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ib,

ib, n.

693

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AGREEMENT-- continued.

ANCIENT DEMESNE-continued.
ing with agreements for sale of free-

xijie those denominated customary
holds

258 freeholders, may maintain a writ of
vii. may be avoided therefore by a

right close, or monstraverunt .... 691 n.
plea of the stat, of frauds, ...,

ib.

xiv. those denominated copyholders
viii. and is taken out of the stat. by

by base tenure, cannot, but are to
part performance...,

sue by plaint in the lord's court.... 691
ix. it is only in an extraordinary case (Liabilities and Privileges of tenants in
that equity will restrain the vendor

A. D.)
from dealing with the estate... ib., 640
See Lien.

xv. the terms of the original grants of
ALDERMAN (or Ealdorman).— See

Ancient Demesne lands explained.. 692
LEET

807, &c., 831

xvi, the privileges secured thereby,
ALECONNERS.-See LeeT.... 867, 881

are, exemption from serving on juries
ALIEN; i. cannot hold copyholds, even

out of the seigniory; from taxes, &c.,
if purchased in the name of a trustee

if not specially charged; and from
133, 541-2 pontage and toll

ib.
ii. whether the King or the lord is to

xvii. and also from attending tourns
have the advantage of the purchase.. ib.

or leets .....
ïïi, the lord's interest would be con-

xviii. but not from serving the office
cluded by a grant to or admittance

of high constable....

ib.
of an alien ..

133

xix. the exemption from toll extends
See Escheat, (as applicable to free-

to tenants holding of a subject 692
holds,)Ixv., Ixvi., lxvii.:LEETcxxxvi.

xx. and to tenants for life, &c..
ALLEGIANCE. - See Leer Ixviii.,

nure..

xxi. to what things it extends ib.
Ixix.

xxii. the exemption may be alleged
ALLOTMENTS; i. of freehold in lieu

generally

ib.
of copyhold, will not change the te-

xxiii. the tenants need not prescribe
for the privilege

ib.
25, 660—1
ii. legal title to, is not acquired until

xxiv, nor allege notice of the tenure,
the execution and proclamation of

yet safer to do

ib.
the award, if no special provision be

xxv. general acts of parliament ex-
made

tend to A. D. lands, when the tenure

27
iži. the lives in succession in a copy-

may not be prejudiced....

692 n.
hold grant take the legal estate in

xxvi. tenants holding by copy were
an allotment, under the effect of the

excluded from voting at elections by
award.

ib.

31 Geo. 2., c. 14...
AMERCEMENTS.- See SERVICES:

xxvii. reference to 2 W. 4., c. 45.... ib.
Court BARON : LEET.

xxviii. are to be impleaded in the
ANCIENT DEMESNE.

lord's court only by writ of right
i. court of, is a Court Baron .......

close.....
687

693
i, and the suitors are the judges ... ib. n.

xxix. and if otherwise sued, may plead
iii. not being a court of record, a writ

the tenure in abatement

ib.
of error does not lie.......... 687, 698

xxx. may have a bill of fresh force
iv. but the tenant or demandant may

within forty days after disseisin ... ib. n.
have writ of false judgment ..

687 ( The writ of Monstraverunt ; and de
v. to what lands the tenure is con-

non ponendis.)
fined..

xxxi.
may

have the writ of monstra-
vi. the tenure is certified by domes-

verunt if distrained for services not
day book..

687, 690-1 usually performed, (and perhaps with-
vii. but parcel or not of a manor

out being distrained) ..
which is A. D., is to be tried per xxxii. but a special writ must be sued
pais...

687 n., 701-3 to the treasurer and chamberlain of
viii. land may be A. D., though par- the Exchequer to certify the tenure ib.

cel of a manor which is not 701 n. xxxiii. the certificate coming into
ix. frank fee may be held of a manor

court by certiorari and mittimus is
of A. D....

ib. conclusive, though no issue joined
x. an account of Domesday-book, and whether frank-fee or A. D......... ib.
of a Supplement to it ...

