Jurisdictions, Part 148 – Part 149
View.
Where one ſhall have View of Land in a Writ, or Plaint in nature of a Writ of Land, and where not.
THe View is not to be granted, but where it is neceſſary, and if any Writ abate, by a dilatory exception after the View, as by non-tenure, ill naming the Town, or ſuch like, he ſhall not have the View in the ſecond Writ which iſſueth, alſo in a Writ of Dower where her Husband hath aliened to the Tenant, or his Anceſtors, although the Husband died not ſeiſed, the Tenant ſhall not have the View, and alſo in a (dum ſuit infra aetatem) (not of a right mind) and ſuch like, the View ſhall not be granted, Weſt. 2. Chap. 48.
1 H. 5. fol. 11. upon the Reſummons of Dower, the Tenant demanded the View, the Demandant ſaith, her Husband died ſeiſed, by which Judgement, and prayed that he be outed, and he was outed by a Ward, 5 H. 5. f. 4.9 H. 5. fol. 4. f. 9.
9. Ed. 4. fol. 6. Dower, the Tenant demands the View, and held where the Husband aliens, the View is outed by the Statute.
2 H. 4. fol. 2. Dower, the Tenant hath the View, notwithſtanding that he diſſeiſed the Husband, See 7 Ed. 4. fol. 19.
11 H. 4. fol. 38. Dower, the Husband did not die ſeiſed, and this was the Counterplea to out him of the View, 5 H. 5. fol. 4.9 H. 4. f. 9.
44 Ed. 3. fol. 31. Dower of Rent, for that, that the Husband was ſeiſed of Land, he was outed of the View by ſtatute.
21 Ed. 4. fol. 26. Dower, where the Husband dies ſeiſed, and in Aſſiſe where Jurors have the View, and where the Tenant takes knowledge of the Land in Demand, as in action againſt two: One ſaith, that he is Tenant of all, in theſe Caſes he ſhall have no View.
33 H. 6. f. 57. Dower of Lands in diverſe Townes, and to parcell the Tenant pleads Barre, and demands the View in one Town, and ſhall not have it, for that, that he hath notice of parcell.
9 H. 6. f. 65. Waſt, if ſix of the Jurors have not the View, the Inqueſt ſhall not be taken, 9 Ed. 4. fol. 1. In Waſte and Aſſiſe, the Jury ſhall have the View. 21 Ed. 4. f. 26.
3 H. 4. f. 16. In Attaint upon verdict of Aſſiſe, the Jurors ſhall not have View, for in this Writ it is not, (let them ſee the Land) and yet in Aſſiſe, and Certificate in Aſſiſe, the Jurors ſhall have the View, 7 Ed. 4 f. 1.
22 H. 6. fol. 27. Entrie in two Acres, and the Tenant pleads in Barr to one, and demands the View of the other, and ſhall not have it, for he hath taken notice of parcell, and intended of all, 2 H. 4. f. 26.
7 H. 4. f. 9. Defendant ſhall not have View in an Action upon the Caſe, for that, that it is perſonall, 7 H. 4. f. 32. the ſame, 46 Ed. 3. fol. 27.29 Ed. 3. fol. 43. the ſame.
3 H. 6. fol. 34. The ſtatute is, for ill naming the Town, by non-tenure, and ſuch like, if the Writ abate after the View, he ſhall not have the View, in the ſecond Writ, and yet ſaid, that if the firſt Writ abate for falſe Latine, that he ſhall not have View in the ſecond Writ, but where the firſt Writ abates for form, as where the name of the Wife was put in the Writ, before the name of the Husband, he ſhall have View in the ſecond Writ, for that veſts the fault in the Partie.
10 H. 4. fol. 6. Precipe, The Tenant hath View in the ſecond Writ, where the firſt was diſcontinued after the View.
12 H. 4. fol. 4. Precepe againſt two, where one dies after the View, and the Writ abates, yet in the ſecond Writ againſt him which is alive, he ſhall have View.
