and hath a Daughter
and dieth, and afterwards a Stranger -entreth, and abateth in the Land, the [ 214.]
Heir of the Iffue in Tail fhall have a Formedon in this Form:
Which I. of H. holds in Dower of the Inheritance of I. of S. and which the fame
I granted to W. of S. to bold to him and the Heirs of hit Body iing, and'which
after the Death of the aforefaid I. and W. and of R. the Son and Heir of'the fqmq
W. ought-to de/cend to the aforefaidIfabel the Daughterand Heir of the afojefaid W.
A And if a Man leafe Lands for Life, and afterwards grants the Reverflon in
Tail, and then Tenant for Life dieth: Now if a Stranger abate in the Land,
the Grantee in the Reverfion fhall have fuch Writ:

Ja) Without faying (Et R.) becade he had R. & M. Shall be well enough. 2o Ed. 3.
nothing in the Tail: But if on the thewing it Brief 377.
happens to appear, that R. was Tenant by the (b) Note; The Death of R. ought to be (hewn,
Curtefy, thereon thewing tke Writ Pof mortu or elfe the Writ thall abate, CommendablemJet.
'i H. 6.2 W.
R r r 2Wh
492 Writ of Formedon in the Defcender.
Which I. gave to P. for his Life, and which the fame I. granted to the afore-
Jaid F. and the Heirs of his Body iffuing, to have after the Death of him the faid
P. and which after the Death of the aforefaid P. ought to remain to the aforefaid
F. by the Form of the Gift and Grant aforefaid, &c. (a).
And if a Man leafe Lands for Term of Life, and afterwards grants the
Reverfion in Tail by Fine unto a Man and his Wife, and unto the Heirs which
he fhall beget on the Body of his Wife, and afterwards the Tenant for Life
dieth, and the Hufband and Wife enter, and are feifed by Force of the Tail,
and die, and a Stranger abateth and entreth into the Land; the Heir fhall
have a Formedon, thus:
Which A. gave to B. for the Life of him the faid B. by a Fine thereof in the
Court of Lord E. fome time King of England, before C. and his Companions then
fuices, &c. by his Writ levied, granted to D. and E. his Wife, to have after the
Death of the faid B. to them the faid D. and E. and the Heirs which the fame D.
/hould beget of the Body of her the faid E. and which after the Death of the afore-
faid B. D. and E. ought to de/cend to the aforefaid F. the Son and Heir (b) of the
aforefaid D. and E. of the Body of the faid E. by the aforefaid D. begotten, by
the Form of the Gift and Fine aforefaid, as he faith, &c. (c).

(a) It feems he may have a general Writ in to alledge Efplees in the Donor; but where it is
this Cafe. i iH. 6. 21. fo, he is not prejudiced. 8 Ed. 3. 19. 1o Ed.
(b) See the like Writ awarded good, is Ed.3. 3. 5. 2. He may have in this Cafe a general
Brief 4 7 4 * 4 1 Ed. 3 . Brief 4 5 9 . Writ, fuppoling the Gift to be immediately to
C. and then it is fufiicient to alledge Efplees in
(c) In what Manner Eplees all e a//edged in a C. without Doubt. 9 H. 6- 5 3 4 4 Ed. 3. i.
Formedon. 3. He may count on the fpecial Matter, and
then ought to alledge Efplees in B. and alfo in
In a Formedon in Remainder it is fuflicient the Donee, i i Ed. 3. Formedon 3 z. 8 Ed- 3. s9*
to alledge the Efplees in him who was feifed by Raft. Entr- 363. yet fee a Formedon in Defcen-
the Gift, without alledging them in the Donor; der, where a Reverfion was granted in Tail,
gaod wide 9 H. 6. 53. ii Ed. 3. Formedon 3t. bound the Efplees in fuch fpecial Writ in the
yet the Count is not the worfe, if they are al- Donor, 5 Ed. 3. 17. 4 Ed- 3. 45. and alfo in
ledged in the Donor, 8 Ed. 3. 59. Rafl. Extr. the Leffee for Life, and in the Grantee in Tail
369. 27 Ed 3. 84. and the Reafon in this Cafe 4. A Formedon in Reverter ought to alledge
and in Formedon in Defcender, is, for that Efplees in the Donor, 9 H. 6. 53. and alfo in
the Count thews a Seifin in the Donor. 15 Ed. the Donee.
4. 17. In a Formedon in Defcender, if A. Note; In a Scirefacias to execute a Remain-
gives to B. for Life, Remainder to C. in Tail; der, the Plaintiff was driven to make mention of
B. dies, and C. enters and dies, and the Ilie all thofe on whom the Land defcended in Tail,
brings Formedon in Defeender; and held, i. In although they were not feifed. 25, Ed- 3. 4+*
so Cafe in Formedon in Dcfcender is it neceilary See io Ed. z. Defexn.

Another
 493
Another Writ of Formedon in the Defcender.

B CHERE is another Writ of Formedon in the Defcender, which is called

I a Writ of Formedon of Land, which he holdeth in Coparcenary, and
that Writ lieth properly where Tenant in Tail dieth feifed, and hath Iflue
many Daughters, and they enter, and make a Divifion and Partition of the
Land betwixt them, and one of the Coparceners after the Partition doth alien
her Part, and dieth; her Heir thall have that Manner of Writ of Formedon,
ard that Writ lith for Lands given in Frank-marriage, as well as for other
Lands given in Tail.
And if Lands in (a) Gavelkind be intailed, and defcend to many Brethren,
as Heirs to their Father, and they make Partition betwixt them of the Lands,
and afterwards one alieneth his Part, and'dieth, his Heir fhall have a Forme-
don of that which they held in Parts; and the Form of the Writ is fuch:
rhe King, &c. Command A. that, &c. he render to B. eighty Acres of Land
with the Appurtenances in D. which (b), together with other eighty Acres of Land
with the Appurtenances in the fame Town, L. gave to T. in Frank-marriagewith
I. the Daughter of the aforefaidL. and which after the Death of the aforefaid T.
J. and of M. the-Daughterand one of the Heirs of them the faid T. and I. (who
held them for her Purpartyfaling to her of the aforefaid one hundred and fixty
Acres of Land, by Partition hetween her the faid M. and R. the Si/fer of the
fame M. the Daughter and other Heir of the aforefaid T. and I. thereof made)
ought to defcend to the aforefaidSon and Heir of the faid M. &c.
C And if two Coparceners be Tenants in Tail by Defcent from their Father or
Mother, and afterwards they make Partition, and one Coparcener hath Iffue,
and dieth, and the other Coparcener dieth without Iffue, the Heir of that Co-
parcener who hath Iffue fhall have a Formedon in this Form:
And which after the Death of the aforefaid T. and I. and of K. the Daughter
and one of the Heirs of them the faid T. and I. (who held the fame for her Pur-
party falling t6 her of the aforefaid one hundred andfuty Acres of Land, by Par-
tition between her the faid K. and M. the Sifter of the faMe K. the Daughter and
other Heir of the aforefaid T. and I. thereof made) aid of thaforefid M. ought
to defcend to the aforefaid G. the Son of the aforefaidM. and Coun and Heir of
the aforefaid K. &c.
And it appeareth by the Regifter, that a Many, fhalliave a Writ of For-
medon of Land which he held' in Partition by the Name of the Moiety in
fpecial Cafes; as where two Coparceners are Daughters of Tenatit in Tail;
and they make Partition between them of the Land, and afterwards one Sifter
dieth without Iffue, and- the other Sifter alieneth the Land, and bath Iffue and
dieth; the Iffue of the Coparcener who had Iffue, fhall have a Formedon of
all the Lanid in Tailin thisForm:

(a) He ought to thew in his Count, that the the Lands in iee-in plea're allotted to the elder
Tenements are partible, but nor in the Writ. Son, and all the jtailed'Lands to the younger,
as H. 6. 44. . I who' aliens and dies, without faying weI umi,
(b) Net
M; The Form of the Writ, when all Lff. 2o H. 6. I 3.
494 Another Writ of Formedon in the Defcender.
The King to the Sheref, &c. Command F. that, &c. he render to H. ten Me.
fuages and twenty Acres of Land with the Appartenances, &c. which I. gave to A.
and the Heirs of his Body ifuing, and which after the Death of the aforefaid A.
and of M. the Daughter and one of the Heirs of the fame A. who held a Moiety
of the afarefaid Mefuages and Lands for her Purparty, and of B. the Daughter
and the other Heir of the aforefaid A. who held the other Moiety of the fame Mef-
fuages and Lands for her Purpary, by Partitionthereof between them made (which
faid B. as Sjtler and Heir of the faid NI. held the Moiety aforefaidfalling to the
aforefaid M. after the Death of the faid M.) ought to defeend to the aforefaid
H. the Son and Heir of the aforefaid B. &c.
And the Writ is good, becaufe by the Death of one Sifter without Iffue the
Partition is made void, and the other thall have the whole Land as Heir in Tail.
And if a Man give Lands in Tail unto I. his Daughter, and to the Heirs of D
her Body, and I hath Iffue two Daughters, and dieth, and they enter and make
Partition between them, and afterwards one of the-Daughters hath Iffue two
[215.] Daughters, and one of the two Daughters hath Iffue four Daughters, and die,
and afterwards the Aunt who was one of the Daughters of the Donee dieth
without Ifflue, &c. and a Stranger abateth; the four Daughters, and the Iffue
of the other Sifter, fhall have a Formedon in fuch Form:
That, &c. he render, &c. three Mefuages, one hundred Acres of Land, and
twenty Acres of Meadow, and one hundred Shillings Rent, with the Appurtenances
in N. which together with the Manor of B. with the Appurtenances, A. gave to I.
his Son and to the Heirs of his Body puing, and which after the Death of the
aforefaid I. and of C. the Daughter and one of the Heirs of the fame I. (who held
the fame for her Purpartyfalling to her after the Death of the aforefaid I. of the
faid Manor, Mefuages, Land, Meadow and Rent, by Partition between her the
faid C. and D. the Daughter and the other Heir of the fame I. thereof made) and
of the aforefaidD. and of A. and E. the Daughters of the faid D. ought to defcend
to the aforefaid Margaret, Margery, Katherine and Conftantine, the Daughters
of the aforefaid A. (and T. Son of the aforefaid E.) and Coufins and Heirs of the
aforefaid C. &c.
And if the Moiety of any Land be given to the Hufband and Wife, and A
unto the Heirs of their two Bodies begotten, and they have Iffue four Daugh-
ters, and die, and the Sifters enter and make Partition betwixt them, and af-
terwards the two Sifters die without Iffue, and the third Sifter alieneth, and
dieth without Iffue; the fourth Sifter ihall have a Formedon in this Form:
And which after the Death of the aforefaid Roger and Agnes, and of Alice B
the younger Daughter and one of the Heirs of them the faid Roger and Agnes,
{which fame Alice the younger held the faidfourth Partfor her Purpartyfalling
to her of the aforefaid Maiety, by Partition between her and Ifabel and Alice the
elder and the ajorefaidMaud, the Daughters and three other Heirs of the afore-
faid Roger and Agnes his Wfe, thereof made) and of the aforefaidIfabel Daugh-
ter of Roger, and of Alice the elder, ought to defeend to the aforefaid Maud the
Safler and Heir of the jame Alice the younger, &c.
And to make a full Declaration of the Cafe of Formedon in the Defcender,
upon which the Writ is fonded, it is neceffary to have the Pedigree made in
the Writ, which you fhall fee here following:
Hemy
2
 Aother Writ of Armedon in the Defcender. 495
Henry Rufel.
Elizabeth his Wife.

Henry Rufd.

.0ean. John. Alice.

Joan, Maud Margaret,\
Josh married Will. Harper.
Gifrd. to F.
I A
Roger. Joan, Thoma.fi, Margery, Ifabe4
yobs, fames, Thomas, Thomas,
-

Botre. Penros. Cole. Trevthe.

Henry Ralph.
G~fl'ord. reeethes.

Henry Ruffel gave Land to Henry Rufer and to Efizgbeth his Wife, to Henry
their Son, and to the Heirs of the faid Henry the Son of his Body lawfully
begotten, and died, and after Henry Rufel the Father and Mother died, and
Henry Rufel the Son was feifed by Force of the Tail, and had Iffue Pan, Johra
and Alice, and Alice had lIffe oan, Maud ard Margaret, and :ban was mar-
ried to 7ohn Gfford, and had Iffue Roger Giford, who had Iffue Henry Gfford;
and Maud was married to F. and had Iffue Joan, married to John Botreux,
T'homafin married to James Penros, Margaret married to fbomas Cole, and Ifa-
bel married to frevethen; and Ifabel had Iffue Ralph rrevethen , and Margaret
was married to IWilliam Harper: And Henry Rufel the Son died, and Johs
his Brother entred and was feifed by Force of the Tail, and died, and a
Stranger abated, and all the Heirs in Tail arc dead, but MargaretHarper,the
Wife of William Harper, Henry Gfford, fTomafin married to James Penros,
Joan Botreux married to John Botreux, and Margery Cole married to Thomas
Cole, Joan, Margaret, and Ralph Son of the faid Iabel; now thefe Coparce-
ners fhall join in the Formedon, and the Writ fhall be fuch:
The IGng to the Sherf, &c. Command Reginald Rees that, &c. he render to
William Harper and Margaret his Wife, Henry Gifford, James Penros and
Thomatin his Wife, John Botreux and Joan his Wife, Themas Cole and Margery
his Wife, and Ralph Trevethen, the Manor of R. with the Appurtenances, which [ z6.]
Henry Ruffel gave to Henry of Ruffel and E. his Wife, and to Henry the Son of
them the faid Henry of Ruffel and Eliz. his Wife, and to the Heirs of the Body of
him the faid Henry the Son of Henry afaing, and which after the Death of the
afore/aid Henry of Ruffel and Eliz. his Wife, and of Henry the &n of Henry,
and of John the Son and Heir of the fame Henry the. Sn of lHenry, ad of Joln
the Brother and Heir of the fame John the Son of Henry, and of Alice the Siffer
of the fame John the Brother of John, and of Joan one of, and of Maud the other
of the Daughters of the fame Alice, and of R6er the Son of the aforefaidJoan the
Daughter
496 Writtf. Infimul tenuit.
Daughter of Alice, and of Joan one of the Daughters of the aforefaid Maud,
ought to defcend to the aforefaid Margaret the Wife of William, the third of the
Daughters of the aforefaid Alice, to Henry Gifford Son of the aforefaid Roger,
and to Thomafin the Wife of the faid James, and to Joan the Wife of the faid
John, and to Margery the Wfe -of the faid Thomas, the otherDaughters of the
faid Maud, and to Ralph the Son of the faid Ifabel Daughter of Maud, and
Coafin and Heir of the aforefaid John the Brother of John, &c.

Another Writ af Formedon in the Defender, called

Infimul tenuir.

T of Formedon in the Defcender, A

Writtenuit;
HERE another
which isiscalled Manner
Formedon quiofinfimul and that Writ lieth by one
Coparcener, or by one Heir in Gavelkind of Lands intailed, where they hold
the Lands intailed in Coparcenary without any Partition made between them
of the fame, and afterwards one Coparcener doth alien her Part unto a Stranger
in Fee, and dieth without Ifrue, or hath Iffue, and dieth ; or if the dieth
feifed, and hath Iffue, and a Stranger doth ouft the Iffue, or the other Co-
parcener doth put out the Iffue, the Iffue, or he who is Heir to she Tail of
thofe Lands, thall have that Writ of Formedon againft the Stranger, or the
other Coparcener, who deforced her of the Land.
The King to the Sherif, &c. Command the Abbot of Weftminfter, &c. that,
&c. he render to B. and 1. his Wife, two Parts of thirty Shillings Rent of one
thoufand white Loaves of Bread of the Price of twenty Shillings, and of five Flag-
gons of Ale of the Prize of ten Pence, with the Appurtenancesin B. which together
with a third Part (a) of the fame Shillings Rent, Bread and Ale, with the Ap-
purtenances in the fame Town, A. gave to G. and B. his Wife, and to the Heirs
of the Bodies of them the faid G. and B. ifuing, and which after the Death of
the aforefaid G. and B. and of R. the Son and Heir of them the faid G. and B.
and of T. the Daughter and Heir of the fame R. and of W. the Son and Heir of
the fame T. and of M. the Son and one of the Heirs of the fame W. (who held
thofe two Parts and the faid Part together with K. the Daughter and the other
of the Heirs of the aforefaid W.) and of D. Daughter and Heir of the fame M.
and of the aforefaid K. Aunt of the aforefaid C. and of F. Daughter of the fame
K. ought to defcend to the aforefaid I. the Daughter of the aforejaid F. and Cou/in
and Heir of the aforefaid D. by the Form of the Gift aforefaid, &c.
And by that Writ it feems, that 1. is feifed of the third Part of thofe Rents; B
and bringeth this Writ of two Parts of that Rent.
And there is another Writ of Formedon and Infimul tenuit, where he fhall
make his Demand by the Name of the Moiety, and that is where one Co-
parcener is deforced of her Part, and the other Coparcener is in Poffefilion of
her Part; and the Writ is fuch:

(a) Net; Thefe Words are neceiry. 5 H. S. 8.

2 Command
 Writ of Infimul tenuit. 497
Comm1and the Abbot of Weftminfter that, &c. he render to B. and I. his
TWife, the moiety of thirty Shillings Rent, and of the Rent of a Thoufand white
Loaves of Bread of the Price of ten Shillings, and of five Flaggons of Ale of the
Price of ten Pence, &c. with the Appurtenances in the City of Weftminfter,
which together with another Moiety of the fame thirty Shillings Reni, and of the
Rent of Bread and Ale, with the Appurtenances in the fame City, A. gave to G.
and B. his Wife, and to the Heirs of the Bodies of them the faid G. and B.
ifuing, and which -after the Death of the faid G. and B. and of F. the Son
and Heir of the fame G. and B. and of T. the Son and Heir of the fame F. and
of W. the Son and Heir of the fame T. and of R. the Son and one of the Heirs
of the fame W. (who held the fame, and the aforefaid other Moiety, together
with M. the Daughter and the other Heir of the aforefaid W.) and of E. the
Son of the fame R. ought to defcend to the aforefaid I. the Daughter .of the
aforefaid E. and Coufin and Heir of the aforefaid R. &c.
C And it appeareth by that Writ, that one Coparcener fhall have the Writ of
Formedon in the Injimul tenuit againft a Stranger upon the Poffeffion of his An-
ceftor, without naming the other Coparcener who hath her Part in Poffeffion.
And if a Man do bring a Formedon in the Defcender upon the Seifin of his
Brother, and as Heir to his Brother; he fhall not mention in the Writ, that
his Brother is dead without Iffue: But if a Man bring a Formedon in the
Defcender as Coufin and Heir to him, he ought to mention in the Writ how
he is Couin an Heir to him, and he ought to make himfelf Heir to him who
was laft feifed, and that by the fame Writ.
D And a Man thall have a Formedon in the Defcender upon a Gift in Tail
made after the Statute de Donis, if the Alienation be made after the Statute,
and not before.
E And if Lands in Tail defcend to two Coparceners, and one entreth into the 40 Ed. 3. .
whole, and the other hath Iffue and dieth, and the which entreth into the 4 Ed. 3.9.
whole dieth without Iffue, the Iffue of the other Coparcener fhall have feveral contr. 43 Ed.
16, 17,
(a) Writs of Formedon, one of Seifin of the Grandfather, and in that Writ he 19 H. 6. 45.
ihall not fay Infimul tenuit, &c. becaufe her Mother was never feifed ; but of
the other Moiety of the Land of the Seifin of her Aunt, the Writ fhall fay,
T Qui infimul tenuit with her Mother; for that Seifin was a Seifin to her Mother,
if he would, &c. And if one Coparcener after the Death of the Anceftor
enter into the whole,- and alieneth in Fee, and dieth without Iffue, the other
Coparcener thall demand the Moiety as Heir unto her Father, and the other
Moiety as Heir unto her Sifter.

(a) See accordingly adjudged, 4o Ed. 3. 8. dis of the Donee for the one Moiety, and for the
where'the Cafe is, Donee in Tail had Ifue two other to B. the Heir of A. qui iieal, &c. ad-
Daughters A. and B. A. enters into the Whole, judged, 43 Ed. 3. s6, 17. Yet fee per Car.
and aliens in Fee, and dies without Iffue, B. 19'H. 6. 45. if the one Parcener enters into the
has Iffue C. and dies, C. brings a Formedon, Whole, and after dies, and the other has Iffue
Ru p Mort. A. Donee and B. fli --of the and dies, the Iffue thall have a Formedon againft
Donce defend' debet to the Demandant (of one the Tenant in Poffeffion of her Mother, foppoling
Moiety) and for the other Moiety, Qa pol aud infimal tensit with the Aunt, for the Pofef-
Mort. of the Donce, and A4. fdiw & miu bare. fion of one is the Pofellion of the other.

. Sff And
 498 Writ of Infimul tenuir.
[2 17.] And if the Heirs in Tail of Gavel-kind bring a Formedon in the Defcender, A
the Writ 1hall be of common Form, as the Writ of Formedon brought by
Sifters, and in the Count he fhall thew the Cuftom.
A Formedon fhall be brought of Gorfes, but not of an Advowfon. R
And if Tenant in Tail be indebted to the King, in the Exchequer, and
dieth; and his Heir entreth into the Lands, and is diftrained in the entailed,
Lands for the King's Debt: Now if the Father's Executors have Affets or
Goods, or if the Father hath Lands in Fee-fimple in the Hands of others,.
which he hath aliened ; the Heir in Tail Ihall have a fpecial Writ unto the
4 EIiz. z4o.b. Treafurer and Barons of the Exchequer, rehearfing the whole Matter; com-
accordant, but manding them that they do enquire thereof; and if it be true, that they do C.
o249. pC fluceafe to charge- him upon the entailed Lands; and the Writ is fuch:
contra. The King to his Treafurer and Barons of the Exchequer, greeting: R. the Son
of I. of W. hath fhewed unto us, That although he doth not hold Lands or
Tenements which were his the aforefaid I.'s, faving twelve Mefuages and two
Ploughlands in I. with the Appurtenances, which the aforefaid I. and C. his
Wife, Mother of the aforefaid R. whofe Heir he is, held to themfelves and to the
Heirs of the Bodies of them the faid I. and C. &uing, of the Grft and Grant of
H. of C. by a Fine thereof levied in the Court of Lord E. &c. our Grandfather,
and which after the Death of the aforefaid I. and C. came to the Hands of him
the faid R. by Virtue of the Fine aforefaid; you neverthelefs dyifrain him the faid
R. in the Lands and Tenements aforefaid, which are fo holden in Fee-tail,for
one hundred Pounds to us for Arrearages extended by you of the Manor of Orford,.
of the aforefaid I. after we took upon us the Government of the Realm; and the
Tenements aforejaid, fo given and granted to the faid I. and C. in Fee-ail, are
committed to be rendered, you omitting as well the 1nheritance of the aforefaid.I.
as the Tenants of the Lands and Tenements which were of him the faid I. in,
Fee-fimple, which of Right ought to be charged with his Debt, and have fuficient
whereof thofe Debts may be levied, and difquiet and unjuftly agrieve him many
Ways upon that Occafion,. &c. whereupon he hath befought us to provide for him a
Remedy: We being unwilling that the aforefaid R. Jhould be injured. in this
Matter, command you, that if it Jhall appear to you in a legal Manner, that the
Mefuages and Lands aforefaid were given and granted to the aforefaid I. and
C. in Manner aforefaid, and that he the faid R. doth not hold any other
Lands and Tenements which were of the aforefaid I. faving the fame Mefuages
and Land, which came to his Hands by Virtue of the Fine,. and that the faid:
Heir or the Tenants aforefaid, have fufficient whereof the faid Debts may be,
levied, as is before fazid, then caufe the faid R. to be difcharged and acquitted of
the aforefaid one hundred Pounds towards us, charging theft who, thereupon, of'
Right ought to be charged, as }ball be jufl. Witnefs, &r.
And by that Writ it appeareth, that if the Heir or the other Tertenants-
were not fufficient for to pay the Debt, the Lands which the Heir hath in,
*Eli;.
4 240. Tail thall be charged ; for fome fay that the King is not bound by the Statute
of Dvnis, &c. but that he is in the fame Cafe he was before j-uare thereof (a).

(0), oie.; Stat. 33 H. 8. c. 39. makes the Heir in Tail liable.

And,
 Writ of Formedon in the Remaindeter. 499
And if a Man do alien his Lands in Fee, and afterwards become indebted
to the King, &c. If the Alienee be diftrained for that Debt, he fhall have a
fpecial Writ to the Treafurer and Barons of the Exchequer, rehearing the
whole Matter, commanding them for to furceafe, &c.
And fo if a Man be difirained for a Debt or Duty due to the King, as
Executor, or as Pledge for him who is the King's Debtor, he Ihall have a
fpecial Writ unto the Treafurer and Barons of the Exchequwr to inquire there-
of, and to do Right (a).

Writ of Formedon in the Remainder.

D T HE Writ of Formedon in the Remainder lieth, where a Man giveth
I Lands to one in. (b) Tail, the Remainder unto another in Tail, and after-
wards the firft Tenant in Tail dieth without Iffue of his Body, and a Stranger
doth abate and deforce him in the Remainder; he in the Remainder, or his
Heir, fhall have that Writ of Formedon in Remainder. And fo if the firft
Tenant in Tail alieneth in Fee, and dieth without Iffue of his Body begotten.
be in the Remainder in Fee fhall have a Writ of Formedon in the Remainder
to recover his Eftate, &c.
E And if a Man giveth Lands, for Term of Life, the Remainder to another,
and the Heirs of his Body begotten, and the Tenant for Life. dieth, and'a
Stranger abateth and deforceth him in the Remainder, that he cannot enter,
he in the Remainder, or his Heir, Ihall have a Formedon in Remainder to
recover his Eftate, &c.
So- if a Man make a Gift in Tail, the. Remainder' in Fee to another, and
the Tenant in Tail alieneth in Fee or in Tail, or for Life, and dieth without
Iffue, he in the Remainder, or his Heir, Ihall have &IFormedon in the Re-
mainder to recover that Land.
And it feemeth the fame Law thall be, if a Man leafe Lands for Term of
Life, the Remainder to another in Fee, and the Tenant for Life doth alien
in Fee, or in Tail, or for Life, and dieth, and a Stranger abateth and defor -
ceth him who ought for to have the Remainder; then he in the Remaindr. or
'his Heir, fhall have a Formedon in the Remainder to recover that -Land;
andweid 24 Ed. 3.
And that appeareth to be but reafonable, becaufe he bath Right for to have -
the Land; and then it is but Rtafon that he have an Ation for to recover
the, fime: And that appeareth by the Statute of Wefl 2. cap. 24. which
willethi god quotiefcunque de caters evenerit in Cancellar'quod is uno cafu'reperit'
breve, in confimili cafu cadense fub ecdem jure, & fimili remedio indigente; com-

(a) Note; Regularly, where- Procefs is by turns betweau the Tefte ad Return, nd it fhai!
Summons, Attachment, and Capias (Diffrefs) be a Si/iceit te Securum. DfeP ap.
after Nibil returned on the Summons, a Capias (h) And, fo it is, if the Ue of the Ifue i,4
thall iffue. 2 1 H. 6. 56. Tail dies without Tue, for then on the whole
Note alfo; If the original Formedon be re- Matter, the Tenant in Tail is dead without
turned Yarde, the Sum-mons firit alias is inftead lifue;Tidis
by witou
Dyer 4 Icfr
Elba 233. hn on
tenol
of a new Ori(inab,and the)e be nine Re- Atiall
E f f 2 -cordent
 ,oo Writ of Formedon in the Remainder.
cordent Clerici in Canc' in brevi faciend'. For which it feemeth that fuch
Writs are granted.
And alfo upon the Statute of Donis conditionalibus, there is not the Writ of A
Formedon given by exprefs Words, but a Writ of Formedon in the Defcender;
but yet it was never doubted, but that if a Man make a Leafe for Life, the
Remainder in Tail to another, that he in the Remainder in Tail, or his Heir
thould have a Writ of Formedon in the Remainder, after the Death of the
Tenant for Life, if he were deforced of the Land; and that is by Equity of
the Statute of Donis, as it feems: For no Formedon in the Remainder is given
by any Statute; and therefore it feems it thall be taken by Equity of the
Statute ; yet fome have doubted thereof ; and the Form of the Writ for him
who claimeth the Remainder in Fee-fimple, after the Eftate-tail determined,
is fuch:
Tlhe King to the Sherif, &c. Command A. that, &c. he render to B. one Mef- B.
fuage, twenty Acres of Land, &c. which C. gave to D. and to the Heirs of his
Body ifuing, fo that if the faid D. fhould die without Heirs of his Body ifaing,
the aforejaid Mefuage and twenty Acres of Land with the Appurtenances, jhould
remain to the aforefaid B. and his Heirs, and which after the Death of the afore-
faid D. ought to remain to the aforefaid B. by the Form of the Gift aforefaid,
becaufe the aforefaid D. died without Heir of his Body ifuing, as it is faid, and
unlefs, &c. then fummon, &c.
And for the Heir of him upon whom-the Remainder was entailed,, thus-:
(a) Adnd which after the Death of the aforejaid D. and B. ought to remain
to the aforefaid 1. Son and Heir of the aforefaid B. by the Form of, &c. becaufe-
the aforefaid.D. died without Heir of his Body ifuing, as it is faid, and unlefs,
&c. (b).
And if a Leafe be made for Term of Life, the Remainder unto another, C7
and unto the Heirs of his Body begotten ; now after the Death of Tenant for
Life, if he in the Remainder be deforced of the Land by Abatement of a
Stranger, then he fhall have fuch Writ:
Which A. gave to B. for the Life of him the faid B. fo that after the Death of
him the faid B. the [aid Meffuages, and twenty Acres of Land with the Appurte-
nances, fhould remain to D. and to the Heirs of his Body afaing, and which after
the Death of the aforefaid B. and D. ought to remain to the aforefaid W. the Son
(c) and Heir of the fame D. by the Form of, &ce
& 9ra. And if a Reverfion be granted to another in Tail, and the Tenant for Life D
,Dyes 1z5. dieth feifed, and the Stranger abates and enters the Land ; the Grantee in Re-
6fEd. 3- 5 verfion fhall have a Formedon in fuch Form:
Which G. gave to T.. for the Life of him the faid T. and which the fame G.
afterwards granted to the aforefaid P. and M. fome time her Hufband, to have
after the Death of the aforefaid T. to the aforefaid P. and M. and to the Heirs

(-a) See 5 Ed. 3. z. 6 Ed. 3. 9. 7 Ed. 3. 4. to D. he may fay ut confanguine & heredi pre.
The Writ is good without faying per Mortem B. dii' D. or he may fay, remanere debet diso Fill
for that is fuppofed by faying FiRus & Heres. & Heredi G. flii E ~bredis diii D. &c. Ad-
See as H, 6. 43. judged int' Fr&e and Bine d.
(b) See 3x Ed. 3. Brief 28. In Defcender Nob; The pojf Mortem is fufficient for the
in a &ire facias. Eftate for Life, without thewing the Death with
(c) Note If he demands as Coulin and Heir the ogeued, &fc.D_1yer 349.
 Writ of Formedon in the Remainder. 5or
of the Body of them the faid P. and M. iffing, and which after the Death of the
aforefaid T. ought to remain to the aforefaid M. by the Form of the Grant afore-
faid, &c.
E And if A. give a Manor except thirteen Shillings and four Pence Rent to
R. and I. his Wife, and to the Heirs of their two Bodies begotten, and the
Remainder to one I in Fee, and afterwards R. aliens one Houfe and one Acre
of Land to one Man, and three Acres to another, and two Acres of Land to a
third Perfon, and the Refidue of the Manor unto one B. in Fee, except the
Rent of thirteen Shillings and four Pence, and afterwards the Hufband and
Wife die without Iffue betwixt themn he in- the Remainder fhall have fuch
Writ againft the Alienee.
Command D. that, &c. he render to- L,the Manor of F. with the Appurtenances,
except one Mefage, fix Acres of Land, and thirteen Shillings and four Pence Rent
in the fame Manor. And Command G. that, &c. he render to the fame I. one
Meuage and twenty Acres of Land with the Appurtenances in F.. And command
T. that, &c. he render to the fame I. threeAcres of Land, &c. And command
L. that, &c. he render to the fame I. two Acres of Land with the Appurtenances,
&c. which A. gave to R. and I. his Wife, and to the Heirs of the Bodies of them.
the faid R. and I. ifuing, Jo that if they the faid R. and I. Jhould die without
Heirs of their Bodies, &c. (a) the aforefaid Mejfuages, fix Acres of Land and
Manor, except the MfIeage, fix Acres of Land'and Rent a/orefaid,./hould remain
to the aforefaid I. and his Heirs, &c.
And by that it appeareth, that a Man thall have aWri'r of Formeden in
Remainder againit feveral Tenants by divers Precipes in one Writ.
And if a Man leafe Lands for Life, the Remainder in Tail,, &c. the Re--
mainder over in Fee to another, and the Tenant for Life dieth,. and the Te-
nant in Tail alieneth in Fee, and afterward's the Alienee doth alien two Parts of
the Land to one Tenant, and the third Part of the Land to another Tenant,
and then the Tenant for Life dieth,. and then the Tenant in Tail dieth without
Ilfue: He in the -Remainder in Fee fhall have a Formedon in the Remainder,
in fuch Form:
Command A. that, &c. be renkr to B; twotParta of one Meffage- with the
Appurtenances in N. Command E. that, &c. he render to the fame B. the third
Part of one Meffuage with the Appurtenances in the fame !rown, which D. gave
to C. for the Life of him the faid C. fo that after the Death of him the faid C..
the aforefaid two Parts and third Partjhould remain to the aforefaidF. and to,
the Heirs of his Body aUing, and if the faid'F. fhould die without Heirs of his
Body ifuing, the aforefaid twa ParisaidthirdPartJhould remain to the aforefaid
B. and his Heirs, and which after the Death of the aforefaid C.. and F. ougkt (b)
(a) Nota as; A joint Conclufion to feverar tziled, or come to him pre1tntr on the Death of
Prrcipes, becaue the Title is in one. 8 R. z. A if he will. And Nte; in this Writ no Men-
.Brief 929. tion is ofte Death of c (who had but an Ef-
(b) But if the Remainder had been in Tail to tate for Life)'in the Eo qued Dyer 3 4. A Gift
the Heirs of the Body of F. and C. had died was to J, in Tait, the.Remaindbr to B. and C.
Living F. A. need net make Mention' thereof. in Tail, the Ifi of B. bring a Formedon in
38 d. p z6. And' by Paftn, 3 H. 6. z. if Remainder, Et law peft Mort. A. & B. & C.
Land be given to A. for Life, Remainder to B. pr'vfkto pauat fie & haredi B. rnar'
in Tail, Remainder to C. in Fee, and B. dies Debet, &r. EO IWd predi,9' A. abat fine, &.
without INue living A. and afterwards A. dies, and held good without fhwing the Death of C.
C have &WritiT the Remainder w the Eem
in heppofinR nd
 oWrit
501 of Formedon in the Remainder.
to remain to the aforefaid B. by the Form of the Gift aforefaid, becaufe the 4fore-
faid F. died without Heir of his Body, as it is faid, and unlefs, &c.
And by that appeareth how that he Ihall have one Writ by feveral Precip,'
againft feveral Tenants.
If a Man leafe to one twenty Acres of Lands for Life, and dieth, and the F
Reverfion defcendeth to his Brother, and he dieth, and the Reverflion defcend-
[ 19.] eth to his two Siffers, and they do make Partition of the Lands, and ten Acres
are affigned to ;one Sifter to- have to her and her Heirs, and the other ten
Acres are allotted to the other Sifter and her Heirs; and one of the Coparce-
ners grants the Reverfion of her Part and ten Acres to a Man and his Wife,
and the Heirs of their two Bodies begotten, and afterwards the Tenant for
Life dieth, and a Stranger doth enter and abate in the Land ; the Hufband
and the Wife who are in the Remainder, thall have a Writ of Formedon in
the Remainder in this Form:
Command R. of N. that, &c. he render to K. and A. his Wife, ten Acres of
Land with the Appurtenances in M. which together with other ten Acres of Land
with the Appurtenances in the fame fown, R. of S. gave to W. for his whole
Lefe, and which M. of B. Sifter and one of the Heirs of N. of S. Brother and
Heir of the aforefaid R. of S. (to which faid M. the Reverflon of the aforefaid
ten Acres of Land, was afigned for her Purparty falling to her of the aforefaid
twenty Acres of Land, by Partition between her and Lucy the Siffer, and the
other Heir of the aforefaid N. of S. thereof made, after the Death of the faid
W.) granted to dse aforefaid K. and A. and to the Heirs of the Bodies of them
the faid K. and A. iffuing, to have after the Death of the faid W. and which
after the Death of the fame W. ought to remain to the faid K. and A. by the
Form of the Grant aforefaid, as they fay, and unlefs they will do it, &c. and the
faid, & c.
And if he who hath the Remainder, or his Heir, be once feifed of the A
Lands by Force of the Remainder; then he fhall never have a Formedon in
(a) Remainder for that Land, but a Formedon in Defcender, becaufe the Re-
mainder is once executed. And no Tenant thall have a Formedon in Defcen-
der, nor in Remainder, where he is once in Poffeffion by Force of the Entail,
or by Force of the Remainder; for after that, he hath Poffeffion of the Land
by Force of the Tail or by Force of the Remainder; if he be put out, he
fhall have an Affife of Novel DiFeifen, or the Writ of .Quibus, in the Nature
of an Aflife, &c.
(b) If a Remainder be given to two or three Heirs, and one dieth, and the B
other furviveth and afterwards dieth, his Heir thall have a Formedon in the
Remainder, as Heir to him, without mentioning in the Writ that he furvived
the other Joint-tenant, &c.
Plow. z- a. And in a Formedon in the Remainder, he ought for to fhew the Deed C
thereof, if the Demandant do require Oer (c) of the Deed, but in the Count
he
(a) In every Vrit, if he makes Mention of a and ought to fbew the Survivor in his Count.
Remainder, he ought to fuppofe the Donce dead *2 Ed. 3. 28. 38 Ed. 3. 26.
without ifue of his Body. 39 Ed. 3. 27. (c) And fo, though it be after View, and Aid
(b) But he ought to make the Remainder. of the King granted. 18 Ed- 3. 34. But Net;
tailed, as come to both of them by his Writ, The Tenant ihall havc no Anfwor as to the
Deed;
 W0rit of Formedon in Reverter. $10o
he lhall not fpeak of any Deed,; but the Tenant ought for to demand Oyer
thereof, and then the Demandant thall fhew the fame, and in the Count thall
not mention the Deed.
D And if the Remainder be once executed in the Writ of Formedon in the
Defcender, he fhall never mention that Remainder, but the general Writ of
Formedon ihall ferve in thatCafe, as appeareth. by the Rule in the Regifter (a).

Writ of Formedon in Remerter.

E T HE Wnit of Formedon in the Reverter lieth where one giveth Lands to Ant. 196'. .
Ia Man in Tail, or in Frank-marriage with his Daughter,. and afterwards
the Donee, or his Heirs, dieth. without Iffue of his Body; then the Donor or
his Heirs may bring a Writ of Formedon in the Reverter aginft him who is Ant. a1. .
Tenant of the Lands fo given.
And fb if one Man giveth Lands unto another in Tail, and the Donor See before
granteth the Reverflon in Fee unto another,, and then the Donee in Tail dieth 218. D.
without Heir of his Body,, the Grantee of the Reverfion fhall have a Writ of 2td. 3.
Formedon in the Reverter to recover that Land: But if he grant the Rever- 125.
fion unto another in Tail, and then. the Donee dieth without Heir of his 6 Ed. 3. SW
Body, then that Grantee of the Reverflon fhalli have a fpecial Writ, as ap-
peareth before, amongft the Writs of Formedon in the Remaiader; and for-
the Heir of the Donor the Form of the Writ is fuch:
Command A. that,.&c. he rnder to B. one Meffuage and twenty Acres of Land Vide 4-Eliz.
with the Appurtenances in G. which C.. the Father of the aforefaid B. whofe Dyer 216. A.
Heir be is, gave to I. and E. bisWfe, and to th. Heirs of their Bodies fuing, 2 H. 6. 36.
and which after the Deat f the aforefaid I.-and E. ought to revert to the afore-
faid B. by the Form of the Gift a1rrefaid4 becaufe the faid L. and E. died without
Heir of their Bodies ifuing, as he faith, and unlefs, &c.
F And if Lands be given in Tail, the Remainder to, another in Tail, and
afterwards the firft Tenant in Tail. dieth without Ilfue,, and the fecond Tenant
in Tail. in the Remainder doth enter into Religion,, and is profeffed ; the Do-
nor or his Heirs (hall: have fuch a Writ of Formedon in the Reverter.
Which, C. the Father of D. whofe Heir he is,. gave to F. and to the Heirs of
his Body ifing, fo, that if the fameF. fbould die without Heirs of his Body, the:
aforefaid Mefuages, &c. bould.remain to . and to the Heirs of his Bady Tuing,
and which after the Death of the faid F. and -after that. the aforefaid H. took
uipon him the religious.Habit, ought to revert to the faid.D. by the Form of the
Gift .aforefaid,;baauf the faid, F. ied, without. Heir of .his Body afaing,, &c..and
unlfs,, &c..
Deed;. and therefore fhall not -ay Ne Done pas, Note; .If lie esmand -17 Reafon of a UI limi.'
by the Deed, but ygnerally We Dana pas, as the ted- or ,the Feffatent,, he need not thew thei
Writfuppofes;. for the Deed is only Evidence to. Deed., Dyer 277.
make the Demandant refponfible, io Edd 3. 22.. (&)' And Note; 'Where a 'Grant is by Fine of
a Ed. 3. 49, &c. and therefore the Tenant may, Lands in.Tail, yet the Iffue thall ihave a &ire
plead Non-emwre after the Deed delivered. See. facias, although the Faher was (never) feifed
2 Ed. 3- 57. A Variance between the Writ and. a Ed5.I.B4rx. zip,
the.Decd thall not abate.it. ' 4 H. 6. 1. And
Z Andi
 504 * Writ of Formedon in Reverter.
And if C. give Lands in Tail to E. and to F. his Wife, and unto the Heirs
of their two- Bodies begotten, and the faid C. hath Iffue G. and B. and dieth,
and afterwards G. dieth, and B. granteth the Reverfion to H. for Life, and
afterwards E. dieth, and F. dieth without Iffue of their Bodies, &c. B. fhall
have a Formedon in the Reverter in this Form:
Which C. gave to E. and F. his Wife, and to the Heirs of the Bodies, &c.
iffuing, and which G. the Son and Heir of the faid C. Brother of the faid B.
whofe Heir he is, after the Death of the faid E. granted to H. for his whole Life,
[ 220.-j to have after the Death of the faid F. and which after the Death of the afore-
jaid F. and H. ought to revert to the faid B. by Form of the Gift and Grant
aforefaid, becaufe the faid E. and F. died without Heirs of their Bodies ifuing, &cc.
And it feemeth in that Cafe, that if H. had furvived F. and had entred
into the Land, and had been feifed of the Land for Term of his Life, and
then had died, that then the faid B. thall not have a Formedon in the Re-
verter, but a Writ of Entry Ad terminum qui preteriit. But if H. have not
entred into the Land after the Death of F. then the faid B. fhall have the
Writ of Formedon in the Reverter. But if H. have entred into the Land
after the Death of F. and had aliened the Land in Fee, then B. ought to
have had a Writ of Entry in confimili Caju during the Life of H. and after
the Death of H. a Writ of Entry Ad communem Legem.
And if F. leafe Lands unto P. for Term of Life, and hath lishe a Son and A
a Daughter, and dieth, and the Son granteth the Reverfion to I. and to the
Heirs of his Body begotten, and afterwards the Tenant for Term of Life
dieth, and the Tenant in Tail dieth without Iffue, &c. and then the Son who
was Donor dieth, the Daughter thall have a Formedon in the Reverter in this
Form :
Which F. gave to P. for his whole Life, and which T. the Son and Heir of
the faid F. Brother of the faid B. whofe Heir he is, granted to I. to have after
the Death of the faid P. to him the fame I. and to the Heirs of his Body ifuing,
and which after the Death of the jaid P. and I. ought to revert 1o the faid B.
by the Form of the Gift and Grant aforefaid, becaufe the faid I. died without
Heir of his Body ijuing, as he faith, &c.
And if Lands be given in Tail, and the Tenant in Tail hath Iffue two B
Daughters, and afterwards one of the Daughters hath ifue a Daughter B. and
the other Daughter hath Ifube another Daughter C. and afterwards B. hath Ifrue
I. and then all the Daughters die, and then the faid I. dieth without Iffue of
his Body, the Donor or his Heir fhall have fuch Writ:
And which after the Death of the faid E. and F. and of M. and A. the
Daughters and Heirs of the fame E. and F. and of I. the Son of the faid M. and
Heir of the fame M. and A. ought -t revert to the faid I. of B. &c. becaufe the
aforefaid I. Son of the faid M. died without Heir of his Body ifuing, &c.
In a Formedon in the Reverter in his Count he ought to lay the Efplees in C
the Donor, and in the Donee.
N.IB. So. .In a Formedon in the Reverter he ought to mention the eldeft Brother who D
furvived his Father, &c. becaufe he held the Eftate, although that he was not
feifed of the Land; as if the Donor hath Iffue two Daughters and dieth, and
the eldeft Son dieth before he entreth into the Land. In a Formedon in the
Reverter brought by the youngeft Son, he ought to mention the eldeft Son,
who
 tit of Ejedione firms. 05
who was his Brother, becaufe he was once Heir to the Donee; but if the eldeft
Son die in the Life-time of the Father, then the youngeft Son in the-Writ (a)
brought by him fhall not mention him as Heir to the Father, becaufe he was
never Heir in faflo to the Father, but in a Writ of Right, which is called
Precipe in Capite, brought by the youngeft Son, as Heir to his Father, al-
though the eldeft Son be dead in the Life of the Father, yet in his Count he
ought to make mention of the eldeft Son, becaufe by Poffibility he might
have held the Eftate, and have been Heir to his Father.
E And if a Man give Lands in Tail, and the Tenant in Tail hath Iffue, and
dieth, and the Iffue dieth without Heir of his (b) Body before he entreth into
the Land, the Donor may bring a .Formedon in the Reverter, fuppofing that
the Donee died without Iffue, &c. and that Writ was awarded good, M. I8
Ed. 2. becaufe the Iffue was *not living at the Time of the Purchafe of the
Writ; and he cannot have a Formedon in the Reverter of the Seifm of the
Iffue, becaufe the Iffue died before he had any Seifin of the Land.