688-9 xxxiv. the sheriff may make rescous
xi. derivation of the word 'Domesday'690 to distress by the lord...

ib.
xii. the three several descriptions of XXXV. and if the lord distrain again,
tenants in A.D. (one who hold freely) 691 he is punishable by attachment ib.

so.

ib.

ib.

.... 694

699

ib, n.

ib. n.

esse

Page

Page
ANCIENT DEMESNE-continued.

ANCIENT DEMESNE-continued.
xxxvi. the writ of monstraverunt may

cannot have writ of right close, is to
be sued generally..
694 be avoided by plea

698 R.
xxxvii. in what names the attachment

lviii. the writ abolished from 31 Dec.
is to be sued....
695 1834

695 .
xxxviii. any one named in the attach-
ment not suing, may be severed, and

( Pleading.)
death or nonsuit of one will not pre-
judice his companions......

ib.

lix. when Ancient Demesne is a good
xxxix. one tenant may sue attach-

plea......

698-9, 700
Ix. when it is not

702-3
ment in his proper name, and in the
name of the other tenants by the

Ixi. the advantage cannot be taken
general words homines manerü..

ib.

after judgment...
xl. those who are named alone re-

lxii. may be pleaded after a release of
cover damages

default upon the return of the grand
xli. the plaintiffs may count severally,

cape..

Ixii, not in formedon after the view.. ib.
and the day or place of distress need
not be alleged

ib.

Ixiv, cannot be pleaded by prayee in
aid.

ib.
xlii. if frank tenants and copyholders
join in monstraverunt, the writ shall Ixv. in ejectment, must be pleaded

within four days of the term
695

699
abate only as to the latter.....
xliji. A. D. tenants on being impanel-

Ixvi. and with leave of the court, on
led on any inquest, may have the affidavit, stating certain facts....... ib.
writ de non ponendis, and if returned

lxvii. when plea may be filed de bene
ib.

ib.
by the sheriff, an attachment..

Ixviii

. plea of A. D. has been allowed
( Writ of Right Close.)

after imparlance.... ..... ib. D.
xliv. nature of the writ......

Ixix. affidavit of the tenure requisite

695-6
xlv. some other writs are also close 696 n.

where the plea is to the jurisdiction.. 700

Ixx, but formerly foreign pleas only
xlvi. it may be sued out in nature of

were sworn to..

ib.
any real writ....
xlvii. and therefore by a particular

696

Ixxi. plea of A. D. is good without a

defence...
ib.

ib.
tenant.
xlviji. plea cannot be removed by de-

lxxii. A. D. lands may be extended on
an elegit

701
mandant for any cause.
xlix. but tenant may remove it by re-

Ixxiii, on plea of A. D. it should be
cordari for several causes

ib.

alleged that the lands are held of a
1. if he removes it for special cause,

manor which is A. D.; not that they
he cannot show new cause, but if for are parcel.....

... 606, 701-3

Ixxiv. frank-fee should be specially
general cause, he may prove the land

ib.
frank-fee by special cause...

shown in pleading

701
li. when a supersedeas may be had in

lxxv. approvements of waste cannot

be Ancient Demesne..
697

ib. D.
Chancery to surcease..

of the bailiff when land
lii. on foreign voucher, the defendant

should sue out warrantia chartæ ..., ib. or damages are recovered in A. D. 702 n.
liji, if the lord proceed, he is punish-

Ixxvii. copyhold tenure must always
able by attachment....

ib.

be pleaded, for if stated generally to
liv. so also if he proceed when the re-

be held of a manor of A. D., they
cord is removed by recordari, the

will be deemed pleadable by right
tenant suing a certiorari to the justices

close, and if pleaded as parcel of it,
of the Common Pleas, to certify the

they will be deemed part of the de-
tenor of the record into Chancery.. ib.

703
ly, if plea of warrantia charta be dis-

Ixxviii. what must be alleged, and
continued in C. B. demandant may

what need not, on pleading exemp-
tion from toll....

ib.
sue a writ in Chancery, to have the
fact certified, so that the Court of

(Fines and Recoveries : Writ of Disceit.)
A. D. may be directed to proceed.. 698
Ivi. held not to be error that the writ lxxix. prior to the act of 3 & 4 W.
of right close was directed to the

4. c. 74, fines were levied, and re-
bailiffs, and that twelve recognitors coveries suffered in A. D. by writ of
only were returned ..

right close ......

