Jurisdictions, Index 1
THE TABLE.
Acceptance.
WHere a Leaſe is voydable, acceptance of rent makes that good, otherwiſe where it is voyd, fol. 320.
Action upon the Caſe.
For what ſlanderous words it lyeth, and for what not fol. 339.
It lyeth for ſelling corrupt Wine, without warranting that. fol. 342.
Hath tasted the Wine and accepteth that for good, is a Barr. fol. 342.
Where warranty for that, ſee where it lyeth, and where not. fol. 342.
For making deceit it lyeth. fol. 343.
It lyeth where one will not deliver the Pawn upon the Money tendred. fol. 344.
The tenant ſhall have that againſt the Landlord, for not paying Quit rent. fol. 345,
It lyeth where there is delivery, and not Treſpas, Vi & armis, and where one or the other lyeth. fol. 345.
It lyeth for miſuſing licenſe in Deed, and Treſpaſſe for miſuſing licenſe in Law. fol. 346.
It lyeth for not carefully keeping a fire, and againſt an Hoſt, and where ones Dog worryeth a Sheep. fol. 346
It lyeth for holding a Court in anothers Mannor, and for diſturbing one to hold a Leet, fol. 347.
It doth not ly againſt a Schoolmaſter, nor for erecting a Mil, but for waſt by tenant at wil it lyeth, fol. 347
It lyeth againſt a ſervant for ill looking to Beaſts, and negligent keeping them, fol. 347
Or for ſtopping a way, and for falſe Dice, and Lime-pits digged, fol. 348.
It lyeth againſt a Sheriff for ſerving a writ, and not returning it, fol. 348.
Where it lieth againſt executors, and where not, fol. 250
Where it lyeth for promiſe not performed, fol. 351
Where the place is traverſable, and where the Common, and where not, fol. 353
Archers, fol. 27.
Artificers. fol. 27
Aſſiſe.
Where it lyeth, and where a Mortdanceſter, fol. 119
What is ſufficient ſeiſin to have Aſſiſe, and what not, fol. 120
Pleas in Aſſiſe by Bailiff, fol. 120
Pleas of the Diſſeiſor, fol. 123
Pleas, that the tenant ſhall have for the Aſſiſe to adjourne, 125. Diverſe Pleas in Abatement, where they are not contrary, and contrary to the Aſſiſe, fol. 127
Where it ſhall be awarded at large, and where in right of damages, 128. VVhere the Plaintiff may chooſe his tenant at his perill, and where not, fol. 131
What is a good title in Aſſiſe, and what not, fol. 135
Plea in Barr and abatement, 136. Where he may abridge his plaint, and where not, fol. 138
Where after verdict he cannot abridge, fol. 139
Attornement.
Where it ought to be, and where not, fol. 139
VVhere is good Attornement, and where not, fol. 141
VVho is compellable to attorn, and who not, fol. 142
Where he which is not compellable to attorne, attornes, 143. What thing granted by Fine, he ſhall have without Attornement, fol. 144
Attorney.
May make ſuit in Court Baron, fol. 145
Amerciament.
Amerciament in Court Baron and affire, fol. 145. For treſpaſſe made to the Lord himſelfe, and affire, fol. 145
Attachment.
Who ſhall be attached, and what ſhall be forfeited upon that, and what not, 155. The forme of making the Precept upon that, fol. 155
Ancient Demeſne.
In what Actirn this is a good Plea, and in what not, 188. Ancient Demeſne is Court Baron, and and ſee the Fine there, fol. 190
Where it is made Frank fee for a time, and where for ever, 190. It is Socage, and how that ſhall be tryed, 152. The forme of pleading of that, and Copy-hold of Ancient Demeſne, 192. How execution ſhall be by Writ in Ancient Demeſne, and how free they are, fol. 194
Avowry.
Ʋpon whrm it ſhal be made, and upon whom not, fol. 105
Bargaine and Contracts.
IF the Plaintiff vary from his Contract, where he oweth him nothing is pleaded, in manner and form ſhall be tryed, 355. Where it is for ſo much as J.S. ſhall ſay, or upon condition, or miſliking, fol. 356
If the Buyer takes without paying, Debt or treſpaſſe lyeth, 358. VVhere one may wage his Law, he cannot traverſe the Contract, nor cauſe, fol. 359
Defondant ſaith, it was upon condition on another County, and ought to traverſe the Count, fol. 360
Defendant may plead that the Plaintiffe hath obligation for the ſame, 361. VVhere a Leaſe by Paroll of Right, goods, or contract is good, and where not, 361. The King may give a thing not in being, and not a common perſon give a right, fol. 361
To marry my Daughter, debt lyeth, with my Daughter not, fol. 362
Barr.