Writ of Ejeftione firmx.

F "Fl-I-EWrit of Ejelione firm* lieth, where a Man doth (c) leafe Lands for vi. &zMs.
L 'Years, &c. and afterwards the Leffor doth ejeat him, or a Stranger doth Dyer :7.
eje& him of his Term, the Leffee fhall have a Writ of Ejelione firm *;and agra's
the Form of the Writ is fuch:
G The King to the Sherif, &c. If A. hall make you fecure, &c. then put, &c. B, Dyer sz9.
that he be before our 7uflices, &c. to fhew wherefore with Force and Arms he en-
tred into the Manor of I. which T. demifed to the faid A. for a Term which is
not yet pafed, and the Goods and Chattels of him the faid A. to the Value of, &c.
found in the fame Manor, took and carriedaway and ejeaed him the faid A. fror*.
his Farm aforefai4 and other Wrongs to him did, to the great Damage ofi &c.
And there is another Form of Writ, thus:

(a) SeezEd 3. 2s. N.Br. iSo. 1SEd. z. Eflate Tail, 25 Ed. 3- 49. and per SAli. If the
Formedon 9g. The Plaintiff counts in this Writ, Jlhe was leifed. after the Death of the Donee,
that he to whom the Tenements were given-- he ought to fAppofe that the lirue died without
And held that the Right came to the Donor, al- Iffue; fed alil contr. 26Ed- 3- 75. See a Sup-
r ough the Donor was dead, living the Donee 'pofal, per Mort. of the Donee, Eo god the Do-
n Tail. But in a Contra formarp Collationis it nee died without MIfue. Dyer 216.
is otherwife, F. Contraform' Coll', 7 Ed. 3. See (c) Note; If he be not in a~oal Poffeffion at
3 Ed. 3. Formedox 43- the Time of the Ejeament, this Writ does not
(b) See y Ed. 3. 34 18 Ed. 3 . z8. Eoqued lie. Kelio. 13o. This Writ lies of a Gorfe.
the Ifue died without Iffue; and fe the Writ Dyer 28. to Ed. io. At. ;98. where it lies,
ought to be per $hard, when the Iffue was feifed. .zide ibid. and 21 Ed 4. so and 3o. I H. 5. 3*
za H. 6. 36. i8 Ed. 3. 42. See a Formedon in 12 H 4. 1o. Dyer 89.
Reverter awarded good, fuppafing that the Do- Alfo this Writ lies againft the Eje~or, though
nee died without Iffue, whene be had Ifue, who he has aliened. i z H. t. so. See Dyer 89.
furvived and was feifed i contr. in the fame Cafe Bana & Catalaomitted.
in a &ire facias by him in Romailder on an

Ttt
 o4iWit of Eje&ione firms.
6 R. 2. Fitz. !ro fliew wherefore with Force. and Arms, into the Manor of B. which I. de-
Ejedionefirm. mifed to thifaidA., for the '!erms offeven Years, he entred witbi# that 'erm, and
ccont. occupied it for a long -ime, and hioidred:hips.thefaid.A. wkerey be was not able
to perceive the Ifues of the Manor aforefaid according to the Deafe aforefaid, and
took, &c. the Goods, &c.
Plow. 222. (a) And in that Writ he fhall recover his Term again, if the Term be not H.
i Salk. 5. ended, and the Procefs is Attachment and Diftrefs, and Procefs of JUtlagary.
Co.Litaiz8.b- And Anno 14 H.'7. inEjedioneftrme brought againft a Strange-r,.the Plaintiff
had Judgment for to recover his Term, and thereupon the Defendant brought
a Writ of Error, and the Judgment was affirmed, and Execution awarded for,-
the Plaintiff.
And 17 H. 8. fuch Judgment was given 'in the Common Pleas,., that 'he L
thould recover his Term and his Damages.
Ant. 198. If a Man leafe Lands for Years, and afterwards fliffer -a feigned Recovery;
[ 221. ] againft him by a Writ of Entry in the Pof/, or other Writ, if he who reco-
vereth entreth, the Termor fhall have an Ejeflione firme againft him by Force
of the Statute of 21 H. 8. cap. 15. becaufe the Statute giveth him Power to.
retain, hold and enjoy his Term. And by that it appeareth, ,that he. who re-
covereth doth Wrong unto him, if he ouft him of his Term; but before the
faid Statute the Leffee could not have fuch Writ,, becaufe he, who recovered,
came in by Courfe of Law.
And if a Man leafe Lands for Years, and afterwards granteth the Reverfion A
in Fee, and the Leffee attorneth ; now if the Grantee of the Reverflon do. put
out the Termor, he hall have an Ejetionefirmx againft him. And fo if the
Reverfion do efcheat, and the Lord by, Efcheat ejea the Termor,,he fhall 'B
have an Ejeflione firme againft him..
And if he in the Reveifion be a Villain, and the Lord claim the Reverfion, C
and afterivards ejeat the Termor,. he fhall have an Ejefionefirme againft him.

(a) And therefore he fhalt not have this Writ Trefpafs in its Nature. But the Entry-heril
after a Re-entry, by Hufy. 21 Ed. 4. 1i. So feemed to be after the Term ended; and Dyer
Entry of the Plaintiff pending ,the Writ abates it. faid,, that before 44 H. 7. the Judgment was
Dyer 226. Yet paere,. i3 Eliz. 13. although only, that the Plaintiff thould recover bia Term.,
the Plaintiff enters pending the Writ, he fhall Dydr 13.
ascover. his Damage . for it is but an Aion of.

Writ
 trt Po~~ or 13'fiieA

D VHE. Writ of Aiel or Befaiel lieth, wherethe Grandfather or Great Grando a

I father gvaftifed in his Demefne asof Feof ,any Lands or Tenementi in this.Wric a
of Fee-fnhbple the Day of his Death, ad dieth, and a Stranger doth abate or Man cannot
entreth the fame Day upon him,. and deforceth the Heir, the .1eir fhll have make Title
that Writ of Aiel or Befaiel, as the Cafe is, and it behoveth not that the h a anor
Grandfather die feifed; or if he be ftifled the Day that he died, it fufficeth to the Brother of
maintain this Adion; and the Form of the Writ is f.ych: his Befatel,
3 Ed. 3 . Item
nota Fitz. Aiel 6. 40 Ed. 3. 38. It was found by Aflife, that the Anceffor-did not, di0e ifed, yet no Eftoppel to
have Coinage; for if he were feifed the Day in which he died, it fufficeth.

E The King to the Sherif, &c. Command A. that jufily, &c. he render to B. one In Alel the
Jkefeage with the 4ppurtenances
'M r
in E. of which W. the Grandfather of the faid Defendant
faid, that the
B.. or Grondmother of the faid B. or Great Grandfather or Great;GrandmotherAiel had Iffue
of the faid B. whofe Heir he is, was foifed in his (or her) Deme/ne as of Fee, W. eldeft Son,
upon the Day in which he died, as he faith, and unlefs he will do it, and the afore- who furvived
faid B. Jhall make you fere, &c. then fmmon, &c. the aforefaidA. &c. theAiel, and
commiLted
Felony, and was abjured, and afterwards taken, and in Eyre adjudged a Felon; and good Plea. 6 Ed. 3. Fitz.
Aiel.

F And the Procefs in that Writ is Summons and Grand Cape before Appear-
ance ; and after Appearance, if the Tenant make Default, a Petit Cape fhall
be awarded.
G And although that the Anceftor go in Pilgrimage bcyand the Sea, and there 13 Ed. 3-
dieth, yet the Writ of Aiel fhall be general, as is aforefaid. Ant. 196. Aiel2.
And fo if the Grandfatder enter into Religion, and is profeffed, the Heir zz Ed. g. so.
fhall have a Writ of Aiel, if the Stranger do abate, and the Writ fhall be ge- Br. Cofinage.
neral, and fhall not fpeak of his Entry into Religion, or of his Profefflon, &c.
H And the Aunt and the Niece ihall join in a Writ of Aiel of the Seifin of their
Grandfather, by Equity of the Statute. And the Statute fhall ferve for thofe
dying feifed before the Statute, as for thofe dying feifed fince the Statute.
And two Coparceners brought a Writ of Aiel, "nid by their Count they did 6. In BeraieL,
fuppofe tie Anceftor to be Great Grandfather to the one, Trefaiel to the other, the Releafe of
and yet it was adjudged good. And the Writ in the Regifter is fuch: the Aie War-
The King to the Sheriif, &c. Command A. thatjufly, &c. he render to B. and aiz Ed
C. one Mill, &c. of which D. the Grandfather of the faid B. and Great Grand- Joinder in
father of the faid B. -whofe Heirs they are, was feifed, &c. Aalion.

T tt 2
 5o8
Writ of Cofinage (a).
42 Ed. 3. I3 HE Writ of Cofinage lieth, where the Trefaiel was feifed in his Demefne I
Coat. T as of Fee, the Day he died, of any (b) Lands or Tenements, and dieth,
and a Stranger doth enter and abate, then his Heir thall have his Writ of Co-
finage ; and the Form of the Writ is fuch:
'The King to the Sherif, &c. Command A. that juf/ly, &c. he render to B. one K
Mefuage with the Appurtenances in N. of which (c) W. the Coujin of the faid B.
whofe Heir he is, was fetfed in his Demefne as of Fee upon the Day wherein he
died, 'as he faith, and unlefs, &c.
And a Man thall have a Writ of Cofinage of the Seifin of the Brother ofL,
the Trefaiel. 6 Ed. 2. Cofin. io, i i.
22 Ed. 3. And the Heir of the Lord who was his Trefatiel may have a Writ of Co-M
it is admitted finage of the Rent of the Seigniory againft the Tenant, if he deforce him of
that Trefaiel the Rent, and may count of the Seifin of his Trefaiel-; or if he will, he may
is Codin. have a Writ of Cuftoms and Services againft the Tenant at his Eleftion.
4 6Ed. 3. ,J. And if a Man have a Writ of Aiel, he fhall not bring a Writ of Cofinage, N
12 H. 7. 4. and if he do, the Tenant may abate the Writ by pleading the Seifin of the
4 Ed. 3 . Aiel 4 . Great Grandfather; and alfo a Man fhall not have a Writ of Cofinage of the
Ed. 3. 45. Seifin of his Great Grandfather, but fhall be put to his Writ of Befaiel, &c.
Corm. 2. Nor a Man thall not have a Writ of Cofinage of the Death of his Uncle,
N. Br. i 8. becaufe he may have an Aflife of Mortdaunceftor of his Seifin.
con. And Cofinage doth not lie between Privies in Blood, no more than an Aflife 0
44 Ed. 3. 13* of Mortdaunceftor, but thall be put to their Nuper oblit.
2 5'H. And if a Trefaiel goeth beyond Sea and entreth into Religion, and be pro-
Con. 3. feffed ; yet the Writ of Cofinage fhall be general, as the Writ of Aiel. fhall be.
14 Ed. 3. And the Procefs is Summons, Grand Cape and Petit Cape.
CoEfi. 6.
Supra G.
(a) In Cohnage a Man makes but an oblique Right, 22 Ed. 3. 16. 2a Ed. 3. Y3. And.Nou;,
Defcent only from the Brother of the Great In fame Writs, when it is paft the Great Grand-
Grandfather, which is four Degrees; but where father he fhall be named Couin; but in a Count
the Defcent is lineal, it is two Degrees. 3 oEd.z.
La named, abates it. 1 Ed. 3. Britf 323.
C~o/irlIS. 3 2Ed. 1.3 4. () And he fhalle h owCouhnin his Count
(bfSee cOntr. that he is put CO his Writ of &ZH. 4. I. '

Wri't
 V9

Writ of Ad quod Damnum.

where a Man will give Lands or

T HE Writ ofinAdMortmain,
Tenements as tolieth,
uod DamnUM a religious Houfe, or to a Body Poli-
tick in Fee-fimple, then he ought for to have the King's Licence and the Li-
cence of the chief Lords to make fuch Gift or Grant, and before fuch Licence
be granted; and the Courfe is to fue unto the King to have a Licence to fue
that Writ out of the Chancery, direded unto the Efcheator to inquire what
Damage it would be to the King, or unto other Perfons, if the King do grant
fuch Licence: And upon the Return of that Writ certified in the Chancery,
the King ought to give Leave, that he may alien or give in (a) Mortmain;
and that Inquifition ought to be certified into the Chancery under the Seals of
Efcheator and of the Jurors, by whom the Inquifition was found; and the
Form of the Writ is fuch:
A The King to his beloved I. of K. his Efchealor in the County of L. greeling: [ Z.
We command you, that by the Oath of honefi and lawful Men of your Bailiwick,
or of your County, by whom the Truth of the Matter may be better known, you di-
ligently inrquiri if it may be to the Damage or to the Prejudice of us or of others,
or not, if we grant to B. that he may give and aign one Meffuage, two Acres of
Land and one Acre of Meadow with the Appurtenances in W. to a certainChaplain
to cdebrate Divine Service for the Soul of him the faid B. and the Souls of his Fa-
ther, Mother and Ancefors, and of all the faithful Deceafed, in the Chapel of the
blefed Mary of W. or in the ParochialChurch of the -blefed4Mary of S. every
Day ; to have and to hold to the faid Chaplain and his Succefors selebratingDi-
vine Service in the Church aforefaid' or in the faid Chapel for the Souls aforefaid,
every Day, as is before faid; and if it be to the Damage or Prejdce of us or of
others, then to what Damage and what Prejudice of us, and to what Damage and
what Prejudiceof others, and of whom, and how and in what Manner, andof whom
or what Perfons the faid Mejitage, Land and Meadow are holden, and by what
Service, and how and in what Manner, and how much they are worth by the
-rear in all Iies, according to the true Value of the fame, and who and how
many Menes there are between as and the aforefaid B. of the Mefuage, Land and
Meadow aforefaid, and what Lands and what Tenements remain to him the faid
B. befies the Donation and Afignment aforefaid, and where, and of whom or of
what Perfons they are holden,' and by what Service, . and how and in what Man-
ner, and how much .tkey are worth by the Tear is all fuer, and if the Lands and
.tenements remaining io the faid B. beddes the Donation and 4fsgnment afore/aid,
he /ufficient for the Cuf/oms and Services owing to be done, as well for the Mef-
Juage, Land and Meadow fo given, as for the otherLands and fTeements retained
to him/elf, and all and ftngular other Charges which hefkflainr, and hath been
accualomed to fiftain, as in Suits, Views of Franky-redge, Aid&, fallagesWatche4

(a) Entry for Mortmain. Nate; Diffeifor and of a Seigniory, thalt have only one Year. Athw.
DiXeike, Tenant for Life, and he in Remaider I I. pgrs.
Finer,
 Writ of Ad quod Damnum.
Fines, Ranfoms, Amerciaments, Contributions, and other Charges bfever
emerging to be fitflained; and that the fame B. may be put in Alifes, 7uris and
other Recognizances whatfoever, as be might be put before 4he Gift and Afignine:
aforefaid, fo that the Country, by the Gift and Afignment aforejaid, in Dfaa'I
of him the faid B. may not be charged or aggrieved more than ufual, and without
Delay fend the jpq titfor thereupon made djfintity and openly to us in our Chan-
cery, under your Seal and the Seals of thofe by whom it 1Dall be made, and this
JVrit. Witnefs, cc.
Or thus: That the Heirs of him the faid B. may be put in 4fifes, 7uries and
other Recognizanc4s whatfoever, a5 his 4ceft.Qrs have been accuftomed to be put
before the Gift and Ajignment aforefaid, fo that the Country, &c.
By which it.oppeareth, that it is Damageto the Country, that a Freeholder
who hath ftiffncient Lands to 'pAfs upon A0ifes and Juries, fbould alien his
.Lands in Mortmain, -by which Alienation his Heirs thould' not have fufficient
Lands after the Death of the Father to be fworn in Aflifes and Juries.
And by the Rule of theRegifter, if a Chaplain or a Woman will give their
Lands or Tenements in, Mortmain ; yet in the Writ of Ad quod Damnum fhall
be that Caufe, And that they the faid, &c. may be put in 4fflifes, 7uries and.
other .Recognizances vhatfoever, .by which it appeareth, they ought to have
fu-cientLands, befides Lands to defcend to their Heirs.
And if a Chaplain and Layman will alien in Mortmain jointly by Licence, C
then the Writ of Ad quod Damnum fhall be in this Form:
And that the faid A. and B. and the Heirs of the faid B. the Chaplain, may be
put in 4ffes, Juries,:&c. as the faid A. and the Anceftors of him the faid B. she
Chaplain, have been accufdmed to be put' before the Gift, &c. Jo that the Coun-
try, '&. in Default of him the faid A. and of the Heirs of the aforefaid B. may
hot be charged, &c. more than ufual, &c.
And if one Abbot will give Lands or Tenements in Mortmain to another D
Abbot or Prior or Body Corporate, yet he ought to have the (a) King's Li-
cence fo to do, becaufe of the Words of the Statute of Mortmain: So' that
the Lands and Tenements may not by any means come into Mortmain. And there
he ought for to fue a Writ of Ad quod Damnum to inquire as aforefaid : But in
the Writ fhall be this Claufe, And that he the faid Abbot, &c. may be put in
4/ffes and 7uries, &c. nor that Claufe, Ita quod patria, &c. thall'inot be put
in that Writ of Ad quod Damnum. But now the common Experience is, that
they will not fue the Writ of Ad quod Damnum when they purchafe Leave to
-alien in Mortmain ; but the Ufe is, to have thefe Words in the End of the
King's. Patent of Licence; And this, without any Writ of Ad quod Damnum,
or our other Writs and Ingquefs or Commands thereupon, to have and profecute.
But it feemeth thofe Patents are dubious whether they be good or no , if it
be evidently proved, that fuch Patents are unto the Damage of others who
are the King's Tenants, and by which the King's Tenants ought to have
Wardfhips or Efcheats, &c. and by which the King lofeth the Wardfhip of
his Tenants, or that the King lofeth any Advantage which he might have, if

(a) And therefore if the Tenant infoffs the Abbot hidnelf, the Lord may enter. euz. i xi
fuch
 ritof/Ad quod Damnum.
focIkPatents were not granted., And therefore I conceive that the beft Courfe [ 223. ]
is, to fue forthAfuch Writs of Ad quod Damnum to inquire to what Damage
fuch Licences in Mortmain thall be to the King or othcrs, fo that the King,
be, not deceived in his Grant.. And fee a good Caufe for the fame- in the-
Title of Grants.in the Abridgment. H j6 Ed. 3.' ph 53. Bro. 654. where the
Charter was repealed.
A And there is another Writ of Ad quodDamnum, if it be to the Damage, &c.
If the King grant to ff. that he may give five Houfs, &c. to C. Gu.ardian of
the Chapel of our Lady Saint Mary, and to his Succeffors, Guardians and
Chaplains of the forefaid Chapel,. for the Maintenance of the faid Guardian
and two Chaplains. to do Divine Service in the faid Chapel and in the Church
of P. &c. in the Honour, &c.. and for the Souls,, &c.
3 And if the. King will give Licence to one to grant a Rent unto an Abbot 3 Ed. 4 4*;
and his Succeffors, yet he ought for to fue forth a Writ of Ad quod Damnum, 9.H 7. 9.
if he have not thefe Words in the Patent ;. and this without any Writ of Ad.4 H 6. 9*
quod Damnum, &c. - And the Form of the Writ is fuch:
If we grait to him the faid A.- that he-may.give and afign one hundred Marks
Rent with the Appurtenances in N. to our beloved in ChriJy the Abbot and Con-
vent of N. and to the Prior and Monks in the Priory of Saint James, Briftol,
(which is a Cell. of the jaid Abby for thofe abiding there) to find- two Chaplains,
&c. in the Church of thefaid Priory, to hold to the fame Abbot aid-Convent and'
.Priory, and Monks dwelling in the faid Priory,, and to their Succefors,, to find
two Chaplains, &c. in the Church of the faid Priory, as is before faid, to celebrate
Divin Service every Day for ever, or not? And if it be .to the Damage, &c. to
what Damage, &c. and of whom .or what Perfons the jaid Rent is holden, and
by what Services, and how. and in what Manner, and who and.,how-may Mefnes
are there, &c. (as in the firft Writ).
And it is not faid'in the Writ-what the Value. is-yearly, becaufe Rentought
not to be extended.,
C And if a.Man fue tothe King for a Licence to give an -Advowfon to two
Chaplains and to their Succeffors to hold to their proper Ufe, -and- that they
may hold the fame to them and- their'Succeffors ,appropriate for ever, to fay-
Divine Service, &c. helfhall have a WritofAd ueodDamnum to. inquire what
Damage fuch :Grant would be. to the King or others, and that Writ appeareth
D in the Regifter., And in the Writ of Ad quad.Damnum - the. Subftance of -the
Licence to alien in Mortmain ought to be expreffed.
E And if a Man will exchange Lands, Tenements or-Rents with another Ab-
bot- or Body Corporate, upon the Licence (a),granted, ..he ought to fue forth
a Writ of Ad quod damnum ; and in the Writ both the-Lands which are given,.
and the Lands -which are taken in Exchange, ,ought to be mentioned, .and to
inquire of them,. as afore is faid.
F There is' another. Manner of Form of A0,'quod Damnum, where the King
granteth a Licence unto an Abbot. or a Prior to purchafe twenty Pounds
Land, and afterwards .one Man will, give Lands -to the faid Abbot of the

(4) See i9 Ed. 3Y Mrtis.8. Both of htm were Men of Religiga.

value
 Sn, Writ of Ad quod Darmnum.
Value of five Pounds, another will give him Lands of the Value of forty
Shillings, and another Man Lands of the Value of twenty Shillings; the Form
of the Writ of Ad quod Damnum..hall be fuch:
The King to his Efcheator, &c. We command you, &c. if it may be to the Da-,
mage of, &c. if we grant to A. that he may give and afign one Meffuage and forty
Acres of Land with the Appurtenances in the fame Twn, and if we grant to E.
of F. that he may give and afign thirty Acres of Land in the fame Town, to our
beloved in Chrift, &c. to hold to them and their Succefors in Part of Satisfaetion of
SH, 7. 6. twenty Pounds of Lands and Rents by the Year, which Lord Edward lately King
of England, our Grandfather, granted Licence to purchafe by his Letters Patent to
them the faid Abbot and Convent, as well of their own Fee as of other, except of
Lands and Tenements which were holden of him our faid Grandfatherin Chief:
And alfo to I. of N. that he may give and afign one Mefuage with the Appurse-
nances in the fame Town to the fame Abbot and Convent, to have and to hold to
them and their Succefors for ever, in Exchange for one Mefuage in the fame Town
to be given and granted to him the Jaid I. of N. by the faid Abbot and Convent,
to have and to hold to him the faid I. of N. and his Heirs, in Exchange aforefaid
(as before is faid) for ever, or not? And if it may be lo the Damage, &c. (as
before).
Vide 16 Eliz. And by that Writ it appeareth, that he may have one Writ for divers Pur- 6
Plow. Com. chafes to be made; and alfo that a Licence made unto an Abbot, in the Time
457- D. of one King, is good to purchafe Land in the Time of another King.
Ind. 5z. b. There is another Writ of Ad quod Damnurn where the King granteth to an H
Abbot or to a Bifhop Licence for to purchafe an Advowfon, and to appro-
priate the fame to him and his Succeffors for ever,
And another Writ where the King granteth unto an Abbot or Bifhop Li-
cence for to appropriate an AdvowfQn whereof they are feifed in Fee in their
own Right.
14 Ed. By which it appeareth, that a Bilhop or an Abbot could not have appro-
QOar.imp.t3. priated an Advowfon, whereof they were feifed in Fee in their own Right,
without the King's Licence and if they did, it was forfeited for Mortmain.
21 Ed. 3- 5*
38 Aie S2. And if an Abbot holdeth of another Man by a certain Rent-Service, the I
Br.Mortm.zo. Lord (a) cannot releafe unto the Abbot that Rent without the King's Licence;
it is no Mort-an
maino and if he jdo, it is Mortmain, and the King lhall have- the Rent; and there-
,,aj. 3. 8s.fore is the Writ of Ad qod Damnum ordained, that where the Lord hath Li-
Br.Mortm.16 cence to releafe unto the Abbot that Rent, to inquire to whofe Damage the
& 31. it is no fame fhall be, &c. as it fhall be of Lands, &c.
Mortmain, There is another Form of Ad quod Damnum where the King giveth a Li- A
becauife the
Rent is cence to alien Lands and an Advowfon, which are holden of him in Capite,
ina. unto An Abbot, and that he do appropriate them, And another Form of
[ 224. ] Writ where the King granteth a Licence to one to alien certain Lands, and a
Reverfion of other .ands, to a Chaplain in Mortmain.

(a) But if he releafes the Rent, faving to io Ed. 3. 5. 21 Ed. 3. I8. vuers. to Ed. 3.
himfelf the Services; or if he releafe to hold of Mart"'. 17, Br. Merim. 34.
bim in Frankalmoigne, it is not Mortmain.
2 And
 Writ of Ad quod Damnum.'
B And if the Villain of an Abbot or Prior do (a) purchafe Lands or Tene-
ments in Fee, the Abbot or Prior cannot enter into them without the King'i
Licence; and if he do, it is Mortmain. And it feemeth that the Law is
fuch, becaufe there is a Writ of Ad quad Damnum in the Regifter, to inquire
to whofe Damage the fame is; and if the King granted fuch Licence unto an
Abbot or Prior, that they may enter into fuch Lands or Tenements which
their Villains have purchafed.
C And fee the Statute De Religiofis how that Cafe fhall be taken to be within
the Words of the Statute, or by Equity of the Statute.
And it appeareth by the feveral Forms of Writs of Ad quad Damnam which
are in the Regifter, that the Writ ought to be made according to the Letters
Patent of Licehte, becaufe he ought to rehearfe the Effed of the Letters Pa-
tent therein; and therefore the Forms of the Writs of Ad quod Damnum do
D vary, as the Letters Patent themfelves do vary. And it appeareth by the 6 Ed. 3
Regifter, that if a Man do purchafe Letters Patent of Licence to give Lands Excha. z.
unto an Abbot in Exchange for a Rent, which the Abbot releafeth to him, Perk. z.
&c. that he fhall have a Writ of Ad quad Damnum there~pon.
E And if a Man do purchafe a Licence to found a Houfe with Lands, or to
make a Prebendary, and to give Lands to the fame, &c. that he ought to
have a Writ of Ad quad Damnum upon the fame.
F And if a Man doth devife Lands or Rents to his Executors and to their
Heirs, to difpofe according to his Will, and afterwards he maketh his Will,
that they give the fame in-Mortmain - they ought to have the King's Licence
to make thb Grant, and a Writ of dd quod Damnum upon the fame, as ap-
peaceth by the Regifter.
G 'If an Abbot or a Dean and Chapter have a Rent in Fee iffuing out of 17 Ed. 3. 57*
Lands, and the Tenant of the Land will grant by his Deed, that they and '9 Ed.
their Succeffors fhall diftrain for that Rent in other Lands, it appeareth by the coE
Regifter, that he ought to have the King's Licence to make fuch Grant: 7 Ed. 3*57*
And a Writ of Ad quod Damnum fhall be to inquire what Damage or Preju- COnt.
dice the fame fhall be to the King or others, &c. and yet it is hard to prove, 9 H. 6. 9.
how that Thall be taken to be within the Words of the Statute of Mortmain, Litt. 48.
becaufe fuch Grant is a good Grant of a Rent in Fee, although that there 4s Ed. 3. q;
were not fuch Rent before to the Abbey or Dean and Chapter. It feemeth, 9H. 6.9.
that the Grant made without Licence (h) thall be as a new Grant in Law. 3 Ai. to.
Tamen quere. Br. AILjo;.
H There is .another Manner of Ad gued Damuam, and that is, where the King's 32 H. 6. 2*7.
Tenant will alienbhis Lands which he holdeth of the King to another in Fee, cont. 4 1At.3.
or in Tail, or for Life, then by-the Courfe of Law he ought to have the cofe. 1oA4.
King's Licence by his Letters Patent fo to do, and before the Alienation becom.
made, the King ought- to be certified by a Writ of Ad quod Damnum what
Damage or Prejudice that Alienation fhall work to the King: But at this
;)ay that Writ is not ufed to be granted, but only -the Licence to alien with-
Outaggard to any Writ of Ad quod Damnum to inquire thereof. But yet fuA

(A) But it is odierwife, where the Villain has (p) See this fane Cafe in Qaeftion, 9 H..6.
the Lands by Defent. 48 Ed. 3*% 41 Ed. 3. 9.
a0. 19l.6. 57. 3Ed.3. Briefz6a.
Uauu . Licence
514 Writ of Ad quod Damnum.
Licence muft not be allowed of by the Juftices when the fame is fhewed.
without bringing a Writ out of the Chancery unto the Juftices, which is called
.uod permittat, &c. for which fee M. 33 H. 6. in Title Fines. And the Form
of the Writ of Ad quod Damnum is flich:
The King to his Efcheator, &c. We command you, &c. diligently inquire if ii
may be to the Damage or Prejudice of, &c. if we grant to I. that he may enfeof
P. of his Manor of N. with the Appurtenances, which are holden of us in Chief,
as it is faid, to have and to hold to him and his Heirs, of us and our Heirs, by
the Services thereof due and accufomed, for ever, or not? And if it may be to
the Damage and Prejudice of us, or of others, &c. and what Prejudice of others,
and of whom, and how, and in what Manner, and whether the faid Manor be
holden of us in Chief, (as before is faid) or of any other; and if of us, then by
what Service, how and in what Manner, and how much the faid Manor is worth
by the rear in all ifues, according to the true Value of the fame; and if any
Lands and Tenements remain to him the faid I. befides the Manor aforefaid, then
what Lands and Tenements, and where and of whom, or of what Perfons they
are holden, to wit, wlether of us, or of any other; and if of us, then by what
Service, and how and in what Manner; and if of any other, then of whom, or
of what Perons, and by what Service, and how and in what Manner, and how
much they are worth by the Year in all Ifues. And the Inquj/ition thereof, &c.
definfily and openly, &c.
And if the King will grant a Licence unto his Tenant who holdeth of him
in Capite to alien unto another in Fee, and to take back an Eftate unto him
and his Wife, and unto the Heirs of their two Bodies begotten, from the fame
Alienee; and for Default of fuch Iffue, the Remainder unto another in Fee-
tail; and for Default of fuch Iffue, the Remainder to the right Heirs of the
II225 3firft Donee% he in that Cafe fhall have a Writ of Ad quod Damnum, &c. to
enquire, &i. and yet fuch Writs are not ufed to be granted upon fuch Licence.
There is another Writ in the Regifter, that if the King's Tenant doth alien
his Lands, of whick a Woman holdeth Part in Dower for Term of her Life,
and another holdeth other Parcel thereof for Term of her Life, and he himfelf
holdeth the Refidue in Fee: Now he fhall have a Writ of Ad quod Damnum,
rehearfing all the Eftates and Licences.
If the King granteth Lands to one for Life, and afterwards granteth the B
Reverfion to D. in Fee, and then D. dieth, and his Heir granteth the Rever-
fion to R. and W. in Fee, and afterwards R. and W. grant the Reverflon to
M. for Life, and all thofe Grants are made without Licence, and afterwards
M. fueth to have a Licence, that fhe may enter after the Death of the firft
Tenant for Life; the fhall firft have a Writ of Ad quod Damnum, to enquire,
&c. and the Writ fhall be fuch:
ThiKing to his beloved Clerk F. of C. his Efcheator in the County of C. greeting:
M. hath befought us, That, whereas A. heretofore granted, that one Mefuage
with the Appurtenances in N. (which is holden of us in Chief (as it is faid,) and
which I. and B. his Wife, hold for the Life of her the faid B. of the Demife of
the faid A. which alfo after the Death of her the faid B. ought to revert to the
aforefaid A. and his Heirs) after the Death of the faid B. jhould remain to D.
and his Heirs ; and F. the Son and Heir of him the faid D. furthergranted, that
the Mefuage aforefaid with he Appurtenances, (which ought to revert to him the
faid
 Writ of'Ad quod Damnum. y1
faid I and-his Heirs, by reafon of the Grant and Attoriment to him in this Be-
half made) after the Death of the fame B. Ihould remain to R. and W. and their
Heirs ; and they the faid R. andW. granted, that the Mejuage aforefaid with
the Appurtenances, (which ought to revert to them the faid R. and W. and their
Heirs, after the Death of the faid B. by reafon of the Grant and Attornment afore..
faid to them made of the Premijfes) fhould remain after the Death of the faid B.
to the faid M. for her whole Life, fo that after the Death of the faid M. that
Mefeuage with the Appurtenarces, after the Death of the faid B.'bould remain to
K. and the Heirs of him the fdid K. our Licence hereupon not being obtained: We
would grant to her the faid M. that jhe may enter the faid Mefage with the Ap-
purtenances, after the Death of the faid B. and hold the fame for her whole Life,
of us and our Heirs, by the Services thereof due and accuffomed, fo that after the
Death of her the faid M. the faid Meffuage with the Appurtenances, may remain
to the faid K. and the Heirs of the faid K. to be holden of us atzd our Heirs, by
the Service aforefaid, for ever,: We being willing to be certfied by you, whether
we may (in this Behalf) afent to the Prayer aforefaid, without Damage.or Prju-
dice of perfelves, or of any other Perfon wbatfoever, commiosd you, that by the
Oath of, &c. (as above, until) or of others, if we grant to the faid M. that fhe
may enter and hold the Mefuage aforefaid, with the Appurtenances, after the
Death of hr the faid B. in Form aforefaid, or' not? And if, &c. (as before).
And by that it appeareth that an d qiiod Damnums fhall be awarded4 where
the King gtanteth a Licence unto one for to enter into the Land, which Land
the King might grant for a Fine for Alienation. And alfo it doth appear by
thit Writ, that a Clerk and a Chaplain was then Efcheator of the County.
C And if B. the King's Tenant doth alien to A. in Fee, and afterwards A. giveth
-back the fame Lands to the fame B. and C. his Wife in Tail, and then A. dieth,
andthetiB. dieth without Heir of his Body, and afterwards D. Brother and Heir
,of A. doth releafe all his Right in the Land unto C. who was the Wife -of B. in
Fee without the King's Licence, if the King will pardon that Trefpafs for making
.of that Releafe, a Writ of Ad qod Damnim fthall be awarded to enquire what
Damage or Prejudice the fame fhall be to the King, and the Writ appeareth
in the Regifter , but foch Writs are not ufed to be fued forth at this Day, but
fuch Pardons are allowed for the Tertenant, without any fLch Whit f Ad quod
Damin, &c., But yet if the King be damnified by any fuch Pardon, in any
Point whereof he had Notice , whether the fame fhall make vbid the Pardon
or not, aeare.
D And if the King will grant to one to make a Ditch of a certain Letigth in
his own Land, next to the King's Pond adjoining, to draw the Water from
the Pool by the Ditch to his Mill, rendring yearly to the King and his Heirs
a certain Rent, a Writ of Ad gxod Damnuin 4hall be awarded for to enquire
what Damage the fame ihall be to the Kigg, and the Writ thall recite the
Grant, and the Rent referved.
E And. if there be an ancient Tretich or Ditch coming from the Sea, by
which Boats and Velfels ufe -to pafs to the Town, if the fame be flopped in
.atiy Part by Outragioufnefs .of the Sea, and a Man will fue to the King to
make a new Trench, and to flop the ancient Trencli, &r. they ought firft to
foe a Writ of Ad Damnum2udto inquire what Damage it will be to the
Kcing or others.
U U U 2 And
$16 Writ of Ad quod Damnum.
And if the King will grant to any City the Aflife of Bread and Beer, and F
the Keeping of Weights and Meafures, an Ad quod Damnum thaU be firft
awarded, and when the fame is certified, &c. then to make the Grant.
And it appeareth by the Regifter, that upon every Grant to be made by
the King, of Lands, Tenements, Liberties, or other Things, that a Writ of
Ad quod Damnum thall be firft dire&ed to the Efcheator, to inquire what Da-
226.] mage it will be to (a) the King or others; and in thofe Writs in the Regifter,
appear notable Forms of Grants made in divers Manners; for in every Writ
the Manner of the King's Grant, and the Effe& thereof is fpecified and re-
cited in the Writ of Ad quad Damnum.
And if a Man will give Lands unto the King in Fee, unto the Intent that A
the King fhall give them to a religious Houfe, yet a Writ of Ad quod Damnam
fhall be dire&ed to the Efcheator to inquire what Damage that fhall be to the
King, or others, if the King thould accept thereof, and give the fame to the
religious Houfe.
And if the King feizeth Lands aliened in Mortmain, and afterwards will give B
them again to the Abbot, &c. in Fee, yet a Writ of Ad quaod Damnam fhall be
awarded, to inquire to whofe Damage it fhall be, &e.
And fo if an Abbot purchafeth Lands without Licence, and afterwards the
King will pardon him for the Purchafe, and grant that he fnay retain and keep
the Lands, yet an Ad quod Damnum thall ifiue to inquire, &c.
And if the King's Tenant doth alien without Licence, for which the King C
feizeth the Lands: If the King will reftore the Lands, and pardon the Tref-
pafs, yet the Writ of Ad quod Damnum fhall iffue forth to inquire what Damage
it is to the King, if he make fuch Grant; but that is not in ufe at this Day;
but to pay a Fine, and upon the Licence to enter, without fuing fuch Writ.
If .the King be Lord, and there be Mefne and Tenant, and the Tenant
holdeth of the Mefne by Homage and twenty Shillings, and the Mefne hold-
eth of the King in Capile, and afterwards the Mefne doth releafe unto the
Tenant the twenty Shillings, to hold to him and his Heirs by Homage, and
a Penny, without the King's Licence, the King may feize thofe Services; and
if he will by his Grant make Reftitution to the Tenant Paravail, an Ad quad
Damum fhall be granted, to inquire to whofe Damage, &c.
And it appeareth by the Regifter, that if the King's Tenant doth intrude D
after the Death of his Anceftor without fiing his Livery, if the King will
pardon the Intrufion, yet a Writ of Ad quod Damnum thall iffue to inquire to
whofe Damage the King's Pardon thall be, &c.
If a Forefter of the King's Forefts, who holdeth his Office of the King, E
granteth the fame to another, he ought to have the King's Licence; and be-
fore fuch Licence fhall be granted, a Writ of Ad quod Damnum thall iffue,
what Damage fuch Licence Ihall be to the King.

(a) Note; If the King grants Liberties; as a all the Profits taken by the Patentee in the mean
Market, Fair, &c. to the King's Nufance, after Time, Per Cur. i i H. 4. 5. See 16 Ed. 3.
the King has leA any Profit, he may have a Grant 53. what Libertica the King may grant,
&irefacies, and, repeal the Patent, and recover Fil poif. z3o.
 Writ of Ad quod Damnum. 517
F *Andfo if the King will licenfe one to cut down his Trees or his Wood in
his Foreft, and to make Affart of the Wood, or'to put it to Tillage, a Writ
of Ad quod Damnum fhall be awarded, as appeareth by the Regifter.
G And if the King will grant Parcel of his Wafte within his Foreft to another
in Fee, reldring- Rent, and that thq Feoffee may inclofe the fame with a
Hedge or a Ditch, &c. a Writ of. Ad quod Damnum fhall be awarded, to in-
quire to what Damage.of the King or others the faid Grant Ihall be.
And if he will leafe the fame forYears, rendring Rent, a Writ of Ad. quod
Pamnum thall be awarded to the Keeper of the Foreft,. to what Damage of
the King or -of his Foreft the fame fhall be.
And if the King will -grant Part of his Free Chafe to one in Fee rendring
Rent, and that he may inclofe the fame with Hedge and Ditch, &c. a Comi-
million thall be dire&ed to certain Perfons, to inquire whatDamage to the
King or others the fame fhall be, &c. and hereupon a Writ ihall be dire&edc
to return the Inqueft and Panel before -the Commifioners at a certain Day af-
figned by the Commiflioners; and the Commiffloners thall make a Precept to
the Sheriff to do the fame, and, to return them at the Day appointed by them
by their Precept.
H And now it (a) appeareth by thofe Words lb the Regiffer that in ancient
Times, upon -every Grant, Leafe, Releafe, Confirmation or :Licence to be
made by the King, that firft a Writ of Ad quod Damnum was.to be awarded,
to inquire of ,the whole Truth and every -Circumftance. thereof, and what
Damage or Prejudice the King thould have by the fame sand upon fuch In-
quifition certified and returned, to make the Giants, Releafks, Confirmations
or Licences.
But now the Experience is contrary, but in the Patints of Grants of Li-
cence, they put in the End -thefe Words,
And this without any Writ of Ad quod Damnum, or any other Writ, or In-
quefs, or Commands, thereupon, to k had, done, or profecated, &c
Bat in Patents of Licences, or in a Patent of Releafe or Confirmation made
by the King, thefe Words, Without any Writ of Ad 'qu6d Damnuin, &c.- are
not in thofe.Patents of Releafes- or ConfirmatiQns: But yet by Reafon of the
ancient Courfe and Form of the Regifter, it feemeth that the Parents were
the better if thefe Words, And this witout any Writ of Ad. quod Damlinum,
were put into the Patents. tawre of the Rigour of the Law, what fhall be.
done in thofe Cafes where the Patents want thofe Words, &e.

(a) See 2Ed 3 . 6. 16Ed. 3. Brie6 5 x. whereof tienterefts of-6ther Petfans are preju-
Grdnts43. That if a Patent of Liberties be made' diced; the King is fuppoWeto be deceived, anda
without Inquiry, by dd gaid Dsas nj, by Grant the Patent aill'be repealed in a Scirsfacias.
 Writ of king quit of 'Toll.
TI-IE Writ to be quit of Toll lieth, where the Citizens or Burgeffes of I
I any City or Borough have been quit of (d) Toll throughout the Realm
by Grants of the King's Progenitors, ot .by Piefetiption 1 then if the faid Ci-
tizens, or any Man of the faid Cities or Boroughs, come with their Merchan-
difes unto any Fair or Market, and there fell them, or buy any Merchandife,
if the King's Officer will demand Toll of them agitinft the King's Charter or
againft the Uage or Cuftom, then they may fue forth afid have fuch Writ;

27* } (b) the Kingto his Bailiffs of I. 'retinfzg: Whereas we granted by our Charter
to.the Burgefs of our own of S. that they and their Heirs and Succefors, Bur-
geffes of-the fme Town, Jhbuld be fbr ever quit of !rollthroughout our whole Reakm
and Dominion; We command you, thatyou permit thofe Birgefes to be quit of yield-
ing Tol to you ih our fafd tot, accordibg to the Tenxr of our Charter aforefaid,
not molefling or in any wife aggrieving them contrary to the 7enor thereof. Wit-
Prefs, &C.
And upon that he znty have an Alias, a Pheries and Attachment againft A
the B8ailffs, or thofe that do grieve him againft the Form of the Charter:
And the Plaries is returnable in the Kig's Bench, or in the Common Pleas,
at the Will of him rho would have it. And in that Writ fhall be the Claufe,
OrFgty the Ca*fe to u..
And if the Grant to be quit of Toll be of the Grant of the King's Proge-
nitors, then the Forn of the Writ is fuch:
The King to the Bailiffs of I. of E. greeting: Whereas among/l other Liberties
grantedto the BNrkees (c) of our Town of C. by the Chartersof our Progenitors
fome time Kings of E"ngland, it is grantedto them, that they and their Heirs for
everJhould be quit vf oll throughout our whole Realm, which faid Charters we

(a) .See so Ed. 3. I5. where is a Writ agalik
the King's Bailife, and common Fartnets in fa-
ing ToHl, &r. F6r takifi afid detainist of
Goods, tfc. contrary to the lAw and Caftom of
the Realm, to the Wroin and Defpight of the
King, and Prejudice of his Farm, and to the
Damage of the Plaintiff.
Note; The Prifcrihtin ought to be in the
Affirmative, vix. to te quit of Toll, and not
that he had not paid Toll. t4 H. 6. t2.
(6) Toll-traverfe lies in Prefeription, but not
Toll-through; for it is an Opprellion of the
People, a Af 58. yet fee a common Perion
may prefcribe for Toll-through, if he Thews a
reafonable Cafe, and prove that the Country
has a Recompence, 14 Ed. 3. Bar. 275* 5 H.
7. o. and fo the King may prefcribe for Toll-
through; eart, if without ihewing CaWd. is
RO6. i . wide infre.
(c) Notie; To1l-triverie may be by Prefcrip-
tion or Grant i but Tell-through cannot be by
either Grant or Prefcription. 22 A1 58. 20
Ed. S. oll 3. Notes Toll-through is in the
Highway, but Toll-traverfe is for palling over
another's Landi yet it feems if a Highway be
in a City or Town, Toll-through may be there
by Prefeription, 5 H. 7. s o. 13 H 4. 15. and
Pontage, Murage or Ferry may be demanded in
a Highway by the.King's Grant, but not in a
private Way, 13 H. 4. i5. and fee there that
the King may grant Tronage, and good: And
Nte; Every new Offioe ought to be proclaimed
as well as granted. Ibid.
Notes If the King grants to one to be quit of
Toll, this does not extend to Cultom, as it feems,
nor is it any Bar to a Demand of Toll by thesm
who have Toll by a prior Grant made to them.
3 9Ed.3. 13. Sec is Ed. i. Lik.IParl.io.