704
Ivii, recovery against copyholder who Ixxx. observations on that statute.. ib. n.

ib.

Ixxvi. power

mesnes..

ib.

ib.

706 n.

ib.

707 n.

Page

Page
ANCIENT DEMESNE-continued. ANCIENT DEMESNE-continued.
Ixxxi. fine by tenant in tail, is a dis- cv. fine cannot be reversed as to one

continuance only, and no bar...... 705 person only, but may be reversed as
Ixxxii. but it is a bar to the issue to part of the land only....

709
under stat. of limitations, 21 Jac.... ib. cvi. the writ of disceit should (pro-
Ixxxiii. yet the issue in tail have perly) be brought against the ter-
twenty years for entry, after the ex-

tenant..

ib.
piration of a lease for life, created by cvii. remainder-men need not be
fine, notwithstanding a second fine

named in the writ......

ib.
to conusee in fee...

cvii. but are to be summoned to
Ixxxiv, a recovery in A. D. is a bar to

show cause, by scire facias. ... ib.
an intail ...

706 cix. the writ of disceit may be brought
Ixxxv. fines and recoveries of A. D.

against the conusce as well as conu-
lands in the Common Pleas are good,

sor, or the heir of either..... ib.
and make the lands frank-fee, so cx. or against the conusor or conusee
long as they are in force......
ih. 711 alone.

ib.
Ixxxvi. vet may be reversed, by writ cxi. but then there must be a scire
of disceit...
706 facias against the ter-tenant

ib.
Ixxxvii. but not by scire facias; and cxii. in action in nature of disceit

the rule extends to the king ..... 707 against the vouchee to reverse a re-
Ixxxviii. if the lord be a party to the covery, held that the demandant

fine, he is barred of his disceit....... 710 and tenant ought to be before the
Ixxxix. lands are not frank-fee before

court.

710
judgment ....

cxiii. conusee in possession, to whom
xc. nor are they made frank-fee by a

conusor releaseth his right shall
fine in a warrantia charta...... ib. hold against him, though the fine
xci. except the lord join in the fine... 710 be avoided.....
xcii. writ of disceit is not in nature of cxiv, so the estate of conusee shall
writ of error, therefore not within 10

stand after reversal of fine, if con-
& 11 W. 3. c. 14....

firmed by the heir of conusor......

ib.
xciii. reference to the act of 3 & 4 W. cxv. such heir, after reversal, cannot
4. c. 27, and 3 & 4 W. 4. c. 74,

enter on ter-tenant, without a scire
abolishing the writs of disceit and

facias....

ib.
warrantia chartæ..... 705 n, 707 n.
xciv. fine in C. B., as against the lord,

(Frank-fce.)
is coram non judice, and no bar under cxvi. A. D. Jands become frank-fee,
stats. of non-claim, or limitation... 707 not only by fine come ceo and by a
xcv, doubted whether a second fine

recovery

... 706, 710
would not be a bar to the lord, under cxvii. but also by fine with grant and
stat. of non-claim....

ib. render, even without execution ... 711
xcvi. and clearly a fine of elder date cxviii. and by fine upon a release with
will hinder the reversal of a fine of

warranty to the tenant.....

ib.
later date, but not e, converso...

ib. cxix. and by a fine by tenant, with-
xcvii. the lord need not set forth his

out any original writ, till reversed.. ib.
estate, and even a termor may have cxx. doubtful whether they are made
the writ of disceit....

so by fine upon a release, without
xcviii, a determination of the lord's

warranty.

ib.
estate is to be shown on the other cxxi. they also become frank-fee by
side ...
... 708 escheat ..

ib.
xcix. it is sufficient to state that the cxxii. so if they come to the king, even

lands are pleadable in curia manerü.. ib. if afterwards granted in fee or for
c. the parties themselves not bound

life....

ib.
after reversal of fine.....

cxxiii. or granted to hold in frank-
ci. but it is binding by estoppel whilst almoign....

ib.
in force....

ib. cxxiv. it is therefore sufficient to show
cii. even against a disseisee...
ib. the King's grant.....

ib.
ciji. whether a customary descent

Cxxv. what confirmation makes A.
would be changed by a fine at com-

D. lands frank-fee, and what does
mon law....

ib. not...