If he recover in debt upon a contract, he cannot have new debt, 363. The ſame Law in Treſpaſſe.
If the Plaintiffe were barred in Detinue, he ſhall not have account, nor Action upon the Caſe for the ſame, 363. Barr by a Recovery in another Court, pleaded here, 363. Barr good to common intent, fol. 427
Barr ſhall be as high as the matter Count. fol. 427
Baron and Feme.
What Contracts of the wife and ſervant ſhal bind the husband, and what not, 364. The husband ſhall not be charged, though they come to the uſe of the houſe, if he hath not notice and agreed, fol. 365
The husband ſhall be charged for neceſſary apparrell of his wife, and not for ſuperſluous, fol. 365
Servant which hath uſed to ſell pawnes, goods, of his Maſter for Corne, which comes to the uſe of his Master, good, 366. A ſervant ſent to buy, and the thing bought doth not come to the uſe of the Maſter, yet he ſhall be charged, 366. Servant gives goods of his Maſter, the Maſter ſhall have treſpaſſe, fol. 366
Servant borrows Money in the name of his Master without his commandement, there the Maſter ſhall not be charged, 366. He ſhall have goods and Leaſe, and if he dye, the Leaſe not altered, it ſhall remaine to the wife, 367. If he marry a woman executrix and dyes, the wife ſhal! have the goods which remaine. fol. 367
He ſhall have an obligation made to the wife before marriage, and if be dye, that ſhall remaine to the wife, 367. He ſhall be charged with a debt of his wife, and if ſhee dye not afterward, fol. 368
He ſhall not have an Obligation made to his wife, before marriage, after her death, fol. 366
By-Laws,
What ſhall binde all, and what not, fol. 89
In Court Baron, and in Towne, fol. 89
Chattels.
ALL goods and Chattels whatſoever granted, fol. 62
What ſhall paſſe by the grant of Chattels, fol. 63
Challenge Jurors.
What is principall, and what not, fol. 178
What is good for favour, and what not, fol. 180
Charter of exemption of Juries, fol. 114
Chimnies. Wayes.
Trees in them, ditch, and bridge making, fol. 66
Making high-wayes by Statutes, fol. 67
Condition.
Leaſe for yeares upon condition, if he be diſturbed he ſhall have fee: See Obligation, fol. 164
Confirmation.
VVhat liberty ought to be confirmed at the change of the King fol. 65
Commons.
Where the Lord may improve that, and where not, 180. Appendant and Appurtenant, and admeaſurement, 184. With what Beaſts it ſhall be uſed, fol. 185
Coniſance.
In what caſes that ſhall not be, fol. 222
Conſtable.
His office and authority, and what he ought te doe, fol. 94
Continuance.
See in Imparlance afterwards, fol. 392
Conclude in Action.
See Pleading afterwards, the order and forme how one ought to conclude, fol. 422
Copy-hold.
It ſeems he ſhall not have an Aſſiſe before admittance, but he ſhall have treſpaſſe, 157. His eſtate and intereſt, what it is, 157. Of baſe tenure and free is ancient Demeſne, 159 VVhere he enters and dies before admittance, 160 Divers Caſes of that, and countermands of ſurrender, 160 VVhat ſurrender is good, 161. Leaſe by licenſe, and recovery againſt Leſſee, and forme of licenſe, The ſtatute of limitation extends to that, 169. See title Copy-hold, 160, Diverſe Caſes there added, 161. As ſurrender into the hands of two tenants and dyes, Gavellkinde to the next of the blood, and Borough Engliſh, 161. Lord hath more Rent then he ought, fol. 162
Surrender to uſe, without more, 163. Forfeiture by attaint of copy-hold, 161. Admittance in other manner, then was the ſurrender, 161. Copy-hold in taile, time out of minde, and not otherwiſe, fol. 173.
It is in the Saxons time, Folkland, and it is good by continuance, 174. Treſpaſſe againſt the Lord, what forfeiture ſhall be preſented, and what not, fol. 175.
Shall have houſe-boot, plough-boot, and hedg-boot, 176. Fine upon every alteration and admittance, Forfeiture of that by denying Rent, and by Feoffment and livery, 176. May lop trees, Feoffment, and Fine, and other forfeitures, fol. 177.
Cordiners, fol. 29.
Coſts.
VVhere the Plaintiffe ſhall have coſts, and where not, fol. 209.
Covin.
And fraudulent gifts to defeat Executors, fol. 232.