3 have
 Writ of king quit of Toll. 519
have already confirmed by our Charter, and have moreover grantedto*them, that
although they have not fuly ufed any of the Liberties and Ruittances contained in
the fame Charters until this prefent Time'; neverthelefs they, their Heirs and Suc-
cefors for the Tine to come, may enjoy and afe the Liberties and Quittances afore-
raid, and every of them, withort Difquietude or Hindrance We command you, &,c.
C But that laft Claufe fhall not be in the Writ, if the King have not made
fuch Confirmation to them: .And, upon that he may have an Alias and a Plu-
ries, and an Attachment, if need be, againft thofe vrho take the Toll &c.
D And the like Writ may be for thofe who ought to be quit of Miirage,
Pontage, Picage, Liaftage, Paffage, and the like, if they, be grieved or di-
flurbed.
And it appeareth in the Regifter, that King Edward the Firft did grant
unto Merchants, Strangers and Aliens, that they thould be quit of Murage,
Pannage and Pontage, &c. If they were grieved and difturbed for the fap&,
they fhould have fuch Writ; viz.
fibe King to his Colleflors of Marage, Pannage and Pontage in the Town of S.
greeting: Whereas Confidertion of ike Payments and Culoms to us by Mer-
chants, Strangers and Aliens, of their Goods and Merchandifes brought into our
Realm, it is granted to them by the Charter of Lord Edward of .renowned Me-
mory, fome time King of England, our Grandfather (which 'we he infpefled)
that they Jhall come fafely and fecurely intoour Realm -aki Dotiniod with their
Merchandifes whatfoever, and be free and quit of Muiage,'Pannage and Pontage,
as in the faid Charteris morefully contained: We command you, that you permit
B. and his Companions, Merchants of the Company of, &c. Aliens, to, be quit of
yielding Murage, Pannage and Pontage in the faid Trown, according to the 7ysgor
of the faid Charter, not mokffing or in any wife aggrieving them contrary to tke
renor of the Jame; and releafe. to them the Di.refe- without Delay (if you /hall
have made any upon them on that Occaflon) and zf you Jbill have levied any
"Thing upon. them Ice tke 20th Day of Auguft in. the .ear, &c. on ikat Occa-
fion, reflore it to them without Delay. Witnef; &c.
,E And if any City or Borough ought to be quit of Toll for the Mehahdifes
whith they buy in another Town 'or Place, if any of them be compelled to
pay Toll, all the Corporation may bring the Writ: by the.Nam6 of their Cor-
poration, and may have an Alias and Attachtit therettpon, if need be, with
thefe Words at the End of the Writ, And the Divfrefs, if any, fhall be made
upon them on that Occajion, &c. as before.
F And the like Writ a Man may have againft thofe who will compel him to
pay eti Sum of Uoheytw
pay a certainSmo 19onytwrd it~ads ReBr
Reaatiog of any Bidge,. of which 1q
ought to be quitted.
And it appeareth by, the Regifter, that fpiritual and religio~is Peros ought
to be quit of Toll, Cuftoms, Murage, Pontage and Pannage, and of the like,
for their Goods; and if they be troubled to pay the fame, they fhall have
fuch Writ:
The King to his Bailifs of B. reeaing: Whereas ecdeflaficjPerfons, according
to the Cufomhitherto ufed and an our Rea / are by no means bound
(a) See Rot. Parl. 8 Ed. 2. N. 4.- ftper Peti- edlia'Nerediras xrrvat felvant jde Pawia-
Wi Decan' & Capits? Limal' te piet' de Pa- gim proxt dwr,.
iagio. Re/ ffgd /l ip) wel Famalfaijavandi
to
$o Writ of being quit of Tol:
to yield foll, Pannage and Murage of their ecclejiaficalGoods any where in the
fame Realm s We command you, that you do not deftrain R. Parfon of the Church
of E. to yield to you Toll, Pannag. or Murage of his eccleiefical Goods in our
faid Town, contrary to the faid Cuftom; yet fo that he do not exercife any Mer-
chandefe with the fame; and the Diflrefs, if any, &c.
But Herle Juftice faid, that thefe Words, Dum Merchandifas aliquas, &c.
were of no Effect, becaufe, by his Opinion, they are acquit of all Things,
although they do merghandize:- But now .the Statute of H. 8. is, that they
fhall not merchandize.
And another Form of Writ for fpiritual Perfons is in this Form:
Whereas according to the Cuftom, &c. obtained, ecclefiafical Perfons ought not
to yield any Toll or other Cafom of their eccleiafical Goods, or of other Things
bought for their Su/tenance.; e ,command you, tho you by no means drylrain A.
£228.] Parfon of, 8c. to yield any l or other Cufom of his eccliefafical Goods fold, or of
others bought for his Suftenance, conirary to the Cuftom aforefaidj and the Difirefs,
if any, &c. (as above).
By which Writs it appeareth how fpiritual Perfons fhall be difcharged of A
thofe Tolls, and Impofitions and Exa6tions for their Goods which they fell or
buy for their Suftenance, &c.
Tenants of Ancient' Demefne by the .Cuffom of the Realm ought to be
quit of Toll, &c. in every Market, Fair, Tqwn or City throughout the
Realm ; and upon that every one of them may fue to have Letters Patent un-
der the King's Seal, to all the King's Officers, and to Mayors, Bailiffs, &c.
and the Form of the Patent is fuch:
The King to all Bailifs and Mri ers wherefoever appointedwithin our Realm
of 1England, greeting: Wherea according to the Cufom, &c. (as above, till)
sbroughout our 'whole Realm ; We command you, that you by no means diflrain the
Men of our Manor of S. (if that Manor be, of the Ancient Demefne of the Crown
of England) to yield Toll to you, &c. according to the faid Cuftom; and the Di-
frefs, (if any) &c. In Witnefs whereof, 4c. Witnefs, &c.
And-.alfo the Tenants of Ancient Demefne may have a Writ direted to
the Bailiffs or Mayor, or others who will compel them to pay Toll, that they
fuffer them to go quit, &c. and the Form of the Writ is fuch,;
The King to his Bailiffs A. &c.. of I. greeting : Whereas according to ihe Cu-
faom of our Realm hitherto obtaining and approved, the Men and Tenants of the
,Ancient Demefne of the Crown of England are #andought ,to be quit of yielding
Toll throughout our whole Realm; neverthelefs you grievoufly dfrain the Men and
!lenants of the Manor of S. which ,is of the Ancient Deme/ne of the Crown of
England, as it is faid, to yield Toll to you of their Goods and Things in the faid
own, and many ways unjufily difquiet them upon that Occafion, to the great Da-
mnage of them the faid Mn and Tenants, and contrary to the Cufom aforefaid,
as we have received Information from their Complaint ; And we Iwilling that no
Injury be done to thofe Men aznd Tenants, command you, that (if it be jo) then
,deffing for the time to come from bringing juch Dftrefes and Dfquietudes upon
the /aid Men andleTnants on that Occaion, you permit them to be quit of yiekiing
fach foll to you of their Goods and Things aforefaid in the fame Town, according
lto tk Ciaom aforef4id, and the Defirefs j if any, &c.
And
 Writ of kbeing quit of Toll. 511
And by the Writ aforefaid it doth appear, that Tenants in Ancient Demefne
fhall be quitted of Toll, as well thofe Tenants who hold of the Manor which
is Ancient Demefne, which is in the Seifin or the Poffeftion of another Man,
than of the King, as the Tenants of Ancient Demefne, which hold of the Ma-
nor in Ancient Demefne, which is in the King's Hands and Poffeflion.
And it appeareth alfo, that they fhall be quit of Toll for their Goods and
Chattels which they merchandize with others, as well as for their other Goods;
for the Writ is general, pro bonis & rebusfais.
B And it appeareth that that Writ may be fued by all the Tenants, as a Writ
of Meoraverunt fhall be fued; and alfo that every particular Perfon who is
grieved may fue forth the Writ, if he will.
And alfo the Lord (a) in Ancient Demefhe himfelf thall be as well acquit-
ted of Toll throughout the Realm, as the Tenants in Ancient Demefne fhall
be; and that appeareth by the Regifter, of an Attachment fued by the Lord
of the Manor in Ancient Demefhe againft the Bailiffs of C. becaufe they took
Toll of him. And they fhall not be only quit of Toll, but alfo of Pontage,
Paffage, and the like.
C And alfo they fhall not be contributory to the Expences of the Knights in
Parliament ; and if the Sheriff will diftrain them, or any of them, to be con-
tributary for their Lands in Ancient Demefne, then they may fue forth a Writ
direted-to the Sheriff, that he do not compel them to be contributary to the
Expences of the Knights, &c. Commanding them in the fame Writ, that if
they do diftrain them, or any of them, that they re-deliver the Diffrefs, &c.
And the Writ may be fued by all together, as a Monftraverunt fhall be di-
re6ted unto the Sheriff, or by any of them who are diftrained.
D And Tenants at Will within Ancient Demefne fhall be difcharged of Toll,
as well as the fr6e Tenants, or Tenants for Term of Life, or for Term of
Years of Lands in Ancient Demefne, fhall be difcharged of Toll for their
Goods, &c. 9 H. 6. 14.
E And (b) fee 7 H. 4. that a Tenant in Ancient Demefne may merchandize,
buy and fell, and fhall not pay Toll: And the fame agreeth with the Regifter.
But T. 9 H. 6. it is holden, that they fhall not pay Toll of Things coming of
their Tenements within Ancient Demefne, nor for Things bought for their Su-

(a) Notes It does not appear by this Writ,
what was Ancient Demefne. See Regiser 26o.
accordant, N. B. a Lutsw. i 4 5, as 46.
(b) The Cafe, 7 H. 4. 44. In Trefpas againft
A. Quod rfekizi afforta-vit, & illdfuvere r-
cufavit, (it was held that the Writ was good,
and the firft Words as to the Afportawit void):
The Plaintiff counts, that the Defendant had
bought twelve Beafts in his Market, and that
he came the next Market in the next Week, and
fold fix of the Beafts (Oxen) and the other fix at
a Fair there held at the Feaft of, &c Defendant
pleads that he is a Tenant of Ancient Demefne,
Ztc. and that all thofe Tenants have been free
to buy and ell Beadis for manuring their Lands,
See Goods of the Vendor diftrained for Toll.
&fr.without Toll, &fr.
Time out of Mind, and zo Ed. 3 . Awuray 129. See 9 H. 6* 45-
that he bought atfupra, and fome he uaed for
manuring his Land, and fame he put to Pafleare
to make Grales, and after convenient Time
fold them, &c. The Plaintiff offers to aver, that
he bought the Beafts to re-fell them, and that he
re-fold them ut fapra ; the Defendant demurs;
but the Opinion of the Court being againit him,
he became Nonfuit: So that it feems for Things
bought for their Suftenance, or manuring their
Lands, or concerning Hutbandry, they are dif-
charged, but not to merchandize; and the Mer-
chandise of thefe is different from other Mer.
chandize. See 9 H. 6. 15 and 66. 3 Ed. S.
(Toll) 13 8.
Xxx ftenance,
I
 of eing qut of Tt
ln Writ
1- H. 6. 66. ftenance, &c. but for other Things it is a Queftion: But forafmuch as they
Newton. Ihall be quit of Pontage, Murage and Paffage, I conceive that they fhall be
quit of Toll generally, although they do merchandize with their Goods. And
the Toll ought always to be paid by the Buyer, and not by the Seller : If it
be not by fome fpecial Cuffom, &c.
And the Villains of Lords who come to Parliament thall not be Contribu- F
taries to the Expences of the Knights of the Counties who come to the Par-
S229. ] liament; but the Lords fhall have Letters in their own Names dire&ed to the
Sheriff, commanding him that he do not diftrain their Villains to be contribu-
tary to thofe Expences of the Knights, and if he hath diftrained them, to
deliver the fame to the faid Villains.
And it feemeth reafonable that the Villain may, if he will, fue the Writ,
as well as the Lord, &c. which Writs do appear amongfit the Writs to be
quit of Toll.
And alfo Chaplains who are Mafters of the Chancery, who- are Attendants A
at Parliaments, thall not be contributary by reafon of their Benefices unto the
Expences of .Pro&ors made for the Clergy who come to the Parliament; and
if they be, they fhall have a Writ to the Archdeacon and hit Officers, com-
manding them for to difcharge them, and upon that they may have an Alias.
apd a Pluries, and Attachment againft them; and the Writ is fuch:
The Jing to the Archde4con of Middlefex and his Official, and to their Cox-
mfary, greeting : Whereas in our Parliament called together at Weftminfter in
the fourth rear of our Reign, it was there agreed by us, and by the Prelates,
Earls, Barons, and our whole Council, that our beneficed Clerks of the Chancery
perfonally attending in our Parliaments, Councils and Treaties, for the Service of
us and the People of our Realm, are to be quit from contributing, by reafon of
their Benefices, towards the Expences of the Protlors of the Clergy of any Diocefe,
they coming by our Command to fach Parliaments, Councils and Treaties: We will-
ing the faid Agreement to be kept inviolable in all Things, efpecially with refpen to
paying towards the Expences aforefaid, by reafon of the Abfence of thofe who were
not at the faid Parliaments,&c. command you, that you by no means compel, or
any wife permit to be compelled by your Minfers, T. Parfon of the Church df N.
in the Diocefe of London, who is a Clerk of our Chancery, and who was prefent
in our laft Parliamentheld at Weftminfter, in the Service of us and the Commons
of our People, to contribute, by reafon of his Benefice, to the jaid Expences of
Profors who came to the faid Parliamentfor the Clergy of the faid Diocefe, or
of other Proflors who Jhall happen to come to other Parliaments, &c. by us now
to be holden, while he fhall attend fuch Services, but caufe him to be quit offuch
Expences, according to the Agreeme.nt abovefaid ; and if any thing fhall have been
levied upon him on that Occafon, refore it to him without Delay, and alfo caufe
the Procefes to be juperfeded (if any have beent made towards ecclefiaflical Cenfures
againf him for the Caufe aforefaid) and the Sentences to be revoked (if any have
been fulminated out againfi him). Wiaefs, &c.
QYere for that Statute: And by that appeareth, that the Parliament may
'bind the Clergy by the A6ts and Statutes made in Parliament.

(a) Wri
 (a) Writ de Libertatibus a'Ilocandi.
B '-HEWrit de Libertatibus allocavndis lieth, where any Citizen or Burgers,
T or other Man, is impleaded before the King's Juftides, Juftices Errant,
or Juftices of the Foreft, and he claimeth and pleadeth any Grant of Liberty
made unto him by the King, or unto any City or Borough whereof he is a
Burgefs, and the Juftices do delay to allow that Liberty; then he Who is fo
delayed by the 'faid Juftices, may fue forth fuch Writ direaed to the Juftices
commanding them to allow the fame; and the Writ is fuch:
2'be King to his fuflices of the Bench, greeting: BecauA over Bargffes of N. by
,the Charters of our Progenitors, fgme time Kings of England, claim to have di-
vers Liberties which they an4 their'PredeceforsBurgefes of the fame gT'own hakv
always hitherto, from the time of the making of theaid Charters afed and en-

(a), De Lilertinibas allocandis.
.4
)Note; Uberties may be allowed in the Time
of the.Kingwho granted them, without any
Writ of Allowance. See a H. 5- 4 34 H.6 34.
For Allowance of Liberties, fee 14 H. 6. 1z.
n If the King grants Conance of Pleas, or to
be difcharged from ferving on Juries, &c. he
lhall have no Advantage of it without thewing
it in Allowance. 39 Ed. 3. 15.
u Fbat Liberties the -Zing may r
Regularly he cannot grant fich Liberties as
'are prejudicial to the Subje&, without the Affent
of Parliament: Note the Cafe of fobo Mathall,
mix. The King granted to one 7. S. the Mea-
furing of Cloths, Canvas, &c. bought and fold
in L. as well between others, as between Citi-
zen and Citizen, for a certain Sum, &r. 7. S.
dies, the King grants the fame Office to 7. M.
and a Writ iffued to the Mayor and Sheriffs of
London to receive him; and at the Sicut alias it
was returned, that there was not any fuch Of-
fice in the City, &c. and Tome for the King fur-
mifed the contrary; whereupon a Pluries and an
Attachment iffued, and on the Return the Mat-
ter aforefaid was fhewn to the Court, &c. And
it was refolved, x. That forafmuch as the faid
Officer was a Charge to the Subje&, for hetook
certain Fees from the People (where they had
an Aulnager before) That as the 1irft Grant was
void, and that what he took was Extortion,
and not as an Officer; fo on the new Patent to
7. M. the Mayor might well return that there
was not any fuch Office. Ratio: For if the
Mayor and Sheriffs could not make fuch le-
turn, they would be eiopped by their Admit-
tance, to fay it afterwards, although tuc Ad-
mittance by the Mayor and Sheriffs Thould srot
work any Prejudii to another. And fo there
is a Diverfity, when the Office granted by the.
King has an Intereft or Chgrge, by reafom of the
Matter or Thing granted, there they may ety*r
the Matter, &c. although it goes in B'ar of the
King's Title; contrd if the Officer hath nothing
to do with the Matter, but only as Officer,
without charging the Subjed; ad accordingly
it was adjudged; And it was then faid by Gaf-
coign, that theKing may charge his People,
without Affent of the Commons, in a Thing
that is for the Good or Profit of the People;: as
he may grant Pontage,, Murage or a Feiy; but
if the King grants Murage to ruch a Tow*,
where I and my Tenants have Parfage through
the Town; though fome of my Tenants pay the
Cuftom, yet I may forbid the extorting of it.
2zH. 4. 87. 13 H. 4. 14' 59. See the Office
of Brocage not grantable by the King. a2 Ed.
4- 79. Rot. Parl. 13 H 4- m,, 43-
As to the King's Grant of Tolls, &r. vide
ante 227. And Note; Every new Office ought
to be proclaimed as well as granted. 13 H 4. £5.
If the King grants to one to be quit of Efcapes,
this cannot be intended voluntary Efcapes. 3 H.
7. - The King cannot by his Patent difcharge
one who is bound by Prefcription to make or
repair a Bridge; but of Contribution to a Bridge
he may difcharge, at videtar. Zua-re 3 Ed. 3.
4f 44$. but he may difcharge a Fine for it.
37 H. 6* 4*
Xxx z joyed
574 Writ de Litertatibus allocandis.
joyed, as they fay ; We command you, that yea permit them the faid Burgefes, in
the Bench before you, to afe and enjoy the Liberties aforejaid, according to the Te-
nor of the Charter aforefaid, as they ought to ufe and enjoy them, and as they and
their Predecefors have always, from the time aforefaid, hitherto been accufjomed
reafonably to ufe and enjoy thofe Liberties. . Witnefs, &c.
And if any do claim a fpecial Liberty to be impleaded within the City or
Borough, and not out of the City, then the Writ fhall be fpecial, thus:
The King to the fame, greeting: Whereas amongfi other Liberties which for the
Improvement of our Town of R. are granted by the Charters of our Progenitors
fome time Kings of England, to the Burgefes of the fame Town, it is granted to
them, that they fhall not implead or be impleaded any where eye than within the
faid Borough before, &c. of the fame Town, touching any Tenures therein, or
Trefpaffes and Contrafts committed or made within the fame-Borough, as in the
Charters aforefaid is more fully contained- which faid Liberty they tMe faid Bur-
gefes and their Predecefors Burgeffes of the fame Town, from the time of making
of the Charters aforefaid always hitherto have reafonably ufed as they fay: We
command you, thatyou permit them the faid Burgefes before you to ufe and enjoy
the Liberty aftrefaid, according to the Tenor of the Charters aforefaid, as they
ought to ufe them, and as they and theirfaid Predeceforsfrom the time aforefaid
always hitherto have been accuflomed to afe and enjoy them. Witnefs, &c.
And every one who claimeth any Liberty, and juftifieth by the fame any
Ad done by him in any Court before any Manner of Juftice or Juftices, and
the Juftices will not allow that Liberty, or delay to allow the fame, then he
(230. may fbe forth that Writ.. And thofe Writs are of feveral Forms, as appear-
eth by the Regifter,, and may be fued by a Body Corporate or--by a fingle
Perfon, as the Cafe fhall happen, &c. And the Barons of the Cinque Ports
may- fbe forth fuch Writs, if they be delayed to have their Liberties allowed
unto them.
And the like Writ may be fued to the Juftices of the Foreft, commanding.
them to allow Charters granted to any Perfons, to have Paflure, or to be quit
of Pannage there.

Writ
 Writ de Corrodio habendo.

A HE Writ de Corrodiobabendo lieth, where the King is the Founder in the sd 4 rs.
T Right of his Crown of any Abbey (a) or Priory, or other religious So evey con-
Houfe. Now of common Right the King ought to have a Corrody, and a n Prfn,
reafonable Allowance for any of his Vadelets in the fame Houfe. And fo of der, and doth
every Bilhoprick in England and Wales, the King ought to have a reafonable not give in
Penfion for his Chaplain, until the (b) Bifhop have promoted him to a con- Frankal-
Bvenient Benefice. And the Form of the Writ for the Corrody is fuch: Ed.3, mag9ne: 4
o 24. and
1o H 4. 6. o Air 6,
Vide a Ed. 4. 8. That the King writ for his Vadelet by his Prerogative, by- which Br. collic&, that a Foa-
der, common Perfon, thall not have a Corrody.
14 H. 6. 11. If the King found a Frank-chapel, he 1hall not have a Corrody nor Penfion.

Tbe King to his beloved in Cheyt the P"rior and Convent of N. greeting: IWe,.
willing that for our beloved Valet of S. fit Corrody be providedfor him,, have com- r Ed 4. rm
manded him to be fent to you, requiring that, admitting him the faid S. into your The Writcoc-
faid Hofe, fah Corrody be adminiffred
faid Houe, futh to -him in all Things, as P.. now deceafed oht to
ain theKingI,
had while he lived in the fame, and caue to be made and delivered to him upen Title to thbe
this Occaonyour Letters jigned with the common Seal of your Houfe, making men- Corrody.
rion of thofe Things which he fihall fo receive in your fame Hofe, for doing whish
for us we will be efpecially bound to your Houfe for the future; and what you fhall
order to be done upon this-our Requeft write back again to as by the Btarer of thefe
Prefents. Witnefs, &c.
There is another Form of Writ, where the King will write for the Servants,
of his Grandfather or Father, thus:
The King to the fame: We regardingthe acceptable and laudable Services whichi
our beloved Servant A. hath hitherto done to our Grandfatherand us, willing for
him the faid A. (who is not yet providedfor of his Maintenance by them our Grand-
father or Father, or by us) to provide juch Support as we are bounden, have com-
manded him to be orderedtoyou, requiringthat, admittinghim the faid A. into your
faid.Hoafe, you adminiffer to him jach (Corrody or) Support, both in Vibicals and
Cloathing and other Nkcefaries, as R. lately deceafed had by the Command of our
Grandfather, to be perceived in your faid Houfe, and caufe to be made and deli-
vered to him on this Occaflon your Letters Patents, &c. (as above),.

(al It feems, if the King founds an Abbey to
hold of an Honour, he thall not have a Cor-
rody. 9serr 24 Ed. 3. 72.
(b) This is due from every Bilhop of common
Right, and cannot be ditcharged by Prefcription.
9 Ed. 4. 40, &e. There the Bilhop of St..Da-
*mid's was charged, that he had alledged, x.
That it was. of the Foundation of the Prince of
Wales, and that the Avoidance belonged to the
Irincipality; whercto. it was anfwcred, that-bo.
fore the Conqueff that Principality was, held' or
the King as of his Crown; and by Forfeiture of
the Prince of Wales became re-annexed to the
Crown, with all Patronages of the Biflioprick.
2. That although the Principality was given to,
the Prince, yet for that the Blihop had fued the,
Temporalties out of the King's Hands in Chan
cery,. he was chargeable to the Kingt ToH. 4 . 6.
See a Corrody for a Feme in the Priory of
Berondeyj. Lib. Parl.Ed. z. 193)
And!
 JWit de Corrodio habendo.
Note; If antnAbbey which a common Perron And fo where the King is Founder of any Ab- C
tey wing by EcmmhPerro bey or Priory of Nuns, the King fhall have a
hath comet h to the Kimg by Efcheat s yet he ,
thall not ha ve a Corrody, becaude it is not of Corrody for the Queen's Maidens, or others of
his Foundati on. L. 5 Ed. 5. 118. Br. Corrod. j. her Coufins, for whom he pleafeth for to write,
6. Yet the King may have a Corrody where he &c. But if the King will write unto an Abbey of
is not Fou nder, but that is by [pecial Grant. Monks, for a Maiden to have a Corrody there
z Ed. 4-. TO
38 Ed. 3. Br. Contemp. 5. and 39 H. 6. 48* for her Suftenance, &c. it feems the fame fhall
If the Abbot will not admit the King's Vadelet, not be obeyed, for the Inconveniency thereof;
he who oug ht to be admitted thall recover Da-nor contrary, if he write to a Nunnery for his
mages, and not the King, for that the King Vadelet to have a Corrody there: Tamen quare.
hath only tibe Prefentation to the Corrody, and There is another Form of Writ, thus:
the Party th e Damages. D
44 Ed. 3. 25. per Knevit, if theKing and The King to his beloved and faithful the Abbot
another giv e Land to craft, &c. the King is and Convent of B. greeting: We willing of our fpe-
Founder. cial Favour for our beloved Valet R. by reafon of
his good Service to us done and to be done, for whom fitting Support is not yet,
&c. as above.
(a) And upon thefe Writs, if the Abbot or Prior will not do according as E
he is direited to do by the Writ, an Alias and a Pluries fhall be awarded, or
fignify the Caufe to us fhall be in the Writ of Pluries, and fiall be returned
unto the King's Bench-; and if he do not return the fame, an Attachment
fhall be awarded againft the Abbot, Prior or Priorefs.
And if the King write for fuch Corrody unto an Abbey or Priory, and they
grant Parcel of the Corrody unto him for whom the King writeth, but not
-22 Ed. 4, 7, 18, .19. HulTey and Fairfax I all, nor fo much as others had before; then the
If an Abbot rant to A. to have a riody, hi King, upon a Surmife thereof made in the Chan-
operatr by the Grant: But if he grant a Cor- cery, fhall grant a Writ of Sicut alias dire6ted
rody, or fo much Bread and Ale, &c. it is a unto the faid Abbotor Prior, &c. cefiring them
good Grant of thofe Things, but it is no Cor- that they grant the like Livelihood in all Things
rody, but a Profit for every Corrody hath his as any other hath had before in the fame Houfe.
'Jeginning by
And if the Abbot or Prior upon the Pluries re-
turn any Matter of Excufe, wherefore he ought not to grant~fuch Corrody,
which Return feemeth unto the Court where the Return is made, be it in the
Chancery or in the King's Bench, to be no fufficient Return, then the King
Thall grant fuch Writ:
The King, &c. greeting: Whereas we being lately willing to provide for our
beloved N. of a fit Support, by reafon of his long Service to Lord Edward lately
King, our Grandfather, and to us done, fent him to you, and have oftentimes com-
.nanded you, requiringthat you jhould admit him the faid N. into your Houfe, and
,grant to him fuch Support, &c. andJhould make your Letters, &c. or Jhouldfignify

4a) If the Abbot returns Caule at the Sicut
abas, and none comes on the King's Part to
counterplead u.se Cade, the Abbot fhall be di-
charged. a i H. 4. 8I. But if any comes for
the King, and counterpleads the Caufe, they
thall not interplead thereon, but a Pluries and
an Attachment thall Bue, and on the Attach-
2nent they ihall plead, by Ga;iosn. I IH. 4.- 87
Note; It was Venirs eoram Coadio, and there the
Title of the Patronage was in liffue, and found
for the King; and adjudged, that the King
thould recover the Patronage, and the Tempo-
ralties be feized, for that they elefied the Prior
without the King's Leave, &c. 38 Af. 22. Vide
p. 2 3 .B.
A the
 Writ de Corrodio habendo. 51
de Caufe to us wherefore you kave not obeyed our Commands fo often direrted to
you thereupon, and you. have fent to us in our Chancery certain Caufes of Excufe,
which -Me ;hink infufficient ; 9 herefore we command you, firmly injoining that you
admit the fame N. into your Houfe, 8c.
F And if an Abbot or Prior at the King's Requeft do grant a Corrody to B.
for Life, andafterwards B. will furrender the Grant of his Corrody unto the 1 231-
Abbot or Prior, to the Intent that C. have the fame for his Life, then he
ought for to fue a Writ to the Abbot or Prior, thus:
The King to his beloved, &c. the Prior and Convent of R. greeting: Whereas
our beloved S. at our ReguefJ obtained a certain Corrody in your faid Priory, and
is willing that our beloved Valet N. may have the whole Eftate which the fame S.
hath in the Corrody aforefaid, and for That Purpofe S. is ready to furrender to you
the Letters Patent by you aqnde to him of the faid Corrody, as he Jays, befeeching
us that we .ill vouchfafe to yield our Affent hereunto ;.We regarding the Prayer
of him the faid S. .and moreover king willing Io do the faid N. a more abundant
Favour in this Aatter, command you, requiring that if the faid S. is willing to
furrender the faid Letters to the Purpofe aforefaid, ,then having received thofe
Letters intoyour Power, admitting him the faid N. into your faid Houfe, grant
to him. to perceive of your faid Houfe the faid Corrody for the whole Life of him 19 Ed 3-
the faid N. and caufe to be made and delivered to him your Letters Patentfor the Fines o.
faid Corrady undir the Seal of your fai" Houfe and what yonJhall order to be levie a
done at. this our Requeft, write back again to us by the Bearer of theft Prefents. Corrody.
Witnefs, &.c. s roME
j,.
Br. Corrod.
Nuper ob"it- of a Corrody,. and Dci de libero Tenem'; quod vide i4 H. 6. I and Ia. AffifeC lieth of a Co
rody, contrary of a Penfion.

A And upon that he fhall have an Alias and a Pluries, and Attachment,. if
need be.
B And if an Abbot or a Prior admit one to a Corrody upon the King's Writ 14H.: 1,1
fent him,. if he dieth-who is fo admitted, the King may write for another to
have the fame Corrody.
But if the King have a Penfion in any Abbey or Priory for his Chaplain, 14 . 6. I1.
if the Abbot or Prior upon the King's Letter grant a Penfion to his Chaplain,
and the Chaplain dieth, the King cannot write for, or grant a new Penfion
unto another Chaplain during the faid King's Life;, and if he do, the Prior is T4 H. 6. 1
not bound to grant the fame; but it is otherwife of a Corrody. and 12.
And yet fome fay, that upon the Ceffion of an Abbot or Prior, the King i4H. 6. z.
fhall have a new Penfion granted to his Chaplain ;- but quere of that.
C And if the King have a Corrody in an Abbey or Priory to have certain 8Ed. 4 )7 .ac.
Bread and certain Gallons of Beer, &c. the King may grant the fame to feve-
ral Men; but where he hath a Corrody to have Livelihood of one Man, to. 14 H. 6. iir
fit with the Servants of the Abbot, there he cannot grant the fame but to one and 2.
D Man only. And the King may releafe to the Abbot or Prior his Title to the Hd. 3,12-
Corrody, if he will. 14 Ed. 3 . and.
14 Ed. 3. and,'
z4 Ed. 3. 31. 14 Ed. 31 Corrody 7 and 4. and Corrody + and 5 . Co. Lit. 97. a. 5 o AffE 6. 44 El. 3-. z4 .a.

M And.
5.8 Writ de Annua Penfione.
(a) And if the Abbot or Prior do receive one to a Corrody upon the King's E
Letter, and thereupon doth make him a Grant thereof; thereby the Abbot
or Prior and their Succeffors (hall be bound for ever. Otherwife it feemeth,
if the Abbot had granted the fame upon the King's Requeft.
And T* 4 Ed. 3. it is holden, that the Abbot or Prior who holdeth of the F
King in Frankalmoigne fhall not be chargeable with any Corrody.

Writ de Annua Penfione.

of an Abbey or Priory for G
A ND when the KMng
his Chaplain, the King a yearly
hath thall his Writout
fend Penfion unto the Abbot or Prior, &c.
to grant the faid Penfion to his Chaplain, and the Writ thall be fuch:
The King to his beloved in Chrift the Abbot and Convent of C. greeting:
Whereas you by reafon of your Creation of the faid Abbey are bounden to one of
our Clerks (whom we fhall be moved to name) in a certain yearly Penfion to be
received of your Houfe, until he jIhall be provided of a competent ecclefafical Be-
nefice ; and we defiring the Promotion of our beloved Clerk A. (from his Merits
requiring it) are moved to name him to receive fJch Penjion of you ; Therefore we
command you, that you grant to him the faid A. fch Penjion to be received of
your Houfe in Form aforefaid, as may become the Givers, -and may render the Re-
ceiver more frongly obliged, hereupon caufiing to be made and given to him the
faid A. your Letters ligned with the Seal of your Chapter; and what you fhall be
induced to do thereupon, write back again to us without Delay. Witnefs, &c.
And the Form of the Grant of the Penfion is fuch: H
To all to whom thefe prefent Letters [hall come the Abbot of T. and the Convent
of the fame Place fend greeting, &c. Know ye that we, at the Inflance of the
snoft illuftrious Prince Edward by the Grace of God King of England, have given
and granted to our beloved in Chrzik A. Clerk, one hundred Shillings Sterling, to
be received of our Chamber in the Feaft of Saint Michael yearly, until we jhall
have providedfor the fame A. a competent ecclefiaftical Benefice for him, and this
we promife to do for him as foon as an Opportunity Ihall offer ifelf; but the faid
A. by himfelf, or his Proffor lawfully appointedfor this Purpofe, may receive the
faid one hundred Shillings every )ear at S. In Witnefs, &c. we have commanded
the common Seal of our Houfe to be put. Dated in our Chapter, &c.
And it appeareth by an ancient Roll in the Exchequer, of what Abbies or
Priories the King ought to have a Corrody and Penfion, and of what a Pen-
fion only, and of what a Corrody only; the Copy of which followeth:

(a) See i8 Ed. 3. 2. In libera Cape/a Regis, Priory and Convent. 14 H. 6. ja. for the Pri.
shbough the King had before tranflated it to the cry of Saint Bartholomew.

The
 Writ de An=a Penione. 5219
The Names of the Corrodies and Perfions in England which are of the
King's G&t, according to the Book in the Exchequer.

IN the Abbey of Glafenbury, i C. In the Abbey of Thornty,

i P. In the Abbey of Ramfey,
a C. i P.
i C. i P.
in the Abbey of Mochelny,. 2 C. x P. In the Abbey of Peterborough,IC. xP. L232. 1
In the Abbey of fewk/ury, x C. In the Abbey of Crowland, 1 C. I P.
In the Abbey of Clive, .C i P. In the Abbey' of St. Benedif in Norfolk,
In the Abbey of Ford, I C. I C. I P.
In the Abbey of Buckfaft, i C. In the Abbey of Bury, i C. i P.
In the Abbey of Sherbar, x C. x P. In the Abbey of retfurth, i C. i P.
In the Abbey of AbbatAury,. x C. I P. In the Abbey of Pipwel, . C. i P.
In the Abbey of Bewdley,- iC. x P. In the Abbey of Leicef.' I C.
In the Abbey of Shaftfbury, a P. In the Abbey of Newfed, I C.
In the'Abbey of Winton, I C. 1P. In the Abbey of Pomfret, i C. x P.
In the Abbey of Worwel, i P. In the Abbey of JWorfore, I C.
In the Abbey of Hide, I C. i P. In the Abbey of Blith, I C.
In the Abbey of Battel, IC i P. Ip the Abbey of Watham, 2 C. x P.
In the Abbey of Waverly, i C. In the Abbey of Barking, C,
In the Abbey of Malmjbury, 2 C. i'P. In the Abbey of rower-hill, xC.
In the Abbey of Sleveburn, I P. In the Abbey of Bermondfey, x C.
In the Abbey of Southwick, i C I P. In the Abbey of Chriftchurchland, i C.
In the Abbey of Sufefer, 2 C. iP. -xP.
In the Abbey of Stonley, i C. In the Abbey of Feverjham, xC.
In the Abbey of Briftokom, x P. In the Abbey of Chirfey, x C.
In the Abbey of Hurtey, i C. In the 4bbey of St. Mary in York, i C.
In the Abbey of Reading, i C. xP. In the Abbey of Durham, i C. i P.
In the Abbey of Mefenden, i-C. In the Abbey of finmouth, I P.
in the Abbey of Glocefter, 2 C. i P. In.the Abbey of Withy, I C. I R.
In the Abbey of Langton, I P. In the Abbey of Meives, I C.
In the Abbeyif Peyhore, a C. x P. In the Abbey of Altney, I. i P.
In the Abbey of Wichcomb, i -C I P. inthe Abbey of Wardox, iC.
In the Abbey of Ofney, I C. x P. In the Abbey -ofCrifon, iC.
In the Abbey -of ans'e, i C. In the Abbey of Selby, 2 C.
In the Abbey df Dorcefter, i C. i P. In the Abbey of Sparhall, i C.
In the Abbey df Abingdon, 2 C. i P- In the Abbey of Dorfley, iC.
In the Abbey of Evehain, i C. i P, Inthe Abbey of spading, C.
In the Abbey of Godftow, I P. In the Abbey of St. Auuftine in Canter-
In the Abbey of Notley, i. C bury, I C. I P.
In the Abbey of Southamipt. I C. i P. In the Abbey of rhornton, i C. x P.
In the Abbey of Lill, i-C. In the Abbey of Twierdart, 1 4C.
In the Abbey of Shrewfiury, x C. i'P. In the Abey, of Noveyton, x P.
in the.Abbey of,Cheer, i C. x P. In the Abbey of Cotejhall, x C.
In the Abbey of Vale Royal, xC. In the Abbey of Monmio'th, C.
Jin -the Abbey of Burton, a C. xP. In the Abbey of Wefminfter, P.
Y.yy In
 #30 Writ de Idiota inquirendo & examinando.
TiitheAfbbey of St. Saviour's in Canter- In the Priory of Royflon, I C.
bury, iC. x P. In the Abbey of Kennelworth, i C. i P
In the Abbey of Daventry,, IC. In the Priory of Coventry, xC.
In the Abbey of Crifial, IC. In the Priory of futbury, aC.
In the Abbey of Stratford, aC. In the Priory of Ely, I C.
In the Abbey of Milton, 2 C. In the Priory of Bedwell, C.
In the Abbey of Serne, iC. 2 P. In the Priory of Norwich, I C. x P.
In the Abbey of Combe, IC. In the Priory of Lenton, xP.
In the Abbey of Grenuby, IP. In the Priory of Sefword, iC.
In the Abbey of Merival, aC. 1P. In the Priory of Merton, C. x P.
In the Priory of Bath, IC. In the Priory of Lewes, I C.
In the Priory of Montagu, IC. In the Priory of Wenlock, I C.
In the Priory of fiavejiock, C. In the Priory of Winchejier, I C. I P.
In the Priory of St. Augujin in Briflol, In the Priory of Bordjly, xC
2C I P. In the Priory of Standeate, I C.
In the Priory of Almbury, aC. In the Priory of St. Andrews in North-
In the Priory of Stethorne, iC. ampton, I C. I P.
In the Priory of Bradftow, a'P. In the Abbey of Bodmyn in Cornwall,
In the Priory of Worcefter, aC I C.
In the Priory of Sedfwortb, I C. iP. In the Abbey of St. 7ames's in North-
In the Priory of Dunfiable, I C. 1P. ampton, xC. x P.

Writ de Idiora inquirendo & examinando.

Vide z56. D. OTE, That the King by the Law, of Right, is for to defend his Sub- A
iN jeats, their Goods and Chattels, Lands and Tenements; and therefore
in the Law every loyal Subje& is taken into the King's Proteaion ;, and if he
be put out of the King's Proteaion for his Offence, then every Man may do
to him as againft the King's Enemy, and he hath no Remedy for the fame by
the King's Laws. (a) And becaufe that every Man is within the King's Pro-
te&ion, an Idiot, who cannot defend or govern himfelf, nor order his Lands,
Tenements, Goods nor Chattels, the King of Right ought for to have him -in
his Cuftody,. and to rule him and his Lands and Tenements, Goods and
Chatters; and that appeareth by the Statute of PrerogativaRegis, cap. 8.
Staundf. 34. And therefore when the King is informed, that one who hath Lands or Te- B
j8 Ed. 3. nements is an Idiot, and is a Natural from his Birth, the King may award his
Ski. fac. 1o. Writ to the Efcheator of the County where fuch Idiot is, or unto the Sheriff,
to inquire thereof; and the Writ which fhall be direaed to the E4icheator fhall.
be fuch:
4a) Note; If only a Right of Entry or A1on Note; The King has the Culody of an Idior
defcends to an Idiot, the King thall not have the to his own Ufe, not to of a Lunatick; thetefore
Cuftody thereof. 1 H. 7. 24. 29 Ed. 3. 43. his Committee hall not havc Aid of the King,
Alfo the Copyhold of an Idiot is not within the Dyer z..
Ordering of the Court of Wards, but the Court
fdthe Manor. 'Dyer 3ot
 Writ de Idiota inquirendo & examinando 53 t
The King to his Efcheator, &c. greeting: Becaufe wehahve received Informatidf
that I. of B. is foolih and an Idiot, fo that he is not fufficiently able to govern
kimfelf, his Lands, ,ienemnts, Goods and Chattels, and that he in his Fool'nefs
bath aliened a great Part of his Lands and Tenements, and alf bath wafted a
great Part of his Goods and Chestels, to his own Diherifon and our manifeft Pre-
judice ; We beig williag to take carefor the Indemnity of him the Jai4 I. in this E233.]
Behalf, command you, that you go to him the faid I. in your own Perfon, and cir-
eumfpealy examine him by fach Ways and Means touching his Condition, as-you may
heft be informed; and neverthele/sdiligostlyinquire by the Oath of boneft and law/id
Men of your Bailiwick, by whom 'the Trath of the Matter may be better knaum, whe-
ther the faid I. be foolfh and an Idiot, as is before faid, or not ; and if he be, .then
whether from his Nativity, orfrom any other Time, and if from any other Time, then
from what Time, and how and in what Manner, and if he enjoys lucid Intervals,
andwhether he the faid I. being in fuck Condition, aliened any Lands or Tenements
or not, and if Jo, then what Lands and what Tenements, and where, and (a) to
whom or what Perfons, and in whofe or what Per/ons Hands the Lands and Tene-
,ments fo aliened are, and how and in what Manner, and what Lands and what
Tenements fo yet remain, and of whom or of what Perons aswell the Lands and
Tenements fo aliened, as the Lands and Tenements retained to himfelf are holden,
and by what Services, and how and in what Manner, and how much they are
worth by the Tear in all Ifas, and who is his next Heir and of what Age: And
the Inquiition thereof difIinfily and openly made, fend to us in our Chancery under
your Seal and the Seals af thofe by whom, &c. and this Writ. Witnefs, &c.
A And there are two other Manners of Writs of another form in the Regi-
fter, which are direted unto the Efcheator, to go to fuch Idiot, and to exa-
mine him, and to inquire thereupon. And the Form of the Writ which is
direaed unto the Sheriff for to inquire of an Idiot, is fuch:
The King to the Sherif, &c. We command you, that by the Oath, &c. you di-
digently inqsire whether I. of B. the Brother and Heir of T. of B was a perft&:
Idiot from the Time of his Ntivity always hitherto, by which the Cuftody of his
Lands and Tenements in C. ought to Aeog to us, or fell by Misfortune or other
Manner intoafuch Ifirmity afterwards, for which fach Caftody ought not to belong
-to us; and if by Misfortune or other Means, then by what Misfortune, and how
and in what Manner, and of what Age he was, and of whom the Lands and Te-
'nements are immediately holden, and by what Services, and who now holds them,
and how much they are worth by the Year in all Ifues, and reho in the mean time
bath received the Ifues thereof, and the Inqgaiition thereof deflinfily and openly, &c.
And there is a Form of Writ dire&ed to the Sheriff for to inquire of Idiots,
which is much of the like Form as the firft Writ above is; and -it is direded
to the Efcheator to make the Inquiry.
And although a Man be found Idiot by Inquifition taken before the Ef-
,cheator, or before the Sheriff, and by their Examination, &c. and that be re-
turned into the Chancery; yet.he who is fo found Idiot may in Perfon, or by

(a) And a $cirfacias all.iffie agiiA them. i S.Ed. s. &irefacias 1o. 3s Ed 3. ibid. o6.

