페이지 이미지
PDF
ePub

Page Land left by the sea belongeth to the king

220 Property of lands by descent

221 Three rules of descent ...,

221 Customs of certain places.

222 Every heir having land is bound by the binding acts of his ancestors, if he be named....

222 Property of lands by escheat

223 In escheat two things are to be observed

223 Concerning the tenure of lands...

224 The reservations in knight's service tenure are four ..., 224 Homage and fealty....

225 Knight's service in capite is a tenure de persona regis..... 225 Grand serjeantry, petty serjeantry....

225 The institution of soccage in capite, and that it is now turned into moneys rents..

226 Ancient demesne, what

226 Office of alienation....

226 How manors were at first created

227 Knight's service tenure reserved to common persons

227 Soccage tenure reserved by the lord

227 Villenage or tenure by copy of court roll

228 Court baron, with the use of it .....

228 What attainders shall give the escheat to the lord ..... 228 Prayer of clergy.....

229 He that standeth mute forfeiteth no lands, except for trea

229 He that killeth himself forfeiteth but his chattels

229 Flying for felony a forfeiture of goods ...

229 Lands entailed, escheat to the king for treason

229 A person attainted may purchase, but it shall be to the king's use

230 Property of lands by conveyance is first distributed into

estates, for years, for life, in tail, and fee simple..... 231 Lease for years go to the executors, and not to the heirs... Leases, by what means they are forfeitable

231 What livery of seisin is, and how it is requisite to every estate for life

232 Of the new device, called a perpetuity, which is an entail with an addition

234 The inconveniences of these perpetuities

234

son

231

....

Page The last and greatest estate in land is fee simple.... 235 The difference between a remainder and a reversion

235 What a fine is

236 What recoveries are..

236 What a use is ....

237 A conveyance to stand seised to a use :

238 Of the continuance of land by will

... 239 Property in goods : 1. By gift. 2. By sale. 3. By stealing.

4. By waving. 5. By straying. 6. By shipwreck.
7. By forfeiture. 8. By executorship

242 By letters of administration

245 Where the intestate had bona notabilia in divers diocesses,

then the archbishop of that province where he died is
to commit administration....

245 An executor may refuse the executorship before the bishop,

if he have not intermeddled with the goods ... 245 An executor ought to pay, 1. Judgments. 2. Stat. Recog.

3. Debts by bonds and bills sealed. 4. Rent unpaid.
5. Servants' Wages. 6. Head workmen. 7. Shop
book, and contracts by word ..

246 Debts due in equal degree of record, the executor may pay

which of them he please before suit be commenced... 246 But it is otherwise with administrators...

246 Property by legacy ...

247 Legacies are to be paid before debts by shop books, bills unsealed, or contracts by word ....

... 247 An executor may pay which legacy he will first. Or if the

executors do want, they may sell any legacy to pay
debts ..

247 When a will is made, and no executor named, administra

tion is to be committed cum testamento annexo..... 247

THE

USE OF THE LAW,

AND WHEREIN IT PRINCIPALLY CONSISTETII.

The use of the law consisteth principally in these three
things:

I. To secure men's persons from death and violence.
II. To dispose the property of their goods and lands.
III. For preservation of their good names from shame
and infamy.

For safety of persons, the law provideth that any man Surety to keep standing in fear of another may take his oath before a jus- the peace. tice of peace, that he standeth in fear of his life, and the justice shall compel the other to be bound with sureties to keep the peace.

If any man beat, wound, or maim another, or give false Action of the scandalous words that may touch his credit, the law giveth case, for slan

der, battery, thereupon an action of the case, for the slander of his good name; and an action of battery, or an appeal of maim, by which recompense shall be recovered, to the value of the hurt, damage, or danger.

If any man kill another with malice, the law giveth an Appeal of murappeal to the wife of the dead, if he had any, or to the next der given to the

next of kin. of kin that is heir in default of a wife, by which appeal the defendant convicted is to suffer death, and to lose all his lands and goods. But if the wife or heir will not sue or be compounded withal, yet the king is to punish the offence by indictment or presentment of a lawful inquest and trial of the offenders before competent judges; where

forfeiture of

upon being found guilty, he is to suffer death, and to lose

his lands and goods. Manslaughter, If one kill another upon a sudden quarrel, this is manand when a slaughter, for which the offender must die, except he can goods, and

read; and if he can read, yet must he lose his goods, but when not.

no lands.