Count.
Shall be certain, 430. Ʋpon lending and upon buying, 430, 501. Count in an Action upon the Caſe for ſlander, fol. 502.
Count in Treſpaſſe, with walking with his feet, fol. 504
Court-Baron,
And Leet, how they are firſt ordained, fol. 6.
And where Suiters hold of the Mannor, 7. Is incident to a Mannor, 7. The order here begins to keep that, 105. The charge in this here begins, fol. 107.
VVhat actions ſhall be there ſued, and what not, 145. Capias ſhall not be awarded in that, and which is a great Court, 98. In what place it ſhall be held, 186. VVhat is Court-baron, and what of Record, 187. The tryall in Court-Baron, 187. Forraine matter pleaded there, 187. The entries in Roll of Court-Baron here begin, 186. Entries of ſurrender and admittances. Forme of proceſſe of execution.
Court of Ancient Demeſne,
Here that begins, 188. See before Ancient Demeſne.
Court of Pipowders.
Is of Acts and Contracts onelyonly within the Faire, fol. 195.
Court of the Marſhalſey, fol. 196.
And the authority of that to hold Pleas, fol. 127
Croſſe-bows, and Hand-guns, fol. 28.
Crow-Netts, fol. 30.
Cuſtomes.
Cuſtomes of diverſe Mannors, 200. It ſhall be reaſonable according to common right, and upon good conſideration, 201. What is good, and what not, 204. And who may preſcribe, fol. 105.
It ſhall be taken ſtrictly, fol. 209.
Damages.
FOR taking onelyonly, and not for retaining, ſhall be recovered, 211. In what Actions ſhall be recovery, and in what not, 211. Damages recovered in Dower, fol. 314,
Diſtreſſe.
For amerciament, the Lord may diſtraine, and for Fine or By-Law broken, ſhall have debt, or Diſtre …
VVhat thing may be diſtrained, and what not, fol. 87.
Diſcent.
VVhere one ſhall be ſayd in by diſcent, and where by purchaſe, 212. A woman being young with child, enters, and ſee great with child, and who is Baſtard, 213. VVhat is a poſſeſſion in fee to be an impediment to the halfe blood, 214. Diſcent, and where it ſhall eſcheat. fol. 214
De ſon tort Demeſne.
VVhere one may plead that, and where not, &c. fol. 216.
Divorce.
If they have in Frank Marriage, and are divorced, the wife ſhall have all, and if taile, they have a free-hold by Divorce, fol. 310
Double Plea.
See there what is a double Plea, and what not, fol. 441
Droit.
VVho hath more right, and how it ſhall be directed, 151. where after the Miſe joyned, judgement finall ſhall be given, 151. Recovery in right, &c. fol. 496
Dower.
By attainder of tenant in taile, where it ſhall be forfeited, and where not, 303. Third part ſhall be aſſigned to Eloppement, 314. It ſhall not be of a reverſion for life, though his fee is joyned to the freehold, 317. Nor it ſhall not be during the time of the husband being in Religion, nor where be is joyntly ſeiſed, 316. VVhere a villaine takes a wife it ſhall be, under nine yeares it ſhall not be, fol. 315
VVhere a Lord enters for Mortmaine, or recovers in Ceſſavit, the wife ſhall be, 317. where the husband hath an eſtate in fee upon condition, ſhee ſhall be, 317. where the heire is remitted, ſhee ſhall not be, 317. where the husband looſes by default, or reddition, ſhe ſhall be, fol. 318
Aſſignement by Guardian in Knights ſervice by Diſſeiſor, Abator, or Intruder, good, 317. Aſſignement by Guardian in Socage, ſhall not be Rent aſſigne to the wife, Rec. and yet aſſigne, 317. Where the husband dyes ſeiſed, and ſhee demands, and hee was not ready, the wife ſhall recover damages, fol. 318.
Entendment.
What is good by Entendment, and what not, fol. 443
Enqueſt.
In Leet if twelve agree, it is good, and a ſtranger may be ſworne, 13. In Court Baron by leſſe then twelve for the Lord, 13. In Leet it ſhall be by twelve at the leaſt, and ſee iſſue tryed in Court bar… fol. …
Miſdemeanor in drink, or taking a writing, fol. 225
Eſtray.
After the yeare and day, and Proclamation made in the Church and Markets, fol. 79
Eſcheat.
VVhere it ought, and where it ſhall diſcend, fol. 216
VVhere land ought. fol. 217
Eſſoine.