Y yy 2 :hfis~
 5p Writ de Idiota inquirendo & examinando.
his Friends, come into the Chancery before the Chancellor and the King's
Council, and thew the Matter, and pray that he may be examined before the
Chancellor and the King's Council, whether he be Idiot or not, or he may
fue forth a Writ out of the Chancery to certain Perfons, to bring him who-
is fo found Idiot before the King and his Council to Wefiminfler, to be there
examined ; and if he be brought thither and examined, and found to be no
Idiot, then the Inquifition found before the Efcheator or Sheriff, and alfo the
Examination which the Sheriff hath made, and returned thereupon, fhall be
of no Effe&, but the fame Office fhall be taken as void, without any other
Traverfe, as it feemeth. And the Writ which fhall be dire&ed to the Party
to bring the Idiot before the King's Council, fhall be fuch:
16 Ed. 3. The King to I. of T. greeting: Becaufe we are given to underfiand, that R.
Lwery 30o your Brother, the Son and Heir of B. deceafed your Father, is an Idiot, and is not
of found Mind, fo that he is not fufficient to take care for the Government of him-
felf or his Lands ; We being willing to be certified of the Condition of the faid R.
your Brother, command you, firmly injoining that forthwith, upon Sight of thefe
Prefents, the faid R. being in your Cuftody, as it is [aid, without Delay you caufe
him to be brought before us and our Council at Weftminfter, fo that he may be
there upon this infant Thurfday, there to be examined before our fame Council,
and to do thereupon that which upon the Advice of our Council we Ihall command
to be ordained upon -this Matter. And this you are in no wife to emit under the
Pain of one hundred Pounds. W7tnefs, &c.
And he who fhall be faid to be a Sot and Idiot from his Birth, is fuch a B
Perfon who cannot account or number twenty Pence, nor can tell who was
his Father or Mother, nor how old he is, &c. fo as it may appear that he
hath no Underftanding of Reafon what Ihall be for his Profit, or what for his
Lofs: But if he hath fuch Underftanding, that he know and underftand his
Letters, and do read by Teaching or Information of another Man,; then it
feemeth he is not a Sot nor a natural Idiot.

Writ
 533
Writ de Apofta capiend'.

T Religion,
THE profeffed,capiend'
and deisApofata
Writ (a) lieth, where a Man doth enter into,
and afterwards he 'leaveth his Houff,
Vagrant, and running about the Country, againft the Rules of his Order of
and is,

Religion; then the Abbot or Prior where he is profefred may c. rtify the
fame under his Seal into the Chancery, and pray to have a Writ to the Sheriff
to apprehend him, and deliver him to the Abbot or his Attorney; and the
Form is fuch:
The King to the Sherif, &c. greeting: Becaufe Frier I. Canon of A. defpiing [234.]
the Habit of that Order, is Vagrant, and runs up and down from Cogntry t"
Country in your Bailiwick in a fecular Habit, to the Peril of his Soul, and the
manifeft Scandal qf his Order, as our beloved Abbot of A. hathfignifed unto us
by his Letters Patent: We command you, that you Arreft the aforefaid I. where-
foever he Jhall happen to be found in your Bailiwick, and deliver him to the faid
Abbot, or to his Attorney in this Behalf, to be chftifed according to the Rule of
the Order aforefaid. Witnefs, &c.
A And upon that he may have an Alias and Plaries againft the Sheriff,. and
an Attachment, if he will not execute the Writ.
B There is another Writ of another Form thus:
he King to the fame, &c. greeting: Becaufe Frier T. cf the S. Order of
Clune, profefed in that Order, defpfing the Habit of that Order, &c. as our
beloved in Chroi the Abbot of B. by his Letters Patent hath lignifed to us: We
command you, that, &c. (as above).
C And it feemeth, that although. he who- departeth from his Houfe or Reli-
gion doth not change his Habit, yet if he be Vagrant, &c. .and the Abbot
of the Houfe do certify the fame, he fhall, have fuch Writ, notwithftanding:
thefe Words in the Writ (fpreto-Habita, &c.) for thofe are but Words of
Form, and not of Subftance:. for the Habit of Religion is the Obedience and
Profeflion which. he hath made to fuch Rule, &c. and if he relinquiffh tfat.
Obedience, and the Rules of that Religion, and departeth, it feerneth that he
doth relinquilk the Habit: And if that Departure be certified by any Abbot

(a) Rot. Pat. 2 Ed. i. M. z4. A Patent made
for the Procurator of the Houfe of St. Anthony,
to come and take up vagrant Friars, & Si Fra-
sees & procauratoresdia' Dom' contingntes & No-
mine Fratrumprediaor'animalia & Bona petuat
& recipiant, and commanding to arreft all fuch
as go about without a Teftimonial of the Procu-
rator, and to take fuch Monies and Goods, and
deliver them to the (aid Procurator; Et !i/farAx
Ziteras Regias Datum prafentium procedentes ju-
per Admyose soram adhufioodi Elsemoynas colli-
gendas prRedia ProcUratores%limoiUM legitims
mon baeante exhibeat, minime parats, &c.
See alfo 22Z Ed. 3. a. Trefpafs by the Prior of
ando his Conffere fohHda-
hAa Friars Pseachean
Battery of the faid . ad'&mpmiprwdWfPI i
on:, againt the Abbot of C. who pleads, thar
.4 was a Co-canon of his Houfe, and that he
fued to the King, who commanded that he
hould take him where he could find him;
whereupon he took him- and carried him to
Prifon. And, by Order of Court he was put to
confefs that he was a Frere of the Plaintiff ard
demur, or efe to traverfe the Matter alledged;
whereupon he pleaded by a Traverfe, afaqUI &r,
that he was Frn of the Plaintiff and 11rue be-
ing joined thereon, a Writ went to the Bifhop of
the Diocefe where the Plaintiff was, who certi-
fied that he was his Frer.
o
where
534 Writ de Leiof'o amovendo.
where fuch Perron was remaining, and under his Obedience when he depar-
ted and relinquilhed his Religion, the fame is fufficient to have fuch Writ
upon fuch Certificate , or if it be certified by him who is the Vifitor of the
religious Houfe, &c. But there are not any Writs in the Regiffer framed
upon fuch Certificate made by any Vificor or Abbot of any other Houfe, upon
which the Party who left his Habit was not remaining at the Time, and there.
fore Quere of the fame.

Writ de Leprofo amovendo.

Man is a Lazar or a Leper, D
T E Writ
Hand de Leprofo
is dwelling in any he willa come into the Church, or
and where
Town,lieth,
assovendo
amongft his Neighbours where they are affembled, to talk with them, to their
Annoyance and Difturbance; then he or they may fue forth that Writ for to
remove him from their Company; and the Writ is fuch:
T'he King to the Sher#y, &c. or to the Mayor and Shertfs of London, greeting: E
Becaufe we have received Information that I. of N. is a Leper, and is commonly
converfant amongft the Men of the City aforefaid, and hath Communication with
them as well in publick as in private Places; and refufes to remove himfelf to a
folitary Place, as the Cuftom is, and to him belongs to do, to the great Damage of
the Men aforefaid, and manifeft Peril by reafon of the Contagion of the Dzfeafe
aforefaid; We being 'willing to take Precautionagainft frch Danger, as tc us ap-
pertains, and that that which is juft and bath been ufed, be done touching the
Premifes, command you, that taking with you certain difcreet and lawful Men of
the City aforefaid, not fufpelled, who have the be/k Knowledge of the Perfon of
the faid I. of N. and of fuch Difeafe, you go to him the laid I. and caufe him to
be feen and diligently examined in the Preence of the faiti Men, and if you jhall
fnd him to be a Leper, as before is faid, then without Delay, in the beft Manner
,you can, raue him to be carried away, and removed from the Communication of
the faid Men, to a folitary Place, ,to dwell there,- as the Cufom is, left by fuch
his common Converfation, Damage or Peril}bould in ayy wife happen to the faid
Men. Witnefs, & c.
And upon that he may have an Alias and a Pluries, and Attachment againft F
the Mayor, or againft him to whom the Writ is direaed, if he will not exe-
cute the Writ.
But it feemeth, if a Man be a Leper or a Lazar, and will keep himfelf G
within his Houfe, and will not converfe with his Neighbours, that then he
thall not be moved out of his Houfe. But there are divers Manners of Le-
pers; but it feemeth that the Writ is for thofe Lepers who appear to the Sight
of all Men that they are Lepers by their Voice, and their Sores, and the Pu-
trefaation of their Flefh, and by the Smell of them: But for thofe who are
infeded with that Difeafe in their Bodies, and it doth not appear outwardly
upon their Bodies, Qere, whether fuch Writ lieth for to remove them.

Writ
 535
Writ De deonerando pro rata portione
H T HE Writ De deonerafido pro rataportione lieth, where a Man holdeth ters Plow. u2P
.I.Oxgangs of Lands by Fealty, and twenty Shillings Rent of the King,
and the Tenant doth alien one Part, or one Oxgang, to one Man, and ano-e
ther Oxgang to another Man in Fee, and fo to others the reft of the Oxgangs,
and the Sheriff or the King's Officer will diftrain one of the faid Tenants for the
whole Rent; then he who is diftrained may fue forth that Writ, which is thus:
The King to the Sherif &c. greeting: I. A. and W. have/hewed unto us, that
whereas four Oxgangs of Land with the Appurtetances in E. which were B.'s
and which are holden of us by the Service of thirteen Shillings by the rear, to be
rendred by the Hands of our Sherif of the Coanty aforejaidfor the time being, are
come to the Hands of the faid I. A. and W. and alfo to the Hands of T. by their
Purchafe; and although they the faid I. A. and W. only hold two Oxgangs of [235. 1
Land thereof, you neverthelefs exaff the /aid yearly thirteen Shillings of thefaid I.
A. and W. omitting the faid T. who holds the other two Oxgangs of Land, and
compel them the [aid 1. A. and W. by various Deftrefes, to render to us the faid
yearly thirteen Shillings, to the great Expence and Grievance of them the faid I.
A. and W. whereupon they have befought us to apply a fit Remedy for them : And
becaufe we will not that the faid I. A. and W. be injured in this Matter, we
commandyou, that if upon Inqueft upon the Premffes to be made, or by other law-
ful Means it jhall appear to you, that -the aforefaid four Oxgangs of Land are
held of us by the Service of thirteen Shillings only, and that they the faid I. A.
and W. hold two Oxgangs of Land thereof, and the faid T. the other two Ox-
gangs of Land, the Refidue, as it is faid, then having received of the faid I. A-
and W. Ihofe Services which to us belong, for the proportionate Share of their
holding, which they hold thereof, you permit them to be quiet of the reft of the
Service: Provided always, that the /aid Rejidue of that Service be levied upow
the faid T. to our Ufe, as is jwft. Witn'efs, &c.
A And it appeareth by that Writ, that notwithflanding the Statute of Quia Br. Appar.
em ptores terrarum, that if the King's Tenant do alien Part of the Lands held COunt ar.
of the King, yet the King or his Minifter may diftrain one of the Tenants for Dyer zy.
the whole Rent, &c. although that the Statute faith, quod feoffatus teneat pro
particula illa, &. But it feemeth that the King is not bound by the Statute,
but a common Perfon is. For if a Man hold twenty Acres of Land by Fe-
alty, and twenty Shillings Rent of another Man, and he alieneth' one Acre to 29 R. 8. f.
one in Fee, and another Acre to another in ]Fee, the Lord fhall not diffrain 8.
the Alienee but for the Rate and Value of the Land which he bath purchafed, Perkins 1%,
and hall not diftrain one Alienee for the whole Rent, &c. But, ifthe King's-
Tenant doth alien Part of the Lands which he holdeth of the King without
Licence, then the King, may chufe whether he will take the Alienee for his
Tenant, or not; and then it is a Qgeftion whether the Alience fhall have fuch
Writ: But if 'the Alienee doth pay a Fine to the Kiig for the Alienation,
it is Reafon that he have fuch Writ as before, if he be diftrained for the -whole 27f. 8.
Rent which iffueth, out of all the Lands, whereof he hath purchafed but con.
P'art,,&c.
3AR
 536 Writ De deonerando pro rata portione.
And the like Writ as before is awarded to the Queen't Officers, where
they difirain one Tenant for the whole Rent, where he holdeth but Part of
the Lands, and feveral other Tenants hold the Refidue thereof.
Br. Appar. And if a Man who holdeth one hundred Acres of Land, ought by his Te- 3
count z i. nure thereof to repair fuch Bridge, if he alien in Fee twenty Acres to one,
Plow. I25. b. and twenty Acres to another, and one of them only be diftrained to make
the Reparations upon a Prefentment found; he thall have a fpecial Writ to
29 .8..a8. the King's Officers, that they do not diffrain him, but according to the
Rate of his Proportion of the Land which he holdeth; and the Writ is fuch:
9be King to his beloved and faithful I.' of T. and his Companions our 7fufices,
af/igned to inquire of the Defefls of the great Bridge of C. and to catife thofe De-
jefls ta be repaired and amended, greeting : It is Jhewed to us on the Behalf of R.
grievoufly complaining, that whereas it is prefented before you, that the fame R.
holds four Hides of Land with the Appurtenances in D. in the County aforefaid,
which have been anciently accufjomed to be charged towards the Reparation of the
faid Bridge: Or thus, Which are aferted to be bound to the Reparation of the
faid Bridge, and although he only holds twenty Acres of Land of the faid four
Hides of Land, and certain others hold all the Refidue of the jaid four Hides;
Neverthelefs you, by reafon of the Prefentment aforefaid, endeavour to levy feven
Pounds (at which Sum the jaid four Hides of Land are apportioned, for the Re-
paration of the jaid Bridge,) upon the faid R. as if he wholly held the four Hides
of Land aforefaid, whereas he does not hold the fame, omitting the other Tenants
aforefaid, and caufe him upon that Occajion to be grievou/y dilrained and much
difquieted, -to the great Damage of him the faid R. and the manfeft Opprefion of
his Eftate; whereupon he hath befought us to provide him a Remedy; And becaufe
we will not have him the faid R. to be unduly charged in this Aatter, we con-
miand you, that if by Inqueft to be taken thereon, in the Prefence of him the faid
R. if he will be prefent, or by other lawful Means it jhall appear to yoz that he
the faid R. holds but twenty Acres of the faid four Hides of Land only, and the
Reft of the fame four Hides of Land are in the Hands of other Tenants, as it is
faid, then caufe to be levied the faidfeven Pounds, at which the fid four Hides
-of Land are fo afejed, for the Reparationof the Bridge aforefaid, as well of the
faid R. as of the faid other Tenants, to wit, of every one of them according to
the Proportionof his Holding of the faid four Hides of Land, fparing no Body in
this Matter, nor charging any 9tnant of the fame unduly beyond the Proportionof
his Holding, notwithftanding the faid Prefentment. And if any thing be levied of
ihe faid R. unjuftly beyond the Proportion of his Holding, caufe it to be reftored
to him without Delay. Witnefs, &c.
There is another Form of Writ for the King's Tenant, where he is dif- C
trained for all the Rent, where he holdeth but Part of the Lands out of which
the Rent ought to be paid ; which fee in the Regifter.
But look the Statute of 34 Ed. 3. cap. i5. That if the King's Tenant in
Capite alieneth his Lands in Fee without Licence, the Alienation ihall not bind
the King, but that he fhall have his Prerogative of thofe Lands and Tene.
rnents; and therefore guere the Meaning of that Statute, and what is intend4
thereby.

Writ
 537

Writ of Superfedeas.
A HE Writ of Superfedeas lieth in divers Cafes: As if a Man be fued, and [ 236. 1
f aCapiasor Exigent be awarded againft him, he may by his Friend fue
forth a Superfedeas out of the Place where the Capias or Exigent was awarded
againft him; or out of the Term he may fue forth a Superfedeas out of the
Chancery dire&ed to the Sheriff, that he take Sureties of him, &c. to appear
at the Day, &c. and that he let him at Liberty; or he may find Sureties in
the Chancery to appear at the Day of the Return of the Capias or Exigent;
and upon this he fhall have a Superfedeas to the Sheriff, that he let him go, if
he have arrefted him thereupon; and: if he have not arrefted him, that then
he do not arreft. him, but fuffer him to go in Peace; and the Form of the
Writ is fuch:-
The King to the Sherif, &c. Whereas A. impleads before us by our Writ, B.
and certain others contained in our faid Writ, of a certain frefpafs to him the faid
A. by the aforefaid B. and the others aforefaid committed, as it is faid, and the
fame B. becaufe he came not before us to anfwer the faid A. of the 9refpafs afore-
faid, is put in Exigent in your County to be outlawed, he being whol/ ignorant of
the Exigent aforefaid; whereupon he hath befought us, that whereas he is ready
upon the PremJfes in all Things to fland to Right, we would ajfift him in this
Matter, we regarding the Supplication aforefaid, as far as it ]hall be juft, com-
mand you, that if. the faid B. coming Perfonally in your County, jhall render him-
felf to our Prefon as the Cuftom -is, then Superfede the Exigent aforefaid ; and
afterwards if the faid B. flall find you fufficient Bail, who fhall be Bail to have
him before us at jach a Day, whereon our faid Writ of Exient is returnablebe-
fore us, to anfwer the faid A. of the flrefpafs aforefaid, and further to do and
receive that which our Court fhall onfider in the Premiees, then in the mean time
caufe the faid B. to be delivered out of the faid Prifon (if he be detained in the
jame upon that and no other Occaion) by the Bail aforefaid: And have there the
Names. of the Bail and this Writ, &c.
And when he findeth Sureties in the Chancery for to appear at the Day
of the Return of the Exigent, then he thall have a Superfedeas of another Form;
which thall be fuch:
The King to the Sherif, &c. C. hath befought us, That whereas B. impleads
before us by our Writ, the faid C. and certain others of a certain frefpafs to the
faid B. by the faid C. and the others aforefaid committed, as it is faid, and al-
though the fame C. is ready to anfwer the faid B. of the Trefpefs aforefaid, (if
axy there was,) and in all things to ftand to Right, according to the Law and
Cuftom of our Realm, of England yet, becaufe you have returned before us, that
the faid C. was not found in your Bailiwick according to the Procefs thereof be-
fore us had, he is put in Exigent by you in your County to be outlawed, that we
would provide for his Indemnity in this-Behalf: We, becaufe that W. R. and I.
havedbecome Bail before us in our Chancery to have the faid C. before us at the,
Day whereon our Writ of Exigent againji him the faid C. is returnable, to anfwer.
the faid B. of the frefpafs aforefaid, being willing the faid C. &c. if he is put
Z .z z in
538 Writ 'f Superfedeas.
in Exigent aforefaid, by Occafion of the Premiffes and no other, as is faid, then in
the mean Time fuperfede doing any thing further in that Exigent, by the Bail
akcvei^id; and have there then this Writ. Witnefs, &c.
And if the Clerk, who hath the Keeping; of the Rolls for the Taking of 3,
Statute-Merchants, forge a Bond in the Name of another, and putteth the
Mayor's Seal, and a Seal in the Name of the Party, to the fame, and makes
,n Enrolment thereof in the Rolls, and afterwards doth certify the fame into,
the Chancery, for which a Capias is awarded againift the Party; then he againft
whom fuch Procefs is fued forth may come into the Chancery, and: have a
WVrit direaed unto the Sheriff, relating therein the whole Matter, and reciting
that the Party hath upon the Matter fued forth an Audita Querela, direated
to the Juffices of the King's Bench, commanding them to call the Parties be-
fore them, &c. and commanding the Sheriff, that if the Party who is fued
will find fufficient Sureties to the Sheriff, to appear at the Day in the King's
Bench, and to pay the Debt, if he be condemned, that then he do furceafe to
arreft or to trouble him, &c.
And if a Man do cite another by the Pope's Bull perfonally to appear at C
the Court of Rome, &c. againift the Statutes; now if he who made the Cita-
tion be committed to Prifon, he may fue in the Chancery to have a fpecial
Writ direded unto the Sheriff, rehearfing the Matter, commanding him, that
if the Parties will find fufficient Sureties, Body for Body, to appear before the
King and his Council at a certain Day, and perform what the Court thall ad-
judge or be decreed for the King or Council, that then he let him at large:
And by that Writ the Sheriff ought to fet him at Liberty; and if he will not,
he fhall have an Alias and a Pluries, and Attachment againft him.
If a Man depart from his Mafter without fufficient Caufe, and another D
knowing the fame, doth retain him, for which the Mafter bringeth a Writ
againft him for the retaining of his Servant, upon which a Capias is awarded,
he may in the Chancery find Sureties to appear in Banco at the Return of the
Writ, and have a Superfedeas thereupon to the Sheriff,, not to arreft him:
and if he have arrefted him, to fet him at Liberty.
And the like Writ and Superfedeas fhall be awarded out of the Chancery; E
if the Adion be brought againit the Servant for his Departure, and a Capias
237_ awarded, &c. he may find Sureties in the Chancery for to appear at the
Day, and kave a Superfedeas to the Sheriff, that he do furceafe to arreft
him, &c.
And if a Man be fued in the Common Pleas in Debt, or in Trefpafs for A
Damages, and a Capias or Exigent is awarded, if the Debtor do find Sure-
ties in Chancery to appear before the Juftices at the Day of the Return of
the Writ, and to ftand right according to Law, he fhall have a Superfedeas
to the Sheriff not to arreft him - and if (a) he hath arrefted him, to fet him
it large. But it feemeth, that upon a Capias or Exigend" ad fatisfaciendum,
the Sheriff ought not to let the Party at Liberty after he hath, taken him by

(a) Note; If he be taken before the Superfe. fhall not be an Attachment, i H. 6. 32. 19
deai purchaed, the Superfedeas is not to the Pur- H. 6. 43. accordant,. where he was taken before
pofe: But if he comes in by Cepoi crpus, there the Saperfedeas delivered.
Force
 Writ of Superfedea. 539
Force of the Writ (a), becaufe he is in Execution for the Party, &c, And
fo upon an Exigent awarded in a Writ of Account he may fue forth fuch
Superfedeas.
B And fo if a Man doth become Surety for another, to pay a Fine in the
Common Pleas or King's Bench, and the Fine is not paid, &-c. for which
Caufe, Procefs of Utlagary is awarded againft the Surety, &r. at the Exigent
awarded againft the Surety, he may fue forth a $uperfedeas, and find Sireties ih
the Chancery. to appear at the Day, and to ftand right to the Law; and there-
upon he fhall have a Superfedeas to the Sheriff, that he do not arreft his Surecy,
and if he hath arrefted him, that he let him at Liberty.
And it feemeth reafonable that fuch Writ fhall be granted (b), becaufe the
Fine is a Duty to the King, and the King may refpite the fame if he pleafe I
but if an Exigent be awarded upon a Judgment at the Suit of the Party, fuch
Superfedeas is not allowable.
C If a Man be indiaed before Juffices of the Peace, and put in Exigent, he
may find Sureties in the Chancery to appear at the Day of the Return of the
Procefs awarded by the Juftices of Peace, and thereupon have a Superfedeas
to the Sheriff not to arreft him, and if he have arrefted him5 to fet him at
Liberty-s and that Surety thall be Body forBodyj &c.
D If a Man be put in Exigent, at the Suit of another in feveral perfonal A&i-
ons, he may find Sureties in Chancery Body for Body3 to appear to every Ac-
tion at the Return of the Writs; and thereupon he ihall have a Superfedeas to
the Sheriff, reciting that he hath found Sureties in Chancery to appear at the
Days, &c. commanding him not to arreft him, &c. And the Forms of the
Writs of the Superfedeas are in divers Manners.
E And if a Man be indi&ed before Judtices of Peace, and a Capias or Exigent
be awarded thereupon, and afterwards the Indiament is removed by Certiorari;
the Party out of the Chancery may fue forth a 9uperfedias to the Sheriff not to
arreft him, &c. becaufe the Indiament is removed by Certiorari,&c. or the
Juftices of Peace ex Officio ought for to award a Superfedeas to the Sheriff after
the Certiorariis come to them, to remove the Inditment, as it feemeth : Ta-
men quare. And in fuch Cafe he may have a Superfideas out of the Chancery
direted to the Sheriff, commanding him, that if the Party will yield himfelf
to the Sheriff, and find Sureties to appear at the Day of the Return of the
Writ, that then the Sheriff do not arreft him, &c.
If a Man fueth a Knight of St. 7ohn's of ferufalem and other by theif
proper Names, and not by the Name of Knight of St. Yohn'sj &c. and he be
fued to the Exigent, the Superfedeas fhall be purchafed in the Name of the
Prior, and of the faid Knight his Cnfrater, in the Chancery and there they
may find Sureties to appear at the Day; and thereupon they fhall have a Sa-
perfedeas to the Sheriff, that he do not arreft himj'&c.

(a) Nor ought the Sherift to furceafe front id fizrcafe, by Rafoft of the Superfedras. Dyer
taking him. 18 E. 6. 19. 2 11. 7. 12 9. I0. in Cafn barsdts Domini Powis. See 4 H.
(b) For if a Mandamus cones to the Efcheator 7. 16. held fo by Pairfax in a Diem -cl4eaf et
at the Suit of the Heir; the Efcheater ought not Aremum.

Zzz 2 If
 4.0 Writ of Superfedeas.
If a Man be condemned in Debt or Trefpafs by falfe Verdi&, and a Capia F
be awarded to arreft the Party, now if the Party fueth an Attaint, he may
come into the Chancery, and there find Sureties that he fhall appear at the
Day, &c. and will anfwer the Party, and fatisfy the King and the Party what
belongeth to them, if the Attaint doth pafs againft him ; and upon the fame
he may have a Superfedeas to the Sheriff, that he do not arreft him ; and the
Form of the Writ is fuch:
(a) Tihe King to the Sheriff, &c. A. hath jhewed unto us, That whereas B. G
lately impleaded in our Court before our 7ufices lately Itinerant in the faid County,
the aforefaid A. and certain others of a certain Trefpafs, to the fame B. by the
aforefaid A. &c. committed, as it was faid, of which jaid frefpafis the fame A.
by the Inquefl (upon which he put himfelf before the faid 7ufices) was conviledi
by which the faid A. is now in Prifon, to remain therein, until we 1hall be fatif-
fed of that which to us appertains, in this Behalf, and the faid B. of the Dama-
ges adjudged to him; and now the faid A. hath arrained by our Writ returnable
before us, &c. wherefoever, &c. a certain 7ury of twenty-four Knights to altaint
the 7urors of the Inqueft aforefaid, and hath befought us, that pending the 7ury
aforefaid Jo before us, we would caufe him the faid A. to be delivered our of the
Prifon wherein he is fo detained, fo that he may be able to prvfecute the fame ac-
cording to the Law, &c. We willing to affift the aforefaid A. in the Premjfs,
&c. and becaufe that the fame A. hath found before us in our Chancery certain
Bail, to wit, A. and B. of your County, who have become Bail, &c. every of
them, to fatisfy as well to us of that which to us belongs, as the aforefaid B. of
his Damages (as is before faid) adjudged, if the Jury aforefaid Jhallpafs again;
him, or the faid A. fhall not profecute the fame, do command you, that without
[ 238.] Delay you caufe him the faid A. to be delivered out of the Prion aforefaid, if he
be detained in the fame upon that, and no other Occaion, by the Bail above/aid,.
fo that he may be able to profecute the faid Jury, as he ought; and.have before the
faid Yuffices at the /aid Day this Writ. Witnefs, &c.
If a Man be condemned in Trefpafs, and the Plaintiff prayeth an Elegit, A.
and a Capias is awarded againift the Party for the King's Fine, the King may,
grant a Superfedeas direded to the Sheriff, that he do not arreft the Defen-
dant upon the Capias, becaufe that the Plaintiff hath made his Eleffion to
have his Execution by Elegit.
And if in Trefpafs the Defendant do agree with the Plaintiff pendant the B
Suit,. he fhall have a Superfedeas to the Sheriff, that be do not execute the Pro-
cefs fued forth againft him ;. but then it feemeth the fame Agreement ought.
for to appear upon Record in the Court, &c.
If a Man be condemned in Trefpafs, and the Defendant doth bring, an At- C
taint,. and the Plaintiff fue an Execution by Elegit, and a Capias is awarded.
againft the Defendant for the King's Fine i, the Defendant in Chancery may
fue a Superfedeas of the Capias, reciting in the Writ how that the Defendant-
bath brought an Attaint, and that the Plaintiff bath fued forth an Elegit,
commanding the Sheriff to whom the Superfedeas is dire&ed, that if the

(a) But Note; The Writ of Attaint is-not a Saler/edias, nor (ball any Superfedeas at all be
yanmted in Attaint. Dyer 61.
z Defendarnt
 Writ of Superfedeas. 541
Defendant do yield himfelf to Prifon, and there find Sureties to the Sheriff
to fatisfy the King for what doth belong to him, &c. that then he do deliver
him out of Prifon upon that Security, if he conceive the fame to be fuflici-
ent Security.
D If a Man fueth a Writ de uxore abduga cum bonis viri, and a Capias or Exi- Poft. 251. B.
gent be awarded thereupon, the Defendant may find Sureties in the Chancery,
Body for Body, to appear at the Day; and upon the fame he fhull have a
Superfedeas to the Sheriff, to fet him at Liberty, if he have arreffed him. And
fo upon an Appeal of Rape, if the Defendant in Chancery find Sureties, Body
for Body, to appear at the Return of the Writ, and to fRand to the Law, he
thall have a Superfedeas to the Sheriff to fet him at Liberty, &c.
E And fo if a Writ be granted out of the Chancery to attach one to find
Sureties of Peace for a Menace to another, he may put in Security in Chan-
cery by Surety to keep the Peace, and thereupon have a Superfedeas to the
Sheriff, reciting the Matter, commanding him to fet him at Liberty, if he
have arrefted him.
If a Man fueth a Supplicavit out of the Chancery,. to arreft a Man to find
Sureties of Peace, the Defendant who is arreffed may have a Superfedeas in
Chancery to the Sheriff, commanding him not to arreft him ; and the Writ
fhall be fuch:
TFhe King, &c. greeting: Although latel upon the Prayer of M. fuggefing to.
us that 1. had grievoufly threatened the faid M. touching his Life and the Mutila-
tion of his Member, we commanded you by our Writ, that you Jhould caufe him
the faid I. to come perfonally before you, and compel him to find fufjicient Bail,
that he the faid I. under a certain Pain to be reafonably impofed upon him by you,
for which you would anfwer to be Bail, that he would not bring upon the fame
M. or procure to be brought on him, any Damage or Ill ; and if he Jhould refufe
to do this before you, then you /hould take him, and caufe him to be kept fafely in
our Prion of N. until he f/hould find Security in Form aforefaid ret becaufe R.
and S. &c. perfonally appearing before us in our Chancery, have become Bail for
the aforefaid I. that he Jhould iot bring, nor procire to be brought, any Damage
or Ill to the fame M. of his Body, to wit, each of them under the Pain of twenty
Pounds, which they granted to be levied of their Lands and Chattels to our Ufe, if
he the faid I. }hould bring or procure to be brought any Damage to him the faid
M. or his Body : We command you, that you fuperfede the Execution of our faid
Writ to you in this Behalf direed, by the Bail aforefaid, &c.. Witnefs, &c.
And if the Juftices of Peace do award a Precept or a Warrant againft a
Man to find Sureties for the Peace,, he againft whom the Warrant is, may
find Sureties in the Chancery for to keep the Peace,. &c. and upon the fame
have a Superfedeas to the Juftices of the Peace, that they do furceafe, &c. to
arreft him, &c. and thereupon the Juftices ought to furceafe to make any
Warrant againft him afterwards ;. and if they have made any,. that they ought
to award a Superfedeas to the Sheriff, commanding him to furceafe;. and the
Writ direfted to the Juftices of the Peace is fuch:

Thbe
 5. Writ of Superredeas.
Jhe King to his beloved and faithful his 7ultices afigned to keep the Peace in
the County of Berks, greeting, &c. W. hath befought us, that whereas he is
afraid that upon the Profecution of T. he /hall be taken and arrefted and grie-
voufly imprifoned by you, until he flall find Security that he t4e faid W. will
not do nor procure to be done, any Damage or Ill to him the faid T. of his Body,
we would command the Caption and Arreft aforefaid, to be fuperfeded by fuflcient
Bail: We, becaufe that R. S. P. and F. of the County of W. in our Chancery
peifonally appointed, have become Bail for him the faid W. that he Jhall not do,
nor procure to be done, any Damage or Ill to the fame T. of his Body, to wit,
cvery one of them under the Pain of one hundred Pounds, which they have granted
to be levied upon their Goods and Chattels to our Ufe, in Cafe t-hat any Daeage or
111 happen to the fame T. of his Body, by the faid W. or his Procurement, re-
garding the Prayer aforefaid, command you, that you wholly fuperfede by the Bail
.abrefhid, the Caption and Arrejt of the Body of the faid W. to be made on that
O(cuafion, &c. Witnefs, &c.
And if the Wife be in Fear or Doubt of her Hufband that he will beat her
8r kill her, &c. fhe may fue a Supplicavit in Chancery againft her Hufband,
S239- 1 to find Sureties that he do not beat her, nor evil intreat her, and for to govern
rule, and chaftife her reafonably; and the Writ is fuch:
The King to the Sherif; &c. R. the Wife of I. B. hath befought us, that
vhereas fhe of her Life, &c. is grievoufly and manifefily threatened by the faid
I. B. we would provide for the Safety of her the faid R. in this Behalf; We re-
garding the Prayer aforefaid, command you, firmly injoining, that you caufe him
the faid I. B. to come perfonally before you, and by all means ccn pel him to find
jfffcient Bail, &c. (as above) that he will well and honefily treat and govern
the aforefaid R. and that he will not do, nor procure to be done, any Damage
cr Ill to her the faid R. of her Body, otherwife than lawfully and reafonably be-
longs to her Hujband, for the Caufe of Government and Chafjifement of his Wife.
And if this before you, &c.
And if a Man in Court-Baron in a Writ of Right, or in other Court, as in A
London, in a Writ of Right, vouch a Foreigner to Warranty, &c. the Tenant
who voucheth may fue forth a Superfedeas direted to the Court, commanding
them that they do not proceed in the Plea, until the Warranty be determined,
&c. quod vide in the Regifler, fol. 5. 1r. & 1. And upon the fame he may
have an .ias, and a Pluries and an Attachment, againft the Bailiffs, or Mayor
of London and Sheriff, if they will not furceafe, &c.
And if a Man fueth a Prohibition to the Spiritual Court and to the Parfon, B
and notwitfftanding the Spiritual Judge doth proceed to excommunicate the
Party, and upon Certificate thereof in the Chancery a Writ of Excommunicato
capce;:d is awarded; he who fued the Prohibition fhall have a Superfedeas to
the Sheriff, reciting the whole Matter, commanding him that he do not ar-
reft the Party, and it he have arrefted him, that he deliver him: Q od vide
in the Regifter, fol. 67. And he may have a Superfedeas out of that Court
out of which the Prohibition did iflue, &r.

If
 Writ of Superfedeas 543
If the Colledors of the Subfidy or Tenths granted by the Clergy are ex-
commenged by the Ordinary for their Contumacy, &c. and that be certified,
and thereupon a Writ dire&ed to the Sheriff for to arreft them if it be teffi-
fied in the Chancery afterwards by the Sovereign of the ColleAors, that they
have fatisfied and fubmitted themfelves ; then upon that a Superfedeas fhall be
dire&ed to furceafe to arreft them ; and if he hath arrefted them, that he
deliver them.
And if the Bifhop do certify an Excdmmunication into the Chancery againft
one for a Contempt in a Suit depending before, him; and thereupon a Writ
of Excommunicato capiendo be awarded ; if the Official do by his Letters after
certify in Chancery, that the Defendant hath appealed to Rome, or elfewhere ;
Now upon that Certificate he fhall have a Superfedeas to the Sheriff, that he
do not arreft him pendent the Appeal; and if he have arrefted him, that
then he do deliver him, &c.
And fo if he who is excommunicate fheweth in Chancery the Pope's Let-
ters, teftifying that he hath appealed, &c. he fhall have a Superfedeas to the
Sheriff commanding him for to furceafe,. &c. and if he hath taken him by
Force of the Writ of Excommunicato capiendo, that then he do deliver him;
quod wide Reg#ij. fol. 68.
C( If a Man take one as his Villain, and the other fueth a Writ de Homise re-
plegiando, and he claimeth him as his Villain; he who is taken may put in
Sureties in Chancery to yield himfelf and his Goods, if, &c. and thereupon
he fhall have a Superfedeas dire6ted to him who took him, not to take him;
and if he hath taken him, that then he do deliver him. Regifl. 79, 80.
D If a Man do hold Plea in the County of a Trefpafs which is Vi & armis, Fincb. 3os
&r. the Defendant may fue out of the Chancery a Superfedeas unto the She-
riff or to the Bailiffs of the Hundred where the Plea is holdern, reciting that
a Plea of Trefpafs Vi & armis fhall not be holden in a lefs Court than before
the King, or other Juftices by his Commandment. Regift. fol. ir i.
E And upon a Writ of Error brought of a Judgment given in London or other
Court, the Party fhall have a Superfedeas direaed to the Mayor and Sheriffs,
or other Officer, to furceafe to award Execution. Regift. fol. I29.
F If a Man be diftrained by a Procefs which iffues out of the Exchequer, za
Executor to an Accountant there, he may have a Superfedeas out of the Chan-
cery direaed to the Treafurer and Barons of the Exchequer, furmifing that
he is not Executor nor Surety for the Accountant, &e. commanding them.
that they do furceafe, until they have inquired the Truth thereof.
4G And the like Writ is given where the Barons do award Procefs of Diftrefs
againft any one who hath not any of the Lands of him who was the Ac-
countant, &c. but of his Purchafe before he was Accountant; quod vide Re-
gift. 144.
H And if the Sheriff doth hold, Plea of forty Shillings, the Defendant may
fue forth a Superfedeas, that he do not proceed, &c. or after Judgment he
may fue a Suaerfedeas direfted to the Sheriff,, commanding him not to award
Execution upon fuch Judgment; and upon that an Alias,, a Pluries and an 43 Ed. 3. 2?.
Attachment. RegyV. 145. 41 Ed. 3. Brief 55. can. in C. B. and 9 i.6,
 144 Writ De procedendo ad Judicium.
If a Man for Debt of ten Pounds fue in the County by divers Plaints there,
every Plaint under the Sum of forty Shillings, where the Debt is one intire
Debt, the Defgndant may fue a Superfedeas to the Sheriff, commanding him
not to hold Plea in thofe Plaints.
If a Man fue one in the County before the Sheriff for Breach of Covenants,
to his Damage of ten Pounds, or above the Sum of forty Shillings, then
the Defendant may fue a Superfedeas to the Sheriff that he do furceafe; quod
wide Regift. 146.
1 240. ] And if a Man do fue forth an Audita Querela to avoid a Statute-ftaple or A
a Statute-merchant, he fhall have a Superfedeas to the Sheriff not to do Exe-
-cution hanging the Plea, &c. Regift. I 3-
Note, That the Conftable of Dover, who is Warden of the Cinque Ports, B
cannot hold Plea of a Thing which doth belong to be determined in the
County, if it be not of a Thing concerning the Keeping of the Caftle of Do-
ver; and if he do, the Party fhall have a Writ direted unto him to furceafe,
and upon the fame an Alias and a Pluries, and an Attachment; and the Writ
Ihall be fuch:
The King to his beloved and faithful B. Conf]able of his Cafle of Dover and
Keeper of his Cinque Ports, or to his Lieutenant, greeting: Whereas amongk other
Articles which Lord Edward fome time King of England, our Grandfather,
granted for the Amendment of the People of his Realm, it is ordained, that the
Conftable of the Caffle of Dover jhall not hold Plea at the Gate of the faid CoflIe
of any foreign Plea of the County, that doth not touch the Cufody of the fame
Caffle; and you a certain Plea between W. of C. and P. of a certain Debt which
the fame W. requires of the faid P. (and which faid Plea doth not concern the
Cufody of the faid Cafile) held before you at the Gate of the Cafle, and unjuffly
difquiet him the faid P. on that Occafion by various Diftrefes, againf the Tenor
of the Articles aforefaid, as on the Behalf of the faid P. we are given to under-
fland: We willing that the faid Articles be inviolably obferved, command you, if
it is fo, that then you wholly furceafe from further holding that Plea before you,
and that you do not moleft nor in any wife aggrieve him the faid P. agdinfi the Te-
nor of the faid Articles ; and the Dflrefs, if any, &c.
And if the Conflable doth hold Plea of any Thing of which he ought not C
for to hold Plea, the Party fhall have his Aftion upon the Statute, although
he doth not fue forth any Writ before direfted to the Conftable.

Writ De procedendo ad Judicium.

Ant. s5. D. OTE, That by the Statute made Anno 2 Ed. 3, cap. S. it is enaded,
INThat Commandment be not either by the Great Seal nor the Petty Seal
to delay common Right; but if fuch Commandments come, &c. that the
Juftices ihall not furceafe to do Right in any Point.
And by the Statute made Anno 14 Ed 3. cap. 14. the Juftices fhall not fur-
ceafe for the Great Seal or Leffer Seal.
And
 - Writ De procedeoido ad Judiciut. 545
And by that it appeareth, that the King's Juffices fhall proceed according
to Law, notwithftanding the King's Commandments dire6ted and delivered to
them: And if the Party thinketh in his Confcience, that fuch Commandments
thall be made, then he may fue forth a Writ upon that Statute, commanding
them to proceed, notwithftanding fuch Commandments ; and the Writ thall
be fuch.:
Yhe King to his beloved andfaithful W. &c. and his Companions, 7ufices af-
figned to take the Aifes in the County of Salop, greeting: Whereas in our Parlia-
ment at Northam pton called in the fecond Year of our Reign, it was agreed and
ordained by us, tWe Prelates, Earls, Barons and other great Men, and the whole
Commons of our Realm being in the fame Parliament, that it /hould not be com-
manded by our Great Seal nor by our Little Seal, to hinder or prorogue the Com-
mon Law, and if fuch Commands fhould come, that the Juffices for that Gaufe
Jhould not furceafe to. do 7uflice, as in the faid Statute it is more fully contained:
We command you, that you in no wife furceafe to, do 7uflice to the Parties in an
A4fife of Novel Diei/in, which T. hath arraigned before you by our Writ again,&
A. and I. his Wife, and others in our originalWrit contained, of 9enements in E.
by virtue of any Command of the Great Seal or Little Seal to you direfled or to
be direfled, againfi the Tenor of the Statute abovefaid. Witnefs, &c.
But it feemeth to be in vain to fue forth fuch Writ, if the Juftices do con-
fider their Oath, and their Duty toGod and the King: But becaufe fome Ju-
ftices are fearful, and will not do a Thing which may turn to their Difpleafure,
that Writ was ordained, as it feemeth, and for no other Caufe, for the Statute
was fufficient in itfelf; and the Party may have in the End of the Writ thefe
Words, viz.
But proceed to the taking of the fame Afife as of Right ought to be done, ac- Br.Ni.pri.37
cording to theLaw and Cufom of our Realm of England. Witnefs, &c.
E And by the Statute of Wefm. 2. upon Iffues joined in the Common Pleas
or King's Bench, they fhall be tried by Njif prius before the fame Juftices in
the Country. And by the Statute of Fines, in the Time of Vacation thofe If-
fues fhall be tried before one of thofe Juftices, affociating to him a Knight, &c.
And by the.Statute of York, a Juffice of Affife- affociating to him an honeft
Man fhall take Nft prius, and, try, the Iffues arifing thereupon taken in the
Common Pleas or King's Bench, if they rieed not great Examination, &c. But
in thofe Cafes it appeareth by the Regifter, the King by his Writ may reftrain
and command the Juftices, that they' do not awardNWft prius, and if they
have. awarded any Writ.of Ni/i prius, that they fend a Superfedeas; and the
Writ fhall be flich:
9ihe King to his 7ufices of the Bench, greeting: Although by the Common Coun.
cil of our Realm it is agreed and>appointed, that Inquefs and furies to. be taken
in Pleas of Land, whiclr are not of great'Examination,fhall be taken in the Coun-
try before a Jufice of the Place where the Plea is, having afociated to him fome
honeft Man of the Country, Knight or other, fo that a common Day be given in
the Bench, and a certain Day and Place in the. Country, in the Prefence of the
Parties; and alfo that lnquefis and 7uries in Pleas of Land that require greit
Examination, fhall be taken before Aiso 7uflices .of the Bench in Form aforefaid; [241. ]
neverthelefs the Plea which i before you in the Bench aforefaid by our Writ be-
4A tween
 546 Writ upon the Statute made, &c
tween W. Demandant, and T. Tenant of the Manor of S. with the Appurtenances
in the County of W. efpecialy concerns us, more efpecially feeing that the faid T.
holds the faid Manor for tlo Term of his Life of our Grant, and after the Death
of the fame T. the faid Manor ought wholly to revert to us and our Heirs ; We
willing to take care of our Indemnity in this Behalf, command you, that if you
happen to proceed to take the Inqueft thereupon, then that you take fuch Inquef
before us in the Bench afbrefaid, and not elfewhere, the Concord and Statute afore-
faid notwithftanding; and if you fhall have demanded the Inqueft theteof to be
taken by our Writ of Nifi prius, then you fhalt demand the taking of that Ingaeft
in the Country to befuperfeded. Witnefs, &c.
There is another Form of Writ for that Matter in the Regifter. And M.
32 H. 6. it appeareth, that it is in the Juftices Difcretion, whether they will A
grant Ngij prius, or not; and by the like Reafon, t'he King at his Difcretion,
and by his Writ direded to the Juftices, may reitrain the fame.
3tamfr 156. And Ifi prius fhall not be granted where the King is Party, without the
ar.Ni.pri. 3 5 . King's fpecial Warrant, or the King's Attorney's Affent, notwithiftanding the
Procedend.1 4. aforefaid Statutes.

Writ upon the Statute made for the King's Steward and
Marlhal, that they do not hold Plea, if not, &c.

