Jurisdictions, Part 70 – Part 72
Seiſin of Aſſiſe.
What Seiſin is ſufficient to have Aſſiſe, and what not.
THe Warden of an Hoſpitall ſhall have an Aſſiſe of Rent, where his Predeceſſor was ſeiſed, and not he himſelfe, for the ſeiſin of the Predeceſſor is the ſeiſin of the Houſe, 15 Ed. 3. Tit. 39. accordingly of an Abbot and Prior, Fitz. fol. 179. c. and 8. Aſ. 16.3. Aſ. 5. according alſo of a Chauntry Prieſt, 34. Aſ. 5.
Aſſiſe is not maintainable againſt him which hath but a free hold in Law, for of that ſeiſin, an Asſiſe doth not lye, and yet of that ſeiſin a Wife ſhall be endowed, Litt. fol. 152.
If a man which hath a title to enter ſet his foot upon the Land and is outed, that is a ſufficient Seiſin to have an Aſſiſe, 22 Ed. 3. Br. Seiſin 52.
If one put in his Beaſts to uſe my common by my commandement, this is a ſufficient Seiſin for me to have an Aſſiſe, 45 Ed. 3. fol. 25.22 Aſſiſe 84.
Reverſion is granted to J. S. and the Tenant for life attorne and dies, and J. S. enter by the Windowes, for that he cannot enter by the doore and when one half of his Body was in, he was pulled out, and yet that is a ſufficient Seiſin to have an Aſſiſe, 8 booke of Aſſiſes fol. 25.
Seiſin of Fealty is not ſufficient Seiſin to have an Aſſiſe of Rent, but it is ſufficient Seiſin to make Avowrie, for all that is as well for the Rent as for the Fealty, 44 Ed. 3. fol. 11. by Thorpe, 3. Ed. 3. Tit. 40: 3. Ed. 3. Journey to Norfolk, 20. H. 3. Tit. 433. 49. Ed. 3.15. and 45. Ed. 3: 28.
A Leaſe is made for life reſerving foure Markes Rent, and the Leſſor is ſeiſed of twenty ſhillings of that, and taketh diſtreſſe for the remainant, and Reſcous is made, and though but twenty ſhillings be received, yet that is a ſufficient Seiſin to have Aſſiſe of all, 8 Ed. 3 fol. 12. Tit. 141.8. Aſſ. 4.5. E. 4.2.12. E. 4.7.
If the Lord of a Rent ſervice grant the ſervice to another, and the Tenant attorn by a penny, and after the grantee diſtrains, and the Tenant makes Refocus, here was no Seiſin to have Aſſiſe of Rent, but if the gift of a penny had been in name of Seiſin and attornment, otherwiſe it is, 5 Ed. 4. fol. 2. Littleton fol. 127. b.
Lord and Tenant are, the Lord grants the Rent of his Tenant by a Deed to another ſaving to him the ſervices, and the Tenant attorns to that, this is Rent ſeck, and if the Rent be denied at the next day of payment he hath no remedy, but if the Tenant when he attornes or after will give a penny or a half penny in name of Seiſin of the rent, then if after the next day of payment, the Rent be to him denyed, he ſhall have an Aſſiſe and that is a ſufficient Seiſin to have an Aſſiſe for all the Rent, Littleton fol: 42.
Seiſin of parcell of Rent is ſufficient to have Aſſiſe of all the Rent, 8 book of Aſſiſes 4.
Seiſin of Fealty is not ſufficient Seiſin to have an Aſſiſe of Rent but Seiſin of Eſcuage is Seiſin of Homage, 21 E. 3. fol. 52. Nat. Brevium fol. 109.5. Ed. 2 Avowrie 209.
Uſing of common by Tenants at will, is ſufficient Seiſin for him in Reverſion to have Aſſiſe of common, If he or his Tenant at will be diſturbed, 22 Aſſiſe according Fitzh. fol. 180.
By Brudnell, of a thing tranſitory a man ſhall be in poſſeſſion without ſeiſure, as my Tenant dies, his Heire within age I ſhall have a Raviſhment of ward without a Seiſer, but I ſhall not have an ejectment of ward of Land which is locall, nor Aſſiſe of Land, without firſt having poſſeſſion indeed, 14 H. 8. fol. 27.
If one recover and be put in by a Clod in the half by the Sheriff, and he againſt whom the recovery was, will not go out, yet that is a ſufficient Seiſin to have an Aſſiſe 2 Ed. 2. Tit. execution 119.
If a man holds of the King in cheife, and holds other Land of another Lord and dies, his Heire within age, which intrudes at his full age, and paies his Rent to the Lord, this is a good Seiſin to have an Aſſiſe, notwithſtanding that he hath not ſued Livery, for the Signiory was not ſuſpended by the poſſeſſion of the King, but only the diſtreſſe, for after Livery the Lord may diſtraine for his Arrerages, 34 H. 8. Tit. 48.47. Ed. 3. fol. 12. and 13. H. 7. fol. 15.
Pleas of Aſſiſe by Bailiff.
Alſo it is expedient for you to know what Pleas the Bailiff in Aſſiſe ſhall plead, and what the Diſſeiſer, and what the Tenant after the Bailiffe hath pleaded.
BAiliff may plead a Plea which is triable by Aſſiſe, and none other, 6 H. 7. fol. 15.
Pleas of a Bailiff ought to be ſuch which are triable by the Aſſiſe, and for that he cannot pray aid of the King, 8. H. 7. fol. 12. and 1. booke of Aſſiſes 1. accordingly.
The Bailiff ſhall have any Challenge to an array and to the heads, 9 H. 7. fol. 24. and Abridgment book of Aſſiſes, fol. 48. the ſame.