After Iſſue but one Eſſoine, 368. VVhere at two Venire fac. Habeas corpora, and diſtreſſe, it ſhall be, and where not, 372. Action againſt three, every one ſhall make Eſſoine ſeverally and not after, but, &c. 373. Of the Kings ſervice caſt in at the Diſtringas Jurat. 374. After appearance the T… nant ſhall not be in Aſſiſe, 375. Of the ſervice of the King the Eſſoine, Sworne and he ought to bring in his warrant and ſhall looſe 20 s. fol. 380
Exception of that entered, and day of Eſſoyne, fol. 280
It doth not lye for acorporation in the Scire fac. fol. 381
VVhere it lyeth upon a re-ſummons, and re-attachment, and where not, fol. 361.
Evidence.
Ʋpon generall Iſſue, that he had no ſuch canſe of action or no cauſe of action, good. 234. That he hath interest, and an Eſtate good. 235. Ʋpon general Iſſue, he shall not have Evidence of another thing, or contrary. 236. VVhere the Evidence proves the ſubſtance of the Iſſue, it is good. 239.
Exhortation to the Inqueſt.
Exhortation, & the cauſe that they are ſworn. 13.
Execution.
What ſhall be, and what in Court Baron, and Capias is not there. 227. Ʋpon a Recognizance and Statutes. 231. Of Goods, that he ſhall have Day of the Execution awarded, of Land, that hath Day of the Judgement. 230. Four manner of Executions, and Debt after the year. 232
Fealty.
SHall be at the first Court and Attornement. 140
Form of making Fealty. 92
Who ſhall make that, and who not. 259
Felonies.
If Indictors of a Felon utter the Counſel of their Companions, See divers manners of Felonies there. 48
Forfeitures.
The King hath Year, Day, and VVaste, and the Lord and Eſcheats. 54. Of Goods onelyonly, and where not by Attainder. 55. Of Lands, Day of the Felony, and Goods, Day of the Judgement. 57. And when Officer may ſeiſe. 58
Formedon.
To a Gift firſt made it is not extended, and Aſſiſe by Tenant in Tail, where it lieth, and where not. 247
Shall make a Diſcent by all which tender Eſtate, and the heir to every one is to ſue. 248. In Reverter and Diſcender, Esplees is of the Donor and Donee, in the Remainder in the Donee onelyonly. 249
Gage Law.
TRiall in Court Baron is by waging Law, and by Aſſent, by the Country. 384. Where he ſhall have that in Account, and where not. 384, 385, 386.
Detinue of VVritings, and Obligation where he ſhall have his Law, and where not. 385. Ʋpon Arbitrement, and Money awarded, ſhall have his Law, and not upon Statute. 385. Debt for Salary, for what he ſhall have it, and for what not. 385. He may, where the Plaintiff fails in the Contract. 185. He ſhall have it, not ſhewing a Deed, witneſſing the Contract or Receit. 388. Debt for Counſel he may have, but not for Amercement in Leet. 387. Where he ſhall ſave his defaule upon the Grandd Cape, by waging of Law, and where by Impriſonment and certain VVater. 390
Garde.
VVho ſhall be in VVard, and who not. 250.
VVhere part is in chief, the King ſhall have all, and where part Socage not all. 254. Guardian cannot at this day out the Termor. 256
Guardians of Churches.
Shall have Account againſt the old VVardens, and Trespaſs of Goods taken. 382. Shall have Indictment, Appeal of Robbery, and are a Corporation for Chattels. 383. Church-yard and Church, Free-hold of them ſeems are in the Parſon. 383. Church-yard and Church not incloſed ſhall be for that Complaint to the Ordinary. 383
Grant of the King.
See miſ-recitall, falſe conſideration, and falſe ſvrmiſe. 60. VVhat is good, and what not, where the King is deceived. 61
General Iſſue.
In what Actions he shall have it, and what it is. 446
Hares.
TRacing of hares. 309
Hawkers and Hunters.
VVhat is lawfull, and what not. 115
Hariot.
Custome is of every Estate aliened, and Death. 262. Service is properly by reaſon of Tenure and of every Diſcent. 262. Cuſtome eſloigned, the Lord shall have Detinue, and diſtrain for hariot ſervice. 263. Lord, where he may ſeiſe, and where not, and always for hariot cuſtome ſeiſe. 263. Of Copy-holder Surrender in extremes, or aver. 265. Hats and Caps. 35. High-wayes 34. Hemp. 35. Homage. 259. It shall be made to him that hath Inheritance, and who shall make it. 259. Horſes. 37
Hue and cry. 33
Inmates.
WHo are, and who not, and who shall not have Common. 90
Incidents.
