250 Account of Mánwood's Reading on 23 H. VIII. c. 3. d'un lunatyke ill n'avera forsque le gouvernance dell terre al opus del lunatyke. Item, le ideott ad sa memorye. 40. Item, de knowledge per intervalla, &c. ill convient all roy de trouver luy et familiam suam accord: a son degree, quill fuit quant ill avra sa memorye; mez d'un idyott il ne trouvera forsque sa person, et si le roy prist les profits des terres de knowing per intervalla, ill est mis a son petycion, &c, shall have only the government of the land, for the use of the lunatick. Also, the idiot has his memory. 40. Also, of knowledge per intervalla, &c. It behoves the king to keep him and his family according to his degree which he was of (shall be of) when he had, (shall have) his memory; but of an ideot, he shall only find his person; and, if the king takes the land of one knowing, per intervalla, he shall be put to his petition. Account of a Book of MSS. Readings (No. 5265) in the Harleian Collection of MSS. in the British Museum. THIS appears by a note in the first leaf to have belonged to Mr. Anstis, A. D. 1719; but whether it was wholly collected by him is uncertain. As the book is bound at present, it consists of several different collections of manuscripts in different hands, but from the similarity in the texture of the greater part of the paper, and the form of the margins, I presume the whole was collected together at the time of his note. The contents are as follows: Article 1. fòl. ì. The first Reading of Master Roger Manwood of the Inner Temple, on the Statute of the 28 Hen. VIII. cap. 3, read tempore quadragesimali, A. D. 1565, in the 7th year of Queen Elizabeth. The statute upon which this reading is made in entitled an act concerning the abridgment of plaints in assises, upon which he makes the following, divisions: 1. How, and in what manner of assizes abridgment shall be by the purvieu of the said statute, and in what not. 2. How in other actions in nature of assize abridgment shall be, and in what not. 3. Before what justices, and in what court assizes * In Latin. Maunson's Reading on Tithes, 2 and 3 Ed. VI. 251 shall be suffered to be abridged by this statute, and in what not. This division is considered in three Readings, and in a fourth the Reader treats of what seisius are sufficient to have an assize by abridgment; in the fifth he treats of what forms and manners of writs of assize shall be sufficient, by the common law, or by statute, to have abridgment according to the statute, and what not: and what manner and form of plaints shall be sufficient, so that abridgment shall be according to the said statute. In the sixth, he treats where on pleas in barr, being barrs en fait, the plaint shall be abridged by the statute, and where not; and where on other manner of pleas, queux, abridgment of the plaint shall be by the statute, and where not; and, lastly, in the 7th reading seeing the words are general, he shews what manner of partes to which the barin, deed or in law is pleaded might be abridged, before the making of the statute, and what not; and what manner of partes may be abridged within the purview of the statute, and what not. The whole is very fairly written in law French and old running hand, and is very legible. It consists of twentysix folios, and each folio contains about fourteen items, sections, or cases. ARTICLE II. fol. 29. The Reading of Robert Mounson, Esq. on the Stalute 2 and 3 Edw. VI. intitled an act for the true Payment of Tithes. August, 1565. THIS Reading begins with the following division, fol 29. 1. In what cases predial tithes shall not be in their proper kind as they grow and happen, but in such form as they have of right been paid within forty years before the statute, or of right and custom ought to be paid, the express words of the statute notwithstanding. 2. Also, in what cases such tithes shall be paid by that statute though none were paid, nor of right ought to have been paid within forty years, before the statute; and in what cases none shall be therefore paid, although they were continually paid for the space of forty years before the statute. 3. Also, in what cases such tithest or of right payable within forty years, &c. may be taken and carried away out of places titheable, before the tenths thereof divided or set forth, on or without danger of forfeiture of treble value thereof; the express words of the statute to the contrary notwithstanding. 