12 H. 4. fol. 11. Where the firſt Writ abates for falſe Latine, and by Thirne hath the View in the ſecond Writ, Seek.
13 H. 4. fol. 8. He hath the View in the ſecond Writ: where the firſt was abated by excepion of the Tenant.
13 H. 4. f. 14 The Tenant hath the View in the ſecond of VVrit of 6 Acres, where he had the View in the firſt Writ of 6 Acres, abate, 42 Ed. 3. fol. 23. Precipe, where after the View, the firſt VVrit abates by death, and in the new by miſcounts, he ſhall not have View, 43 Ed. 3. fol. 35.
42 Ed. 3. f. 33. Precipe abates by falſe Latine, and in a new by miſcounts, he ſhall not have the View, 7 H. 6. f. 36. the ſame, 46 Ed. 3. fol. 16. In a VVrit of Beſayle, he ſhall not have the View, where he had View before in a VVrit of Cozenage, which was miſconceived before of the ſame Land, and for that abates.
46 Ed. 3. fol. 34. In a dum fuit infra Aetatem, the Tenant ſhall not have the View where a diſmiſſion was made to the Tenant by his Anceſtor.
48 Ed. 3. fol. 31. In a dum fuit infra Aetatem, the Tenant ſhall not have the View, for he is out by the ſtatute.
29 Ed. 3. fol. 39. In dum fuit infra Aetatem, in the per and cui, the Tenant ſhall have the View, otherwiſe, where it is in the per onelyonly, for he is there outed by the ſtatute.
22. Ed. 3. fol. 9. Precipe, The tenant hath the View, and after the Demandant was non-ſuited, and after brought another VVrit, and the tenant demands another time the View, and had it.
24 Ed. 3. fol. 48 Precipe, the tenant abated that by waging of Law, of not ſummoned, and yet in another brought freſhly, he ſhall have the View, but he had not that in the firſt.
38 Ed. 3. fol. 1. Precipe, Againſt Husband and Wife, they have the View, and the Husband dies, and in a new Writ freſhly brought, the Wife demanded the View, and was outed, for it is not neceſſary, 29 Ed. 3. fol. 22.
38 Ed. 3. fol. 41. VVhere the firſt VVrit abates by no ſuch Town where he had the View, and yet in the ſecond VVrit, he ſhall have the View.
30 H. 7. f. 8. (Cui in vita) the firſt VVrit abates after the View, for that he did not ſhew of whoſe Demiſe he claimed in the ſecond VVrit, he was outed by Fineux, and Davers, and by Vaviſor, ſaid, he ſhall have the View in the ſecond, if the firſt were not abated for any cauſe which comes upon the View, unleſſe it were by death abated.
41 Ed. 3. fol. 8. Quod ei deforceat, The Defendant ſhall not have View, for he is outed by the ſtatute, 41 Ed. 3. fol. 30. the ſame, 44 Ed. 3. fol. 42. the ſame.
41 Ed. 3. fol. 8. Quod ei deforceat, The Defendant ſhall not have the View, for he is outed by the ſtatute, 41 Ed. 3. fol. 30. the ſame, 44 Ed. 3. fol. 42. the ſame.
41 Ed. 3. f. 22. Aſſiſe of Nuſance, the Defendant ſhall have the View.
46 Ed. 3. f. 27. Curia claudenda, the Tenant ſhall have the View.
48 Ed. 3. f. 4. Geſſavit, the Tenant ſhall have the View, where it is of his own ceaſing, where he is Tenant of the Land, and not Tenant to the Lord, for he is as a ſtranger.
2 H. 4. fol. 6. Ceſſavit, of the Seiſin of his Father, and of his own ceaſing, he ſhall not have View, for that it is of his own wrong, 7 H. 4. f. 16. the ſame, 2 H. 4. f. 14.
37 H. 6. fol. 28. Ceſſavit, where it is of his own ceaſing, he ſhall not have the View, 4 H. 6. fol. 29. the ſame.
7 H. 6. fol. 47. Entry upon diſſeiſin of Rent, the Tenant hath View of the Land, out of which the Rent is iſſuing. 8 H. 6. fol. 66. the ſame.