VVhat they are, and what Incidents may be ſevered, and what not. 70
Juſtice.
Juſtice should be made to every one. 5. Juſtice should be miniſtred. 5. And Letters to Juſtices, 5.
Judge.
Steward in Leet, and Iuſtices of Peace, are Iudges of Record. 81. Iudge in Leet and Court Baron, and how there. 82
Imparlance.
Imparlance, and day given, 394. Imparlance generall and ſpeciall, 394. Pleas after Imparlance and laſt continuance, 395. Hee ſhall have Plea, which proves a writ abated, or Barr, 398. Pleas after the laſt continuance, and day in Bench, 399
After Iſſue, matter for laſt continuance, 399
Leet.
THE precept to warne that, and the order to hold that, 11. & 12. It is ordained to be held twice in the yeare, Scilicet, within, &c. 14
The anthority of that inlarged, by 18 Ed. 2. &c. 13. The charge here begins in that, 15. The Breviate of the Change begins; 40. Caſes argued and agreed to be inquirable there, 42. Preſentment there which toucheth free-hold, traverſable, and otherwiſe not, 24. Things there not preſented, ſhall be preſented in Torne, and if not in Eyre, and if not in the Kings bench, 84. It ſhall be held within a monethmonth, unleſſe by preſcription and place, 88. Form of entring the preſentment there, 88. The Steward there is Judge of Record, 83. Record and his authority there.
Liberties.
VVhat the Lord shall have by Charter, and what he shall have by preſcription, 59. Not uſing and miſuſing of that is a cauſe of ſeiſure, 58
Livery and Seiſin, 267
Delivering the Deed within the view in name of Seiſin, 268. Where give and grant is confirmed, and good without Livery, 269. Two infeoffed and Livery to one, 270.
Lex. Law.
Law is ordained to the King for Government, 4
The neceſſity of that, and of charity, 4
Mannor.
How that began, 7
Materiall.
What in pleading, and what not, 456
Maintenance.
Not by Letters nor otherwiſe, 460
To imbrace Iurors, and ſuborn VVitneſſes is. 400.
To ſay, he will maeintain and doth not, is no maintenance, but to ſay, that he will ſpend 20. l. &c. is. 400. To give money before Suit, and covenant to have part of an Obligation, for travelling with a ſtranger born, is not. 401. VVhere he hath an Obligation delivered for his Debt or Intereſt, as Reverſion or Remainder, may. 401. Servant arreſted, Maſter may give of his wages, and lend him money. 402. It is ſaid, that one learned, may be of Counſel without Fee, and give Evidence for his Fee, but not labour the Iury. 404, 406. VVho may pray a learned man to be of Counſel with one, and who not. 404. The Father may, his Son, Cozen and Kindred, in action real and poor, but not promiſe to a Iuror. 402. For Burials in Church-yard all Inhabitants may. 405 Manucaptor cannot retain Counſel, and do nothing but ſee him appear. 402
VVhat an Attorney may do, and maintain. 404
Modo & forma.
VVhere it is material, and where not. 460
Mortmain.
VVhat is Mortmain, and what not. 36, 75, 273
Mortdanceſter.
Iſſue upon one point ſhall not inquire of more. 271 Reſummons and Proceſs upon that. 272. VVhere that lieth, and where not, and where it is deviſable. 273. Muſters.
Non-tenure.
IN what action it shall be pleaded, and non-tenure of parcell is not abatement for all. 276
Nuper obiit.
VVhere it lieth between Siſters of halfe blood. 277
Negativa preignans.
VVhere Iſſue shall be of that, and where ntt. 462
Obligations.
How the Conditions of them shall be pleaded. 464
Office.
Grant to one which doth not know to execute, void, and where to two, 282. Aſſignee and Deputy, and where miſ-uſing is Forfeiture, 282
Officer.
How he ought to demean himſelf in executing Proceſs, 278. Executing erroneous Proceſs, he excuſes, and where it is out of their Juriſdiction, and where not, 279. Arreſt in a Church, and Bailiff errant without warrant, 279
Plaints.
IN Aſſiſe, 137 Of Mortdanceſter and Barr, Of entry in the per and cui, and Precipe of Summons. In Formedon, Precipe of Summons and the Count. 8
Pleadings.
