Jurisdictions, Part 37 – Part 39
Chattels.
IF a Diſſeiſor ſow the Land, and ſever that before the Diſſeiſee re-enter, the Diſſeiſee cannot take the Corn, for they are Chattels, and come by his induſtry, but otherwiſe it is of Trees cut by the Diſſeiſor, and made in Fagots, or Graſſe made in Hay, which come by the Soil, 5. H. 7. fol. 16. and 2. H. 7. fol. 2. the ſame.
39. Ed. 3. Tit. The Writ is of Goods and Chattels, and the Count of Corn, and ten pounds in money, and for that that money is not Goods and Chattels, he abridged that.
7. Ed. 6. Tit. Grants, 55. A man grants all his Lands and Tenements in D. a Leaſe for years doth not paſſe, that is, where he hath Lands in fee in D. and alſo a Leaſe there.
37. H. 8. Done, 41. It is ſaid for Law, that if a man give all his Lands and Tenements in D. by this a Leaſe for years doth not paſſe, for (Lands and Tenements) ſhall be intended, Free-hold at the leaſt.
10. Ed. 4. fol. 1. If an Executor give all his Goods and Chattels, the Goods of the Teſlator do not paſſe and clear, the Giver ſhall not forfeit them.
28 H. 8. fol. 4. by Elliot, If a man give all his Goods and Chattels, Hawks nor Hounds do not paſſe.
18 Ed. 4. fol. 14. For that they are of a wilde Nature.
9 H. 7. Tit. Grants, Brook, 87. If a man hath Lands in Leaſe, and is ſeiſed of other in fee, and make a Feofment of them both, and Livery onelyonly in the Land in fee, the Land for years doth not paſſe.
8 Ed. 4. fol. 4. by Pigot. Where a man gives to me a Deed of Feofment, then I have not the Land, that is but a Chattell in me.
39 Ed. 3. Tit. Charters, 6. A man granteth the next Advouſon to J.S. and his Heirs, it is but a Chattell, for it is but for one turn; the ſame Law for a Leaſe to him, and his Heirs for twenty years, 136. the ſame, Book of Aſſiſes, 22.
21 H. 7. fol. 26. A man ſeiſed in fee maketh a Furnace of Lead in the middeſt of his Houſe, which was fixed to the Walls, and died, the Heir ſhall have that, and not the Executors, for it is fixed to the Free-hold, and not a Chattell; the ſame Law is of Fats fixed in a Brew-houſe or Dy-houſe; and at this day is the like of Glaſſe, though there it was held the contrary; but it ſeemeth where the Termor fixeth ſuch things, he may take it within the Terme, but after the Terme not; and the Heir ſhall have Table-dormants, and thoſe things which cannot be attached in Aſſiſe.
Stamford, 45. Chattels are as well Chattels moveables as not moveables, and Leaſes and Chattels are the Corn growing, and right of Action, and an Obligation made to a Felon, and Money out of a Bag, and Corn out of a Sack, are Chattels.
10 Ed. 4. fol. 1. It ſeemeth where one gives all his Goods and Chattels, the Charters of the Giver doth not paſſe: See 4 H. 7. fol. 10.
38 Ed. 3. Tit. Charters, 24. It ſeemeth that Charters are but Chattels.
8 Ed. 4. fol. 4. If one give to me a Deed of Feofment, whereof I have not the Land, this is but a Chattell in me.
21. Ed. 4. fol. 80. Writings may be laid to pawn for Money borrowed, by which it ſeems that Writings are Chattels in divers Caſes.
37. Aſſiſe, 11. A Woman hath Execution by Statute-Marchant of Land, and takes a Husband, this is a Chattell, and for that the Husband may give it.
24. Fd. 3. Tit. Charters 5. by Thorp, The Eſcheator may ſeiſe the Ward, though there be no Office found, for it is a Chattell, and veſted in the King without an Office.
4. H. 7. fol. 10. Where Tenant in Tail diſcontinues and dies, the Deed in Tail belongs to the Heir, before he hath re-continued his Eſtate in the Land, and it is no Chattell, but an Inheritance; for if one give all his Goods and Chattels he ſhall not have ſuch Deeds.
Now let us ſee that the not uſing of Priviledge and Liberty is the cauſe of ceaſing of that, and where not: I intend not uſing of Liberty, which is for the benefit of the party, this is no cauſe of ceaſing, but where it is for the Commonwealth; not uſing is a cauſe of ceaſing, and miſ-uſing is a cauſe of ceaſing for ever.
IF one have Liberties and do not uſe them within memory, all is gone, 14. H. 7. fol. 1.
Not uſing of the Office of Clerk of the Market, is cauſe of ceaſing, for that is for the Common-wealth, 2. H. 7. fol. 11.
By Billing, by miſ-uſing, and not uſing alſo of Market ſhall ceaſe, 2. H. 7. fol. 11. & 15. Ed. 4. fol. 7.
Where the Abbot of S. Albans had a Gaol by Franchiſe, and would not be at coſts with the Juſtices of the Gaoldelivery, to make Delivery of Priſoners, and kept them long in Priſon, for that it was ſeiſed into the Kings hands, 8. H. 4. fol. 17.
If the Lord of the Franchiſe refuſe to do a thing commanded by the Court, as to bring in his Priſoners, it is a forfeiture of his Liberty, contrary where it is commanded by proceffe, by Huſſey.
If a Lord refuſe to do right, or miſuſe his Franchiſe by himſelf or by his Bailiff, or Deputy or do not uſe his Franchiſe, that ſhall be reſeiſed, and all Lords which have franchiſes ſhal attend upon the Juſtices of Aſſiſe in perſon, or by their Bailiffs or otherwiſe they ſhall forfeit their Franchiſes 20. Ed. 4. fol. 5.
Confirmation.
NOte that there need be no Confirmation of a Charter of grant of Liberties, after the death of every King as it is uſed, 1. R. 3: fol. 4. But otherwiſe it is of Officers judiciall, 33. H. 8. tit 203. If the King grant the Chattells of Felons to one and dies, there need no confirmation of that, otherwiſe if there were a Faire or a Market granted, or a judiciall thing or a miniſteriall Office granted.
Suit.
Then the next branch of Charge is Suitors and for that let us ſee, who are reſident which ought to make Suit at the Leet and who not.
SUite reall is at a Leet, Reſidents.and this is by reaſon of their reſidence, 12. H. 7. fol. 17.
Eitzh, 160. B. A man which is not reſident but hath Lands within the Leet, ſhall not be deſtreined, (but where he is dwelling) to make ſute to the Leet, Marlebridge chap. 10, Who have Tenements in diverſe Hundreds, have no neceſſity to come to theſe Turnes, unleſſe in the Bailywicks where they are dwelling where the Maſter is reſident, and alſo his Servant in ſome Leet as well the Maſter as the Servant, 2 H. 4. fol. 17.
Men of Religion, Clerkes, Knights, nor Women ſhall not be Deciners, Fitzh, fol. 160. C. Regiſter, fol. 181. Britton fol. 19.
It is provided, that they have no need to come, Raſt. County 2.Arch-Biſhops, Biſhops, Abbots, Priors, Earles, Barons, nor any religious Men, or Women, Marlebridg chap. 10.
A man ſhall not make Suite twice to two Leets of ſeverall men for his reſidency, but one time to one and another day to another he may, but one may come twice to the Leet of one perſon, and yet may be charged to come to the Turne of the Sheriffe, 18 H. 6. fol. 13.
Every man ought to be attendant to a view of frankpledge, 21 Ed. 3. fol. 12.