And if a man kill another in his own defence, he shall not lose his life, nor his lands, but he must lose his goods, except the party slain did first assault him, to kill, rob, or trouble him by the highway side, or in his own house, and

then he shall lose nothing. Felon. de se. And if a man kill himself, all his goods and chattels are

forfeited, but no lands. Felony by mis

If a man kill another by misfortune, as shooting an arrow chance.;

at a butt or mark, or casting a stone over a house, or the like, this is loss of his goods and chattels, but not of his

lands, nor life. Deodand. If a horse, or cart, or a beast, or any other thing do kill

a man, the horse, beast, or other thing, is forfeited to the crown, and is called a deodand, and usually granted and allowed by the king to the Bishop Almner, as goods are of

those that kill themselves. Cutting out of The cutting out of a man's tongue, or putting out his putting out of eyes maliciously, is felony; for which the offender is to

suffer death, and lose his lands and goods. felony.

But for that all punishment is for example's sake; it is good

to see the means whereby offenders are drawn to their

punishment; and first for the matter of the peace. The ancient laws of England planted here by the Conqueror were, that there should be officers of two sorts in all the parts of this realm to preserve the peace : 1. Constabularii

Pacis.

2. Conservatores The office of The office of the constable was, to arrest the parties that the constable. he had seen breaking the peace, or in fury ready to break

the

peace, or was truly informed by others, or by their own confession, that they had freshly broken the peace; which persons he might imprison in the stocks, or in his own house, as his or their quality required, until they had become bounden with sureties to keep the peace;

which obligation from thenceforth was to be sealed and delivered to the constable to the use of the king. And that the constable was to send to the king's Exchequer or Chancery,

eyes, made

}

the peace.

from whence process should be awarded to levy the debt, if the peace were broken.

But the constable could not arrest any, nor make any put in bond upon complaint of threatening only, except they had seen them breaking the peace, or had come freshly after the peace was broken. Also, these constables should keep watch about the town for the apprehension of rogues and vagabonds, and night-walkers, and eves-droppers, scouts, and such like, and such as go armed. And they ought likewise to raise hue and cry against murderers, manslayers, thieves, and rogues.

Of tắis office of constable there were high constables, two 2. High conof every hundred; petty constables, one in every village ; stables for every they were, in ancient time, all appointed by the sheriff of the 1. Petty conshire yearly, in his court called the Sheriff's Tourn, and stable forevery there they received their oath. But at this day they are village. appointed either in the law-day of that precinct wherein they serve, or else by the high constable in the sessions of

The Sheriff's Tourn is a court very ancient, incident to his The King's office. At the first, it was erected by the Conqueror, and Bench first in:

in called the King's Bench, appointing men studied in the what matters knowledge of the laws to execute justice, as substitutes to they anciently him in his name, which men are to be named, Justiciarii ad had jurisdicplacita coram Rege assignati. One of them being Capitalis Justiciarius called to his fellows; the rest in number as pleaseth the king, of late but three Justiciari, holden by patent. In this court every man above twelve years of age was to take his oath of allegiance to the king, if he were bound, then his lord to answer for him. In this court the constables were appointed and sworn; breakers of the peace punished by fine and imprisonment, the parties beaten or hurt recompensed upon complaints of damages; all appeals of murder, maim, robbery, decided; contempts against the crown, public annoyances against the people, treasons and felonies, and all other matters of wrong, betwixt party and party, for lands and goods.

But the king seeing the realm grow daily more and Court of Marmore populous, and that this one court could not dispatch shalsea erected, all, did first ordain that his marshal should keep a court tion within for controversies arising within the virge; which is within twelve miles of twelve miles of the chiefest tunnel of the court, which did the chief tunbut ease the King's Bench in matters only concerning which is the fuit debts, covenants, and such like, of those of the king's extent of the household only, never dealing in breaches of the peace, or virge.

tion.

VOL. XII.

P

« 이전계속 »