Iſſue ſhall not be, if he abated, or not, 422 Iſſue shall not be upon Affirmative and Negative, 423 Diverſity between pleading in Trespaſs and Aſſiſe, 424 Barr good to common intent and (Firſt Face) good, 426 Barr shall be as high as the matter which is counted, 427 Where the Defendants confeſs and avoids, he need not traverſe, and where he ought, 431 Detinue or Trespaſs, the Defendant ſaith, that they were delivered in pawn, or by Replegiare, and good without Traverſe, 431 VVhere the Defendant juſtifies in ſpecial manner, he ought to traverſe, 432 Count and Barr good by intendment, 445 VVhere the place shall be shewed certain, and where not, 447 Plea incertain for the year and day, and what not, 449 A thing iſſuable ought to be shewed certain, 449 What is material pleading, and what not, 456 Pleading by name and grant, and Evidence by name, 457 In pleadings where he shall ſay, that is the ſame, 418 Where the Defendant ſhall ſay, that it is the ſame Treſpaſs, or the ſame Impriſonment, or the ſame maintenance, 471
Conclude in pleading.
Where the Defendant shall ſay, Judgement if the Plaintiff shall be anſwered, and where Iudgement of the Writ, and where to the Iuriſdiction, and were which ſo, &c, 433 Order and form, how one ought to conclude, 433. Where to the Bar there shall be Replication, the Defendant ought to conclude, and this he is ready, &c. 433 Where the Defendant pleads to the Iſſue, he ought to conclude, and of this he puts himſelf, &c. 444 Where the Defendant pleads to the Iſſue, and of this he deſireth that, &c. 434 Where the Defendant pleads general Iſſue, he ought not to conclude, and this he is ready, &c. 434
Pleadings of his own wrong without ſuch cauſe.
Where of his own wrong the Plaintiff shall ſay, and where not, 436 Where the Defendant conveys from the Plaintiff, or pleads ſpecial matter, this shall be anſwered, and of his own wrong, &c. it is no plea, 437 Where the Defendant juſtifies as Conſtable, Sheriff, or by warrant of the Sheriff, or by the Kings Patent, of his own Wrong, is no plea. 430 Where as Servant or Bailiff of the Sheriff by his commandement, in aiding a Conſtable or Bailiff, of his own wrong, is good. 439
Pleas after View.
See what Pleas he ſhall have. 426 He may plead ancient Demeſne, matter apparent, Joint-tenancy, and non-tenure, 420 Farmedon, that be doth not omit any degrees, nor no ſuch Town, nor to the Juriſdiction. 421 Of what Precipe, and Plaint in this nature. 149 Preſidents, &c. 467
Preſcription.
Who may preſcribe and who not, 204. Town Inhabitants and Officers, 205. Of Rena and of another thing without Deed, 207
Preſentment.
What traverſable and what not, 84.
Prerogative of the King.
What the King ſhall have without Office found, and what not, 221. Where part in cheife of the King the Seigniory of another ſuſpended but to the diſtreſſe, 261. Pound open, Pounds and for dead Chattels 71 VVhat is open and what other, and where cattell dye in pound, 71 Diſtreſs taken unlawfully and pound unlocked, 284. VVho ſhall have Parco fracto and poundage for intire diſtreſſe 4 d. 285.
Proclamation.
VVhere there ſhall be three, and where but one. 11.
Proceſs.
In Court-Baron. 152
Grand Cape in Dower and Precipe of that, 505.
Between Petty Cape and the Petty Cape, 505
Precept of ſummons in a Plea of Land, 506.
Precept of Summons in Aſſiſe of Mordanceſter, 506
Habere facias ſeſinam upon a recovery by default, 506. Attachment and form of that, 155. Proceſs of Execution, 283
Recoveries.
IN Court-Baron in ature of a Right Patent. Common recovery in Entry in the Poſt, 497.
Replication.
Where the Barr is vicious, is made good by replication, and where not and Jeofailes, 474.
Reſcous.
It cannot be brought if the Lord diſtrain within his Fee, and not out, but if one diſtrain doing Dammages or not, where out of his Fee he may, 72
Releif.
Shall be paid at full age, if he were not in ward, and for Socage forthwith if he paſſe fourteen yeares, 286. Part of the King yet the other Lord ſhall not looſe Releife, and two releifs by one, and Tenant dies before notice, 286 Where he is in by diſcent he ſhall pay, and where by purchaſe, and Fee farm not, 287. where Deviſe, and where a hundred ſhillings and a hundred Marks, and grand ſerieanty, 288. Corporation ſhall not pay that, unleſſe by preſcription, 290.
Reſiants
And Suitors to a Leet Who are, 65.
Ryots.
Routs, unlawfull aſſemblies and forcible entries, 36. and 37.
Roy.