35 H. 6. fol. 70. Entry in the quibus of a Mannour, ſaid, that the Tenant ſhall not have the View, for he is in by wrong, 28 H. 6. fol 1. the ſame.
3 H. 4. fol. 16. Aſsiſe, Jurors have the View, but the Tenant ſhall not have the View.
6 Ed. 4. fol. 1. Quod permittat, the Tenant ſhall have the View, though it be in Debet & ſolet, which is of poſſeſsion, and not of Right, 30 Ed. 3. fol. 4.
2 H. 4. fol. 14. Quod permittat, of turning water, View was demanded in this VVrit, and he had it.
8 H. 6. f. 75 Admeaſurement of Paſture, he ſhall have the View of the Land out of which, &c. but not in perſonal Action, not in Waſte, where Jurors have the View; 9 H. 6. f. 41 the ſame.
3 H. 4. f. 10 Dower of Rent, the Tenant hath the View of the Land out of which it is iſſuing, and ſaid, that he ſhall have it, though the Husband died ſeiſed of the Rent: but ſee 44 E. 3. f. 31 if the Husband die ſeiſed of the Land, ſhe ſhall not have the View.
22 H. 6. fol. 12 Aſſiſe of Profits of an Office, the place where he holds his Office ſhall be put in View.
13 H. 7. f. 10 Cui in vita, the Tenant ſhall have View, and yet the Statute is, if a Diſmiſſion be made to the Tenant, and not to his Anceſtor, the View is not to be granted, but ſhe claimes from her Husband, and not by the Demandant or his Anceſtor.
Pleas after the View in Abatement.
FOrmedon, one cannot plead in Abatement after the View, unleſſe it be a thing which cometh upon the View, but where it appears to the Court that it wants form, or is falſe Latine, the Court, Ex officio, will abate it, 41 Ed. 3. f. 29.40 Ed. 3. f. 35.
44 Ed. 3. f. 14. Formedon of a Houſe, and in the percloſe of the Writ there is a Houſe and Meadow, and after View the Tenant cannot ſhew that in Abatement, for that it is but a Surpluſage.
49 Ed. 3. f. 20. Formedon, after View the Tenant cannot plead in Abatement, that any of the Degrees were omitted, for it is not apparant to the Court.
50 Ed. 3. f. 9. Formedon, the Tenant may plead ancient Demeſne, after the View, for it may be that parcell in the Town is ancient Demeſne, and parcell frank fee, and that cometh upon the View to know that.
11 H. 4. fol. 70. Formedon, where is matter apparant in a Writ to abate that, he may plead that after the View.
7 H. 6. fol. 39. After the View one cannot plead no ſuch Town, but he may ſay, that the Tenements are in another County, for that cometh upon the View, but after the View he cannot plead to the Juriſdiction, yet he may plead that they are in C. and that they are impleadable there, and demand Judgement of the Writ, and not Judgement if the Court will acknowledge.
19 H. 6. fol. 10. Dower, of a Free-hold in D. & S. after View one cannot plead no ſuch Town of D. for he is eſtopped of that, for that he hath knowledge of the Town before the View, but he may plead Joint-tenancy, and non-tenure, which comes upon the View.
5 H. 7. f. 8. If the View be denied where it is grantable, it is Error, otherwiſe it is if it be granted, where it is not grantable, 8 H. 7. f. 11. the ſame.
36 H. 6. fol. 17. Right of Advowſon, the Defendant demands the View, for that there are two Churches in the ſame Town, and to out him of the View, Plaintiff ſaith, that there is but one Church there, Ready, &c.
3 H. 6. fol. 57. Dower by Husband and Wife, the Tenant pleads that the Wife is an Alien, born in Portugal out of the Allegiance of the king: Judgement if he ſhall be anſwered: the Plaintiff ſaith, that by Parliament ſhe was made perſonable: and now the Tenant demands the View, and had it, for though his Plea before was as a Barr, he pleaded that as to the Perſon, and not to the Action; and for that ſhall have the View, otherwiſe it is if he had pleaded a Barr.