1 1
H.7. 13. QE E by the Statute of Articallfuper Chartas, cap. 3. (a), That the Steward B
O and Marfhal fhall not hold Plea of Freehold, nor any Plea of Trefpafsj
but only of Trefpaft done in the King's Houfe, and other Trefpaffes dome
within the Verge, and of Contrats and Covenants which feme of the King's
Houfhold ought to have againft another of his Houfhold, and no other; and
no Plea of Trefpafs Ihall proceed,. which is not brought before the King re-
move out of the Verge where the Trefpafs thall be done, fo as that they be
ended before the King go out of the Bounds of the Verge where the Trefpafs
is done ; and if they cannot be ended there, the Parties fhall ceafe, and fhall
be tried at the Common Law. And the Steward thall not take Cognizance
of the Debts of other Men, but only of fuch as be of the King's Houfe: He
lhall hold no other Plea.by Obligation made at the Diftrefs of the Steward or
Marfhal-; and if they do contrary to that Ordinance, it fhall be void. And.
the Court of the Marfhalfea, nor the Jurifdi&ion thereof, fhall not' exceed
above twelve Miles by the Statute made 13 R. 2. c. 3. And a Man may add
in A&ion brought againft him in the Court of the Steward or Marfhal, that
he was not of the King's Houfhold at the Time of the Trefpafs o Contra&
made, or that the Plaintiff was not one of the King's Houfhold at that Time..

(a) See so H. 6. j 1. Tb Trefpafs brought Houlhold, &r. as well as in Contraas, &e. for
there;. of a Trefpafs done within the Verge, it elfe anAaion is maintainable on the Statute.
is neceiiary that one of the Parties be of the N4 fid Reord a good Pca there, 7 H.6. 30.

And
 Writ aPon t/,e Statute ,nad, &o, 4
C And if a Man be fued in the Court of the Steward and Marlhal contrary to
the Statute, then he who is grieved thall have fuch Writ (a):
The Xing to the Steward and Mar/hal of his Hoq/hold, greeting: Wherea
amqagff other Articles which Lord Edward fome time King of England, our
Grandfather, granted for the Amendment of the State of his People, it is ordained
that the Steward and Marfhal of our Hou&old jhall not hold Plea of Freehold, of
Debt, Covenant, Trefpafs, or of ContraO made between the King's People, but
only of Trefpafs done within the Houfe, and of other Trefpafes done within the
Verge, and of Contrafs and Covenants that any of the King's Houfe fhall have
made with others of the fame Houfe and in the fame Houfe, and not elfewhere ;
and now from the Complaint of A. and B. we have received Information that you,
at the Profecution.of . of L. hold before you a Plea between the aforefaid A. and
I. (who are not of the fame Hoafe, as it is faid) of a certain Debt which the
fame A. Itmands of the faid I. to the great Damage and Grievance of him the faid
A. and againJi the Form of the Ordinance aforefaid; We therefore being will
that the faid Ordinance be obferved in all and every its Articles, ommand you,
fo it is, that then you wholly furceafe from farther holding that Plea before yous
not molefling or in any wife aggrieving him the faid A. againft the tenor of the
Ordinance aforefaid; and the Deflrefs, if any, &c. Witnefs, &c.,
D And if the Plea be lawfully begun before the Steward and Marfhal of the
King's Houle within the Verge, and before the Plea be ended the King doth
remove , now the Plea is thereby difcontinued, and then it behoveth the Party
to commence his Aftion at the Common Law, and not within the Verge be-
fore the Steward and Marthal ; and if he do, the Party grieved thall have
fuch Writ:
The King to the Steward and Marfhal of his Hoafold, greeting: Whereas
amongft other Articles which Lord Edward fome time King. of England, our
Grandfather, grantedfor the Amendment of the State of his People, it is ordained,
that the Steward and Marfkal of our Honjhold hall not hold Plea of Freehold, of
Debt, of Covenant or Contra/I of the Men of the People, bat only of yrefpafes
of our Iloujhold and other Tr'refpaffes done within the Verge, and of Contrais and
Covenants which any of the.faid Houfhold fhall make with another of the fame
Hou(hold and in the fame Houfe, and not elfewhere; and they jhall plead no other 1242.
Plea of frefpiff that is not attached by them before we depart from the Verge
where the 'reffpafs was committed, and jhall plead and determine thofe Pleasfpee-
dily, from Day to Day, fo that they may be pleaded and determined before we de-
part from the fame Verge where the Trefpafs was committed; and.if it Jo be, that
they cannot be determined within the Limits of the fame Verge, fach Pleas }hall
ceafe before the Steward and Marfhal, and The Plaintifsfhall have recourfe to
the-Common Law: And now from the grievos Complaint of A. and B. we have

(a) Note; A good Rule by BabbiAgts. 9 H.
6. 2. If a Statute gives a greater Penalty for an
Ofeace, and alfe a fpecial Ation; there, if the
Party who briaga the Writ does not make men-
tion of the Statute, he thall have no Advantage
of the Penalty given by the Statute; as for
hungtin in arki, or Pro xwers abddeia weW
bonis I'iri. But if a Statute gives a greater Pe-
salty; but no other A&ion lies, but that which
was before at Common Law, there a Man thall
have Advantage thereof (without mentioning the
Statute)as in Waite, 0e. See 9 Ed. i. Fitt.
enant in Do'wr. So in a fpecial Atlife, where
the Party is found a DiffEifot with Force, &r.
4 A 2 received
548 Writ of Certiorari to remoeve Records, &c.
received Information that you, at the Suit of R. of B. them the faid, &c. do i-
f rain to anfwer before you to the aforefaid R. of a certain TIrefpafs to the fame R.
by the faid A. and B. committed within our Verge at E. in the twelfth Tear, &c.
as it is faid; which faid Plea was not attacked by you before we departed from
shat Verge, and many Ways unjuftly difquiet them upon that Occafion, to the great
Expence and Grievance of them the faid A. and B. and againft the fenor of the Ar-
ticles aforefaid; We therefore willing that the /aid Ordinance be inviolably obferved
in all and every one of its Articles, command you, if fo it is, that then you in no
wife drfrain them the faid A. and B. to an/wer before you of fuch frefpafs, but
-wholly fuperfede the further Holding of that Plea before you ; and the DefIrefs, if
.:"y, &C. Witnefs, &c.
And if a Man- be fued by Plaint before the Steward and Marlhal of the A
King's Houfe, who is not of the King's Houfhold, and the Debtor plead,
and affirmeth the Jurifdiaion of the Court; and the Caufe be adjudged againft
him ; yet he thall have an Adion upon the Statute againft the Party who fueth
him there; qued vide 7. 3 H. 3. Title Efoppel.

Writ of Certiorari to remove Records, &c.

Records out of one Court into B
T HEanother areofofCertiorari
Writs feveral Forms;
Record of Rediffeifin is fuch:
remove
for to and the Form of the Writ to remove the
The King to the Sheriff &c. Becaufe for fome certain Caufes we will be cer-
tified upon the Record and Procefs, of a certain Inquifition made before you and
the Keepers of the Pleas of our Crown in your County at N. by our Writ upon a
certain Redifien to I. by R. done, as it is faid, of one Meffuatge with the Appur-
tenances in N. We command you, that if Judgment be thereupon given, then that
you Jend the Record and Procefs aforefaid, with all 'Things touching them, to us,
under your Seal dfiftidly and openly, and this Writ (a), Jo that,. &c. where/o-
ever,

4) Where the enor of the Record isfafficient; and
*wherethe Record itfmuf e removed.
If one brings Debt on a Recovery in an infe-
rior Court, as in a Court of Pie-powders, &c.
there it is not neceffary for the Party to have the
Record itfelf, nor the Tenor of it: So if one
brings Debt in C. B. on Damages recovered in
B. R. or in the Court of Nor'wich; but if Nul
fixl Record be pleaded there, it is fufficient if the
Tenor of the Record be removed into Chancery
by Certiorari, and fent thence by Mittimus.
7 H. 6. 19. See 19 H. 6. 79 and SO. accor-
dant, Dyer 187.
2. Where one is to fe Execution of a Re-
cord in another Court, as where it is to fue
Execasian in C.8. on a Recovery in An~icnt
Demefne, or before Jultices of Afilfe, or of Oyer
and Trminer, there the Record ittelf ought to be
removed into Chancery by Certiorari, and the
faid Record with the Certiorari fent into C. B.
by Mittimusa and fo if an Attaint is before fued
onfuch a Recovery. 34H.6. zyi. But when
Execution is to be- fued in C. B. upon a Record
which remains in the Treafury there, as on a
Fine, Recovery, &c. (Note, All thofe Records
were removed into the Receipt of the Exchequer,
circa feTp. 9 H. 4. 37 H. 6. 17.) But where
it is in the Chancery, as on a Petition among
Parceners, Dyer 136. there they will not fend
in the Record itfelf, but a Certiorari to the
Chamberlain and Treafurer, and a Mittimus of
the Tenor of the Record: See the Caufe 39 .
6. 4. per Pryot; and if the Tenor of the Record
be
 'rit of Certiorari to remove Records. 549
ever, &c. that having infpeRted the Record and Procefs aforefaid, we may caufe
further to be done thereupon, that which of Right, and according to the Law and
Cufom of our Realm of England, ought to be done. Witnefs, &c.
And he may remove it after a Diffeifin, &c.
And if a Man be attainted in a Rediffeifin or a Poft-diffeifin, and bath no Pot. 247.
Lands within the County to be put in Execution, he may remove that Re-
cord by a Certiorariinto the King's Bench, and there have Execution. And
he may remove a Recovery ip an Affife of Novel Diftifn into the King's See a Reco-
faith, Ifvryin An-
C Bench by a Certiorari in like Manner. But the Writ of Certiorari
Judgment be thereupon given, then the Record and Procefs, &c. as above. By 39H. 6.3 &4.
which it appeareth, that it ought that Judgment be given in the Aflife, &c. But fee
otherwife it feemeth he Ihall not have the Writ; for the Certiorariis faid to 44 Ed. 3. 28.
remove the Record, to the Intent that he may fue forth Execution upon the 36 H. 8. Br.
fame when it is removed in the King's Bench, for there they may may award Exe- CTrtiorari 20,
There isno
cution into every County to execute the fame. fuch Writ of
y iCertiorari to
remove the Record in C. B. immediately, but Srit in the Chancery. Yet 4 AT zo. the contrary is admitted.

D 'If a Man do recover Lands by Affife of 'Novel Defzin, and the Defendant ax Ed- 3.
will fue a Certificate before other Juftices, there he ought to fue forth a Cer- Br. Cerr.
tiorari to the Juftices of Affife, to certify the Record unto the new Juffices, Aaion S.
who hold Plea upon the Certificate, and the Words (fine Dilatione) ShaU not
be put in any Writ which bath a certain Day of Return.
E And if a Man recover per Afife de Novd Difeyin, and the Defendant will
fue an Attaint before other Juftices, then he ought for to have a Certiorarito
the Juffices of Aflife to certify the Record, If 7udgment be given.
And if a Man recover before Juftices in Eyre in an Afllife of Novel Difleyi,
the othet Party may-fue forth an Attaint before other Juftices,. and have aCer-
tiorari to the Juftices in Eyre to fend the Records before the other Juftices.
F And the King may fend his Writ of Certiorarito the Barons, Treafurer and 37 H.. .6.
Chamberlains of the Exchequer, to certify the Record of Aflife in the Trea-
fury in their Cuftody into the King's Bench.
There is ahother Writ of Certiorari to the Treafurer and Chamberlains of 9 Ed. 41 So.
the Exchequer to certify the Record of the Aflife taken, but the Judgment Choc.
24Ed. 3 . 24.
i Ed. 3 . S.
8Ed. 4.25,z6.
be before the Certiorari fAled in Chancery, they Thesiinen &Examinationew Rerordy, &e. Dits
will not fend the Certiorari into the Recept. dat' efl partibar, &C. See and note H. 6.
(Treafury) nor fend in the Tenor which is there 39 H. 6. 3. 32 Ed. 3. ZQare imp. i. where Nul
filed, but only %Tnorem neoris, and it feems that tid Record is a good Plea. See 7 H. 6. 30.
is fufficient. 1, H. 6. 17, 28. See 24 Ed. 3. 79. Note; The Statute &2P. &M. is, that
that no Execution can be on the Tenor of a Re- no Certiorari to remove any Recognizance Ihall
cord. Dyer as 7. No Scire facias on the Tran- be awarded, except the Writ be figned with the
fiript of a Refummons feat out of Chancery into Hand of the Chief jufliee,. or fome other juffica,
C. B. and fee Dyer zz8. and 5 H. 7. 25. where in his Abfence. Fide Raft. Stat. Maixpr~f,
a Record is pleaded inthe fame Court, and Nul pl. 5
tiel Record pleaded thereto, it ought not to be Note; A Record maybe removed after a Dif-
entred guod babeat bie Recordum fb fuo periculo. feifin, &c.
Et fdia hi, n. adSeari f3Hr f7prbiciarii avndott
 550 Writ of Certiorari to remove Records.
was not given, becaufe the Defendant died; but the Writ is of little Effe&, G
.for that by the Death of the Defendant before Judgment the Writ is abated.
And if a Man will fue an Attaint upon Recovery in an Affife, which Re-
cord of Affife is in the Treafury, then he who bringeth the Attaint (a) ought
to fue a Certiorarito the Treafurer and Chamberlains of the Exchequer, to
certify the Record of Affife before the Juftices, before the Attaint be fued
forth.
[ 243. ] If a Man do recover Damage in an Affife of Novel Difeifin, and before he A
hath Execution of the Damages the Record is fent into the Treafury; then
he may fie a Certiorarito the Treafurer and Chamberlains to certify the Re-
cord of Recovery in the Affife before the King, that Execution may be
awarded for the Damages.
And if a Man recover Lands and Damages in an Aflife of Frefh Force, B
and the Defendant hath not any Thing within the City or Borough for to fa-
tisfy the Damages ; then the Party may fue a Certiorarito the Mayor or Bai-
liffs to certify the Record into the King's Bench, that he may have Execution
,of the Damages recovered.
If'the King maketh certain Perfons Juffices of Affife, &c. in one County, C
and afterwards at another Allifes he maketh other Juftices of the fame County,
a general Certiorarifhall be fued to the firft Juftices to certify all the Records
.of Affife and Juries which were taken in that County before the new Juftices.
And in Affife of Novel Dfeifin, if the Verdi& pafs for the Plaintiff, and D
before Judgment be given a new Commiffion is to other Juftices of the fame
County, the Party for whom the Verdi& paffed may fue forth a Certiorari
-to the firft Juftices to remove the Record into the King's Bench, to have Judg-
ment given there upon that Affife and Verdi& paft; or may have a Certiorari
to the firft Juffices to fend the Record before the new Juftices, that they may
give Judgment thereupon: And it behoveth to have another Writ unto the
new Juffices to receive the Record, and that they proceed to Judgment. And
when the Record is removed after Verdi& given before other Juftices, and
they delay to proceed to Judgment upon the Verdi&, the Party for whom
the Judgment fhould be given may fue forth a Writ direded to them, 1hiat
having received and feen the Record and Procefs aforefaid, they proceed to Jud g-
ment, &c. And thereupon the Party may have an Alias and a Pluries, Or
jignify Caufe to us: And if they will not do any Thing, whether he Ihall have
an Attachment is a Queftion ; for there is a Statute made A. 3 Ed. 3. which
willeth, that Commiflioners in fpecial Cafe limited by the Statute fhall be pu-
niffied for their Mifdoings; but it feemeth it fhall not be, if the Statute be
not made, for that Caufe only.
-7 ipl. iS. And Anno 27 Ed. 3. in Aflife a Juftice was indided, for that he caufed an E
2 R. 3. 9. Indidment, which was found to be but Trefpafs, to be entred in Record as
Bro. Indic- Felony, &c. And the fame was adjudged a void Indiament, becaufe it was
fnent 50. to make void a Record. But yet it feemeth he might be indided for taking
of Money, or for other Falfity, vjiich doth not deftroy and defeat the Re-
cord. &iere.
(a) Note Here there ought to be the Record ifciF, and not a Tenor only. 39 H. 6, 4.
And
 Writ of Ceriorari to remove Record?.
F And a Man may have a Writ to the faine Juftices before whort the Verdit
paffed, &c. to proceed to Judgment, as well as he fhall have a Writ to other.
Juftices before whom the Record is removed (a).
G If a Man in an Affife of Novel Dffeifin, or other A&ion reals, before Jufti-
ces in Eyre vouch one to Warrantq, who prefently entreth into Warranty,,
and afterwards loreth ; the Plaintiff fhall recover, and Tenant fhall have Judg-
ment to recover in Value againft the Voucher: Now if he who recovered ii
Value will have Execution of the Lands -recovered in Value, he ought to fue
a Certiorari to the Treafurer and Chamberlains of the Exchequer, to certify,
the Record in Affife into the Chancery; and when it is there certified, the-
King fhallt fend the (b) Record by Mitimus into the Common Pleas,. andj
thereupon the Juftices fhall award a Scire facias agginft the Party. againft whom
the Recovery was, to come and. Ihew why Execution fhould not be done of
Lands, in Value.
H And a Man may fue a Certiorari dire&ed to the Juffices of Afilfe, to re-
move the Records of Aife into the' Chancery, and alfo a Deed which is be-
fore them, &c. and afterwards he may fue forth a Writ of Minimus unto the
newjuftices of Affife of thofe Records,. and of the Deeds.which remained be-
fore the other Juftices.
I And if the Hulband and Wife fue a Bond,, which is made to the Wife, in
the Common Pleas, and the Deed is there denied, for that trey remain in the-
Keeping of the Cuos Brevium,, and the Hufband dieth , the Wife may have
a Writ out of the Chancery, dire&ed to the Caftos Brevium in the Common
Pleas, that he deliver the Deed to the Wife,. becaufe the Plea is determined,
by the Death. of the Hufband.
K And when the Juftices in Eyre come,, and thall be in. any County by the
King's Commiffion, then.a.Writ tiall- be fent. to the Juftices of the Commo
Pleas, to adjourn all the Pleas of that County which are in the Common
'Pleas before the Juftices in Eyre,, to be determined before them: And if the'
Jftices in Eyre cannot determine the Pleas before they. depart out of the
County, then a Writ thall. be fent to the Juftices in Eyre,, to fend thofe Re-
cords and Pleas,. which. are not determined. nor adjudged, into. the Commons
Pleas agin : And the Writ fhall be fuch:.

(4) Nte; If the Jatice of Ni prias die before
the Day in Bank, after the Verdia taken, the
Court may receive the Record by the Hands of
,She Clerk of Allife, without any Cerfiorari to
the Executors of the Juftice, and the Entry hereof
lhall be general; Ad gae Diem bic wneer par-
ies, & 7xfaiciarii ad 4ffias coram gyib', &c.
Mafrant bk Recordus friptiv Leerrs r &c.
And admit that it be Error, yet this 1hall be
received to be atligned, for Error;. for it is con.
trary to what the Court did as Judge; and
though in fome Cafes the Court lhall give Faith
to the Death of a Judge, as 2 H. 7. A Servant
apsAborreyrwas a Je.ph whoe4rd
in Pi.. Dyer 163. But No* If a JpIlice of
MWq priss be removed, &r. the Ceriari ThaW
be to himfeif; and fo if his Executors have the
Record; the Cerderari fhall be to the. See'
Dyer 439. 13 H. 7. z'.
(b) Note; A Sure facia lies on the, Tenor
before any Entry thereof on the Roll: And
the Trazicript of a Fine comes in by MiMrim.,.
at the Suit of one, and another hCaule to have
Execution upon the fame Fine, he ought to pac
fee the Mittimus to have Execution; for other-
wife he cannot have it, althoug1x theTenor was.,
enre4 on. the Rofl tefem.
1ofW sccbived ry
 55Z Writ of Certiorari to remove Records.
The King to his beloved and faithful S. greeting: Wkherew the Plea which was
before our fuflices of the Bench by our Writ between S. Demandant, and L Tenant
of one Mefuage with the Appurtenances in T. in the County of N. together with
the faid Writ, was jent to be pleaded before you and your Companions, lately.our
7uftices itinerant in the County aforefaid, and that Plea for fome certain Caufes in
the Eyre aforefaid, remained undicuffed, without this, that the fame Plea was ad-
journed elfewhere to be pleaded, by which, on the Behal of him the faid S. we are
befought that we will do him Juftice in the Premffes ; We, for that Caufe thinking
[ 244. ] it to be expedient that our juflices of the Bench fhould be certifiedupon the Record
and Procefs of the Plea aforefaid before you and your faid Companions in the Eyre
aforefaid, command you, that you fend without Delay, the Record and Procefs
aforefaid, together with the jaid Writ and all other Things touching them, to our
jaid 7afuices of the Bench under your Seal diftinaly and openly, and this Writ, that
thofe being infpeded, further Procefs may be in the faid Plea, according to the
Law and Cufjom of our Realm. Witnefs, &c.
Br. Brief 414. And if an Afife of Novel Dieijin be brought in the King's Bench, and the A
Vide zz H. 6. Defendant alledge and plead, that there is a Writ of a higher Nature depend-
s5. ing in the Common Pleas for the fame Land between- the Plaintiff and Defen-
2r. dant ; then if they be at Irue, whether there be fuch a Writ depending or not,
14-arief
4 o Ed 3. 37 the Defendant ought to fue a Certiorariout of the Chancery to the Juftices
of
Br. Brief 304. the Common Pleas, to remove and certify the Records into the Chancery ,
and upon the fame certified, he fhall have a Writ of Mittimus out of the
Chancery to the Juftices of the King's Bench; with which Writ the King fhall
fend the Tenor of the Record which is there into the King's Bench: And the
Writ of Mittimus fhall be fuch:
Tbe King to his beloved-nd faithful R. of W. and his Companions, Yuffices
ojfigned to hold Pleas before us, greeting: Whereas R. P. lately arraineda certain
4fife of Novel Deffetin before- us at Weftminfter, by our Writ againft B. of Te-
nements in A. and two Mejuages, three Plough-lands, twenty Acres of Meadow
with the Appurtenances in the fame Town put in View, and the faid B. in pleading
in that Ajife alledged that a Writ of an higher Nature then, and long before, was
depending between the Parties aforefaid, before our beloved and faithful W. and
his Companions our Juffices of the Bench, and hath vouched to warrant it, the
Record and Procefs thereof had before our [aid Juftices of the Bench, as we have
received Information: We thinking it to be expedient and neceffary that you ibe
certified upon the Record and Procefs aforefaid had before our faid 7uflices of the
Bench, fend to you the Tenor thereof (which we caufed to come before us in our
Chancery) under the Foot of the Seal, commanding, that you having infpefed the
Record and Procefs aforefaid, you further Caufe to be done, that which of Right and
according to the Law and Cuffom of our Realm ought to be done. Witnefs, &c.
And if 'a Man do recover in an Aflfe of Novel DieJfin before Juftices of B
Affife in the County, and before Execution fued of the Damages, the Record
--is removed into the Chancery by Certiorari; he who recovered in the Allife may
fue forth a Writ of Mittimus to fend the Record into the King's Bench, com-
manding them for to proceed, anti to award Execution; and the Writ is fuch:
The King to his beloved andfaithful E. and his Companions our 7uftice aligned
;o hold Pleas before us, greeting: Whereas I. by the Recognizance of an Afife of
Novel
 W4 it of Certiorari to remove Record. 5f
Novel Difeifin, which'W. arraignedbefore B. and his Companions lately fufices of
Lord Edward fome time ing of England our Grandfather, afigned to take the
Aflifes, &c. againft R. and others, &c. of 9ienements in T. recovered his Seilin of
one Meffuag with the Appurtenances in D. by the Confideration of the faid Court,
and his Damages, which were taxed to ten Pounds, as by the Record and Procefs
of the Alife aforefaid, which we have caufed to come before us for tertain Caufes,
more fully appears; and Execution of the Judgment as to the Damages to be reco-
vered, yet remains to be done, as we are given to underfiand on the Behalf of him
the faid I. We therefore willing that Exekution of the faid Judgment be duly de-
manded, fend to you the Record and Procefs aforefaid under the Foot of our Seal,
commandingyou, that having feen the Record and Procefs aforefaid, you further
caufe to be done as to the Execution of the faid Judgment, that which of Right and
according to the Law and Cuflom of our Realm ought to be done. Witnefs, &c.
-C And if a Man recover Lands by Alife of Novel DJeifin before Juftices of
Aflife, and the Defendant hath a Writ of Warrantia Charte depending in the
Common Pleas, the Party may fue a Certiorarito remove the Record of the
Aflife in Chancery, and thereupon have a Mittimus of the Record of Aflife to
the Juftices of the Common Pleas, and in the End of the Writ fhall be faid,
That having infpeled thefe you may be able more fafely to proceed in the Plea of
Warranty of Charters aforefaid, according to the Law, &c.
D And in Aflife of Novel.DifeAtn, if the Defendant plead two or three Reco-
veries in Aflife before other Juftices, which Record is in the Treafury, &c.
now if the Record be denied, for which he fueth a Certiorarito the Treafurer
* and Chamberlains of the Exchequer, to certify the Records at a certain Day
into the Chancery; if they at the Day certify any Records, but do not certify
that there are other Rolls of the fame Juftices remaining in the Treafury in the
fewer of London, fo as that they have not made a full Search of the Records;
then the King fhall fend to the Juftices of Affife his Writ, reciting the Matter,
commanding them for to continue that Aflife until another Day, fo as the De-
fendant be not damnified by failing of the Record; and the fame feemeth to
be reafonable.
And if a Man be bound in a Statute-Staple to pay a certain Sum .of Money
at a Day certain, after the Day the Party who hath the Statute, may come to
the Mayor of the Staple and fhew him the fame, and pray him to certify the
fame into the Chancery; and if the Mayor will not fo do, then the Party who
bath the Obligation may come into the Chancery, and fhew the fame there,
and pray a Certiorarito the Mayor to certify the Inrolment of the Statute :
And if the Mayor do return, that he bath twice or oftner, certified the fame
before that Time, as appeareth by the Inrolment made by the Mayor, if there
,appear no fuch Certificate upon Record in the Chancery, then he who hath (245*3
the Bond of the Statute may fue forth a new Certiorarito the Mayor, reciting
in the Writ, that' there is not any Certificate recorded in the Chancery, com-
manding him to certify the Inrolment of the Statute which is bef9re him; and
upon the fame he may have an Alias and a Pluries againft the Mayor, if he''
will not certify the fame, and alfo an Attachnfent againft the Mayor, diredted
to the Sheriff, &c,
The
 554 Writ of Certiorari to remove Records.
Vide to Eliz. The Writ of Certiorari is an (a) original Writ, and iffueth fometimes out A.
'Dyer 274, of the Chancery, and fometimes out of the King's Bench, and lieth where the
75. King would be certified of any Record which is in the Treafury, or in the
But fee Lam- Common Pleas, or in any other Court of Record, or before the $heriff and
bert 41 1. Coroners, or of a Record before Commiflioners, or before the Efcheator;
The Ufe at then the King may fend that Writ to any of the faid Courts or Offices, to
this Day is, certify fuch Record before him in Banco, or in the Chancery, or before other
to award a Juftices,. where the King pleafeth to have the fame certified: And he or they
Sabpcena to
the Comnmif. to whom or who the Certiorariis direcled, ought to fend the fame Record ac-
z7 H. 6. 30. cording to the Tenor of the Writ, and as the Writ doth command him; and
Marle. if he or they fail fo to do, then an Alias fhall be awarded, and afterwards a
Pluries, Vel caufam nobis fignflces, and after an Attachment, if a good Caufe
be not returned upon the Pluries, wherefore they do not fend the Record.
Alfo the King might by fuch Writ of Certiorari fend for the Tenor of the P
Record, or for the Tenor of the Tenor of the Record, at his Ele6tion; and
thofe Writs ought for to be obeyed, and the Records fent, as the Writ com-
mandeth them to do ; and the Form of fome of thofe Writs here followeth:
The King to his beloved and faithful R. greeting: Becaufe for fome certain
Caufes we will be certified upon the Record and Procefs of Outlawry againflI.. in the
County of T. pronounced before you and your Companions our Juftices afigned to
hear and determine divers Felonies in the County aforefaid: We command you,
that, &c. you fend the Tenor of the Record and Procefs aforefaid; or thus, That
without Delay you fend the Tenor of the Record and Procefs of Outlawry aforefaid,
with all Things touching them, to us in our Chancery under your Seal difinily
and openly, and this Writ. Witnefs, &c.
And to certify an Indiament taken before the Juffices in Eyre,. the Form C
is fuch:
The King, &c. Becaufe upon the Prefentment made before you and your Com-
panions our fufjices itinerant in the County of Lincoln, of the Death of A.
whereupon B. taken and detained in our Prieon of N. is fufpefned, and alfo for
fome certainCaufes we will be certified upon the Inquifition thereof before you made;
We command you, that without Delay you fend the Inrolment of the Prefentment.
and Inquifition aforefaid to us, under your Seal drflinly and openly, and this Writ.
Witnefs, &c
And there is another Form of Writ direted to the Coroners:
y4 A. 40. The King to his Coroners in-the County of Lincoln,. greeting: Becaufe forfome
Br.Cernora.9. Certain Caufes we will be certfred upon the Record and Procefs of a certain
Ap-
awarded the peal, which W. lately an Approver deceafed, made againft S. of a certain Rob-
Executors of bery which the fame W. and B. in your County, &c. one after the other faid was
the Coroner. done;. We command you, that, &c. you fend to us the Record and Procefs of the
Vi. 36 H. 6 fame Appeal with all Things touching them, under your Seals, &c. And that
.orarithe Writ lieth where a Man before Juftices becometh an Approver, and the Co-
Coroners, vi. rener appointeth him to make his Approvement, and afterwards the Approver
2 Eliz. Dyer
zz23. Proter's (a) A Certiorari out of B. R. was to remove Chancery for the Tenor was, and then it was
the Record of the Foot of a Fine in C. B. and it fent into B. R. by Mittimus. Djer 275*
was not allowed, but a Gertiorari out of the
dieth;
 7Writ of Certiorari to remove .Recok1. "5
dieth, the King may write unto the Coroner to fend him the Record of the
Approvement.
E And another Form of Certiorarito the Mayor and Sheriffs of London:
''he Iing to the Mayor and Sheriffs of London, greeti4: Becaufe certain Bu-
#eisby Appeals, Indittments and Attachments before you in the faid City of Lou-
don entred, not yet determine4, and certain Inqu itions made in the faid City,
were returned, the Inquj/itions of which Bufinefes, and the Records and Procef;,
remain in your Power, as it is fai4 and all which we will to be expedited and
finally determined by cur beloved and faithful B. C. and D. our jfices afligned to
hear and determine divers 9rea committed in the faid City ; We covnand ye
that, &e. you feed the 4forefaii Records and Procefs, with all trhiqs IouchiW
them, to the faid ftices under your Seals, &c.
F And if the King by Virtue of any Writ (a) of Certiorariremove any Record
before any of the Jufticesp he may afterwards fend for that Record, and re-
move the fame before himlelf, or other Juffices, at his Eletion; and then
the Writ is fuch:
71he King, &c. Becaufe for fome certain Caufes we will be certified upon the
Record and Procefs of a certain Ingquition taken before our beloved and faithfad
W. and P. -our Yuffices afigned to deliver our Gaol of N. for Ae Death of 'E.
whereof C. for the faid Death is t fufpeled, as it is faid, which/aid Recprd ani
Procefs ee caufed to come before you for certain Gaufes which remain in youi
Power, as it is faid; We command you, that you fend the faid Record and Pro-
cefs, with 411 Things touching them, to as anderyour Seals dliftinfly, &c.
0 And when the King would be certified of an Optlawry in the County, then
the Certiorari thall be as well to the Sheriff, as to the (b) Coroners of the
,County, to certify the fame. But if a Man be condemned in the King's
Dench, and afterwards outlawed for the King's Fine upon his Condemnation,;
if he jvill fue forth a Pardon of the Outlawry, he ought to have a Certiorari
out of the Chancery to certify the Record of the Condemnation, which Thal
be fuch:
(a) And this Writ being, dlivered to the Ju- See on a Record of Outlawry certified by a
flices, feems -to fufpend their Power, fo that if Certiorari, a Charter of Pardon, and a Sire A.
they. arraign the Party upon an Indiament afcer- eias iffued, 9 H. 4. 7. and the Sheriff Tal4 be
wards, it is erroneous, a H. 6. 28. allb after amerced, if it be returned on the Exigent, de 4to
the Return, although the Indiament be not re- Exaf only, 36 H. 6. 13. but the Party thall
moved, they cainot proceed, and if they do, it not be difablei. as 4 49. If a Capias atdagal'
is Error. 6 H. 7. 16. per Keble. See Dyer 245. thall be awarded, quaate 38 Ed. 3- 14. the Goods
t Sufpeaed; fee Speiean Glf wer. Reda- of the Party feized as forfeited. Dyer 221. Proc-
tar, i. e. wocatur injus at Re5ass facial. ter's Cafe, contr. Co. Lit. a1 8, See the Judgment
(h) See it dizeaed to the Coroners only. 9 H. in Prter'sCafe ; that the Certiorari thall be
4. 7- 36 H. 6. 13. Dyer WaZ
vi3. where there granted to the Coroners for the Outlawry, ei-
is a Default in the Sheriff in not returning, or ther &fr haftening the Sherif to return the Exi-
mnifreturning the Exigent. See the Writ .to the gent, or to have him amerced for his Conceal-
Sheriff and Coroners. Rgiffer 284. 38 Ed 3 ment, or to falfify his Return, as if he returns
14. &Edkbi. For although the judgment is ren- 41o Exad', where it was Sto Exead, and is not
idred by the Coroners, as 2 ,H 7. 33. yet the to difable the Party; for till the Exigent, which
Record is in Caflody of the Sheriff, and the Co- is the Sheriff's Warrant, be returned, there is no
roners have only a thort Note or Memorandum Forfeiture, cotr.1)yer 3z8. Paten and Ha is
of it, Dyer zz3. and fee in London a Writ to the Cafe.
Sherifli only. Dyer 8.
The
 556 Writ of Certiorari to remove Records.
The King to his beloved and faithful I. his Chief Yuffice, &c. greeting: Whereas
E. was convifled before you of a certain Trefpafs done to F. with Force aid Arms,
and becaufe he came not before us to fatisfy to us for his Ranfom, which belongs to us
in this Behalf, and to the faid F. for his Damages adjudged in this Behalf, was
put in Exigent to be outlawed, and upon that Occajion was afterwards outlawed,
which faid Outlawry is now returned before you, as we have received Informa-
l 246. 1 tion; and he the faid E. hath befought us, that whereas he hath already fatisfied
the faid F. of his Damages aforefaid, we would gracioufly pardon him the Out-
lawry aforefaid; We for that Caufe willing to be certified upon the Record and
Procefs of Outlawry aforefaid, and whether he the faid E. hath fatisfied the faid
F. of the Damages aforefaid (as it is faid) or not, command you, that you render
us more certain touching the Premifes under your Seal definflly and openly, &c.
And if a Man be indiaed before Juftices of Gaol Delivery of Felony,, and A
afterwards is acquitted; then if he who is acquitted doubteth he fhall be trou-
bled by reafon of the fame Indi&ment, he may fue forth a Certiorarito re-
move that Record and Procefs of the Inquifition, &c. into the Chancery, &c.
1.4 H. 7. 15A. And' if a Man do recover Debt or Damages before Juiftices of Oyer and B;
1s H. 7. 5* Terminer, and hath not Execution, he may remove the Record and the Pro-
3 6H. 6,,3. cefs into the King's Bench, and there fue Execution, and have a Scire facias.
39 H. 6. 3. upon the Record, &c.
And if a Man do recover Damages. in an Aaion of Trefpafs bef6re Juff ices
of Oyer and Terminer, and hath the Party in Execution by reafon of the Judg-
54 H. 6. 47. ment ; if the Party in Execution dieth in Prifon, he who recovered may fue a.
cont. Certiorari to the Juftices to remove the Record into the King's Bench, that,
4 Ed. 4- 39. the Juftices there may award Execution, as the Law requireth in foch Cafe.
,6 4&. And I think, in that Cafe, that the Party fhall have Execution by Elegit, or
47 Ed. 3. by Scire facias; for it feemeth not to be reafonable, that the Death of him
Execut. 4.. who dieth in Prifon thould he a Satisfadion. to. the Party. Yamen quere, for
z Cro. 143. the fame is a Doubt.
?Oft. 247. If a Man be arraigned of Murder, and found Guilty fe defendendo, for which C
he is bailed or committed to Prifon, he may have a Certiorarito remove the
Record into the Chancery, that he may fue. forth a Pardon thereupon accord-
ing to the Courfe of the Law, &c..
If. a Man recover Damages in Trefpafs in the King's Bench, and hath the D
Defendant's Lands in Execution by Elegit, and then he who recovereth is dif-
feifed by the other, for which he bringeth an Affife before the Juftices of
Aflfe; he who bringeth the Affife ought to have a Certiorari to the Chief
Juftice of the King's Bench to certify the Record and the Proceedings to
Judgment given in 'the King's Bench, and of the Execution there; and the
Plaintiff may have the Record in Chancery exemplified under the Great Seal,
if need' be, to the Jbftices of Affife.
And if a Man recover by Affife of Novel Diffeifin, and the Party. will fue E
an Attaint in the Common Pleas or in the King's Bench, he ought to fue a
Certiorarito the Juftices of Affife to remove the Record in the King's Bench,
or into the Chancery, &c. that he might fend the fame before the Juftices be-
fore whom the Attaint is fued, &c

And
 Writ of Certiorari to remove Records. 557
17 And it appeareth by the Regiffer, in the Title [Certiorari] that if falfe
Judgment be given before the Steward and Marfhal of the King's Houfe,
upon a Plaint there fued, that the Party may fue an Attaint by Writ before
the Steward and Marfhal to attaint that Jury, &c. and that the King may
fend a Certiorari to certify the Record into the Chancery, which thall be di-
reded to the Steward and Marfhal of the King's Houfe ; but the Record fhall
be certified under the Seal of the Steward only, as appeareth by the Words of
the Writ, &c.
G There is another Writ of Certioraridireded to the Treafurer and Barons of
the Exchequer to certify the King of the Debt which L oweth unto him,. and
of the Debt which the Anceftor of the faid I owed the King,. and which are
clear Debts, and to certify the fame without Delay under the Exchequer Seal,
and not into the Chancery, nor into the King's Bench.
H There is another Certioraridireded to the Juffices of Gael Delivery to cer-
tify the Record and Proceedings upon an Indiftment of Murder, and Acquit-
tal thereupon, into the-Chancery, &c.
I There is another Certiorari,to the Juftices of Peace to certify into the Chan-
cery the Tenor of the Records, and Procefs. of Outlawry of feveral. Perfons re-
turned before them.
K There is another Writ of Certioraridire&ed to the Steward and Marfbal of
the King's Houfe to certify under the Seal of the Steward into the King's,
Bench an Indiament taken before the Steward and Marfhal,. which the King,
would have to be determined only before him in the King's Bench.
L There is another Writ of Certiorari,to the Mayor and Sheriffs of York to
tertify the Tenor of the Record and Proceedings in an Affife of Frefh Force
fued before- them in the fame City without Writ, and to certify the Tenor of
the Record and*Proceedings in the Chancery.
M There is another Writ of Certivrarito the Bifhop of Oxford-to certify into
the Chancery how many Perfons were admitted, inftituted and induded into
fuch a Church, fince the Statute of King Edward IV. until' this Time,, and at
whofe Prefentation, and by what Title, and in what Manner.
N There is another Writ of Certiorarito the Cptos Breolam to certify the King
in the Chancery the Tenor of the original and judicial 'Writs, and the War-
rants of Attorney which are in his Cuftody concerning flich an Aaion or Suit.
0 And another Writ dire&ed to the Treafurer and Chamberlains of the Ex-
chequer to certify the King in the Chaccery the Record and Proceedings
of a Writ of 9no Warranto fued by the King's Anceftor, King Edward I.
againft the Abbot of Wefminfer,. for certain Liberties claimed by the faid Ab- [ 247. j
bot, &.
A And another Writ of Certiorarito the Commiffioners! of Sewers to certify
the King in the Chancery at a certain Day all the Prefentments before them
made againft fuch a Perfon, &c.
B And a Writ of Certiorari dire&ed to the' Chief Juftiee of the Common
Pleas to certify the Tenor of a Record and Proceedings of Utlagary againft
fuch a one in London, remaining in Middlefex before the Juftices of the Com-
mon Pleas,, and to certify the fame into the Chancery..

And'
 558 Writ of Certiorari to remove Records.
And if a Baron, who is a Peer of the Realm, be fued in the Common Pleas, C
and Procefs be awarded againft him by Capias or Exigent, then he may fue a
Certiorari in the Chancery direaed to the Juftices of the Common Pleas or
King's Bench, teftifying that he is a Peer of the Realm, commanding them
to award fuch Procefs againft him as they ought to do againft a Peer of the
Realm; and the Writ is fuch:
The King to his fuftices of the Bench, greeting: We command you, if G. T.
Knight, be impleaded before you at the Suit of any Perfon by an Atlion perfonal,
you caufe to be made fuch Procefs (and no other, againf him in the faid Alion)
as againfi Lords, great Men, Earls or Barons of our Realm of England, who
ought to come by Summons to our Parliaments, or any of them, according to the
Law and Cufjom of our Realm of England ought to be made, becaufe the jaid
G. T. one of the Barons of our faid Realm, coming to our Parliaments by our
Royal Summons, is recorded; And this we command you; and make known to
others whom it may concern, &c. Witnefs, &c.
And if a Man recover Damages and Cofs in an Affife of Novel Diffeifin, D
he may fue a Certiorari to remove the Record into the Chancery direled to
the Juftices of the Aflife, to the Intent that the King may fend the fame to
any of his Courts, that he who recovereth may fue Execution of the Damages
recovered; and upon that Record fent into the King's Bench, he thall fend
that Record into the Common Pleas by Writ of Mittimus dire&ed to the Ju-
ftises there, that they do as they ought for to do according to the Law, to
make the Damages to be levied.
There is another Form of Certiorariby thefe Words: E
The King to the Sherif, &c. We willing for certain Caufes to be certified upon
the 'Tenor of the Record and Procefs of Outlawry again;f W. of B. of the County
of N. Hujbandman in the fame County: Or thus ; In our Huling of London
proclaimed, and certified before the Julices of him the faid King of the Bench,
which faid Record and Procefs the fame King for certain Califes made to be certi-
fied before him, as it is faid, and whether he the faid W. had rendred him/elf to
the Prifon of the Marfhalfea of him the King before himfelf on the Occajion afore-
faid, or not; therefore let the Tenor of the Record and Procefs of Outlawry afore-
faid, and alfo the Certificate of the Render with this Bill, be fent drytihly and
openly without Delay to the faid King in his Chancery, under the Seals of I. F. his
Chief Juftice afigned to hold Pleas before the King himfelf. Witnefs the King him-
felf at Weftmhdter the i 2th Day of May in the 3oth rear of his Reign.
Ant246. E. And by that it appeareth, although the Record be remaining in Banco, yet
the King may fend to remove it into the Chancery.
And if a Man be arraigned of Murder, and it. is found that he killed the F
Party fe defendendo, he ought for to fue a Certiorarito remove the Record into
the Chancery, and upon the Removal thereof to have- his Pardon; and the
Form of the Pardon doth appear in the Regifter, fol. 287, 288.
And if a Man be attainted in Aflife of Novel Diffeifin before the Juftices G
of Aflife, of a Diffeifin with Force, and be afterwards outlawed for the King's
Fine; if he will have a Pardon of the Utlagary, he ought for to have a Cer-
tiorari dire&ed to the Juftices of Affife to certify the King in his Chancery
the Tenor of the Record of the Affife, and alfo another Writ to the Juftices
2 to
 Writ of Certiorari to remove Aecordst 559
to certify the King in his Chancery, whether the Defendant in the Affife bath
yielded himfelf to Prifon, and bath fatisfied the Party his Damages. And if
the'fame be fo certified in the Chancery, then upon that Certificate he fhall
have his Pardon of the Outlawry, and the Form of the Charter of Par4or
appeareth in the Regifter, 288.
And if a Man be condemned in'the Common Pleas in Debt, and Outlawry
upon the fame; then, before he fhall have his Pardon, he ought for to yield
himfelf to the Prifon of the Fleet, and fatisfy the Party, and the Record of
his Condemnation and of the Satisfaaion ought to be certified by Certiorari
unto the King in his Chancery; and thereupon he Ihall have his Pardon, and
that is by the Statute of 5 Ed. 3. Cap. I2.
And if a Man be outlawed feverally at the Suit of three feveral Perfons in
feveral Adions in which he was condemned, he ought to fue a Certiorari to
* remove the Tenor of thofe Records and Procefs into the Chancery; and affo,
to have a Certiorarito the Jbftices of the Common Pleas, if the Suit be there,
to c rtify the King in Chancery, whether he bath yielded himfelf to the Prifon
cf the Fleet, and bath fatisfied the Parties ; and when the Chief Juftice bath
certified the fame into the Chancery, then he fhall have his Pardon for the
Outlawries, and not before; and the Form of the Pardon appears in the Re-
gifter, z8 8.
H There is another Certiorarito the Efcheator to certify the Manner and Caufe
of taking of Lands into the King's Hands after the Death of one ; and the
Writ is fuch:
The King to' his Efcheator, &c. greeting: Becaufe for fome certain Caufes we'
will be certified upon the Manner and Caufe of taking' of the Lands and Tene-
ments which were I.'s deceafed, in B. in your Bailiwick, feized by you into our
Hand, as it is faid , We command you, that without Delay you render us in our
Chancery more certain upon the Manner and Caufe abovefaid, under your Seal di-
finity and openly, fending to us this Writ. Witnefs, &c.
But note, that it is ena&ed by Statute, that-if the Efcheater find any Office [ 248.]
of any Lands or Tenements for the King, that he ought for to return the Of-
fice into the Chancery or into the Exchequer, within a Month after the find-
ing thereof, upon Pain of twenty Pounds payable to the King,. and to him
that will fue for the fame; and that Statute was made Anno 8 H. 6. cap. i6.
A There is another Certioraridirefted to the Efcheator to certify the Iing in
Chancery, at his'Peril, the Value of the Knights Fees and of the Advowfons
which I. had, who is dead, who held of the King the Day of his Death- in Ca-
pile;'?and the Writ is fuch:
The King to his Efchealor, &c. We willing for certain Caufes to be certified
upon the true Value of the Knights Fees and Advowfons of Churches which were
1.'s deceafed, who held of as in Chief in your Bailiwick, on the Day when hr
died, and which, by reafon of the Death of him the faid"I. are taken into our
Hand; We command you, that by the Oath of, &c. you diligently caufe the Fees
and Advow/ons aforefaid to be extended, viz. how much they ari worth in all
Ifues according to the Value thereof; and fend that Extent without Delay di--
findly and openly made, to us snder your Seal and the Seals of 'them bswhom the .
fame was made, and this Writ. .WitnefF,. &c.
And
 dWit of Forcible Entry upon the Statute.
And if a Lunatick or a Madman doth kill a Man, or if a Man doth kill a B
Man by Misfortune, or if an Infant of eight Years old doth kill a Man; if
they will fue a Pardon for the fame, the Ufe is to fue a Certiorarito remove
the Tenor of the Record and Procefs into the Chancery, and thereupon to
have a Pardon; and in the Regifter do appear feveral Forms of fuch Certio-
rari's to remove fuch Records, which a Man may fee there more fully, and.
therefore they are not here mentioned.