4. Also, what agreements shall be good to discharge such forfeitures, and between whom and what parsons, vicars, &c. shall have such by the laws and statutes of this realin, Div. 1. § 1, fol. 29, a.Of tithes paid in other formis than they were paid forty years before the statute. $2, fol. 30, t.-None paid although they were paid before the statute. §3, 3, fol. 31, a. Tithes paid... although none were paid before the statute, § 4. fol. 32, a.-What agreements good, and with what parsons, vicars, &c. Fol. 34, a. Second Lecture.-On the proviso of the statute, "no person shall be sued, &c." and of the said prohibitions, Fol. 38. a. Third Lecture.-What prescriptions or pri vileges are good to discharge the land of tithes, or of what manner of tithe by the statute, and what not. Folio 40, b. Fourth Lecture.-In what cases the owners of cattle tithable, feeding and depasturing in such waste or common ground, shall not pay their tythes to the parson, vicar, &c. of the parish, hamlet, town, or place, where such owner inhabits; the express words of the statute to the contrary notwithstanding. Folio 18, b. Fifth Lecture.-First, What shall be said barren estate, or waste grounds, within the meaning of the statute. Also, in what cases barren estates or waste grounds converted into tillage or meadow shall pay tithes during six years after the conversion, and in what cases they shall pay none during such time, although they paid some before; (the express words, &c. non obit; and to what time the said seven years shall have relation. Folio, 46, b. 6th Lecture. Upon what subscript and marks of libells, and by what means exhibicions shall be + Sic. MS, warranted and granted by this statute. Also, what suggestions are good, and what dispositions good proof of them; and what shall be honest and sufficient testimony in proof of them, and what not; and in what time they shall be exhibited. Item, 223. Lectura 7. Upon the purvien of 32. Hen. VIII. what temporal remedies are given for the recovery of tythes, &c. contained in the statute entitled an act for the true payment of tythes. Imprimis, what estates shall be said inheritances, and what not. Item, 245. Lectura 8. Imprimis, what shall be said spiritual estates made temporal or held in temporal hands for lay uses within the intent and meaning of this statute and what not. (247.) Also for what parsonages, viccarages, tythes, or other spiritual profits become temporal, &c. the temporal remedies shall be used, by that statute; and in what cases not. Item, 273. Lectura 9.-Imprimis, what persons shall have the temporal remedies given by this statute, and against whom they lie. Álso in what the temporal remedies of the statute lie, and upon what disseisines or deforcements. Also in what demesnes the temporal remedies of the statute may be without writ out of the chauncerye, or otherwise, although they are given by writ only, by the express words of the statute, the words thereof nient obstant. Item, 309. Lectura 10.-Imprimis, what fynes of parsonages, &c. and other assurances shall be good by this statute, and between what persons and to what things. Also on what writ of covenant or other things than writ of covenant fynes may be levied of parsonages, &c. by the statute. Item, 333. Finis Lecturarum Roberti Mounson Armigeri Lincolniensis Hospitii et in Lincolniensi comitatu nati et educati, 1565, ARTICLE III. Prima Lectura Caroli Calthrope lectoris ibm termino trinitatis anno Regina Elizabetha 16 de tenuris vulgo dict Copyholdes, (folio 61 a to folio 92 a.) THIS is a fair copy in English, of the same reading, as I suppose, which has been several times published. NO. 36. {LL] ARTICLE IV. Lectura Thoma Broxholme tempore autumnali An. 38 Eliz. in Greys Inne. THIS is a reading in Law French on the stat. 14 Eliz. c. 8. It is contained in the 93d and intermediate pages to the 115th, inclusive. ARTICLE V. De quo warranto. THIS is a reading upon the above subject, the author of which is not mentioned. It commences thus: Spilman cest bre de quo warranto trier le liberty, &c. It extends from folio 117, a, inclusive, to folio 183, a, inclusive. A reading on this subject is referred to in Bro. Abr. quo warranto, 12. I have also in my possession a book of readings belonging to Francis Hargrave, Esq. which contains a reading on the statute of quo warranto. Which of them is the reading referred to I have not been able to ascertain. The volume which we have been abstracting contains several other curious tracts, of which an account will be given hereafter. |