... 711, 712
civ. acceptance of fine pending writ cxxyi. feoffment to another, with a
of right close, does not alter the

saving of ancient services, will make
tenure as to that action
708 n. the lands frank-fee

712

ib.

ib.

VOL. II.

SA

Page

ASSETS- continued.
cialty debts by 3 & 4 W. 4. c. 104.

Append. (379)
v. the rule as to marshalling is appli.

cable to copyholds......62, 340 n, 343
vi. but is not extended to legatees
when there is a devise to the heir,
though he takes by descent, 62 n., 340 D.
vii. real estates are sometimes made
to bear the burthen of mortgages and
legacies, in exoneration of personal-
ty.

......298 The
See Copyholds, xix, xx: Cox-

TRIBUTION.
ASSISE.-See CUSTOMARY PLAINTS.
ASSUMPSIT.-See Action.
ATTAINDER.—The legal estate re-

mains in the person attainted until
entry by the lord......

154
See FORFEITURE, xxviii, &c.
ATTORNEY; i. surrender by.-See

SURRENDER, xvii, &c.
ii. admittance by.--See ADMITTANCE,

li, &c.
iii, might be appointed for the pur-
pose of suffering a recovery as of
common right

..82, 359
iv, femes covert authorised by act of
parliament to suffer a recovery by
attorney :

83
ATTORNMENT unnecessary as

to

ib. n.

copyholds, even before 4 Ann....101 n.
AULA (HAULA or HALLA) the

usual appendage of a manor .....815 n.
AULA RÉGIA (AULA REGIS) esta-

blishment and nature of the court 815,816
AVERMENT. See EviDENCE: PLEAD-

time ....

Page
ANCIENT DEMESNE-continued.
cxxvii. so a release by fine of all ser-
vices and customs, except certain
specified services.

712
cxxviii. the tenure of A. D. will be
restored by the King's regrant, to
hold of the same manor..

713
cxxix. but if to hold of another manor,

they remain frank-fee
cxxx. and on grant by the King for

life, it is frank-fee for the time only 713
cxxxi. so also on confirmation by the
lord to hold during life by certain
services for all....

ib.
cxxxii. and the tenure held to be re-
stored on repeal of patent, where
the seisure was made without title.. .
cxxxiii. so on re-entry or recovery
by disseisee, after confirmation to
disseisor to hold at common law ... ib.
cxxxiv. doubtful whether on release
of services for a certain time, the
lands become frank-fee for the

714
cxxxv. semble that a person claim.
ing under a paramount title must,
after a fine in C. B., sue at common
law ...
cxxxvi. but that on recovery, the
lands become Ancient Demesne
again...

ib.
cxxxvii. after disseisin by the lord,
the tenant has his option to sue by
writ of right close, or at common
law.

ib.
See CUSTOMARY PLAINTS.
ANGLO-SAXONS, their jurispru-

dence.-See LEET.
ANNUITY; i. a charge of an annuity

upon copyholds is within the inrol.
ment act of 53 G. 3. (See Append. (274))

104 n.
ii. the admittance of the surrenderee

need not be memorialised........172 n.
APPOINTMENT.-See Power.
APPORTIONMENT; i. copyholds

are within 11 G. 2. in favour of ex-
ecutors of tenant for life...... 104
ii. whether a rent can be apportioned
on a re-grant of copyholds 114, 115, 434
iii. annual but not entire services may
be apportioned

...115, 434
APPROVEMENT.-See Common.
ARSON. The case of Rer v. Spalding 172 n.
ASSETS; i. copyholds formerly not

assets, even for specialty debts, or
debts of the crown

60
ïi. not within 47 G. 3. c. 74; nor
1 W. 4. c. 47 ...