Writ of Forcible Entry upon the Statute of 8 H. 6.

6. of Forcible Entry lies where a C

T ManWrit
HE upon the
is diffeifed Statute
or put out of 8 H.
of his Lands or (a) Tenements with Force,
whereof he is feifed as of an Eftate of Freehold in Fee-tail, or in Fee, or for
Life; he may fue forth that Writ of Forcible Entry upon that Statute: Or if
he be diffeifed or put- out of his Lands and Tenements peaceably, and after-
wards the Diffeifor, or he who oufteth him, doth keep and detain the Lands
and Tenements with Force, then he who is put out may fue that Writ, if he
will, and in that Writ he ihall recover his Damages and his Coffs treble for
2 H. 6. 47. what he is found (b) damnified by the Jury, and what he hath expended in
that Suit.
6 H. 6. 86. If a Man enter into any Lands and.Tenements, and diffeifeth another with D
3 Ed. 4. 19. Force, and keepeth the Lands and Tenements and detaineth them with Force;
6 H. 7. 12. then he who is oufted and diffeifed may have that Writ, although the Words
so Ed. 4. 1. of the Statute are in the Disjunctive, fcil', Where a Man is diffeifed with
Force, or where a Man doth diffeife one peaceably, and afterwards doth keep
the Lands with Force ; becaufe the Intent of the Makers of the Statute wzs
to punifh fuch Force, whether it were upon 'the Entry and Diffeifin, or upon
the Keeping and Detaining of the Lands, &c.
4 Ed. 4. 19 And note, That none can have or maintain that A 61ion, but he who hath E
4 H.7. 2 a Freehold in the Lands or Tenements at the leaft; for Tenant for Years can-
Ed. 4 not maintain the Ation, becaufe the Words of the Writ are, Expulit & dif-
37 H .6. 31. fei/ivit (c); and Tenant for Years cannot be diffeifed, &c. And the Form of
cont. the Writ is fuch:
The King to the Sherif, &c. greeting: If A. jhall make you fecure, &c. then F
put B &c. to anfwer as well to us, as to the faid A. wherefore, whereas in the
Statute fet forth in the Parliamentheld at Weftminftcr in the eighth Tear of the
Reign of King Henry the Sixth lately King of England, our Progenitor, arongft
other Things it is contained, That if any Perfon be put out or difeifed of any
Lands or Tenements in a forcible Manner, or put out peaceably, and after holden
out with firong Hand, or after fuch Entry any Feoffment or Di/continuance in any

(a) Expulfed of his Rent. 2o H. 6. 1:. vide (e) Yet Note; The Words in the Statute are
ilid 47. in the Dijunive, viz. Expufe ou dIreife. See
(A) See accordingly 14 H 6. 2. 12 Ed. 4. z. Bra. Ac'nfar Sat. I7. And quare if a Leffor
and yet the Statute fpeaks only of Damages. may have this Writ, becaufe he i not expulled.
Dysr 142.
wife
 Wit of Forcible Entry upon the Statute. 1dL
wofe thereof be viade, to defraud and take away the Right of the Pofefor, that
the Party aggrieved in this Behalf fhall have Afife of Novel Difei/in or a Writ
of frefpafs againf fuch Difeifor; and if the Party aggrieved fhall recover by
.4ife or Attion of Trefpafs, and it /hall be found by Verdi&, or in other Manner
by due Form of Law, that the Party Defendant entred with Force into the Lands
and Tenements, or them after his Entry did hold with Force, that te Plaintiff
Ihall recover his treble Damages againft the Defendant, and moreover that he make
Fine and Ranfom to us : The aforefaid,B. hath forcibly put out and diffeiftd tke
aforefaid A. of his Freehold in B. and him fo put out and diftifed, keeps out of
the fame, in Contempt of us, and to the great Damage and Grievance of him the
faid A. and again/s the Form of the Statute aforefaid, and again/i our Peace:
And have there the Names of the Pledges and this Writ. Witnefs, &c.
G And the Procefs in that Writ is Attachment and Diftrefs, and Procefs of
Utlagary, &c.
H If a Man entereth with Force into Lands and Tenements to which he hath 15 H.7-.7.18-
Title and Right of Entry, and put the Tenant of the Freehold out of thofe 9 H 6. 19.
Lands or Tenements; now he who is fo put out with Force fhall not main-
tain an (a) A&ion of Forcible Entry againft him who had Title or Right of
Entry, becaufe that that Entry is not any Diffeifin of him; but he may (b)
indid him for his entering by Force, and by this Indiament he fhall be re-
ftored to his Poffeffion again; and that is by the Statute of 8 H. 6. c. 9.. [249.]
A (c) And in this A&ion of Forcible Entry the Plaintiff fhall recover treble Da-,
mages, as well for the Occupying of the Lands, as for the firft Entry therein.
B And a Man may have a Forcible Entry of Rent, as well as of Lands.
And if a Man entereth and diffeifeth another with Force, and afterwards the
C Diffeifee re-entereth again; yet the Diffeifee may bring his A&ion of Forcible'
Entry, and recover his treble Damages, although he be feifed of the Land 23 H.S. f. s.
at the Time of, the A&ion brought; but if a Man, continueth three Years in
peaceable Poffetfion without Interruption, then he may hold the Lands with
Force, and fhall not be punifhed for that Force ; and by the fame Statute.
And in the Writ of Forcible Entry the Defendant may plead Not guilty,
and it thall be a good Plea; but if the Defendant doth plead Matter in Bar,
yet he ought in the.End of his Plea in Bar to traverfe the Entry with Force,
which is alledged; as to fay, Abfque hoc that he did enter with Force, &c.
but yet the Demandant or Plaintiff ought to anfwer the fpecial Matter alledged
in the Bar, without anfwering to the Traverfe with Force, &c. (d).

(a) Viz. He hall not maintain it on the (c) See accordant Dyer 14t. And Note; He
Stat. R. 2. See 9 H. 6. 19. but the Party thall who is fo reftored cannot maintain the Polleflion
make Fine to the King for his Forcible Entry. with Force, although he has had a peaceable
See 31 H. 6. 39. (x7 H. 7. s7.) That if the Poffeflon for three Years before the Expulfion.
Title be found for the Plaintiff or Defendant, For the Pofflion is interrupted. See D 7.
they (hall make Fine, &c. Vide pof. 49. D. None may grant Reffitution but thofe Juitices
(b) Note; On an Indiament of Forcible Entry before whom the Force is found, and the Writ
found before Juftices of Peace, and removed hi- luauwih beoce
underahogheasad
the Tefle of one of them, and then
ther on the Statutes 5 Eliz. and'i 5 R. 2. The no other juices but thole of B. R. canagrantndaeal
a
Party pleads, as to the Entry with Force, Not Sxperfedear.
guilty, and he was forced to anfwer to the Entry (d) See where he maintained the Entry with
wherefore hejuified the Entry. 7 H.w6. 13. Force, by Chacement. 9 6. 19. i H. 6. 9.

4. C And
 562. Writ of Forcible Entry upon the Statute.
37 H. 7. 17. And if the fpecial Matter alledged in the Bar be found for the Defendant, E
he fhall be excufed, and the Force thall (a) not be inquired of; and if it be
found with the Plaintiff, and againft the Defendant, the Defendant fhall be
attainted of the Force, and fhall pay treble Damages and Cofts without In-
quiry of the Force; and the fame is the Ufage at this Day. And one Joint-
tenant or Tenant in Common may maintain this Aftion againft his Compa-
nion, if he be put out with Force, &e.
And if a Man do enter with Force, and doth detain with Force any Lands F
or Tenements, the Party may have his Aftion upon the Statute of Northamp-
ton, made Anno 2 Ed. 3. Cap. 3. and the Writ fhall be fuch:
fhe King to the Sherif, &c. Becaufe we are given to underftand, that a great
many Malefaflors and Deflurbers of our Peace, in unlawful Afemblies gathered to-
gether, armed and arrayed in a warlike Manner at C. have gone to enter the Clofe
and Houfes of certain of our liege Subjetis there by Force and armed Power, and
for this Purpofe have agreed together to take, and prepare and intend to carry
away the Goods, Rents and Revenues, and other their Goods whatfoever forth com-
ing of their Pofefions whatfoever, in Gentempt of us, and to the manfef %error
and Difurbance of certain of our People there, and againf the Form of the Sta-
tute at Northampton ft forth, of not carrying Arms againft the Peace of Lord
Edward the Third lately King of England, our Progenitor, and againji our Peace:
We willing the faid Statute to be inviolably obferved, and willing the Breakers
thereof to be chaftifed and punifhed according to the Force and 1fea of the fame
Statute, command you, that at the Town of C. and elfewhere in your County,
where it iball be neceffary, you caufe it publickly to be proclaimed, and on our Part
firmly to be prohibited, that no one, of whatever State or Condition he }ball be,
there go armed againfi our Peace and the Form of the faid Statute, nor caufe any
armed Power, or do any other Thing there or elfewhere, by which our Peace or
the faid Statute be hurt, or our People may be terrified, difjurbed or in any Man-
ner unduly aggrieved, upon Pain of the Lofs of their Arms and Imprifonment of
their Bodies at our Will, as in the faid Statute it is more fully contained; and all
thofe whom, after and againf the Proclamation and Prohibition aforefaid, you
,ball find doing contrary, or by Inquiyition (by you in due Manner and Form to be
taken) ]hall be found to have done, together with their Arms and Armour found
with them, caufe to be arrefted and taken, and the Bodies of fuch arrefedPer/ons
to be fafely kept in our Prifon, until you jhall have other Matter in Command from
us for their Delivery, and their Arms and Armour aforefaid to be appraifed, and
an/wer to us thereof; but without Delay render us more certain in our Chancery
di/fin4ly and openly under your Seal, of the Names of the faid arrefted Perfons
and of their Arms and Armour, and what and of what Kind they are, and of the
Price or of the true Value thereof, and of your whole doing in this Behalf, fending
to us this Writ. Witnefs, &c.

(a) And o it is on an Indiament of Forcible Non f igtretfs contra formam Stateid. I H. 7.

Entry. 7 H.6. 13. Fids rantr. where he plcada 19. 35 H. 7. 17.

Writ
 56;

Writ of Mainpripf.

G 'T"HEWrit of Mainprife lieth properly where a Man is taken for-Surpicion

[ of Felony, or indided of Felony, for the which Thing by the Law he is
bailable, and he offereth fufficient Sureties unto the Sheriff pr others who have
Authority to bail him, and he or they do refute for to let him to Bail; then
he who is kept in Prifon may fue forth fuch Writ:
The King to the Sherif, &c. It is jhewed to us on the Behalf of R. take* and
detained in our Gaol of Glouceffer, for a certain Theft of a certain Horfe, com-
mitted at S. as it is faid, whereof he is indifled before you by a certain Inquefl
of your Office, as it is faid, that allhough he hath feveral Times ofered to you
fuficient Mainpernors who will be Mainprife for him, according to the Form of
the Statute fome time fince fat forth at W eftminfter, in which it is contained,
that Perfons indifled of fuch Thefts before Sheriffs and Baikfs by Inqueft taken 'of
their Offices are replevifable, yet fo long as they are of good Fame; neverthelefs
you have hitherto delayed and yet do delay to receive thofe Mainpernorsfrom the
faid R. and to deliver him by fuch Mainprife from the Gaol aforefaid, to the
great Expence and Grievance of him the faid R. and the manifef Peril of his
Lrfe, and againft the Form of the Statute aforefaid; and becaufe we will not that
he the faid R. be longer detained in the faid Prifon againff the Form of the ( 250.
Statute aforefaid, We command you, that if he the faid R. is of good Fame,
and was indified by Inqueft taken before you of your Office, of the Theft, aforefaid,
as before is faid, and is detained in the jaid Prifonfor the fame Tbeft, and upon
no other Occajfon, and will find you f cient Mainpernors (a) who will be Main-
prefe to have him before our Jufices af/igned or to be 4figned to deliver our faid
Gaol, at their next coming to deliver that Gaol, to fand to Right touching the
faid Theft, according to the Law and Cuflom of our Realm of England, then in
the mean time caufe him the faid A. to be delivered from the faid Prfon, by the
Mainprife abovefaid, according to the Form of the Statute aforefaid; and have
there the Names of the Mainpernors and this Writ. Witnefs, &c.
A But note, That it is oufted by the Statute made Asne 28 Ed. 3. c. 4. that
the Sheriffs thall not take the Indi&ments by Writs or Commiftion direded
B unto them. And fee the Statute of Wrfe. cap. x5. for thofe who fhall be
bailed.
C And if a Man be indided of 1elony before the Bailiffs of the Hundred,
and put into the Gaol for the fame, if he offer fufficient Sureties to the
Bailiffs, and they will not bail him, then he who is imprifoned may have fach
a Writ unto the Sheriff, thus:
The King to the Sherif, &c. It is 4ewed unto us on the ehalf of . that
whereas he is indified by certain of his Enemies of Stealing a certain Ox of R. &c.
committed at R. as it is faid, before the Bailf F. of B. of his Hundred of P. by
Ingeft of the Office of the faid Bailjf take#, and upon that Occqon is taken and
(a) Note; The Manucaptors are caly to pay a Fine to the King. IH. 6. p.
4 Cs2detained
 564 Writ of Mainpri.
detained in our Prfon of D. and although he the faid I. hath feveral imes f
him/elf ofered fufficient Mainpernors who will be Mainprife for him, according to
the Form of the Statute fome time fince fet forth at Weftminfter, wherein it is
contained, &c. (as above.) We command you, that if he the laid I. be of good
Fame, and be indiled of the Theft aforefaid by Inqueft taken before the faine
Bailiff of his Office, as before is faid, andfor the fame Theft, &c. (as above) &c.
And there is another Writ for a Man who is taken for Sufpicion of Felony,
and kept in Prifon; and another Writ for him who is arrefted and kept in Pri-
fon for Petty Larceny, &c. But this Claufe fhall then be put into the Writ,
viz. Si de aiiis Latrociniisprius reflati non fuerint: But this Claufe, dum tamen
bone fame fint, fhall not be put in that Writ, where it is fued for him who
is taken for Petty Larceny.
And if a Man who is of good Fame be appelled by an Approver, for which D
Caufe he is arrefted and kept in Prifon; then he may fue a Writ to the Sheriff,
to let him be bailed upon good Sureties.
And fo if a Man be appelled by an Approver, and be taken and kept in
Prifon, and afterwards the Approver dieth; he may fue a Writ to the Sheriff
Ant. 66. to fet him at Liberty upon fufficient Bail, if he be not a notorious Felon, al-
though he be not a Man of good Fame.
And if a Man be indited as Acceffary to a Murder, as by his Affent and E
Procurement, or Receipt, &c. or of aiding or counfelling, &c. and be taken
for the fame, he may fue a Writ to the Sheriff to take Bail of him, until the
Principals be convift or attainted, if they be of good Fame; but the Statute
of IWejtm. cap. x5. doth not fpeak fo largely as the Writs in the Regiffer do,
for the Statute doth not fpeak of Commandment, Abetment or Confent, &c.
And if a Man be taken by the King's Commiffion, and kept in Prifon for F
Felony or evil Doing, he may by his Friends put in Sureties in the Chancery,
that he will appear before the Juftices, &c. and be of good Behaviour, &c.
and that Body for Body; and thereupon he ihall have a Writ out of the Chan-
cery upon the Sheriff, or unto the Conftable of the Caftle, where he is im-
prifoned, to fet him at Liberty, if he be imprifoned for that Caufe, and for
no other.
PO. C. And if a Man be indi~ted before Juftices of Peace of Trefpafs, and im- G
prifoned for the fame by Procefs, -he may fue a Writ out of the Chancery,
diredled to the Sheriff, to take Bail of him to appear before the Juftices at the
Seffmons, and to fet him at Liberty; but the Juftices of Peace may take Bail
of him, and fet him at Liberty, if they fo pleafe. 4
If a Man be indifted of Trefpafs before the Juffices of the Peace, and put I
in Prifon therefore, he may fue a Certiorarito remove the Judgment into the
King's Bench, direeted to the Juftices of Peace, and a Habeas Corpus to the
Gaoler, that he bring the Party at his Cofts before the King in his Bench fuch
a Day, &c.
And if a Man be indidled of Foreftalling, and put in Prifon for the fame, I
he may fue a Writ out of the Chancery to the Sheriffs, to take Bail of him to
appear before the Juftices, &c. to abfwer the Trefpfs, and then to fet him
at Liberty.

And
 Writ f Mtinprie. 5565
K And if a Man fueth a Writ of Error upon falfe Judgment given againift Pot. C.
him in any City, or Borough, where he is condemned, and kept in Prifon;
he may fie a Writ out of the Chancery, dire&ed -to the Mayor or Bailiffs of
the City or Borough, to take Surety- of him to anfwer what fhall be die to
the King and to the Party, if the Judgment be affirmed, commanding them
for to fet him at Liberty.
L And fo if a Man fucth an Appeal of Maihem againft another, and after- [ 25 I. ]
wards he is arrefted -at the Suit of the )efendant, or of another in any City
or Borough, to the Intent th4t he may not fue his Appeal; he may have a
Writ out of the Chancery to the Bailiffs or Mayor, that he take Sureties of
him to anfwer to the Party there, and that they fet him at Liberty ; and all
thofe Writs appear in the Regifter. I'
A And if a Man be appelled of Robbery, he may fie a Writ out of the
Chancery to the Sheriff, that he take Sureties of hin to appear before the
Juftices, &c. and that he fet him at Liberty; and if he have not arrefted him,
that he do not arreft him, if the Party offers to Ind fuch Sureties to the
Sheriff, &c.
B And if a Man be fued in Debt or Trefpafs, and be arrefted by Capias or Ant. 238. D.
Exigent, and ,kept in Prifon, he may fue a Writ to the Sheriff out. of the
Chancery, tq take Bail of him to appear at a Day, &c. and that he fet him
at Liberty,. &c. But now, by theStatute made Anno 23 H. 6. every Sheriff 23 H. 6.c. o.
is bounden to let to Bait every one in his Cuftody, who is arited by Writ,
Bill or Warrant, in any Afion PerfonaJ, - or upon Indiament of Trefpafs, if
they offer reafonable Sureties to appear at the Day, &c. in fuch Places where
the Writ,. Bill, &c.: is returnable, &c. but Perfons condemned, or outlawed,
or excommunicated, or, taken for Surety of the Peace, or Perfons who are
committed to Prifon by the Commandment of any Juftice, and Perfons wan-
dering who refufe to ferve, who remain in the Cuftody of the Sheriff, all
thofe Perfons are excepted, for the Sheriff ought not to let fuch Perfons to z H. 6.
Bail.
C If a Man be condemned in Trefpafs before Juftices of the Peace, and- be Ant. I.
arrefted and put into Prifon in the Cuftody of the Sheriff, he may fue a Writ
out of the Chancery to the Sheriff, that he take Bail of him, and fet him at
Liberty; and alfo he may have' a Writ direded to- the Juftices of the Peace,
commanding them to take Bail of him, and-fet him at Liberty: Or if the
Party do find Sureties in the Chancery to appear and ftand right in Law, then
he fhall have a Writ diredfed to the Juftices of Peace, or unto the Sheriff,
to fet him at Liberty.
D If a Man be bounden in a Statute-Merchant payable ,at a Day certain,
and at the Day he pay Part of the Money, and hath a .eleafe from the
Conufee, of the Refidue, if the Conufee fue Execution, and arreft the Party
who hath the Releafe, then the R.ecognifor may fue in Chancery, &c. by his
Friends, and find Sureties, Body for Body, that he fhall appear fuch a Day in
the King's Bench, and pay the (a) Money there, if he cannot otherwife be

(a) And fo in Account when the Defendant De Die in Diem,,and to pay the Sun, if foundc
,comes in by a Capias ad Comptandays, he thall againft him. iiH. 6. 31.' where they were at
find Sureties to keep his Day, i. e. to appear Ifoe before Auditors.
difcharged
5d6 Writ of Diem claufit extremum.
difcharged; and thereupon he fhall have a Writ to the Sheriff, reciting the
whole Matter, and how he hath found Sureties in the Chancery, as is afore-
faid, commanding him for to fet him at Liberty; and thereupon the Sheriff
ought for to fet him at Liberty; and if he will not fo do, he Ihall have an
Alias, and a Pluries, and an Attachment againft the Sheriff, &c.
And if a Man be condemned in any Court, and he is taken in Execution, P
and afterwards he is removed by a Habeas Corpus, or a Certiorariin Chancery;
he fhall not be bailed, but fhall be remanded to Prifon, there to remain ac-
cording to the Law, until he hath fatisfied the Party Plaintiff, &c. Anno
2H 5. cap. 2.
And two Juftices of the Peace, whereof one is of the 9uorm, may let Men F
fufpedted of Felony, or other Perfons who are bailable, to Bail, until the next
General Seffilons or Gaol-delivery : But the Juftices of Peace are bound there
to certify at the next General Seffions, or Gaol-delivery, that Recognizance
unto the Juflices, &c. upon Pain of Forfeiture of ten Pounds, and that is by
the Statute of 3 H. 7. c. 3.
And he who is acquitted of Murder within the Year at the King's Suit, G
thall not be releafed out of Prifon until he find Sureties to appear at an4
Time the Juftices will require him until the End of the Year, &c. becaufe
the Party may fue his Appeal after againft him within the Year, &c.
And what Perfons are bailable, and what not, appeareth by the Statutt of H
Wefm. i. c. i5.
And the Juftices of Gaol-delivery may punifh thofe who let Men to Bail,
who are not bailable, by the Statute de Finibus, cap. 3.
And AnnO 4 Ed. 3. cap. 2. The Marlhal of the King's Houfe cannot let I
thofe to Bail who are indided or appelled of Felony, who are committed to
them, &c. but the Juftices of the King's Bench may punifh them, &c. And
Anno 5 Ed. 3. cap. 8. they cannot let to Bail thofe who render themfelves at
the Exigent in Felony, and are committed to the Marthal, nor by Baily nor
Bafton ; and if they do they fhall be imprifoned for Half a Year, and fined
at the King's Pleafure.

Writ of Diem claufit extremum.

lieth where the King's Te- K
T who of
nant Writ
HE Diem of
holdeth claufit in Capite,properly
him extremum as of his Crown, by Knight's Ser-
vce, or in Socage, dieth feifed, his Heir within Age, or of full Age; then
that Writ ought to iffue forth, and the fame ought to be at the Suit of the
Heir, &c. for upon that, when the Heir cometh of full Age, he ought for to
fue Livery of his Lands out of the King's Hands; and the Writ is fuch:
The King to his beloved W. of K. his Efcheator in the County of Devon, greet-
ing : Becaufe W. of S. who held of us in Chief is Dead, as we have received In-
formation; We commandyou, that without Delay, you take into our Hand all the
Lands and Tenements of which he the faid W. was feifed in hisDeme/ne as of Fee,
in your Bailiwick, on the Day when he died, and caufe them to be fafely kept until
we aU command you fome other Matter thereupon; and by the Oath of hone/i
and
 Writ of Diem claufic extremum. 67
and lawful Men of your Bailiwick, by whom the Truth of the Matter may be 4 Uiz. Dyer
better known, inquire diligently, how much Lands and Tenements the faid W. held 2'b They
of us in Chief, as well in Deme/ne as in Services in your Bailiwick on. the Day he LaId in
when he died, and how much of others and by what Services, and how much thofe Socage in Ca-
Lands and Tenements are worth by the Year in all Ifues, and on what Day the pite, and not
faid W. died, and who is his next Heir, ad'of what Age; and the IquaitioX of the Lands
thereof difinftly and openly made, fend to us without Delay in y our inourCb~cerhc~ldenof
Chancery, other Lords.
under your Seal, and the Seals of thofe by whom it Ihall be made, and this Writ.
Witnefs, &c.
A And if the King had a Ward, and afterwards one who holdeth of the faid Staundf. g.
Ward his Lands by Knight's Service dieth, his Heir within Age, or of full Plo. Com.
Age;a then ai Diem claujit extremum after his Death fhall iffue in this Form: 2o4.
The King to his beloved, &c. Becaufe I. of S. who of the Inheritance of W. of
0. deceafed (who held of us in Chief, being within Age and in our Wardhip) held
by Knight Service, is dead, as we have received Information; We command you,
that, &c. all the Lands and Tenements, &c. and by the Oath, &c. how much
Lands and Tenements the jaid I. held of the Inheritance aforefaid, and who is his
next Heir, &c. (as above.)
B And if the Heir dieth being in the Cuftody of the King, then thall iffue
another Writ of Diem clauit exiremum in this Form:
The King, &c. Becaufe R. of H. Son and Heir of I. of H. deceafed, who held
of us in Chief, lately, while he was within Age and in our Wardhip, died, as we
have received Information, &c. We command you, that by the Oath, &c. you in-
quir? what Lands and what Tenements by the Death of the faid I. and by reafasi
of the Minority of the Heir of the faid I. are come to our Hands, and fo are in
our Hand, and how much thereof are held of us in Chief, and how much of others,
and by what Service, and how much, &c.
C And if the King's Tenant dieth who holdeth by Knight's Service, and his
Wife be endowed, and the King hath the Wardlhip of the Lands for the
Nopage of the Heir, and afterwards the Tenant in Dower dieth, the Lands
being in Ward in the King's Hands; then a Diem claufit extremum ihall be
fued in this Manner:
The King to his beloved N. of -B. Mayor of his City of London, and to his
Efeheator in the fame City, greeting: Beraufe E. who was the Wife of I. of B.
(lately deceafed) who held certain Lands and certainTenements of us in Dower, of
the Inheritance of the faid I. fame time her Hufhand, is dead, as we have received
nformation; We command you, that, &c. all the Lands and Tenements which
the fame E. fo held in Dower of the Inheritance of the faid I. in your Bailiwick,
&c. by the Oath, cc. you diligenty inquire, what Lands and Tenements the fame
E. fo held in Dower of the faid iheritance in your Bailiwick on the Day when
/he died, and how much thereof are holden of us in Chief, and how much of others,
and by what -Services, &c.
D Otherwife after the Death of Tenant for Life of Lands, of which the King
hath the Reverflon in Ward:
Reeaufe A. who certain Lands and certain Tenements of the Inheritance of E.
Couxn and Heir of H. deceafed, who held of the King in Chief, being within Age
and in the Wardfip of the King, held for his Life, is deAd, &c. We command
you, &c. or tjhw, Becaufe A. who held certai Lands and certain Tenements of
3 Us
568 Writ of Diem claufit extremum.
us b,, the Law of England, of the Inheritance of M. his Wife lately Deceafed, is F
dead i W1,e command you, &c.
And if Tenant for Life, the Remainder to the King and his Heirs, dicth, F
the King thall have a Diem claujit extremum in this Manner:
Becaufe A. who was the Wfe, &c. held certain Lands and certain Tenements
for her Life, and which, after the Death of her the faid A. ought to remain to
-ts and cur Heirs, is dead; We command you, &c. what ]be fo held, &c. and
w-rhich after her Death, &c. cught to remain, &c. or thus, After the Death of the
laid B. ought to come to our Hands by reafon of the Minority of the faid Heir, &c. -
And there are divers other Forms of Writs in the Regifter after the re.th
of Tenant for Life, or Tenant in Dower.
And if the King hath the Temporalties of the Bifhop in his Hands, and G
afterwards one who holdeth by Knight's Service of thofe Temporahtics dieth,
his Heir in Ward to the King, then the Diem clau.fit extremum thall be in fuch
Form:
The King, &c. Becaufe B. who held of the Archbyhoprick of Canterbury (be-
ing void and in our Hand) by Knights Service, is dead, &c. We command you,
&c. of which the faid A. was feifed in his Deme/ne as of Fee, and held of the
faid Archbiyhoprick, without Delay, &c.
And if the King hath an Ideot in his Cuffody, and afterwards the Ideot H
dieth, the Writ of Diem claufit, &c. thall be thus:
The King, &c. Becaufe B. of C. lately a Fool and an Ideot, whofe Lands and
Tenements by reafon of the faid Ideocy are in our Hand, is dead, as we have re-
ceived Information; We command you, that by the Oath of, &c. you diligently in-
quire what Lands and what Tenements by reafon of the Ideocy of the faid B. were
taken into our Hand, and are yet in our Hand, and of whom or of what Per/ons
1 253. ] they are holden, and by what Service, and how much thofe Lands are worth, &c.
and who is next Heir, &c. and the Inquiition, &c.
And if a Writ of Diem clauft extremum be fent to the Efcheator, and the A
Efcheator be removed from his Office, or dieth before he make the Inquiry,
&c. then fhall iffue forth another Writ of Diem clau/it extremum, which thall
be fuch:
%he King, &c. Whereas we being lately given to underfland that I. of B. who
held of us in Chief, is dead, &c. we commanded our beloved W. of 0. lately our
E/cheator in the County aforefaid, that, &c. all the Lands and 7enements, &c. (as
before, changing what ought to be changed) and the faid W. is now removed
from the /aid Office, by which the Execution of our faid Writ cannot be done, we
willing to be certified upon the Premifes, command you, that by the Oath, &c.
you diligently make Inquiition upon the Premsfes, and the fame drfinfily, &c.
Witnefs, &c.
And another Form of Writ in. this Manner:
The King to his beloved, &c. Whereas we being'lately given to underfland that
I. of B. who held of us in Chief is dead, commanded our beloved and faithful
H. of B. lately our Efcheator in the fame County, that all the Lands, &c. he
}bould take into our Hand without Delay, &c. until we fhould thereupon command
fome other Matter, and by the Oath, &c. jhould inquire what Land, (as in the
firfit Writ) and the faid H. before the faid Writ was executed, was removed from
the faid Office : We willing to be certified more fully upon the Prenifes, command
you,
 writ of Diem claufic extremum. 9
poa that you make diligent Inqui/ition upon the/aid Articles dnd ever qf them,
and the fame diftinfily and openly made, &c. (as above.)
But if the firft Efcheator do make Inquiry by. Force of the Writ, and after-
wards dieth before the Inquifition be returned into the Chancery, &c. then a;
Certiorarifhall be awarded againft his Execptors, to certify the fame Inquifi-
tion ; becaufe it is a good Matter of Record (a) when it is found, and the Ju-
rors have put their Seal unto the fame.
JB If the King's Tenant, who holdeth of him by Knight's Service, dieth, his
Heir within Age, and no Writ is awarded within one Year after his Death,
then, after the Year is paft, a Writ called a Mandamus thall iffue forth; and
that Writ doth not vary in Words from the Writ of Diem claujit extremum;
and the Writ is fuch.
'The King to his beloved W. of E. his Efcheator in the County of B. greeting:
We command you, that by the Oath of honefi and lawful Men of your Baili-
wick, by whom, &c. you diligently.inquire what Lands and what fexnements I. of
B. held of us in Chief, as well in Demefne, as in Service, in your Bailiwick on the
Day when he died, and how much of others, and by what Service, and how much
thofe Lands and ?renements are worth by. the Year in all Ifues, and what Time the
faid 1. died, and who is his next Heiriy and of'what,Age, and who; or what Per-
fons,occupied thofe Lands, and Tenements, from the Time of the,Death oqf the faid
1."andpereei,6ed the Rents and Profits tereof, and by what Title, and how and in
what A36ner, &c. and.the Ingaiftion, &c.
C And note, That if a Man fue a Writ of Diem claufit extrenum, it ought to Stamf. s .
be fued within the Year, and after the Year (b) he fhall have that Writ of Vide i Elia.
Mandamus, and not a Diem elauf/it estremum. And if a Man fue forth a Writ Dyer 170.
of Diem dlufit retreasm, and he lofeth the Writ, or the fame is taken from 5 Ed. 4. 13'
him with Force againft his Will, he thall not have a new Diem claufit, &c.. But
if he hath a Diem claufft, &c. and the Heir be found within Age, and that
the King hath Title to him, becaufe that his Anceftor held of the King at the
Time of his Death by Knight's Service, and -afterwards the Heir dieth being
in Ward to the King, and no Writ of Diem claufit extremum within the Year
after his Death &yet there a Manda*ies Jhall not be awarded after the Year of
the Death of the Ward$ but a new.Writ of Diem claufit extremum, becaufe the
Heir died in Ward tothe King; and that is by the Rule of the. Regifter.
D Or if the King's Tenant who holdeth of the King by Knight's Service in Stamf Sz.
chief dieth, the Heir may have a fpecial Commiflion direfted to certaih Per-.
fons,, to inquire what Lands, &c. his.Father htd the Day of his Death, &c.
and. that fpecial. Commiflion fhall be as-good.for the Heir as'a Writ of Diemi
daufit extremum after the Death of his Anceftor. And upon fuch Commiffion
and Inquifition taken thereupon, and found, and returned' in the:Chancery,
the Heir at full Age fhall have his Livery as well as upon a Writ of Diem
claufit .extremum fued forth, &c. But upon a general Comm ifflon to inquire of

(a) 9I foe the Indenting ap th'e Ingro. 'well, &e s 170. See the Stat. 44d. 3
fing; and Settihg of their Seals (although the c. I3.
Inquifition be taken and written on Piper) it is - (t) ACtra if the Writ abates for falfe Latis,
so Vrdifa and therefore a suparfieas then held &r. a H. 6. 5.
4D itil
570 Writ of Diem claufit extremum.
all Wards, &c. the Law is otherwife ; for the Heir upon fuch a Commimflon
and Inquifition returned fhall not have Livery.
When the Heir, who is in Ward to the King by Reafon of Lands holden
in Capite, cometh to his full A ge, then he fhall have a Writ direded to the
Efcheator, to prove his Age, before he Ihall have Livery of his Lands; and
the Writ is fuch:
The King to his beloved I. of B. his Efcheator in the County of B. greeting: E
Becaufe A. of B. who married M. the Sfter and one of the Heirs of R. deceafed,
Who held in Chief of Lord Edward lately King of England our Grandfather, fays,
that the faid M. is of full Age, and prays of us the Lands and enements which
are of the Inheritance of her the faid M. (and one Part whereof are in our Hand,
and another Part in the Cuflody of I. of H. under the Commifion of our faid
Grandfather, until the lawful Age of the faid Heir) to be rendered to him; where-
[ 254. ] fore we willing that the faid M. who was born at G. in the County of N. and was
baptized in the Church of the fame Town, as it is faid, fhall prove her Age before
you, command you, that at a certainDay and Placewhich you Jhall appointfor this
Purpofe, you take that Proof by the Oath as well of Knights as of honef# and
lawful Men of your Bailiwick, by whom that Proof may be taken, and the Truth
of the Age of her the faid M. better known and inquired of, and give Notice to
the faid I. that he may be then there to fhew, if he has, or knows any thing, to
fay for himfelf, why to the faid A. and the faid M. as to her who is of full Age
(if jhe be of full Age) we ought not to render the Lands and enements aforefaid,
and without Delay fend that Prooffo taken, to us under your Seal, and the Seals
of thofe by whom it fhall be taken, and this Writ. Witnefs, &c.
And by .that Writ it appeareth, that the Writ de Atate probanda fhall be
direded unto the Efcheator of the County where the Heir was born, and not
where the Lands of the Heir lie; but yet it feemeth reafonable that he may
fue it where the Lands lie; for it may be that he was born where the King's
Writ doth not run, or in Ireland, or beyond the Sea, as in Calais, &c.
There is another Form of Writ thus:
fPbe King, &c. Becaufe M. of P. Sn and Heir of F. deceafed, who held of ur
in Chief, fays that he is of full Age, and prays of us the Lands and fenements
which are of his Inheritance, and in our Cujtody, until the lawful Age of the
faid Heir, to be rendered to him ; wherefore we will, &c. (as before, until)
may be better known and inquired into, &c. and, &c. fend that Proof, &c. (as
before).
There is another Form when the King committeth the Ward during his
Nonage, then when he will fue an AZtate probanda, he ought to make mention
of the fame Commitment.
And if a Man be in Ward unto the King by Reafon of the Temporalties of A
a Bifhoprick in the King's Hands, when the Heir cometh of full Age he
ought for to fue forth an AEtate probanda; and the Writ Ihall mention the
whole Matter; and yet he doth not hold of the King in Capite.
And when the Heir hath proved the Age, and the Writ is. returned, then
he ought to do his Hmage to the King, or agree with the King for the Ref-
piting of the Homage, and he fhall have fuch Writ:
 Ifrit of .iem1 Cauit extremum. 57x
B ''e King to the fame Efcheator : Know you, that we have taken Homage of I.
of H. Son and Heir of B. of- H. deceafed, of all the Lands and Tenements which
the faid B. his Father held of us in Chief on .the Day when he died, and have
rendered to him thafe Lands and Tenements ;,and therefore we command you, that
baying received Security of the faid 1. for his reafonable Relief to be paid to us at
our Exchequer, you caufe him the faid I. to have full Selfin of all the Lands .and
Tenements aforefaid, and whereof the faid B. his Father was feifed in his Demefne
as of Fee in your Bailiwick on the Day when he died, and which by reafon of the
Death of the fame B. are taken into our Hand; faving the Right of every one,
and faving to Maude who was, the Wife of .B.)her reafonable Dower, falling to
her of the faid Lands and Tenements, according to the Law and Cuftom of our
Realm of England, and by us to be 4figned. Witnefs, &c.
C And the Writ aforefaid lieth, whoe the Heir was of full Age at the Time
of the Death of his Anceffor, and fueth his Livery; but if the Heir were in
Ward, and hath proved his Age, then he thall have a Writ thus.
The King, &c, Becaufe.N. of E. Son and Heir of B,. of C. deceafd, who
held in Chief of Lord Edward lately King of England our Grandfather, hath faf-
ficiently proved hisAge befofe you, as it is found by the Proof taken by, our Com-
mand and returned into our Chancery; we have taken. Homage of the faid N. of
all the Lands and tenements which the faid B. his Father held of our /aid Grand-
father in Chief on the Day when he died, and have rendred him thofe Lands and
Tenements; and therefore we command you, thatyou caufe him thefaid N. to have
fall Sei6n of all the faid Lands and Tenements, and of which the faid B. his Father
was feifed in his Demefne as of Fee in your Bailiwick on the Day' when he died
and which, after the Death of the faid B. were taken into the Hand of our faid
Grandfather, and fo taken are in our Band, faving the Right of every one, &c.
Witnefs, &c.
D (a) And if the Hufband feifed in Fee in Right of his Wife be outlawed
of Felony, for which the Lands came into the King's Hands,, and afterwards
the Haftband who is outlawed dieth ja Writ of Diem clasfit extremum thall be
awarded, which Ihall be fuAch:
. Becaufr A. is dead,. whofe Lands and.!renements which he held, of the Right
and Inheritance of N. lately his U/ife, yet living came to the Hands f,Lord
Edward lately King of England, the Fourth after the Conqueft, by reafon of ,
certain Outlawry proclaimed againfi him for a certain Felony, whereof he was
indirled, as it is faid, and were in the Hand of Lord Henry our Father, and
fo are in our Hand, &c. We command you, that by the Oath, &c. you inquire
what Lands and what Tenements by -reafon of the faid Felony came to the Hand
lf the faid late King, and yet are in our fland, atd of whom -or of w*at Perfons

(a) So one has no Entry, -alhpugh the litpte And fee accordant 43.,Pad. 287. PitiTe4L
of the King was determined, becatife the Peffef- ma. See 8 CO. 170. HaYs Cafe. Tenant in
fion of the King continues. Bre. Travers 48.8 4 Tail attainted of Trafon, and all his Right
V7 4, jI9
Cale 4. 19Mi.xH. 6. 20. 2 22 Ed.
o d 4. 3.
3. and Pags
adFgei a given to the Kin;, favipg the Right of Entyo
Cafe, EStrangors; the-ngs Eate determines after the
The Leehe for Life. is attainted, the King 1) T ihotIffe, wh
feizes, the Leffee dies, he in Reverfin was put any Entry of the Donor, &c. Dyi,. os. See
to h~iS Mu0' de DrsiA, adjudged ine 23 HP6.acaorarid:
B87ry cPneeti' S3e
g 4 D2 they
 771 Qux plura.' Melius inquirendo.
they are holden, and by what Service, and how and in what Manner, and how
much thofe Ladds and Tenements are worth by the Year in all Ifues, according to
the true Value thereof, and who or what Perfons, hath.,or have occupied thofe
Lands and Tenements from the Time of the Perpetration of the faid Felony, and
bath or have received the Ifues and Profits thereof, by what Title, and how and
in what Manner? And the Inqurfition, &c.

[255- 13 Qua plura.

Stamf.Prserog. T HE Form of the Writ of Qu&- plura is fuch: A
52. 1 The King to his Efcheator, &c. greeting : Becaufe we are given to under-
fiand that A. Deceafed, who held of us in Chief, upon the Day when he died held
more Lands and Tenements in the County aforefaid, than are fpecified in the Inqui-
fition thereof taken by our Command after the Death of the faid A. and returned
into our Chancery; We commandyou, that by the Oath of honeft, &c. you inquire
what more Lands and Tenements the jaid A. held in the [aid County on the Day
when he died, and of whom, or of what Perfons thofe more Lands and Tenements
are holden, and by what Service, and how much they are worth by the rear in all
fues, and the Inquifition, &c.
Stamf.Prxrog. The Writ of Melius inquirendo lieth, where the firft Office is found by Virtue, B
52. of a Writ of Diem clauft extremum, the which Office wanteth Certainty in di-
vers Points, as in the Tenure of divers Lands, or in the Value of any of them,
4 Ed. 4. 2& &c. then Ihall iffue forth fuch Writ of Melius inquirendo: But if the firitf Of-
*B.Oflicc 38. fice be found by the Efcheator virtute oficii fui, and not by Virtue of any
Writ or Commiflion, and the Office wanteth Certaint'y in divers T'hings, as
before; then a Melius inquirendo fha1l not iffue forth, but the Office and Fnqui-
fition returned fhall be as void, becaufe it is not found by Virtue of any Com-
miftion or Writ, but only ex officio of the Efcheator, without any Command to
him to do the fame; and therefore the fame ihall be taken as void, if it want
Certainty in any Point.

Melius inquirendo.

is. fach C
T TheForm
HE King to Writ of Melits
theEfcheator,
of the inquirendo
&c. greeting: Whereas by a certain Inqifilicn
taken before our Efcheator in the County aforefaid, by our Command, and returned
into our Chancery, it is found, that N. deceafed, held divers Lands and Tenements
-with the Appurtenances in the faid County; and who is the next Heir of the Jame
N. on the Part of his Father the 7urors of that Inquell do not know; neverthelefs
on the Part of R. Mother of the faid N. W. the Son of B. is his next Heir, and
of the Age of twe4y-one Years or more ; and becaufe in the faid Inquiition
(a) it
 Writ of Livery. 573
(a) it is'not fpecified, who is the nxt Heir of the faid N. We command you, that
by the Oath, &c. you inquire who is the next Heir of the faid N. how and in
what Manner, and the Inqui/ition, &c.
D There is another Forin of Writ of Melius inquirendo, becafe he doth not 3 H. 6. 5, 8.
fpecify. in the Inquifition what Eftate the Tenant had in the Lands; or becaife Dyer 269.
he doth not thew in the Office (b) of whom, or of who the Lands were.Ketw. 200.
holden ; or becaut's he doth not mention in the Writ the true Value, and the 14 .7. 2a
King is informed that the Lands are of greater Value than. is certified by the
Office. And note, That a Melius inquirendo Ihall be awarded upon a Surmife
made in Court4 that -the Lands are of a greater yearly Value than is declared
by the Office; and upon like Reafon upon a Surmife made, that they are
holden by other Services, or that the Tenant was feifed of other Lands or
other Eftate than is mentioned in the Office, (c) a Melius inquirendo Thall be
awarded.