Ordained of God for Government. The King is alwaies of full age, 2. To diſobey the King or Law is iniquity, 5. and 6. He is the Lord of narrow Seas, 45. He ought to ſcowre the Sea of Pyrats, 45. He ought to defend Banks and Sewers of the Sea, 46.
Roigne.
The wife of the King differs from another marryed wife, 2. Aſſurance of her power 39.
Steward.
ANd his Authority in Leet, and that he is a Judge of Record. 81 & 82 He may amerce any of his own head without cauſe. 154
Seiſin.
Of what thing it ſufficeth to have Ward, Aſſ. Advow, and what not. 287
Serement or Oath of Officers.
Of the Reve, Bailiff, and Heyward, &c. 91
Deſiners, Affirors, Aletaſters, and Conſtables. 92
Several Tenancy.
In what Action it may be pleaded, and where he ought to maintain his Writ, without that, &c. 476
Servant.
See before Husband and Wife. 364
Statutes.
How it ſhall be expounded and taken by intendment.
Suit of Court.
Suit by Charter or Preſcription. 291
Coparceners, and Joint-tenants. 291
Suit by Coparceners of the King. 292
By Attorney, and not by Tenant in Dower. 293
Tenant in Fee.
Leaſe for years upon condition, if he diſturbe he ſhall have Fee. 296 Where the Fee in expectancy, and where executed. 298 See 149. b. and by deviſe 298 Where the Remainder is upon limitation and upon condition. 298
Tenant in Tail.
What is an Eſtate Tail and what not. 301 Leaſe by tenant in taile, 302. Taile and forfeiture by attainder, 303. Tenant in taile, reverſion in the King, and rec. Fine with Proclamation, 355.
He charged where he is bound in a Statute or Recogniſance, and dyeth, 355. What is diſcontinuance of it, and what not, 355. What recovery, the Iſſue in taile may falſifie, and what not, 307. Where a double Voucher, and where a ſingle is to barr, 308
What debt due to the King ſhall binde the Iſſue in taile, 308. Recovery againſt tenant in taile, where the reverſion is in the King, the Iſſue is not bound, by 34 H. 8. 308
Tenant in Frank-marriage.
After marriage as before, 310. With a woman that is not cozen, it is no Frank-marriage, 310
After they are divorced, the woman ſhall have all, and where in Tail, a Free-hold, 310
Tenant after poſſibility of Iſſue extinct.
Shall not have aid, nor waſte, and waſte doth not lie againſt him. 312 Is not compellable to attorn, and if he alien, he in Reverſion may enter. 312
Tenant by the curteſie.
VVhere he hath Iſſue a Daughter that ſhall not inherit, yet he ſhall be, and where a woman hath poſſeſſion in Deed and where not, 312. 313.
A woman attaint, the Husband ſhall be where he is born alive, and doth not cry he ſhall be, 313
Tenant in Dower.
See before Dower. 314.
Tenant for life
VVhat is an Eſtate for life and what not, 320.
Tenant for years.
VVhere the Husband lets dies, and where a Parſon, Prebendary, or Tenant in Dower and dies, 320. 321. VVhere Tenant is and dies without Iſſue, and where Barr, 321. Leaſe for life, and forthwith another for years, Biſhop only and where he and the Chapter, 323. He grants ſo much as ſhall be behinde the time of his death not good. 303
Tenant at will.
He lets for years this is a Diſſeiſin. 324
Releaſe to him is good, he need not attorn Leſſor dyes, 324
Makes waſte it ſeems action upon the caſe lies. 324
He ſhall Houſe-boot, and debt lieth for his Rent, 325
Tenant at ſufferance.
VVho is and what Acts he may do and what not, 325.
Tenures.
In cheife is meerly of the King as of his Crown, 406.
Of the King as of an Honour, Caſtle, Mannor are not in cheife 406. To be held of the Dutchy of Corn waile, Caſtle of Dover, of the Honour of Barkhamſtead are Tenures in cheife, 409. Of the King in Burgage is Socage, 407, To hold of us by Fealty and two pence is Socage in cheife, 409. But where it is of us of the Mannor of E. by Fealty and 2d. it is not Socage in cheife, 409. Grand ſerianty and petty ſerianty, 409. Rent held of the King, 409. Of what Tenure the King ſhall have the firſt Seiſin, 409 Advowſon, Fiſhing, Meſnalty, lies in Tenure, 411, VVhere he ſhall hold for that part, 413. The whole thing, &c. 412. Rents of Monaſteries gon and not of Chantryes, 414 Office found for the King and omit Rent, Coppi-holder, Common, &c. and of what ignrvant, 415.
Treſpaſſe.