14 H. 6. fol. 8. Precipe againſt two, where one acknowledgeth the Action, the other ſhall not have view.
26 H. 8. f. 2. Precipe, againſt two, one imparles, and the other hath the View, by Fitzh.
The third Part of this Book, cheifly for Pleading.
Abatement.
Something of Pleadings, for the Instruction of the Steward, ſhall be ſaid here following.
TReſpaſſe upon the Statute of Richard, the Defendant ſaith, that J. F. let to him, and the Plaintiff made Title, and that J. F. abated, and let to the Defendant, the Defendant maintains his Barr, and traverſes the Abatement, and that is not good, for Iſſue ſhall not be upon the Abatement, 3 H. 7. f. 7. & 18 Ed. 4. f. 1.
Entry upon Diſſeiſin, Iſſue cannot be taken upon Abatement: the ſame Law is of Intruſion, 14 H. 6. f. 6.
Iſſue ſhall be upon the Affirmative and Negative, and not upon Plea by Argument, but upon traverſe the Affirmative.
COnſpiracy, he is alive, without that, that he is dead, 7 H. 7. f. 6.14 H. 6. f. 9.19 H. 6. f. 4. & 35 H. 6. f. 60.
Treſpaſſe, the Defendant iuſtifies for Fealty not made; the Plaintiff ſaith, it was not unmade, and good, 9 H. 7. fol. 12.
Debt againſt J. S. of D. the Defendant ſaith, that he is dwelling at S. and ſhall ſay, and not at D. in the Negative, 4 H. 6. fol. 4. 2 Ed. 4. fol. 1.4 Ed. 4. fol. 44. & 10 Ed. 4. fol. 12.
Treſpaſſe, the Defendant ſaith, that the Free-hold was to J.S. which let to him at will, the Plaintiff ſaith, that the Free-hold was to him, and not to J. S. in the Negative, 11 H. 4. f. 90.
Where the Defendant ſaith, that the Plaintiff is a Baſtard; and the Plaintiff ſaith, he is Legitimate; he ſhall ſay, and not a Baſtard, 19 H. 6. f. 17 & 11 H. 6. f. 53
Treſpaſſe againſt J. S. of Fenton, the Defendant ſaith, that he was dwelling at E. and ſhall ſay negatively, and not at Fenton, 19 H. 6. f. 1.
Action upon the Statute of Laborers, the Defendant ſaith, that he was in the Service of J. S. and ſhall ſay, and not Vagrant in the Negative, 11 H. 6. f. 1. & 52.
Action upon the Caſe, for that he hath a Leet, and Fines and Amerciaments of the ſame; the Defendant ſaith, that well and true it is, that the Plaintiff hath a Leet; but he ſaith, that he hath not the Fines and Amerciaments, and ought to ſay, without that, that the Plaintiff hath the Fines and Amerci aments, 38 H. 6. f. 16
Falſe Judgement, Iſſue was, that one ſaith, that he was dead, and the other ſaith, that he is alive, 14 H. 6. fol. 9.19 H. 6. f. 4. the ſame.
Where one pleads out of his Fee, the other ſaith within, without that, that it was out in manner and forme, 11 H. 4. fol. 10
Formedon in reverter, and counts of a Gift in Tail, &c. the Defendant ſaith, that the Donor gave in Fee, and it is not good, for it is but an Anſwer by Argument, and for that he ought to traverſe the Gift in Tail, which is ſuppoſed by the Plaintiff, 2 H. 6. f. 15.
Scire facias againſt the Parſon of D. of Arrerages of Annuity; the Defendant ſaith, that before the Writ he reſigned to the Biſhop of L. and ſo that remained in his hands: Judgement of the Writ, and it is but a Plea by Argument, that is, that he is not Parſon, and for that it is not good without concluding, and ſo not Parſon; 7 E. 4. fol. 16.