Writ of Livery.
E 1 HERE is another Form of Writ of Livery, where the King's Tenant
T in Capite dieth, his Heir within Age,, and the King .feifeth the Ward,
and afterwards that Heir dieth within Age, and in WarOt to, the -King, for
which the Lands come unto his Heir who is within Age, and in Ward to the
King; now when that Heir cometh of full Age, he fhal' have a Writ of Li-
very in this Form:
The King to his beloved, &c. his Efcheator in the County of J. ,greeting: Be-
caufe I. Brother and Heir of S. Son and Heir of I. S. deceafed, who held. of us
as of the Honour of H. being,in our Hand, by the Service of rendring to the Guard
of th' Cafile of Dover ten Shillings by the Tiar, hath fufjciently proved his 4
before Roger of W. lately; our Efchester in the County aforefaid, as it ir found
by -that Proof taken by our Command, and returned into our Chancery; We ha've
taken Homage and Fealty of him the, faid I. the Brother of S. of all the Lands
and Tenements which the faid I. S. the Fatherheld of us as of the Honour afore-
faid on the Day when he died, and whkh after the Death.of the faid I. S. the
Father, and by reafon of the Minority of him the faid S. (whichfaid S. while he
was within Age and in our Cuflody died-) duly came to our Wands, and we have
rendred to him the faid I. the Brother of. S. all thofe Lands and Tenements with
the Appurtenances ; And therefore we command you, tha4 you caufe him the faid I.
the Brother of S. to have full Sei/in of all the jaid Land and Tenements with
he Appnrtenances, and: of which the faid I. S. the Father was feifed in his De-
mefne as of Fee in your Bailiwick on the. Day when he died, and which by the,

(a) So if' it be found by the Diem dea# ex- (r) See Cap. 68. The King hall noi have a
tremum, that 7. S. died feifed, and that the Lands new Melius inqirendo.after a former (returned,
defconded to 'T as Son .and Heir, and does nut &c.) And Not(. this Writ Ihall not iiffe where
thew of what Eftate he died feifed. 3 H. 6. 5. ,the fitfl Writ was (qiicient, th' qt (executed).
(Z) In fuch Cafe before the, Statute 2 Ed. 6. 7 Eliz. . 25*. . .
. 8. it Thould be taken to be held of the King
In Chief. Dyer 144. See a H. 7 . i8.
Death
 74 4Writ of Livery.
bearb of the /aid I. S. the Father, and by reafon of the Minority of him the faid S.
came to our Hands, and fo are yet in our Hands by reafon of the Minority of the
faid I. the Brother of S. faving the Right of every one.
And when an Heir thall have Livery at his full Age, and holdeth one F
Manor in Capite of the King by Knight's Service, and holdeth other Lands in
feveral Counties of others, then a Writ fhall iffue to the Efcheator of the
[ 256. ] County where he holdeth in Capite; and the Form thall be fuch: Know you
that we have taken Homage, &c. And the Writs to other Efcheators being
thus: Whereas we have taken Homage, &c.
za Ed. 1. 41. And it appeareth by the Writ before, that to hold Land (,a) to render a A
ac. Of the certain Rent for the guarding of the Caftle of Dover thall be a Tenure in
Honour of Capite, and by Knight's Service; and it may be that in ancient Time he
klead. - fhould guard the Caftie, and that now the King hath taken the Rent for the
29 H. 8. 24. fame, and yet the Taking of the Rent doth not alter the Nature of the Te-
nure. Quxre.
If two Men by Licence purchafe Lands holden of the king in Capite, and B
afterwards one of them dieth, the other thall have the Lands (b) cum exitibus
out of the King's Hands, upon the Matter found by Inqueft; but by the Re-
gifter he ought to thew the Licence in the Chancery. 39 Ed. 3. 21.
4 Eliz. Dyer And if the King's Tenant who holdeth in Socage dieth, his Heir of the Age C
213. rule ac. of fourteen Years and more, and the King feizeth the Lands, he ought for to
Plow. Corn. fue Livery of them. But it feemeth the King ought not for feize the other
109204. Lands which he holdeth of other Lords by other Services, &c. and if he do,
2o Eliz.
Dyer 362. the other Lords lhall have a Writ of Amoveas manum, which is called an Oufler
le main, una cum exitibus, &c. fo as they fhall have (c) the Iffues and Profits
thereof which were taken by the King; and the Form of the Writ is fuch:
The King to his beloved A. his EJcheator, &c. Becaufe we have received Infor-
mation by the Inqui/ition which we caufed to be made by you, that I. of T.
deceafed, held in his Deme/ne as of Fee, on the Day when he died, one Mefuage,
and one Oxgang of Land with the Appurienances in K. of us in Chief, as of the
Honour of the Abbey of M. being in our Hand, by Fealty and by the Service of
three Sbillings and nine Pence to be rendred to us yearly, and that he did not hold
any other Lands and Tenements of us in Chief as of the Crown, in your Baili-
wick, on the Day when he died; by which the Cuftody of the Lands and 9ene-
ments which were the faid I.'s on the faid Day, to us, at prefent ought to belong,
and that on the faid Day he held divers other Lands and Tenements, of divers
Lords, by divers Services; and that N. the Son of the faid I. is his next Heir,

(a) See a Tenure of the Honour of Belogn,
no Tenure in Chief, and therefore the Land was
delivered to the Lords. Rot. Clau. 2 Ed. i. M.
6. and (o of the Honour of Piwerell. Rot. Clauf
4Ed. i. M. 16. and Rot. Clauf 3 Ed. i. M.
i. See Stamf. Prerg. I 2. 29. b. .nt. 75.
Bro. Livery 59. 4 4 .f 35. i8Ed. . 22.
(b) Yet fee 18 Ed. 3. z1. If the King's Tenant
aliens with Vicence to A. for Life, Remainder to
B. in Fee, and 4d. dies: Now the King has
Cate to feize till B. has done his Services, and
therefore he fhaII not have an Oujier it maiv,
cum rxitibws, except degraia.
(c) Sedvom; Namine exiluum ate noruch
Profits for which theEfcheator has accounted and
paid into the Exchequer; nor Wards happening
and feifed, per Wi*by; norArerciaments levied;
nor an Avoidance of a Church. 18Ed. 3. 2 .
24 Ed- 3 . 29. 3 9 Ed. 3 . z1. and yet fuch I&ie
for which the Efcheator has only accounted, but
not paid, are reftored. 24 Ed. 3. 6o.
See Stmf Prarg. 3. a. Ma. Caur. ard
3. 38H.6.V. Linery 6o. 12it.
u . Gard 77.
and
 Writ of Livery. . 575
and of the Age of fvteen Tears and upwards; We have received the Fealty of him
the faid N. for the Mefuage and Lands aforefaid, and have rendred the fame unto
him ; Therefore we command you, that having received Security of the faid N. for
his reafonable Relief to be paid to us at our Exchequer, you caufe him the faid N.
to have full Seifin of the Megftage and Lands aforefaid, which by reafon of the
Death of him the faid I. you took into our Hand, faving the Right of every one;
but of other Lands and Tenements which the faid 1. held of other Lords in your
Bailiwick on the Day when he died, which likewife on that Occafjon you took into
our Hand, intermeddle yourfelf no further, faving our Right and every other Per-
fon's Right whatfoever; and the Iffues (if you have received any of the Lands and
Tenements which are fo holden of other Lords) deliver to thofe to whom they be-
long, & c.
And by this Writ it appeareth, that the Heir in Socage being of full Age Ant. L.
at the Time of the Death of his Anceftor, fhall have Livery cum exitibus; 3j H. 6. 52.
but if he were within the Age of fourteen Years at the Time of his Anceffor's 45 Ed. 3.
Death, his Prochein Amies muft fue an Oufter le main cum exitibus: But the Stamf. Pra-
other Lords fhall have an Oufter le main for the Lands holden of them by rog.13. 45 Ed. S. 194.
Knight's Service cum exitibus. 35 H. 6. 52.
D And if the King hath the Cuftody of an Idiot, and of his Lands which are Stamf. Pr:-
holden of the King in Capite, and the Idiot dieth, and his Heir be of full rog. I3,
Age; the Heir fhall have a Writ of Livery in this Form:
The King, &c. to his Efcheator, &c. Becaufe we have received Information by
the Inquidon which we caufed to be made by you, that divers Lands and Te-
nements with the Appurtenances in 0. were taken into the Hand of Lord Ed-
ward fome time King of England, our Grandfather, by reafon of the Foolihnefs
and Idiocy of W. of P. now deceafed, and fo are in our Ha;d, and that the fame
Lands and Tenements are holden of us in Chief, as of the Honour of the Abbey of
J. being in our Hand, by the Service of the eighth Part of one Knight's Fee, and
doing Suit at our Wapentake of Holdernefs from three Weeks to three Weeks, and
rendring to the Guard of our Caftle of Skipton at Midlent feventeen Pence; and
that Geoffrey the Son of William de Redmain, Couf/ of the faid W. is the
next Heir of him the faid W. and of full Age; We have received the Fealty of
him the faid Geoffrey for all the Lands and Tenements aforefaid, and have rendred
them to him, and we of our efpecial Favour have refpited the Homage of him the
faid Geoffrey until the Feaft of Eafter next coming; And therefore we command
you, that having received Security of the faid G. for his reafonable Relief to he
rendred to us at our Exchequer, you caufe him the faid G. to have full Ser/in of
all the faid Lands and Tenements being in our Hands, faving the Right of every
Perfon whatfoever. Witnefs, &c.
E And when the Heir in Ward unto the King is of full Age, he fhall have a
Writ out of the Chancery unto the Keeper, of the Privy Seal, teftifying that
he is of full Age; and thereupon he fhall have a Privy Seal unto the King's
Chamberlain to receive his Homage: And when he hath taken his Homage,
he fhall have a Writ from the Chamberlain to the Chancellor, teftifying that
he hath taken his Homage; and thereupon he fhall have a Writ of Livery.
And all this Matter appeareth at large in the 4k;idgments in the Title Livery,
which fee there.
3AM
 576 Commifflon pro IEtate probanda.
Stamf.Prwrog. And if three Coparceners be in Ward to the King, the Coparcener who
80, 84-. firA cometh of Age tball fue Livery, and thall have Partition made thereupon.
rH. 6' Apd if an Heir Female be in Ward to the King, and holdeth of other G
Livery is. Lords in Socage ; now when fhe cometh of the Age of fourteen Years the thall
not fue Livery of the Lands holden. in Socage, but The fhall tarry until her
Age of fixteen Years, if the be not married before that Age, for fhe fhall fue
Livery but once for all her Lands, &c.
L 257*.] And if the Heir of full Age fue his Livery, and omitteth any Parcel of his A
Stamf.Przrog. Inheritance, as an Advowfon, or a Reverfion, or one Acre of Land which is
so. not found by the Writ of Diem claufit extremum, and thereupon fueth his Li-
very; if it be found afterwards by another Office, that his Anceftor died feifed
of that Advowfon, Reverfion or Acre of Land, which was not found by the 16
firft Office upon which he fued his Livery before, then the King may refeize
all the Lands, &c. and the Heir fhall anfwer the King for all the Rents, Ifrues
and Profits received in the mean time by the Heir, &c.
If the King's Tenant holdeth by Knight's Service and in Capite, and alfo B
holdeth other Lands of the Archbifhop of Canterbury by Knight's Service,
and dieth feifed, his Heir within Age; the King thall have the Lands holden
of him in Ward, and the Archbiflhop thall have the other Lands holden of
Stamf.Pracrog. him in Ward: And that is by the Statute of PrrogativaRegis, c. i. And if
12. b. the King feizeth all the Lands, the Archbifhop thall have an Oufjer le main
cum exitibus.
And if the King's Tenant who holdeth in Capite and by Knight's Service, C
dieth feifed, and a Stranger doth abate, for which the Heir at full Age reco-
Stamf.Prmrog. vereth by Affife of MorEdaunceftor ; yet he ought for to fue his Livery, and
to do his Homage, and the Abator fhall anfwer the King the mean Profits
and Iffues received. And the Writ de Ltate probanda may be direaed to
certain Commiflioners to inquire of the Age of the Infant, as well as unto
the Efcheatorj and the Form of the Commiffion is fuch:

Commifion pro 1Etare probanda.

T HE King to his beloved, &c. Know ye, that we have aligned you to inquire D
by the Oath as well of Knights as of other honefi and lawful Men of the.
Venue of N. in the County of Lincoln, whether I. the Son and Heir of B. born
at N. and baptized in the Church of the fame Town, and who by reafon of his
Minority is in our Cuftody, be of full Age, as he faith, or not; And therefore
we command you, that at a certain Day and Place, which you jhall appoint for
this Purpofe, you make that Inquiftion, and fend the fame d/linfily and openly
made to us in our Chancery without Delay, and this Writ; for we have commanded
our Sherif of Lincoln, that at the Day and Place whereof you fhall give him
Notice, he caufe to come, &c. In Witnefs whereof, &c. And thereupon a Writ
fhall bc fent to the Sheriff to return an Impanel before the Commifflioners at a
certain Day by them appointed ; and the Writ fhall be fuch:
 CommIfflon pro Etate probanda. 577
The King to the Sherif, &c. We command you, that you Jummon by good Sum-
mIners twelve, aswel Knights as.ater honeft and lawful Men .of the Venue of N.
that they b before our beloved and faithful A. B. and C. and thofe whom we have
afociated unto them, at a certain Day and Place, whereof thry the faid A. B.
and C. /hall make known to you, -ready by Oath to recognize, whether F. the Son
and Heir.of D. born at N. and baptized in the Church of the faid Town, who
by reafon of his Minorily is in our Cufjody, be of full Age (as he faith) or not;
and in the mean time let lhem go to the faid-Churth and gown, and diligently.
inquire the Truth of the'iAge-of the laid F. and c'aufe their Names to be put in the
Writ ; and give Notice to E. and S. Guardians of the Land (a) of the faid
Heir, that they be then there to hear that Recognizance, to Jhew, if any thing
ought to hinder, why the faid I. ought not to have his Lands and 7ienemon1': And
have there the Names of thofe twelve, and 'this Writ. Witnefs, &c.
E And thereby it appeareth, that if the Kirig 'bath committed the Wardfhip
of the Land unto another, that theCommittee fhall be warned to be there;
but if the King hath the Lands in his own Hands, then that Claufe, And give
Notice to E. and S. the Guardians, &c. fhall be omitted out of the Writ.
F And by the Rule of the' Regifter, a Woman fhall do Homage and Fealty,
and Thall pay a Reliet when the fueth her Livery, if -he be of full Age at
the Time of the Death of her Anceftors; 'and if fhe hath -a Hufband, if they
have Iffue when' they fue Livery, then the Hufband fhall 'do the Homage and
Fealty; but if they have no Iffue, then the Hufband fhall do only Fealty (b).
G And if two Jointenants be, who hold of the King by Licence of Purchafe,
and one of them dieth, the other thall have an Oujier le main cum exitibus:
But if the Purchafe. be made withQut Licernce; then not, becaufe that the King
thall feize the Lands for the Alienation without Licence.
And if the King's Tenant hath Lands in feveral Counties, fome holden of
the King and fome of other Lords, the Writ of Livery. fhall be dire~ted unto,
the Efcheator of that County where the Land which he holdeth of the King ii
Capite lieth, and the Writ fhall' begin, Scias quod cepirius,Homagium, &c. and
he fhall have Writs'unto the Efcheators of the' other Counties; and the Writ
thall begin tlus,' Curceperiaus,&c.
4'h fu,,m~prm c

(a) So the Grantees ora Ward are made Par.
ties ; but fee 43 Ed. 3. 20. where a Sci'fa' iffued
after the Return. of the Commiflion againaf the
Grantee, to thew why he thould not have Li-
very ; and the Grantee tame aid' pleaded, that
the Valud'of the 'Marriage was not fatisfied" to
him, and prayed that he might hold the Land
till he were fatisfied, and the Heir did not deny
the, Plea, but went out of Court; and thereon
the Grantee held the Land two Years, and then
iffued a Scire facias for the Heir againft him,
to have'the Land; the Grantee pleads, that the
Land was feized into the King's Hands, for that
the Heir had not done hi- Homage, and the
Verdia found that the Ward was leafed by the
King to the Grantee, rebdring'a Rent, 'and fei-
zed for the Non-payment; and after this, not-
withitanding, the Grantee fued a Valorem Ma-
ritag' againft the Heir, and adjudged that it lay-
For feeing the Heir was- found of full Age, he
ought to have had Livery inflantly, though the
Value of the Marriage was not fatisfied without
any Scirefacias' fued againft the Grantee, and
after Livery fued, the Grantee has his ftemedy
for the Value of the Marriage, by - or'
A~tion; and therefore till Livery fued, the Pro-
fits Thall be to the King, and not fetby way of
Recompence for the Value of the Marriage. See
io H 6. 20.
(b) Note; Bro. Fealy 10 & 16. Where it is
faid, that Feme Covert thalI not do Services,
but her Hufband for her; and therefore until If'
fue had between them the Homage is fufpended.
See Litt. 18, i9.'
AE Writ
578
Writ of Livery poft mortem Patris & Matris;

W Fatherafter
whereoftheLivery
RIT the Death
and Mother of the Father and Mother, lieth
hold feverally Lands in Fee of the King
in Capite, and they die, their Heir of full Age, he may
&c. I
fue any Writ of Li-
very to have Livery of the Lands of them both, and is not bounden to fue
feveral Writs, as feverally Heir to them; and the Form of the Writ is,.
The King to -his beloved N. of W. his Efcheator in the County of S. greeting:
Know you, that we have received the Homage and Fealty of R. of B. Son and
D253. ] Heir of R. of B. Efquire, and I. his Wife deceafed, due to us for all the Lands
and Tenements which the faid R. and I. held of us in Chief the Days when they
died, and kave rendred to them thofe Lands and Tenements with the Appurtenances:
And therefore we command you, that having received Security of the faid R. fcr
his reafonable Relief to be paid to us at our Exchequer, you caftfe him the faid R..
to have full Seifin of all the Lands and Tenements aforefaid with the Appurte-
nances in your Bailiwick, and of which the faid R. and I. were feifed in their
Demefne as of Fee on the Days when they died, and which, after the Death of
the faid R. and I. were taken into our Hand; faving the Right of every one.
Witnefs, &c.

Writ of Livery after the Death of 'lnant by the Curtefr

Tenant by the-
T Curtefy, is
HERE another Form of Writ (a) after the Death of
thus:
The King to his beloved, &c. his Efcheator in the County of Lincoln, &c. Know A
you, that we have received the Homage of G. of N. Son of L of N. deceafed, for
all the Lands and Tenements which the fame I. held by the Law of England on
the Day when he died, as of the Right of N. lately his Wife, now deceafed, who
held of us in Chief, the Mother of the faid G. whofe Heir he is, due to us, and.
have rendred thofe Lands and Tenements to him; And therefore we command you,
that having received Security of the faid G. for his Relief to be paid to us at our
Exchequer, you caufe him the faid G. to have full Sein of all the Lands and Te-
nements aforefaid with the Appurtenances, which, after the Death of the faid I.
were taken into our Hand; faving the Right of every one. Wiitnefs, &c.
(b) And thereby it appeareth,. that the Tenant by the Curtefy fhalf have
the Lands after the Death of his Wife, without fuing an Oufjer le main for
thofe Lands holden of the King, but that the Heir after his Death fhall fue
lhis Livery for them, &e. becaufe that the Tenant by the Curtefy doth remain
Tenant to the King.

(a) See I2 Ed. 3. Ruare imp. Capitedekend, and The dies. belbre Livery, and
(b) A. takes B. to Wife, to whom Lars in after Ifiuc had, A fues Livery. Dyer 229,
2 And
 Writ of Livery after ihe Death, &c.*
And if a Man have Lands which are held of the King in Capile by the stamf. Pra-
Curtefy, and he hath Lands in Fee, and dieth ; his Heir:fhall fue Livery as rog. 5, 6. b.
well for the Lands whereof the Tenant was feifed in Fee, as for the Lands 67" Mtr
which he held by the Curtefy, although the Lands of which the Tenant by
the Curtefy was feifed in Fee were not holden of the King in Capile, &c. bf-
caufe that as well thofe Lands are feifed into the King's Hands, as the Lands
which he held by the Curtefy; and the Writ fhall be fuch:
The King to his beloved, &c. Efcheator in the County of York, greeting: Know.
you, that we have received the Homage and Fealty of G. the Son and Heir of W.
of S. and I. who was the Wife of the fame W. of S. deceafed, for all the Lands
and Tenements which the faid W. of S. his Father held as well by the Law of
England of the Inheritance of the faid I. fame time- hisWfe, after the Death of
her the faid I. as in his Demefne as. of Fee, on the Day when he died, and we
have rendred to him thofe Lands and Tewments ; And therefore we command you,
that having received Security of the faid G. the Son of W. for his reafonable Re-
lief to be paid to us at our Exchequer, you caufe him the faid G. the Son of W.
. f S. to have full Seifin of all the Lands and Teiements aforefaid with the Ap-
-purtenances, and which the faid W. of S. his.Father held as wel by the Law
of England after the Death of the faid I. fome time his Wife, as in his Demef~e
as of Fee, in your Bailiwick, on the Day when he,, died, and which, after the
Death of him the faid W. of S. were taken into our Hand; faving the Right of
,every one. Witnefs, &c.
And if the King's Tenant dieth, and. after his Death the Wife be endowed, 7 H. 6.,p
then after the Death of the Tenant in ,Dower, the Lands which the held in Stami. Pr
Dower Ihall be feifed into the King's Hands, and the Heir fhall fue Livery rog. 1; a,
of them; and the Writ fhall be fuch:

Tfirit of Livery after the Death of the Tenant in Dower.

B P. HE King to his beloved T. of S. his Efcheator in the County f York,
1 greeting: Know you, that we have received the Homage and-Fealty of our
beloved and faithful R. Baron of F. due to us for all the Lands -and Tene;mnts
which A. who was the Wife of R. of N. formerly the Wife of R. lately Baron cf
F. after the Death of the faid R. lately Baron of F. the firfi Hujband of her th:
jaid A. the Grandfather of him the faid R. now Baron of S. held of us in Chief
en the Day when }he died, and we have rendred to him thofe Lands and Tew
ments ; And therefore we command you, that having received Security of the jad
R. now Baron of F. for his reafonable Relief to be paid to us at our Exchec 'r,
you caufe him the faid R. now Baron of F. to have ful Sei/in of all the Lank
and Tenements aforefaid with the Appurtenances, which the faid A. held in Dower
after the Death of the faid R. her Hufband the Grandfatherof the faid .ow Ba-
ron, of the Inheritance aforefaid in your Bailiwick, on :he Day when ,he died,
and which, after the Death of her the faid A. were taken into our faving
j'4
the Right of every one. Witnefs, &c.
4E 2And
 580 Writ of Livery after the Death, &c.
Stamf. Pr:- And by that it appeareth, that Tenant in Dower who is endowed in
1Og. 13. a. Chancery, &c. of Lands holden of the King in Capite, or of the
other Lands which
are in the King's Hands by the Death of his Tenant, that the fhall hold them
of the King, and the Heir Thall have Livery of thofe Lands after her Death;
yet it feemeth that the Reverflon of thofe Lands which fhe holdeth in Dower
remaineth not in the King, but in the Heir ; and if Ihe commit Wafte, the
Heir fhall punifh the Wafte.
There is another Form of Writ of Livery after the Death of the King's C
Tenant, who holdeth Parcel in Fee, or Parcel in Tail, or for Life, thus:

Writ of Livery after the Death of Tenant in Tail and

'Tenant for Life.
TT HE King to his beloved, &c. his Efcheator in the County of Salop and the
HMarches of Wales adjacent to the fame County, greeting: Becaufe we have
received the Homage and Fealty of our beloved and faithful I. of B. Son and Heir
of I. of B. the elder, of all the Lands and Tenements with the Appurtenances
which the fame I. held of us in Chief, as well in Fee as for Term of his Life, on
the Day when he died, and which, after the Death of the faid I. the Father,
[ 259.] ought to defeend to the faid I. the Son, or otherwife remain to the fame I. the Son
and S. his Wife, and to the Heirs of their Bodies iuing, and we have rendred to
him thofe Lands and Tenements; Tberefore we comagnd you, that having received
Security of the faid I. for his reafonable Relief to be paid to us at our Exchequer,
you caufe him the faid I. the Son to have full Seifin of all the Lands and Tene-
ments aforefaid with the Appurtenances, and of which the faid I. his Fatherwas
feifed in his Demefne as of Fee-tail, the Reverfon whereof belongs to the faid I.
the Son, in your Bailiwick, on the Day when he died, and which, after the Death
of his faid Father, were taken into our Hand; faving the Right of every one.
WVtsefs, &c.
And if Tenant in Tail holdeth of the King in Capite, and dieth, the Heir
then of full Age, he thall have fuch Writ of Livery.

Writ
 581

Writ of Livery for the Heir in Tail.

A T E King, &c. Know you, that we have received the Homage and Fealty of
Aour beloved W. &c. Son and Heir of W. of B. deceafed, of all Ike Lands
and !ienements which the faid W. his Father held of us in Chief to him and his
Heirs of his Body ifuing, of the Gift and Grant of W. of S, by a Fine thereof
levied in our Court with our Licence, on the Day of his Death, and we have ren-
dred to him thofe Lands and Tenements ; And therefore .we command you, that
having received Security of the faid W. &c.
And if the King's Tenant holdeth by Petit Serjeanty, and dieth, and his
Heir be within Age of eighteen Years, then he fhall have a Writ to have Sei-
un of the Lands, thus:

Writ of Livery for Lands by Petit Serjeanty.

B HE King to his beloved, &c. his Efcheator in the County of Suffolk, greet-
T ing: Becaufe we have received Information by the Inquiftion which we
caufed to be made by you, that T. P. deceafed held of us in Chief in his Demefne
as of Fee, on the Day when he died, ten Mefuages, one hundredAcres of Land,
forty Acres of Meadow and ten Acres of Paflure, thirty Acres of Moor, andtwenty
Shillings Rent, with the Appurtenances in W. in the County aforefaid, by the Ser-
vice of twenty Shillings to be paid yearly to us at the Manor of L. for all Service,
and that he did not hold any other Lands or fenements in his Demefne as of Fee, of
us or of others in the County aforefaid, on the Day when he died, and that W.
the Son of the aforefaid T. is the next Heir of the faid T. and of the Age of
eighteen Tears and more ; We command you, that having taken Fealty of him the
faid W. according to the Form of a certain Schedule inclofed in thefe Prefents, and
having received Security from the faid W. for his reafonable Relief to be paid to
us at our Exchequer, you caufe him the faid W. to have full Sein of the Mefuage,
Land, Meadow, Moor, and Rent aforefaid, with the Appurtenances, which, by
the Death of the faid T. were taken into our Hand; faving the Right of every one.
Witnefs, &c.
And thereby it appeareth, that the Heir in Socage fhall not have Livery
cum exitibus, &c. if he pafs the Age of fourteen Years; but within the Age
of fourteen Years he fhall have Livery cum exitibus, &c. and the fame is holden
for a Difference at this Day.
C The King's Tenant bath Iffue a Son D. de B. and two Daughters, and dieth;
and the faid D. de B. bath Livery, and afterwards hath Iffue a Son H. de B. and
dieth, the faid H. being in Ward to the King for his Nonage, and afterwards
one Sifter bath Iffue a Son, and dieth, and afterwards H. dieth being in Ward
to the King, and his Aunt and the Son of the other Sifter, being of full Age,
fue to have Livery: Now they ought to have a Writ dire6ted to the Efcheator,
by which it fhall be commanded to the Efcheator to make Livery to them,
and
 2, Writ of Livery for the Aunt, &c.
and to make Partition between them of thofe Lands which are in the King's
Stamf. Prai. Hands, fo as each Coparcener thall have Part of the Lands which are holden
rog, 24. b. of the King in Capite; and the Writ fhall be fuch:

Writ of Livery for the Aunt and Niece to nake

Partition.

T ing:King
HE Know his beloved
to you, A. of
that we have his Efcheator
H.received in the County of, &c. greet-
the Homage and Fealty as well of
D. of B. the Son of A. of B. one of the Sifters of D. of B. as of T. of B. the
other of the Siers of the faid D. of B. Couin and Heir of H. of B. Son and Heir
of the faid D. of B. deceafed, who held of us in Chief, due to us for all the Lands
and Tenements which the faid D. of B. held in Chief, which by the Death of the
faid D. of B. and by reafon of the Minority of H. the Son and Heir of the faid
D. of B. (which faid H. died while he was under Age and in our Cufiody) came to
our Hands; And we have rendred to the faid D. of B. and T. the Lands and
Tenements aforefaid, and therefore we command you, that having received Security
of the faid D. of B. and T. for their reafonable Reliefs to be paid to us at our
Exchequer, and having made a legal Partition of all the Lands and 9enements
with the Appurtenances in your Bailiwick, which by the Death of the faid D. of
B. and by reafon of the Mnority of the faid H. came to our Hands, and yet re-
main in our Hand, according to the Extent thereof made, or to be again made (if
it fhall be neceffary) into two equal Parts, in the Prefence of the faid D. of B.
and T. or their Attornies in this Behalf, to be warned, if they will be prefent,
( 260. ]you coafe them the faid D. of B. and T. to have full Seifin of their Parts thereof,
according to that Partition, faling to them, according to the Law and Cuftom of
our Realm of England, faving the Right of every one: Provided always, that
both the faid D. of B. and T. have Part of the Lands and Tenements which are
holden of us in Chief and their own Purparty, and each of them be our Tenant,
with the Appurtenances, &c. Witnefs, &c.
And if a Man and his Wife hold a Manor of the-King in Capite in Tail, A
and die, and have Iffue two Sons, and the younger Son is found Heir by Vir-
Stamf. Pne- tue of a Writ of Diem claufit extremum, and of full Age, and the Kirg ma-
Iog. i8 & 52. keth Livery unto him of the Manor, and afterwards by another Office found
by Commiffion, &c. it is found that the elder Brother is Son and Heir, &c.
then upon the laft Office found, the King thall fend a Scire facias direaed to
the Sheriff, to warn hin to thew why the Manor fhall not be refeized into
the King's Hand, and he to anfwer the Profits received in the mean time.
Arid if the Sheriff ,c return the Writ ferved, and that the Party is warned,
and doth not appear. then the, King fhall refeize the Lands, and fhall makq
Livery of thia Manor unto the elder Brother; and the Writ by which the Ser-
vce al be made, thall be fuch:

(a) Writ
 (a) Writ of Livery, and to make ovoid a Livery made
before.
Tn
have 4Wtely by the &c.
his beloved,
lto found Ijuiftion
the County, .&C Whereas we Stamf.
of H ofix.S. or Efcheator in the County
his4 ftheator
aforefaid, taken by our Command, and returnediinto our Chancery, that I. the Son
.

of H-. B. deceafed, and- T. his Wife (who furvived the faid I. fome time her Huf-
band, likewife deceafed) on the Days when they died held in Fee-tail to them and
the Heirs of their Bodies ioing, the Manor of I. with the Appurtenances in the
faid County, of us in Chief by Knight's Service, and that T. the Son of the faid
I. and T. then was the next Heir of the fame I. and T. and of full Age, .we took
the Homage and Fealty of him the faid T. due to us for the Manor aforefaid, and
rendred to him that Manor with the Appurtenances, and comnanded it to be deli-
vered to hm, as by the Infpertion of the Rolls of our Chancery fully appears; and
qftfrwards H. B. the Son and 1eir of the faid I. and T. befeeching us, that
phereas by a certain other Inquif/tion pofterior, taxen by our Command, by the fai4
Afcheator, and returned into our Chancery, it is found that the fid,1. ,and,T. o#
the Days when they died held in Fee-tail to them and their Heirs of their Bogieq
sping, the faid Masor with the AppurtenatuIes of us in Chief by Knight's Service,
in AFrts afore4d.. and.the f4id I.. the sot .ofhefaid I. and T. of ,the of
forty-fix Tears, is (the elder Brother of him the faid T. and) next Heir of thegA
the faid I. and T. without this, that -the faid-T. is the next HIer tothe faiqf I.
gnd T. as is fuppofed by the faidfirf Inqu ition, we old- efure the fame Ma-
nor with the Appure'nances into or Hands, nd otual it t9 be delivered to hi
the faid H. as the elder Brother of t~e faid T. ond nearerHeir of the Jid I. and
T. And we, willing to be done in hisBehalf that which is juftby our Jrit
commanded our Sheriff of our County aforefqid, that h. /hould give Notice to the
faid T. that he/fhould be before o in our Chancery in eight Days, of Saint Hil1gy
then next, wherefoever it fhould he, to hew ifhehad .or knew ayV thirug to fay for
himfef, why the faid Manor with t ke, Appurtenances, together with the Ifuqe.r
thereof by -binj receinwd,' ought not to, e refermed ipto oor Hand,. ayd jkefamei
Manor delivered to the jaid H. as the elder Brother of the Aid T. 4&n an4
nearer Heir of thetm the faid L and T. and why he jhould not anfwer to us for the
faid Ifues fo received by him the faid T. and further to do and receive what our
Court ihould confider in this Behalf; and the faid Sheriff retigned to, us, that he
gave Notice to ,the faidT. that hejhould be before us in our Chancery at ibsjai4
Day, wherefoever it /hould then be, to f/ew that which our faid rit required;
at which Day the faid T. being folemnly called it; the Chncery aforefaid, did not
appear; wherefore it was confijdered, that the fiid Manor with the App tenan-
ces, together with the JIfues thereof received fly .the faid T. hsubdlbee refumed4ints
our Hand4 and he Ihould an/wer to us for the fame Iuies, :and the faid Mantor

(a And Note; For Rd4ocation of a Livery of fall Age, when he was under Age. Rot. ParZ
maeon a falfe Impiwion, aSn~die Alei~r 4z Ed. z. .a. s. the Cafe of IKe.. de Septran.
' hould
584 Writ of Livery and Partition, &c.
jhould be delivered to the faid S. We have received the Homage and Fealty of
the faid H. due to us for the Manor aforefaid with the Appurtenances, and have
rendred to him that Manor with the Appurtenances; We- command you, that ha-
ving refumed into our Hand the faid Manor 'with the Appurtenances in your Baili-
wick, together with the Ifues aforefaid, and having received Security of the faid
H. for his reafonable Relief, to be paid to us at our Exchequer, you caufe him the
faid H. without Delay to have full Serin of the Manor aforefaid with the Appur-
tenances ; faving the Right of eveiy one, and faving to us the Ijues of the Manor
aforefaid from the Time of the Death of the faid T. fo received. Witnefs, &c.

Writ of Livery and Partition which Jall zjfue out of the Chancery
unto the Efrheator upon Partition there made.

Efcheator to delivi Seifin of B

T HE
Lands untowhich
Writ thall, be dire&ed
one Coparcener, to thewhere
or divers, any of them are within
Age and in Ward, is made in feveral Manners: One Manner of Writ is,
when one Coparcener is of full Age, and the other Coparcener is within Age;
and in the Cuftody of P. to whom the King hath committed the Wardfhip;
theri by the Affent of the King's Committee the Partition may be made in the
Chancery during the Nonage of the Heir in Ward; and then the Writ di-
reaed to the Efcheator fhall be fuch:
I261.] The King to his beloved I. of W. his Efcheator in the Counties of Somerfet and
Dorfer, greeting: Know you, that by the Affent of P. &c. Guardians of T. of
M. the Daughter of A. -one of the Stylers of T. of B. deceafed, who held of us in
Chief, being within Age and in our Cuftody, Coufn and one of the Heirs to whom
one Purparty, and of C. the Sifier and other Heir of the faid T. of B. being of
full Age, to whom the other Purparty, as well of the, Lands and Tenements which
were Margery's, who was the Wife of T. of B. the elder, likewife deceafed, Ield
in Dower or otherwife fr the Tori of her Life;, of the Inheritance of -the faid T.
of M. and C. on' the Day: which ft died, belong ; We have afigned to the faid C.
the Manors, Lands a)id-ienewments underwritten, viz. The Manor of, &c. to have
it for the Purparty of her the faid C. falling to her of all the Manors, Lands and
Tenements aforefaid, accoiding to the Law and'Cufom of our Realm, and we have
rendred to her the faid C. (whofe- Homage and Fealty we have received) her Pur-
purty'aforefaid; And therefore we cominandyou, that having taken Security of the
faid C. for her reafonable Relief to be paid to us at our Exchequer, you deliver to
the faid C. the faid Manor, &c. with the Appurtenances in your Bailiwick, to
have for her Purparty aforefaid; faving the Right of every one, &c.
If the King's Tenant hath Iffue R. N. his Son, and Alice his Daughter, and A
dieth, and afterwards R. N. hath Iffue a Son F. and two Daughters E. and C.
afterwards R.N. dieth feifed, F* being within Age, and afterwards F. dieth
feifed in Ward to the King within Age; and after his Death it is found by vir-
Lue of an Office by Writ, that E., and C.. are his Siffers and next Heirs, and, of
full Age; and afterwards by another Office it is found by Commiffion, &c. that
M'4.
 Partition and Livery after the Death, &c. 58,
M. Son of the faid Alice, one of the $iffers of the faid R. N. and 7. another
Sifter of the faid R. N. Father of the faid F. was Coufin and next Heir to the
faid F. and of full Age; upon which the Sifters of the faid F. came into the
Chancery, and had a Scire facias againft the faid M. Son of the faid Alice,
and the faid J. &c. to fhew wherefore they fhould not have Livery of the
Lands as Heirs, &c. And that Writ of Scire facias was made returnable the
Monday, which was the fecond Week of Lent; by which it appeareth, that the
Writs which thall be fued in Chancery, may be returned there in the Vaca-
tion Time, out of Term; and upon the Return of that Scire facias, the faid,
M. came and granted that he was not Heir, &c. whereupon the two Daugh-
ters E. and C. had Writ of Livery dire~ted to the Efcheator, reciting all the
Matter, and reciting in the Writ, that the King had refpited their Homage
until a certain Day, commanding the Efcheator that he make Partition betwixt
them, and that he flign to each of them a Part of the Land which is holden
of the King in Capite; which Writ fhall be returned and inrolled in the Chan-
cery ; the which Writ is in the Regifter, fol* 316.

Partition and Livery after the Death of Tenant by the

Curtefy.
B IF it be found by Office by Virtue of a Writ, that B. held the Manor of B.
iby the Curtefy of England, in the, Right of E. who was his Wife, which
Manor is holden of P. by Knight's Service; and it be farther found by the
faid Office, that B. is dead,. and M. and A. are his next Coulins and Heirs,
and one of them is within Age; and the, other, of full Age: Then he who is
of full Age, fhall have a Writ of Livery to tht Efcheator, that he take Secu-
rity for the Payment of hisRelief, and that he make Partition betwixt the
two Heirs,, viz. M. and 4. in the Prefence of him who is of full Age, and in
the Prefence of the Prochein amies of, him who is 'within Age, and that he de-
liver Seifin of his Part -to him who is of full Age, and that he retain in the
King's Hand the, Part of the other Sifter. Which Writ fhall be returned and,
inrolled is the Chancery, and chat Writ appeareth in the Regifter, fol. 3x17.
And the like Writ is in the Regifter, where the Ki'ng's Tenant dieth, one
-of his Daughters within Age, and the odxer of full Age, in the fame Folio 3 1

4P (a) Partition
 (a) Partition and Livery for Lands in Socage.
IF A Man holdeth Lands of G. in Socage, as of his Manor of B. which G. C
and the Manor is in the Ward of the King for the Nonage of G. and alfo
he holdeth other Lands of other Lords by other Services, and dieth, and hath
Ant. 2s6. D. Iffue two Daughters, whereof one is within Age, and the other of full Age;
they fhall have Livery out of the King's Hands, fc. the Prochein amies of the
Heir within Age fhall have Livery cun exitibus, and the other Daughter fball
have Livery fine exitibus, and a fpecial Writ fhall he dire&ed unto the Efchea-
tor in that Cafe, reciting the whole Matter, and how that the King hath taken
Fealty of her who is of full Age, and delivered to her her Part, commanding
the Efcheator by the Writ, that he take Security of her of full Age for her
Relief, and that he make Partition between the Daughters of the Socage
Land ; and that he deliver the Part of the younger unto her Prochein amies,
with the Iffues and Profits of that Part from the Death of the Anceftor; and
that he intermeddle not with the Lands holden of the other Lords ; which fee
id the Regifter, foL 318.
( 262. 3 If the King's Tenant bath Iffue three Daughters, and he giveth Part of his A
Stam. Pr. 53. Lands unto one of his Daughters in Frank-marriage, and one of the other
two Daughters hath Iffue within Age and dieth, and afterwards the Tenant in
Frank-marriage dieth, his Heir of full Age, and then- the King's Tenant
dieth, and then by Office virlute Brevis it is found, that the Daughter of the
King's Tenant, and the Iffue of the two Daughters are Heirs to the King's
Tenant, and that the Iffue of one of the Daughters is within Age; and, after-
wards by another Office it is found, that the King's Tenant igave Part of his
Lands to one of his Daughters in Frank-marriage, for which upon that Office,
found, the other Daughter, and the Iffue of the fecond Daughter, who is
within Age, have a Scirefacias againft the Iffue of the Daughter who was ad-
vanced in Frank-marriage, to fhew at a certain Day in theChancery wherefore
the Lands, of which the King's Tenant died feifed, &c, thould not be deli-
vered to them as Heirs only unto the King's Tenant; ahd if the Iffie of her
who was advanced in Frank-marriige, being skAned by the Scire facias, and
fo returned warned by the Sheriff, maketh Default, or cannot thew Matter
fufficient to maintain her Title ; then thereupon a Writ of Livery flhall be
awarded to the Efcheator, rehearfing how that the King bath taken Homage
and Fealty of the eldeft Daughter, and that he bath rendred to her her Part,
commanding the Efcheator, that he take Security of the eldeft Sifter to pay
her Relief into the Exchequer, and that he make Partition in two equal Parts
in the Prefence of the Parties, if they will come, and that he deliver Seifin to
the Sifter of full Age of her Part, and that he retain the other Part in the
King's Hands for the Nonage of the Daughter of the other Sifter. See the
Writ thereof in the Regifter, foL. 320.

(a) See a Partition repealed by Award- of the See 4z 4f az. The Cafe of the Earl of
King's Council on Examination of the Efchea- PsabroA.
tor, without making the Parcenors Parties. 27
R. 3. 83. I
 .Partition and Ligvry fier fad in (qcale. 587
B If A. holdeth a'Parcel of Lands in Socage -of ,B.,whichR. is in Ward to the
King, and alfo the faid 4. holdeth another Parcel of Lands of C. in Socagg,
who is alfo in Ward to the King for Nonage, and alfo the faid B. holdeth
other Lands of feveral other Lords by other Services, and afterwards the faid
. hathIffue feven Daughters, and afterwards one of the Daughters hath IffiTe
within Age and dieth, and then A. dieth, and all that Matter be found by
Office, then upon that Office returned, they fhall have a Writ to the Efchea-
tor, commanding him that he take Fealty of the fix Daughters for their
Iarts, and for their Reliefs to be. paid in the Exchequer, and that he make
Partition of all the Lands into feven Parts in the Prefence of the Parties, if
they will be there, and that he deliver full Seifin to -the fix Sitters of their
Parts, and that he keep in the King's Hands the Fart of her who is within
Age, untilthe King otherwife command him; and that he deliver the Lands
and Tenements which are holden of the other Lords, which are affigned for
the Part of her. within Age, unto the Prpcbein a4mie of the Infant to whom the
Inheritance cannot defcend, and that he deliver the Iffue and Profits of the
Lands holden of other Lords, than of thofe Lords who are in the Ciuftody of
the King, to thofe Who of Right ought to have them. And after that this
Writ is.yrarded to the Efchpator, if the Efcleator be removed after that he
bath made the Partition according to the Writ, and before theReturn of the
Writ, then the Sifters may fue forth a new Writ to the new Efcheator, reci-
ing the whole Matter,, and how the Efcheator was removed before hei had ex-
qcuted the Commapd unto him, pommanding the new Efcheator, that if the
Partition 1be not made, that he do all fuch Things as the other Itfcheator ought
to have done, and retain in the King's Hands, &dc.
C And then if the new Efcheator, upon that new Writ, return unto the King
in Chancery, that, by Virtue -of the faid Writ.he bath made Partition of feven
Parts, of thofe Lands, and that he hath retained in the King's Hands, the
Part of her who is within Age, and that he bath delivered unto three of the
Sifters their Parts, and that the other three Sifters did not come to take, their
Parts, fo that they remain in the King's Hands; upon fuch Return the faid
three Sifters may come into the Chancery, and, pray to have a Writ unto the
Efcheator, with the Tranfcript of the Partition to be inclofed therein, com-
manding him to take Security of them for their Reliefs, &c. and that he de-
liver to them their Parts appertaining unto them, according to the Partition
made, retaining in the King's Hand§ the Part of her. who is within Age, until
be command to the contrary, and that he return the Writ, and what he bath
done upon the fame, under his Seal, fully and 'openly without Delay. See
the Writ thereof in the Regifter, fol. 319-
And it appeareth by the Regifter, that if the King's Tenant bath Iffue two
Daughters, and one be within Age, and the other of full Age, and dieth,
that the who is of full Age may fue unto the King to have the Cuftody of her
Sifter's Part during her Nonage, and to fue Livery of the other Moiety:
And thereupon the fhall have a fpecial Writ unto the Efcheator, rehearfing
how the King hath taken her Homage, and hath affigned unto her the
Moiety of the Lands, &c. which appertained unto her for her Part, and that
he hath committed the Cuftody of the other Part unto her, during the Non-
age of the Heir the other Coparcener, commanding the Efcheator by the
4 F 2 Writ,
588 Partition and Livery for Lands in Socage.
Writ, that he take Security of her to pay Jer Relief into the Exchequer,. and
that he deliver Seifin of the Moiety unto the Heir of full Age, until the full
Age of the other Coparcener within Age, with the Iffues and Profits of the
other Moiety from the Death of the Anceftor. And thereby it appeareth,
1263. ] that when the other Coparcener within Age cometh of full Age, they both thall
fue forth a new Livery jointly. See the Regifter, fol. 320.
And it appeareth by the Regifter, that if a Man hath Lands in London in A
Fee, and hath Iffue two Daughters, and leafeth the Lands for Life, and dieth,
and afterwards the Tenant for Life dieth, the Daughters of full Age, and all
the fame be found by Office; the two Daughters iall fue forth a Writ of Li-
very for thofe Lands, becaufe they are holden of the King in Burgage, and
the Writ fhall be dire~Ied to the Efcheator, commanding him to make Parti,
tion of thofe Lands betwixt the Daughters. And if one Daughter be indebted
to the King, then by the fame Writ he fhall command the Efcheator, that he
retain the Part of her who is indebted in the King's Hands, until he bath
other Command, and that he deliver the other Part unto the other Daughter:
Reciting the fame Writ, that he bath taken Homage and Fealty of the other
Daughter: And moreover, by the fame Writ the Efcheator fhall be demanded,
that he take Security of the other Daughter for the Relief of that Coparcener,
if any be due, &c. and that he return the whole Matter into the Chancery
under his Seal, &c.
And if the King's Tenant who holdeth of him in Capite in Fee dieth, and .
hath Iffue three Daughters, his Heirs of full Age, and another Woman who
holdeth in Dower other Lands for Term of her Life of the Allignment of her
Hufband, which Lands are alfo holden of the King in Capite, dieth,. and the
Reverfion of thofe Lands are the Inheritance of the faid Daughters; they fhall
have one Writ of Livery unto the Efcheator for all thofe Lands, reciting the
whole Matter, and how that he hath taken their Homage and Fealty, or that
he bath refpited the fame till a certain Day, &c. and that he render to them
their Parts, commanding the Efcheator, that he take Security of them for to
pay their Reliefs, &c. and that he make equal Partition between them in their
Prefence, if they will appear, and that he give full Seifin to each of them of
their Parts ; with fuch a Proviflion, that each of them fhall have Part of that
Rent which is fo holden of the King in Capite for her Part; fo that each of
them be Tenant to the King, &c. And it appeareth by that Writ, that- a
Rent may be holden of the King by Knight'b. Service in Capite, as well as
Lands. See the Regifter, fol. 318.