It doth not lie where he hath Goods by delivery, if it be not a Servant without Maſter, 324. Aſſaults and Affraies 74.
Traverſe.
VVhichWhich is but a ſuppoſall, and what matter in deed traverſable, 477. where the Defendant justifies at another day, and ought to traverſe before and after and where one only, 480. Of the County and Town where it is locall, and in another Town in the ſame County. 482 where the Defendant juſtifies in treſpaſs tranſitory in another County he ought to traverſe the County, 484. Treſpaſs tranſitory Defendant may juſtifie in the ſame County in another Town without traverſe 484.
Treaſons.
Small Treaſons what they are, 47.
Treaſure trove.
In the Land and in the Sea,. 78.
Triall.
See Court Baron, 225.
Waſte.
BY Guardian in Socage, Tenant by Elegit and the remedy 339. A woman Termor takes a husband which makes waſte and dies, the wife ſhall be charged, otherwiſe it is of a Leaſe to them, 336.
Against whom it ſhall be brought, and againſt whom not, and where the Statnte ſhall he rehearſed, 336. 337. VVhere the Plaintiff ſhall ſay, by demiſe or by gift by will 337. where he ſhall recover all or but the place waſted, and what a Guardian ſhall looſe 337. 338. what is good Bar in waſt, 338.
It ſeems it doth not lie againſt Tenant by Elegit, but Account, but againſt a Guardian in Socage. See, 339. Suffer Land to over-grow with thorns is not, but to drownd, which is clay, or Meadow made Arable, it ſeems is 330. Falling by tempeſt, where it was uncovered, at the time of the Leaſe, by Enemies ali…n is not, 331. To ſuffer a houſe to be uncovered, that the great timber rots. 331 VVhere a Furnace …ixed, and where not, 331 Repair before writ, is no …ſte, 331 He may cut Trees to repair, where it is …ayed, and Keynes cut down, and dead wood, 332 …utting thoſe which have uſed to be cut within theſe twenty or ſixteen years, is not, 333 Cutting VVillows within view, Haſels under great Trees, barking under-woods, is, 332 Cutting wrong-lands, See cutting Keines, 333 To eat the Springs, cutting green wood where there is dead, and white-thorn is. 333 For what one ſhall be puniſhed, and for what not. 332 VVhere it ſhall be, (which he holdeth) and where which he did hold. 335
Waters.
Fiſhing in the Sea, and the Sea flowes, and reflowes. 46 Common fiſhing. 45 Frank fiſhing. 46 Several fiſhing, and frank fiſhing. 46
Waive.
If the Owner make freſh Suit, and brings Appeal, and now upon Indictment. 80
Watch.
Of time, and what perſons. 97 wines. 39.
Wreck of the Sea.
He may have that by preſcription. 24 See freſh victuals. 24 what is wreck and what not. 24
Villainage.
How that begun, and villaine Executor, and where ſale before ſeiſure, 326. VVhere he is infranchiſed for a time, and where for ever, 327. Lord or villaine is Plaintiff makes Attorney, or ſues Recordare, is not enfranchiſed, 328. Perqueſite, how the Leſſ. and how the perſon ſhall have, 328.
Lord and Villaine vouch or Imparle, or is made Knight, it is an infranchiſement, and to be of a Jury is infranchiſement, 328. Enfeoff his Villaine, makes obligation, Leaſe is, 328. See Surrender.
View.
Where the firſt writ abates, he ſhall have in the ſecond, and where not, 417. VVhere ſhee is outed in Dower, and where not, 417. See Dum fuit infra aetatem, and Non compos mentis, 518. In Aſſiſe Attaint, Quod ei deforceat, Entry in the Quibus, he ſhall not have, 418. In Aſſiſe of Nuſance, Curia claudenda, Cum in vita, Quod permittat, Admeaſurement he ſhall have, 419. In Aſſiſe of an Office he ſhall have, 420.
Unques priſt
If he ſaith yet ready, he ought to tender to the Court; or to ſay that it is ſo heavy, that he cannot bring it with him, 485 Dower, where the Tenant is eſſoyned, he is not eſtopped to ſay yet ready, 486 Debt, at the Diſtringas if he cometh, he is not eſtopped, otherwiſe it is in Annuity, 485, 486 After Imparlance he ſhall not ſay, yet ready, 486 VVhere he ſhall ſay, Ready at the place, 486 VVhere it is collateral, he ſhall not ſay, yet ready, but that he tendered at the place, 48, 76, 487 VVhere it is of a thing within, he ſhall ſay, yet ready, and without not. 487