The Bailiff may plead non-tenure or miſ-naming of the Plaintiff, but not of his Maſter and conclude, if, &c. 22 H. 6. f. 44.9. H. 7. f. 24.26 Aſ. 61:
Bailiff may plead, that the Tenements are in another Town, for that is an abatement, 9. H. 7. fol. 24 Abridgment Aſſiſe f. 47. and 6 H. 7. f. 15. accordingly; but 22 H. 6. fol. 50. ſeems contrary, but a Bailiff cannot diſclaim, but an Atturney may, 13 Ed. 3. Tit. 8.
Bailiff pleads out of his Fee, Judgment if without ſpecialty, &c. and he cannot have that at this day, but in 2 Ed. 3. Tit. 10. he hath this Plea, for the Bailiff cannot have any Pleas, but where he may conclude over, and if it be not found, no wrong no diſſeiſin, &c. ſee the Abridgment book of Aſſiſes fol. 47. and 2. Aſſiſe 4.
Bailiff may plead ancient Demeſne, and conclude if it be not found, &c. and conclude to Aſſiſe, otherwiſe Bailiff cannot plead ancient Demeſne, for that, that it is triable by the book of Doomeſ-day, and for that he cannot conclude Judgment, if the Court will acknowledge, Abridgment booke of Aſ. f. 48. and 9. book Aſ. 2, ſee 6 H. 7. fol. 15.
Bailiffe may plead that the Plaintiffe is ſeiſed the day of the Writ purchaſed, and every other exception tryable, by Aſſiſe, 9 Aſ. 4.
Bailiffe cannot plead that the Writ is purchaſed hanging another Aſſiſe, nor not attached by fifteene dayes, for it is tryable by the Record, Abridgment of Aſſiſe, fol. 48. 8 Aſ. 2. and 8 Ed. 3. Aſ. 40.
Bailiffe may plead that his Maſter is Parſon of D. not naming Parſon, and if it be not found, no wrong, &c. 12. Aſ. 4.
Bailiffe may plead miſnaming and joynt-tenancy without Deed, 6 H. 4. fol. 15. and 8 H. 6. fol. 56.
Bailiffe cannot plead Excommunication or outlawry, in the Plaintiffe, for he cannot plead a Dilatory Plea, unleſſe it be tryable by the Aſſiſe, and that he may conclude, and if it be not found, no wrong, no diſſeiſin, 5 Ed. 4. fol 113.
Bailiffe may plead not attached, by fifteen dayes, Abridgment of Aſſiſe, fol. 47.
Pleas of the Diſſeiſor.
THe Diſſeiſor may plead releaſe of actions perſonalls in barr, but not releaſe of actions realls, for none ſhall plead that but the Tenant, Litt. fol. 115.
The Diſſeiſor may plead, that the Demandant hath entred, hanging the Writ, notwithſtanding that, he goes to the Tenancy; and the reaſon which is there made, is, for that that ſuch Plea goes to excuſe him of damages: And note, that there it appeares alſo, that the Diſſeiſor ſhall plead every barr, unleſſe ſach a Barr which goes to the Tenancy, or to extinguiſh the right of the Plaintiffe in the Land, as if he pleads releaſe of all actions perſonals, or that the Plaintiffe hath entred, hanging the Writt, that he may plead, but he cannot plead releaſe of right made to the Tenant of the Land, nor other plea which goeth to the Land, but he ſhall plead every plea to the Writ which doth not extend to the tenancy, as if he had no Tenant named in the Writ, or no ſuch in Rerum natura, and miſnaming of the Plaintiffe, or of himſelfe, 35 H. 6. fol. 13. Contrary, 37 H. 6.3. by Choke: Therefore inquire.
The Diſſeiſor ſhall not plead any plea to the Tenancy, which the Tenant by his admittance hath made good, 26 Book of Aſſiſes, 49.
Diſſeiſor cannot plead in abatement, that the Plaintiffe hath a Writ of an older date hanging againſt him, 45 Ed. 3. fol. 25. and 23. Aſs. 14.
Diſſeiſor cannot plead ancient Demeſne, without taking the tenancy upon him, 21 Aſs. 2.
Diſſeiſor cannot plead Record or Eſtoppell, for by the ſayling of the Record, he cannot looſe the Land, 20 Ed. 3. Brook, Aſſiſe, 403.
Diſſeiſor ſhall plead miſnaming of the Plaintiffe, and alſo that the Plaintiffe is covert of Baron, and if he alleadge outlawry in the Plaintiffe, he ought to have the Record in hand; and note, that the Diſſeiſor in proper perſon, or by Attourney, and not by Bailiffe, pleads that the Plaintiffe hath another Aſſiſe hanging againſt him, as it appeares, 8 Ed. 3. Aſs. 140. See 28 Aſs. 38.24 Aſs. 91. and this ſeemes by the Statute of Weſtm. 2. chap. 15.19 Aſs. 10. and 20 Ed. 3. Aſs. 20.
Diſſeiſor may plead entry of the Plaintiffe after the laſt continuance and joynt-tenancy, for he may plead all Pleas which excuſe him of damages, or which are in barr which doe not extinct the right of the Land, 35 H. 6. fol. 16.
Diſſeiſor may plead outlawry in the Plaintiffe, that is, where the Tenant hath not pleaded and admitted the Writ, 29 Aſs. 61. and 20 Ed. 3. Aſs. 20.
It is ſayd by Babington, That a Diſſeiſor can not plead any plea in barr, but no wrong, or that it ariſeth to ſo much, 2 H. 6. fol. 1.