Writ
 589

Writ de Dote affignanda.

C **THE Writ de Dote afignanda lieth where it is found by Office,, that the Ant. 274.-
I King's Tenant was feifed of Tenements in Fee or in- Fee-tail the Day
he died, &c. and held of the, King in Capite; then the Wife may and ought
to come into the Chancery, and there make Oath that the will not marry
without the King's Licence: And thereupon the King, may affign her Dower
in the Chancery of thofe Manors and Lands, (a) and thereupon the fhall have
a Writ unto the Efcheator where the Lands are, which thall be fuch:
The King to his .Efcheator in the County of B. greeting: Know you, that of
the Lands and Tenements which were N.'s deceafed, who held of us in Chief, and
which, by reafon of the Death of him the faid N. are taken into our Hand, we
have afigned to I. who was the Wafe of the fiaid N. the third Partof the Manors
of T. and C. in the County of T. with the Appurtenances, and alfo a third Part
of the Purparty which dras his the faid N.'s of the COurt of the Liberty of the
Honour of Winchefter, and the View of Frank-pledge in the faid County of T.
to have for her Dower falling to her bf the Manors and Purparty aforefaid, ac-
cording to the Law and Cuftom of our Realm of England ;. and aijo by the Afent
of Edward Prince of Wales, our moft dear Son, to whom the Cufody of the
L Manor of R. in the County of Buckingham, which to fifty Pounds by. the Tear,
and the-Manor of N. with the Appurtenances in the faid County of B. which to
ten Pounds by the rear extend, as is found by the Extents thereof made by our
Command, returned into our Chancery , we have afigned to the aforefaid I. the
faid Manor of N. with the Appurtenances, for her Dower,of the faid Maors of
R. and N. to have in Form aforefaid; and therefore we command you, that you
deliver to her the faid I. the faid Manor of N. with the Appurtenances, to have
for her Dower, as before is faid. Witnefs, &c.t
]D And when the Wife hath made her Oath in the Chancery, the may have a
Writ of Dote afignanda to the Efcheator,, to affign her Dower; and the Writ
lhall recite-, that the hath made her Oath in the Chancery, &c. But the Ufe
is to make the Affignment of the Dower in the Chancery, and to award a Wric
unto the- Efcheator, to deliver the Lands afligned unto her; and although the
(b) King doth. commit the Cuftody of the Land unto another,. yet the King;
may affign Dower unto the Wife in Chancery, and the fhalt have a Writ unto
the Efdheator to deliver unto: her that Dower, as appeareth by the Regifter.
And the: Writ fhall be fuch:.
The Gng to his Efcheator, &c. greeting: Whereas amongft other Lands and'
Tenements by us affigned to I.. who was,the Wife of N.. deceafed, (who held of us

(a) See Rot. Fiim, i Ed. I M. 2. a Con- Lgem ft woxfeedism fibi-frerit afgewi. Er
snand to the- Efcheator to feize all the Lands Rot. Clauf. ZEd. i. M. -5.accordant.
whereof A. was feifedi at etiam gued Margeria (b) See Kelway 33. it feems the Committee-
gue fait axor praa'A. (zo Mere do Terra) de cannot affign Dower a jare tamen,. if it be notz
Terris f&Tsenxti prediais afgiari f4ciat do- good until the Heir fucs his Livery.
n Rationabilim Ditem ipfam coatingeitfeemdam.
2, SP3
590 Writ de Dote affignanda.
in Chief) of the Lands and fenements which were the faid N.'s for Dower, we
have afigned to her the faid I. Part of the Manor of Grouby with the Appurte-
nances in the County aforefaid, and a/Jo a third Part of the Purparty which was
his the /aid N.'s of the Court of the Liberty of the Honour of W. and the Vice of
Frank-pledge in the fame County, to have for Dower in Form afore/aid: We con-
mand you, that you caufe to be aligned and delivered to her the faid I. (whofe
Oath we have received that fhe will not marry without our Licence) the /aid third
Partsin your Bailiwick, in the Prefence of the Guardian of the faid Manor and
third Part, to be warned by you, if he or his Attorney will be prefent in this Be-
half, to have in Dower as before is faid; and when that Afignment, &c. WJit-
nefs, &c. And if the Wife after the-Death of the Hufband doth come into
Chancery, and prayeth her Dower there ; the King may grant a Writ unto
[ 264. ] the Efcheator, commanding him to take Security of the Wife, that the do
not marry herfelf, and that the Efcheator do affign Dower unto her. -And
the Writ fhall be fuch:
The King to his Efcheator, &c. We command you, that having taken the Oath
of M. (who was the Wife of W. deceafed, who held of us in Chief) that fhe
will not marry her/elf without our Licence, you caufe to be aligned to her reafonable
Dower of all the Lands and Tenements which the faid W. fome time her Hujband,
held in his Deme/ne as of Fee, in your Bailiwick, en the Day when he died, and
which after the Death of the faid W. were taken into our Haud, and in our
Hand Jo remain, according to the Law and Cu.fom of cur Realm of England
falling to her, by the Extent thereof made, or by other, if it ihall be necefary
again to be made, in the Prefence of B. to be warned thereof by you, if he will
be prefent ; and when you )hall have fo made that A/fignment, fend it under your
Seal difiinily and openb, that we may eaufe it to be inrolled in the Rolls of our
Chancery, as the Cuftam is. Witnefs, &c.
And if a Man dieth feifed of Lands which are holden by Knight's Service, A
of any Manor, or otherwife, as in any Abbey, Bifhoprick or Priory, or fuch
as are in the King's Hands by Reafon of the Vacancy of the Abbey or Bifh-
oprick, &c. then if the Wife will have Dower, the ought to fue in the Chan-
cery to have fuch Writ dire6ted unto the Efcheator, to affign her Dower ;
but there the Wife thall not make Oath, that the fhall not marry without
the King's Licence, as appeareth by the Writ which is fuch:
The King, &c. We command you, that, &c. to A. who was the Wife of B.
deceafed, who held (of the Abbey of Peterborough lately void, and being in our
Hand) by Knight's Service, her reafonable Dower of all the Lands and Tenements,
&c. which the faid B. her Hujband held of the Abbey oforefaid, in your Bailiwick,
on the Day when he died, and which, after the Death of him the faid B. are in
our Hand, &c. (as above.)
Ad the like Writ may be fued by the Wife for Lands, which. her Hufband B
held by Knight's Service of the Manor of him, who is in the Ward to the
King by Reafon of his Nonage; but there the fhall not make Oath, that tle
will not marry herfelf, no more than in the Cafe before.
And the King may affign Lands in Dower in the Chancery, rendring Rent
yearly to the King, &c. becaufe the Lands do exceed the very Value of the
third Part of all the Tenements whereof the ought to have Dower. And then
upon
 frit.de Dote aflignanda. 591
upon that Aflignment made in Chancery the Ihall have and fue flich Writ to
the Efcheator.
The King to his Eftheatr; &c. Know you, That of the Lands and Tenements
which were E.'s of B. deceafed, who held of us in Chief; and which by Reafon of
the Death of the faid E. are taken into our Hand, we have afigned to M. who
was the Wife of the faid E. the Manors underwritten, to wit, the Manors of B.
and C. &c. with the Appuotenances in your County, which are extended to one
hundred Pounds by the Year, to have for Dower falling to her of the Lands and
Tenements aforefaid, according to the Law and Cullom of our Realm of England,
rendring thereof to us yearly at our Exchequer, fo much as it exceeds the Dower
abovefaid.; and therefore we command you, that you deliver to her the faid M.,
the faid Manors with the Appurtenances, to havd to her for her Dower in
Form aforefaid. Winefs, &c.
C And if the Wife be impotent, fo as the cannot come into the Chancery to
make Oath, and to demand her Dower, then fhe may fue a fpecial Writ di-
reited to ccrtain Perfons to take her Oath, and to receive Attorney for the
Wife to flie for her Dower in the Chancery, &c. and the Writ appeareth in
the Regifter. fol. 298.
D And if the King make Livery unto the Heir at his full Age, faving unto
the Wife her Dower to be affignedby the King , then if the Wife will demand
Dower, the ought for to fue for the fame ii the Chancery; and if fhe do de-
mand her Dower there, then fhall iffue a fpecial Writ unto the Efcheator, thar
he warn the Heir for to be in Chancery at a certain Day, &c. and there the
Wife fhall have the fame Day to-receive her Dower, &c. And the Writ, which
fhall ifilue againft the Heir tball be fuch:
The King to his fcheator, &c. Whdreas Lord Edward:IatelyKing-of England
our Father, on te' twentieth Diy of January lI pafed, ieceived the Homage of
T. of B. the Se* and Heir of T. of B. deceafed,: fir all the Lands and Tenements.
taihich the fame T. his Father held on -the Day when he died,. of our faid Father,,
&c. and-be rendred thofe Lands and Tenements;. and commanded them to be deli.
vered to him, faving the Right of every one, andfaving to M. who was the W7fe
of the faid T. her reafonable Dor*& falling to Wer of the Lands and Tenements
aforefaid, accordingto the Law and Cuftom of our Ralm of England, and to be
afigned to her as the CuoiAs, as'et!ardto us by the Infpelion of the Rolls of
the Chancery of our fald Father ; andthe faid M. hath befought. us, that we
would caufe to be aligned to her, her Dower falling to her of the Lands and Te-
nements aforefaid, according to the Law and C*fom of our Realmn of England .
wherefor' we gave bay5;to the faid M. that/hle -be in our Chancery on the Mor-
row of All Souls, &c. wherefoever, &c.. to receive her Dower afomefaid: We
command you that you give Notice to the faid T. that at the faid Day he may
be prefent at the Afignment of the Dower aforefaid, if it Jhall feem to him ex-
Pedint ; and have there the Names, &c. and this Writ. Witnefs" &c.
But if the King maketh Livdry -into the IHeir by his Writ direled to the-
Efcheitor,. by which Writ he commipAndeth his Efeheator to deliver unto him
Sefin of all his Lands, &c. Javing the Right of every one;, and he putteth not
in the Writ thefe Words, faving to M. who was the.-Wfe, 8&c. her refeafa k C 265.]
Dower, falling to her of the Lands and Tenements,, &c. and by us to be afigned:
Thev
 59Z Writ de Dote affignanda.
Then in that Cafe the Wife ought to fue her Writ of Dowry againift the Heir,
if the will demand Dower of thofe Lands, becaufe the King made Livery
generally of Lands by his Writ, without any Refervation of Dower to be af-
figned by him, &c.
And if the King make a Refervation of Dower to be affigned by him by his A
Writ of Livery which is direfted to the Efcheator, if the Wife never demand
Dower, or if ihe hath Dower affligned unto her by the King in Chancery,; yet
after the Aflignment made by the King, the Reverfion thereof is in the Heir,
and he thall not fue Livery of that Reverfion after the Death of the Tenant
in Dower, becaufe the Writ of Livery doth not referve any Thing to the King,
but Aflignment of Dower to the Wife; but the Writ doth command the El-
cheator to deliver Seifin of all the Land, and that the Efcheator doth, and by
that the Livery of all the Land paffeth from the King; and therefore it fol-
loweth, that when the Wife is afigned her Dower by the King in Chancery,
that yet the Reverfion doth remain in the Heir, &c. for which he fhall not
fue a new Livery of that Reverfion after the Death of the Tenant in Dower,
&c. 9amen quere of that Cafe.
If the Land (a) And it the Wife be affigned Dower in the Chancery, and afterward it is B
a fige tte furmifed by the Heir, or by another for the King, that the Land affigned to
ed, fhefla'I the Wife is not extended to the very Value, but that the Land affigned to her
have a Scire is much more in Value than it is extended at, and that the Lands which re-
facias to re- main in the King's Hands are extended to the very Value, &c. then the King
feizethe Land, tball fend a Writ to the Efcheator to make a new Extent: And upon that
and fhall be Writ returned, if it be found that the Land afligned to the Wife is of greater
mew endowed.
43 Afr 3z. Br. Value, &c. then upon Return thereof a Scire facias thall be awarded againft
Dower 65. the Wife, to thew Caufe wherefore the tball not be anew endowed, &c. and
if the be warned, and maketh Default, it feemeth the (hall be new endowed
for her Default-, or if the appear, and cannot fay any Thing contrary to that
new Extent, the fball be endowed anew, fo as Part of the Land affigned to
her, fhall be taken from her at the King's Pleafure , or (b) the King may
make a new Affignment of all that the had in Dower, if he pleafeth, and a
new Writ thall be to the Sheriff to deliver her Seifin thereof fo newly affigned
to her: Quere the Ufe of this Point.
Ant. 274. And if the Wife -make Oath, that the will not marry herfelf without the C
King's Licence, and is endowed upon the fame, &c. and afterwards the mar-
rieth without Licence, &c. then the King thall fend a Writ to the Efcheator,
that he refeize all the Lands which the holdeth in Dower, as appeareth by
the Regifter, and not all the other Lands which the or. her Hufband had in
their own Right; and the Writ is fuch:

(a) So if the Wife's Dower be eviaed by a (A) See afe that if Dower be affigned to the
Title Paramount cn the Record carried into Wife within Age in Chancery, and afterward
Chancery, whereby the was eviaed, fte may Livery is made to the Heir, the may have a
have a Scire facias to refeize the Land, and to Writ of Dower of the Refidue. iS Ed. 3. 29.
be newly endowed of the Refidue tho'it be after
Livery made to the Heir. 4341 32.

!the

4
 T~rit de Levari facias. $93
Vihe Kh'g to his E1,ieator,&c. IWh7ereas A. who was the Wrife of . of B. de
ceafed, who held o/ us in Chitf, who lately made a corporal Oath that jfe would
not marry herfelfwithout our 1icence, hath already married herjif to W. of P. not
having obtained our Licence for tb!s Purpofe, as we have received Ifore:ion a
We being unwilling that fuch Conrempt jhould pafs unpurnq7ed, and alf wi!iing to
fee that we Jifufer no Damage in this Behalf, comrmand ycu, that if it is fo, :/c;
w'ithout Delay take into our H1and all the Lands and Tenements which the f'id W.
and A. hold for the Dower of her the faid A. of the Inheritance of the faid I. in
your Bailiwick, fo thatyou may anfiecr to us for the Ifues forth coming thereof at
cur Exchequer, until we hall be fatisfied for the Forfeiture to us thcreof belon&ing,
cr wefhall be moved to give you other Matter in Charge thereupon itnet , &c.

Writ de Levari facias.

D 'HE Writ of Levari facias is a Writ which fhall iffue out of the Record,
D and fhall iffue fometimes out of the Chancery, and fometimes out of
other Courts where the Record is. As if a Man be bounden in a Recogni-
fance in the Chancery in twenty Pounds, to be paid at the Feaft -of Saint Mi-
chael next following, then if he do not pay the Money at the Day, a Levari
facias fhall be direfted to the Sheriff, that he levy the Sum on his Goods and
Chattels; and the Form of the Writ is fuch:
E The King to the Sheref, &c. Becaufe I. the Son of B. ought to have paid to M.
of B. twenty Pounds on the Feaft of Saint Michael in the Tear of our
Reign, &c. as (a) appears to us by the Infpeilion of the Rolls of our Chancery,
and hath not yet paid the fame to him, as he fays ; We command you, that with-
out Delay you caufe the faid Money to be levied of the Lands and Chattels of him
the faid I. in your Bailiwick, fo that you may have the fame in our Chancery on
the Morrow of the Nativity of-Saint John the Baptifi next coming, wherefoever
it ]hall then be, to be there delivered to the faid M. and this you may by no means
omit:' And have there this IWrit, &c.
F And he may have an Alias and a Pluries, Vel caufam nobisfgnifices, direted
to the Sheriff; and if he will not return the Writ, he lhall have an Attach-
ment againft the Sheriff. And this Writ is girien by the Common Law be-
fore the Statute of (b) Wef. 2. which gave the Writ of Elegit. But this Writ

(a) If the Record be fent coram Rege, and
there is a Writ of Scire facias to execute it, the
Writ thall be, Sicut conflat nobis per Record' quod
in Cancellariaora enire fems. 17 Ed. 3
Brief 8!4.
(b) See accordant per Trm . 8 Ed. 8- 44. but
adjudged contr. 'viz. That if the Year be paffed
after the Date of the Recognifance, though it be
within the Year of the Dayfor Payment, he is
put to Forhper Shtn. the Words
Of the Stat. 1J"0. 2. Si recen 12t R.0
relate to the Day of making the Recognifarcc,
and not to the Day of Payment; yet fee 8 Co.
conir. ide qure. 21 Ed 3. Z. but arly
if the Day of Payment be limited by Defeafance
to be ten Years after, there after the ten Years
he mua fue a Scirefacias. (Note; The Deh,
fance is out qf the Recod) Fide in
And Note 16 Ed. 3. SirfAcias 41.
elt orefaciat.
4. G 01ught
 594 74rit de Levari facias.
ought to be fued within the Year after the Day of Payment to be made by
the Recognifance ; for after the Year and Day of Payment to be made, if he
do not fue forth this Writ, then he ought to have a Writ of Debt before the
Statute of Weft. 2. which gave the Scirefacias againft him who was fo bounden
by Recognifance ; but now by that Statute he Ihall have the Writ of Scire fa-
clas to make him come at a certain Day into the Chancery, to thew what he
can fay why he ought not to pay the Sum, &c. And if the Sheriff upon the H
Levari facias return, that he hath levied ten Pounds of the Sum, &c. which
he hath delivered to the Party, &c. then upon that Return he who ought for
[ 266.] to have the Money, may fue forth a Sicut alias levari facias direded to the
Sheriff to levy the Refidue of the Sum; which Writ thall be fuch:
The IGng to the Sherif, &c. Becaufe T. the Abbot of B. ought to have paid
to R. one hundred Pounds, &c. on the Feaft of, &c. in the Year, &c. as
appears to us, &c. and did not pay the fame, &c. wherefore we commanded you,,
that without Delay you Jhould caufe the faid Money to be levied of the Lands and
Chattels of him the faid Abbot in your Bailiwick, fo that you might have the
fame in our Chancery, &c. wherefoever, &c. to be there delivered to the faid R.
andyou returned to us, that you have taken into your Hand at divers Times, of
the Goods and Chattels of the faid Abbot to the Value of, &c. which you levied'
thereof, and have- caufed the faid R. to have; We command you, that without-
Delay you caufe to be levied the Refidue of the faid Debt of the Lands and Chat-
tels of him the faid Abbot in your Bailiwick, fo that you may have it before us.
from the Day of, &c. wherefoever, &c. to be there delivered to the faid R. and
this you may by no means omit, &c. Witnefs, &c. V
And if a Parfon be bounden in a Recognifince in Chancery in two hun- A
I IT.4. 17. dred Pounds,. to pay at a certain Day, &c. and he doth not pay the fame at
s3 H. 4. 17. the Day, then the Recognifee fhall have a Levari facias direded to the Bifhop,,
or a Levari facias direted to.,divers Bifhops,- to levy the Money of his fpiri-
tual Goods; and the Writ fhall be fuch:
The King to the venerable Father in Chrif,.&c. greeting-: Becaufe I. Parfon of
the Church of S. in the County of H. of your Diocefe, and T. of L. Parfon of
the Church of M. in the County of B. in the Diocefe of Lincoln, ought to bave'
paid to Mafter F. two hundred Pounds on the Feaft of All Saints,. &c. in the
.rear,&c. as appears, &c. as he faith; We command, you, that without Delay.
you caufe to be levied one hundred and fifty Marks of the faid Sum, of the Goodsr
and Chattels of him the faid 1. in your faid Diocefe, fo that we may have the fame.
one hundred and twenty Marks in our Chancery,.&c. wherefoever, &c. to be there,
delivered to the faid F. and this you may by no means omit: And have there this
Writ. We have alfo commanded W. Bihop of Lincoln, that he caufe to b? levied
one hundred and fifty Marks, &c. the Refidee of the EccleliafticalGoods of him
the faid T. in the faid Diocefe, in Form aforefaid. FFtnefs, &c.
But if the Parfon hath Lands of his own Purchafe, he may have a Writ to,
the Sheriff to levy the fame, &c. But now by the Statute of Weft. 2. cap. is.
he may fue forth an Elegit upon the Recognifance made in the Chancery, di-
reaed to the Sheriff,. to have Execution of the Moiety of his Lands,. and of"
all his Goods and Chattels, except his Beafts of the Plough, and to deliver
them to the Heir for his Maintenance ;. and. the Form of the Writ is fuch:
Tl'g
 Writ de Levari facias. 595
The King to the Sherif, &c. Becaufe R. on the i ih Day of February laft pift
in our Chancery acknowledged himfelf to owe to N. twenty Pounds, which he ought
to have paid to him on the Feaf of, &c. then next following, as appears by, Ac.
of our Chancery, and hath not yet paid the fame to him, as he faith ; and tie
fame N. according to the Statute thereof fet forth5, hath chofen to be delivered
to him for the faid twenty Pounds, all the Chattels and the Moiety of the Land
of him the faid R. to be holden according to the Form of the faid Statute, by a
- reafonable Appraifement thereof (except the Oxen and Beafts of the Plough) to be
made in the Prefence of the faid R. to be warned thereof by you, if he wzvili be pre-
fent, caufe the fame to be delivered to the faid N. or his certainAttorney, and '
thofe Chattels are not of fufcient Value of the faid twenty Pounds, then cau'e
thofe Chattels, fo of lefs Value, by a reafonable Appraifement, and alfo the Moiety
of the Land of him the faid R.. in your Bailiwick by Extent, in like MAinner to
be made in your Prefence in orm aforefaid, to be delivered to the faid N. or his
faid Attorney, to be holden as his Freehold, until the faid Debt /hall be thIreof le-
vied, and of that which you Jhall have done thereupon, make it. appear diIinaly
and openly to us in our faid Chancery (fuch a Day) wherefoever it fhall then be,
under your Seal; and have there this Writ. Witnefs, &c.
C (a) And after the Year and the Day of Payment paffed of the Recogni- ide 265. G.
fance, the Recognifee ought for to fue a Scire facias againft the Recognifor,
to thew what he can fay why the Recognifee fhould not have Execution; and
if he be returned upon that Writ warned by the Sheriff, if he do not appear,
or if he do appear, and cannot fay any Thing wherefore he thould not have
Execution, then the Recognifee may fue forth the Writ of Elegit to have
Execution of all his Goods, and of the Moiety of his Lands: And if the She.

1a) Note; If the Party to a Judgment or Re- ing the Heir or Executor, except the Heir has
cognifance be returned dead, a 8tirefacias Thall Lands. Raft. Entr. 446. Djer zo8. Repf. 5 .
ilfue firft againfit the Executors, and if he has 7 R. 2. Execution 46, 4o6.
no Executors, or if they have not Affets, then a Sirefacias C. Tenexti Terrarum fugfuefe' pr.
&irefacias thall go againft the Heir, 7 H. 4. 30. did A. the Conufor, &c. guare predif' Ama
19 R. z. Execation 163. and- by ancient Ufage, de - de Trris & Catallis fais kvari, &c.
until the Heir was returned dead, or Nibil, no And the Writ adjudged good, tho gh the Words
Scire facias went againft the Tertenants. 18 Ed. & Catallis had not been therein. 3o Ed 3. 23.
2. Execution 142. But he may have a Seirefa- It feems he thall not have a Scirefacias againift
rias againli the Executors, Heirs and Tertenants the Tertenants, till a Scire facias fued againft
in the fame Writ, if he will. z Co. IZ. Sir the Executors, and Niil returned, 7 H. 4- 3J.
William Herberts Cafe. And as to the Heir, 19 R. 2. Execution 163. And Note; A Scire
i. He muit be faid to have Lands in Fee fimple facias and a Tefatum in another County, amoun,
by Defcent, otherwife the Scire facias will be to a Scirefacias. 18 H. 6. 17. Execruitn a
but as againft a Tertenant. 27 H. 6. Execu- And if any other be Tertenant, who is not if
sion 135. 2. It ought to be Tenentibus Terrar' turned warned, the Stirefacias ftall be againti
ue fJuer' the Conufees the Day of the Re con', him, and fo be may delay Executian. 41 P.
or afterwards. 46 Ed. 3. Brief 6o5. 3. In a Execution 37. And if the one come and pleaa,
<ire facias upon a Recognifance in C. B. he but the other makes Default, Judgment fha.
ought to name all the Tertenants at his Peril. not be given on the Default, till the Plea be
(Z-ere.) But it is otherwife, alibi* 46 Ed 3. determined. 6Ed. 3. 15. Execution a03'. Apd
Brief 605. zo Ed. Scirefacias i z1. 17 Ed. 2. if on the Ifue it be found agaird the Tenant.
Execution a39, &t. But now it feems he may yet no Land thall be put in Execution, but onty
have a Scirefacia: againt the Tertenants gene- the Land of the ConDufee in his Hands. 33 Td-3,
sally without naming them, and without warn- Execution 16z, See Rf. 64.
596 Writ de Levari facias9
riff return the Elegit, that the Recognifor hath made a Feoffment in Fee of
Part of the Lands to divers Tenants, &c. and that he hath infeoffed the King
of the Refidue ; then upon that Return the Lands whereof the King is feifed
by that Feoffnent are difcharged. But he may fue a Scire facias to warn the
other Tenants to appear at a certain Day, to fhew Caufe wherefore the faid
Lands fhall not be delivered in Execution; and if they be warned, and do
not appear, or if they come, and cannot fay any Thing, &c. to bar the Exe-
cution, then the Recognifee Ihall have Execution againft them of thofe Lands
by Writ of Elegi, &c. but he (hall have the Elegit before that he fueth the
Scire facias againft thofe Tenants.
And if a Man be bounden by Recognifance in the Chancery, and the Re- D
cognifor hath certain Indentures of Defeafance; then, if the Recognifee will
fue Execution upon the Recognifance, the Recognifor may come into the
Chancery, and thew the Indentures of the Defeafance, and that he is ready
to perform them, and thereupon he hall have a Scire facias againft the Re-
cognifee returnable at a certain Day in the Chancery; and in the fame Writ
he fhall have a Superfedeas dire&ed to the Sheriff, that in the mean time he
do not Execution by Virtue of the Writ fued forth by the Recognifee. And
if the Sheriff upon any fuch Writ return, that he hath fent to the Bailiff of
[267.] the Liberty to do Execution, which Bailiff hath returned him no Anfwer;
then upon that Return he mhall (a) have a new Writ dire&ed to the Sheriff,
with a Non omittas therein, that he enter the Franchife and do Execution, &c.
And a Man may fiie Execution by Scire facias upon a Recognifance made A
in the Time of another King in the Chancery, or in. the 'Common Pleas, or
in any Court of Record. And the King may by his Commiffion give Autho-
rity to one to receive a Recognifance of another Man, and to return the fame
into the Chancery; and by Virtue of that Commiffion, if a Man doth before
the Commiffioners acknowledge a Debt to be paid toanother at a-certain
Day, &c. and certify the fame into the Chancery with the Commiflion, &c.
then upon the Certificate thereof, if he do not pay the Debt at the Day, he
ihall have an Elegit upon the Conufance fo taken, as well as if it' were taken
iw the Chancery; and the Form of the Commiflion is fuch,:
The King to his beloved and faithfuFR. of M. greeting: Know you, that we-
have given you Power of receiving the Recognifance which I. of H. ]hall be will-
ing to make before you to G. of T. of any Sum of Money whatfoever; And there-
fore we command you, that when you. jhall have received that Recognifance, you
do certify us in our Chancery, under your Seal diflini7l and openly, thereof, and of
the Day or Days of Payment, and alfo of the Day of taking the fame, fending to
us !bis WJrit. Witnejs, &c.
And there is another Form, thus: The King, &c. Know you, that we kave'
given you Power of receivingfor this Time, in our Name, the Recognifance which
1. of T. Ahall be willing to make before you of any Debt whatfoever ; And thcre-
fPre we command you, that when you /hall have received that Recogmfance, you
cer:ify us, &c. thereef under your Seal difinaly and openly, & c.

(a, So it was done where Beafls had been de. Ra/t. Entr. 546. See 12 Ed. 3. Scire facias 117.
tained, and no Delivery made to the Plaintiff. zEd. Exmutin t29. 14 Ed. 3. Execution 73.

3 And
 Writ de Levari facias.
And by that Commifflon he hath general Authority to take Recognifance
VF any Man who will acknowledge any Debt before him to any Perfon what-
foever, &4.
B If a Man be bounden in Recognifance in one hundred Pounds, to pay-at See before
five feveral Days twenty Pounds, then immediately after the firft Day of Pay- 130. H.
ment is .paft, he may fue an Elegit for twenty
Pounds, and at the fecond
f ohDay he mayPnot
fue another So note, that Capias ad fatisfaciend. liethe
upon a Recognifance. 3 4 H. 6. +5. 48
Elegit or Levari facias of other twenty Pounds, and Ed.3. 14. 1o Ed. 3, Execution 137.
fo of all the twenty Pounds, every Day of Pay-
ment, and he fhlll have fuch Writ of Elegit for the Payment that thall be V. 38 Ed. 3*
made at that Day, and fihall not flay his Suit till all the Days of Payment.2 Br. Exco-
canlon 41a
are paft. *
C (a) And if two be bound in Recognifance in Chancery, to wit, Every one
of them for the whole acknowledged him/elf to owe, &c. he may fue feveral Scirer
facias againft them to have the Money levied of their Goods and Lands, &c..
D If a Man be bound in. a Recognifance in Chancery, or other Court of Re-
cord, and afterwards the. Recognifee dieth, his Executors may fue forth. an
Elegit to have Execution of the Lands of the Recognifor: And if the Sheriff
return that the Recognifor is dead, then the Executors Ihall, fue a fpecial Scire
facias againft the Heir ,of the Recogifor, and againft thofe *ho are Tehants
of the Lands which -he had, at, the Day of the; Recognifance, made ; and that
Writ of Sciie facias (hall recite and (hew, that the Executors who fue the-
Writ have eleted to have the Moiety of the Lands which the Recognifee had
at the niaki'ng of the Recognifance ; and the Form of the-Writ is,
the Kigjg to the Sherif, &c.. Whereas I. of W. (fuch a Day and Year) &c.
in our Chancery acknowledged himielf to owe to N. Titel Duke ofLancafer, one
hundred Pounds, which he ought to have paid'to him, onr the FeafI of, &c. then,
next corng, as appears, &c. and hath not yet paid the fame to him,. as it is faid,.
and W. B. and C. Exesaors of the faid late Duke,deceafed, according to. the Sta.-
tute thereofJet forth have chofen to be delivered to them for the fJid one hundred
.founds, all the. Chattels, and the Moiety of tke-Land .of him the,faid I. of W.
to be holden according to the Form of the Staitte a Jrefiid , Wherefore we co:--
mandedyou, that you Jhould give. Notice to the faid I. of .W. that hefould be i-
our Chancery (fuch a Day) next folkbwing, wherefoever, &c. to fhew. if he had
or kizew any Thing to fay. for him/elf, why all his'-Chattels and the Moiety of his
Land ought not to be delivered to the faid Executors for' the faid one Bundred?
Pounds, according to the Form of the Statute aforefaid and-ye'.hae altrned tg
as, that thie fad I.-of W. is dead: We command you, tbatyou give Notice to, tbe-
Hiir of him the faid I. of W. and'alfo to the Tenants of 'the Land which was his,
the faidI.'s of W. on the Day of the Recognifance aforefaid,, that they he in our-
Chancery, &c. next coming, wherefoever, &c. to Jbew if they hav or know anyv
flhing to fay-for themfelves, why the Moiety of the Land- which they hold of the
Land aforefaid, ought not to be delivered to the Jaid Executors for the faid oner
hundred Pounds, .accordg to theForm of the Statute aforefaid;. andhave kers-"
the Names of thofe by whom, &c. Witnefs, &c.,,,
(a) Not; If the one be in by Defcent, and' 39.. adjudged, and affifmesdin Eror-, where-
within Age, Execution thall tarry againft all. the Conufor died, his Heir being withilagy,
24 Ed. 3. 56. 29 4 37. and the others in, a and the othan warned hy(Scidoia
S.irsfacias againit tmm. may thew shi9. 2Agl
 Writ de Idemptitate nominis.
14A.7. 6. And thereby appeareth, that if a Man be bounden in a Recognifance,'Uc.
15. 7. !6. although that the Recognifee dieth, yet his Executors cannot fue forth alt
Elegit to have Execution of the Recognifance within the Year after the Day
of Payment, without fuing forth a Scire facias againft the Recognifor, &c.
But againft the Heir of the Recognifor or the Tertenants, the Recognifee or
his Executors ought to fue forth a Scire facias, &c. otherwife if they be
'ouffed, &c. by fuch Execution of their Lands, they fhall 'have an Allife of
Novel Diffeifin, &c.

Writ de Idemptitate nominis.

where a Man is fued in a perfonal r
T IHE Writ and
Adion, Capiaslieth,
upon the nominis
de Idemptitate or Exigent awarded, another Man who
beareth the fame Name, is arrefted by Force of the Writ, then he who is fo
arrefted fhall fue forth this Writ of Idemptitate nominis; and this Writ thall be
directed fometimes to the Efcheator, if he or his Goods be arreffed by him,
or unto the Sheriff, if he be vexed or molefted by him3 and the Form of the
Writ is fuch:
[ 268.] (a) The King to his beloved I. of S. his Efcheator in the County of Lincoln,
greeting: Whereas lately (as we have received Information) I. of R. of London,
Taverner, now deceafed (as it is faid) for that he came not before our 7ufuices of

(a) Note.; In the Cafe of Wifon and Stub,
it was refolved, that if in a Writ againft Y. S.
7. 3. the elder is taken after Judgment, it thall
,be intended 7. S. 4he elder And yet after Judg-
.ment 7. S. the younger, if taken, cannot have
-an Idemptitate nominis, but falfe Imprifonment;
but fee the Precedents contra, eviz. P. 36 H. 6.
-Ro. 48. John 349et's Cafe, M. 20 H. 7. Rot.
136. Faller'sCafe. See S Ed 4. 48. otherwife
if it was a Capias legatnm, for .there the King
-is interefted. 2o Ed. 3. Brief683.
What thall be faid the fame Name, or not.
If 7. de D. be outlawed, and 7. D. taken, he
Thall not have an Idemp' nominis, but Trefpafs;
per Culpeper, and fee therea Writ brought againft
7. de D. and Procefs continued againfit 7. D.
and a Proteftion purchafed by 7. D. the Procefs
4hall be amended by the Statute 14 Ed. 3. but
the Prote&ion was not allowed licer confabat efe
candem Perfonm; but otherwife had the Protec-
tion been purchafed before the Writ. IIH.4.70.
If a Writ be againft 7. G. and the Sheriff
takes 7. C. he fball not have an ldemp' nominii;
but if a Writ comes againft 7. G. de B. and the
Sheriff takes 7. G. de C. he fhall have it, x H.
5. 5. 6. and by Lit. he may have Trefpafs, if
le will. 2 Zd. 4. 7.
Note well.; If 7. C. Butcher, be outlawed,
and 7. C Husbandman, is taken by Capia; at-
4ogatum, he fhall be difcharged by Plea; for it
aflirms the Outlawry.good againft 7. C. Butcher;
but if Trefpafs or Debt be brought againft 7. C.
de D. Butcher, and there comes 7. C. de B.
Husbandman, and appears and pleads, and he
is outlawed after Judgment: Now if he be taken
he thall not avoid it by faying, that 7. C. de B.
Butcher, againtl whom the Ation was brought,
and 7. C. de B. Husbandman, who now appears,
are divers Perfons, and that he is not the fame I
Perfon againtI whom the Original was purchaed;
but he iball fay further, that he did never appear
upon that Original ; for if he has appeared and
pleaded, he is as well liable, as if he were the
fame Perfon. But by Pafou, he thall not have
fuch an ilie in Avoidance of a Record, no more
than in Avoidance of a Fine levied in another
Name; I thall not fay I am another Perfon, or
that I never appeared. 19 H. 6. 58. And it
feems without fuch fpecial Shewing, he (hall not
come and fay, that he is not the fame Party, or
that he did not appear, without thewing that the
other -of the fame Name did. 9Uars. 2. It
feems that the other may fay, that he whom he
alledges did never appear. See io Ed 4. 16.
2 H. 6. 19. where one came in by Capias pro
Fin, and faid that he never did appear, &c.
and it was not allowed; but he afterwards
thewed, that another of the fame Name did ap-
pear, Abfque bac, that he himfelf did ever ap-
Fear; and it was held.good. a2 H. 6. S.
 Writ de Idemptitate notninis 99
Ae Benc to onfiver to R. for the Time wherein he was Receiver of the Money of
him the faid R. was put in Exigent in our Ilufing of London to be outlawed,.
and for that Reafon was outlawed on Monday next after the Feai of Saint Peter
in the Chair, in the tenth rear of our Reign; and now we underfland on the Be-
half of I. of R. of London, Baker, that although he is not the fame I. of R.
who was outlawed, at the Suit of him the faid R. neither have any Goods and
Chattels, which were the fame outlawed Perfon's, come to his Hands ;,evertheleg
yoa, becaufe of the Identity of fwb Name and Surname. of I. of R. pretendinig
him the faid I. of R. of London,,Baker, to be the fame I. of R. of London,
Taverner, who, was fo outlawed, intend to feize into our Hand the Goods and
Chattels of the fame 1. of R. of London, Baker,. by Colour of the faid Writ to,
take into our Hand of thp Goods and Chattelswhich the jaid I.. of R. of London,.
Taverner, had in your Bailiwick on the Day of the Proclamationof the faid Out-
lawry, and many Ways unj*fily difliet him upon that Occafion, to the great Da-
mage and Grievanse,of him the faid I. of R. of London,. Baker- whereupon be
hath befght us for a Remedy 'to be providedfor him by as;-,.And,becaufe we wilk
not -that-be the faid I. of R. of.London,. Baker,. be unduly aggrieved,. we com-
nand you, that if by IngaYtion or other Mean it jhall lawfully appear to you,
that the faid I. of R. of London, Baker, is not the fame I. of R. of L. Ta-
Verner,, who was f outlawed, nor that any Goods or Chattels which were his
Ihe faid outlawed Perfon's on' the, Day of Proclamation of the faid Outlawry,
,ame to his Hands,, as is faid, then: wholly jurceafe the taking of the Goods, antd
Chatelt of the Jaid I. of R. of L. Baker:. Provided always,, that you anfwer to'
as for all the Goods-and Chattels which, the jaid I. of R. of L. Taverner,, had?
in your Bailiwick on. the Day of' Proclanatidn of the Outlawry aforefaid (if any
there were), as it is juff. Witnefs,. &c.
A And. fo' if a Man be diltrained by Procefs out of the Exchequer for to- ac--
count, &c. for another PerfRn who bath the fame Name which he bath,., then-
he IhaM fue ,that Writ to.the Baron of the Excheqper, and to the Treafureri,
and the Writ thall be fuch:
,he. King to hIis Vreafurer and 'Barons of tie Exchequer,. greeting: J. Clhrke
of N. hathfeardunto us, that whereas one J. Clerke, on the Day when he died,
was bonedda. in, a certain Account to be rendred to us of the Ifuss of the Pafage
of 'Green, Caftle, which faid J. Clerk4 is dead,. and' was called, while he lived,
J. Clerke of A. as,it is faid; and bicaufe the jaid-J.Clerke of N. hath-thefame.
Name and Surname as the faid;J. Clerke of A. you unjufly caufe him.many Ways
to be difquieted, and to render to us an Account of the I[ues aforefaid,. as we have
receivedlkformation;.whereupon the faid J. Clerke of N. hath befoqught us,. that we.
will afiJf him with a Remedy in this Behalfj ,We,.. as well for ourfeles as for the-
fame J. Clerke,, wiling to be dom, that which Jhallbejuff,. command you-, thit if
by any. Memoranda of the jaid.Exchequer,,.orb Iy Inqus/tion thereof (if it ftallis
necefary) to be taken,.you #all fnd that he, the faid.J. C. of A. had.our CommyJ:
fon of that Ofce, and, received the Ifues thereof by virtue of fazck our Commifr-
As,, or in other Manner,, and t&t,he the faid J. Clerke of N. had,not Jach our)-
Commflion,.nor in any thing intermeddkd therewith, and that he-the faid J. Clerk-*
of N. becaufi of the.(a) Identity of hisName,and.Surname,,andfor no. other Caufe

(4) NVe sThe Ideiptiy Ibere- is of both Names. andi:ec 4rr 5. Thatitdoes ;nodis of two"
Names of Baptifn,, but only of Surnames..
34
 oo *J-it de Idemptitate nominis.
,was lipeached before you, then caufe him the faid J. Clerke of N. to be difcharged
and quiet of rendring to us an Account of the Iffues aforefaid at the fan Exchequer
(a), as it jhall be juji, making due Procefs againf the faid J. C. of A. lif he be
living, or againif his Heirs, Executors or the Tenants of the Lands and Tenements
of him the faid J. C. of A. if he jhall be dead, as the Law -requires. Witnefs, &c.
27 1. S.. And if a Man be taken by a Capias ullagatum, he may fue forth a Writ de B
E.d7 3 9. Idemptitate nominis in the Chancery dire&ed to the Juftices of the Common
Pleas, if the Procefs be fued there, or unto the Juffices of the King's Bench,
if the Procefs be there, commanding them to make Inquiry, &c. as afore is
a3 H. 4. 1a2. faid, &c. fo as this Writ feemeth but as a Commiflion to make Inquiry, and
to know the Trnth; and upon that Writ direded to the Juftices,. they fhall
award a Writ unto the Sheriff to (b) make the Inquiry, &c. but if a Man be
27 IT 8. I- outlawed in the Common Pleas, and taken by Capias, he may come into the
14 Ed. 3. Common Pleas and pray a Writ of Inquiry, whether he be the fame Perfon,
r. 27£. without fuing the Writ de Idemptitate nominis.
And if an Exigent be to be awarded againft one, if one who hath the fame
Name come, and faith that he is ready to anfwer, then the Plaintiff (c) may
z4 H. 4. 77. fay that he is not the fame Perfon, and then the Plaintiff fhall put a Diverfity
of the Names, and the fame fhall be entred, and then the Exigent fhall be
awarded according to that Difference which the Plaintiff hath made.
915. 4. 3. (d) At the Exigent returned the Defendant appeareth by Superfedeas, and
the Plaintiff faith, that he that appeareth is not the fame Perfon: And the
Opinion of Hanke was, that he fhall be put to his Idemptitate nominis, and
fhall not that Way avoid the Outlawry.
And if an Exigent be to be awarded upon an Indi&ment, if one cometh and C
faith, that he hath the fame Name as he agaihft whom the Procefs upon the
Indiament is awarded, and prayeth that the King's Attorney may put a Dif-
ference of their Names; the fame fhall not be done, for. that thould change
she Inditment, becaufe the Procefs ought to be made according to the In-
dicment; and if he be grieved by the Procefs, he muft fue forth the Writ
£ 269.] de Idemptitate nominis, and fhall not have other Remedy, &v. And he may
have that Writ to the Juftices of the Peace, if they award Procefs of Utlagary
upon Indiaments taken before them, and alfo to the Juftices of Geol-delivery,
as appeareth by (e) the Regifter, fol. 195, x96.

-(a) So Note ; The Tertenants are charged to (d) But if tiere be a Diverfity of Names in
account, and the Land is charged, although that this Cafe, on fuch Plea, &c. an Exigi de Vo:VG
no Judgment was given pro Rege, viz. in Dfefu fall ifue againfi the other; ter Hull, 14 H. 4.
Execution' J. C. de D. See Dyer zz5. Sir Will. 27. and fo in a Prxdpe, Summon adwarranii-
St. Lee's Cafe. =and', &c. j9 H. 6..58.
b) Or alledges that he is named 7. S. and (e) Nott; At the Plu-ies Capias one appeared
not 7. R. as the Writ fuppofes; and thereupon who bad the fame Name, and the Plaintiff faid
1e thall have a Stire facia; againit the Plaintiff he was not the fame Perfon ; and for that he
in the Suit, &c. See i H. 5. 5. had not put the Diverfity of the Names in his
(c) And if he does not fay fo in the Writ, it -Writ, it abated. 2z Ed- 4- 14. 8 Ed. 3. 19.
faaabale. ilr th oEd. p.
arigt834
iuEd.ez. H43..

Writ