109
iii. Sed qu. as to a trust of copyholds 110 n.
iv. but copyholds are made assets
both for simple contract and spe-

ib
.

ING.

AVOWRY; i. on the heir is an im-
plied admittance

378
ii. for rent of copyholder is good.... 435

See Heriots vii, Ixvi, lxvii: SERVICES.
AYLE (or de avo); plaint in nature of 570
BAILIFF; i. of Customary Courts and

Courts Baron, his office and how to
be appointed .

149
ii. of Courts Leet. -See LEET.
BAILIWICK; not grantable by copy 127
BANKRUPTCY; i. surrender sup-
plied against assignees...

955
ii. conveyance by the commissioners

under 6 G. 4, c. 16 ..........370, &c.
iii. power of commissioners over copy-
holds vested in a bankrupt for an
estate tail......

......80, 371 n.
iv. distinction as to inrolment of bar-
gain and sale under 13 Eliz. & 21
Jac.....

..101 n.
v. powers given to bankrupt are exer-

cisable by the commissioners 172 n., 373
vi. freehold estates of bankrupt vest

Page

OF

80

-

Page
BANKRUPTCY--- continued.

BOROUGH ENGLISH-continued.
in assignees by their appointment (6 equity will sometimes supply a sur-
G. 4. c. 16, 1 & 2 W. 4. c. 56.

render ...

274
8. 26)

102 n.

See GavelKIND: DESCENT: Es-
vii. assignees cannot enforce a con-

CHEAT lix, &c.
tract after commission is superseded, BORSHOLDER.--See LEET.
though rechosen under a second BOTE, a Saxon word signifying
commission ..... ... 255 n., 369 n. amercement

.743 n.
viii. even before the late acts a double BOTES.See EsTOVERS.
fine might have been saved by the BOUNDARIES. See · COURTS
commissioners excepting copyholds EQUITY xvii to xxiii. 2 & 3 W. 4. c.
out of the bargain and sale, and con-

.. Append. (323)
veying immediately to a purchaser.. 369 BURGH-GEMOT (or BURGE-
ix. 'exception taken in equity to such

MOTE).-See Folc-GEMOT.
a conveyance over-ruled...

370 BY-LAWS may be binding on copy-
x. admittance not necessary either of

holders ..

749 n.
commissioners or assignees... 372

See Court BARON: LEET.
xi, consequently no fine accrues to
the lord.
414 CAPITE, tenants in

4 n.
xii. but in case of bankrupt's death, CEORLS.-See Leer...

....805, &c.
and delay of a purchaser's admit- CERT-MONEY.-See LeeT... 159 to 166
tance, the lord may seise quousque. 415 CERTIORARI. See LEET (tit.
xiii. right to bring real action held to

Amercement).
pass to assignees by the bargain and CESSAVIT, writ of..

...671-2
sale.

... 569 n. CESTUI QUE VIES; i. do not take
See SURRENDER : ADMITTANCE :

an interest without a custom

120
FIXE ON ADMITTANCE: HERIOTS.

ü. admittance of, will not extend the
BARN.-See WASTE.

grant

....124, 380
BARON'S MOTE or Moot Courts 810 n. CHARITABLE USES; i. the act of
BARONES MAJORES,

9 G. 2, c. 36, extends to copy-

nature of
BARONES MINORES,

holds.....

244
these dignities, and their parliament- ii. the case of Doe & Waterton . 245
ary distinctions

715, 716 n., 816 iii. the provisions of 9 G. 2. c. 36,
BARON & FEME; i. See SURREN-

explained by 9 G. 4. C. 85.... 249
DER xxvii., &c.

See SURRENDER TO WILL.
ü. See ADMITTANCE xxxii, lxxx, to CHASE.-See FREE CHASE.
Ixxxiii.

CHILDREN, a surrender will be sup-
iii. See: FINES ON ADMITTANCE Ixiv,

plied for...

258, 269, &c.
Ixv, Ixvi.

CHOSES IN ACTION.-See FELO
iv. husband is to perform the services

to the lord with the exception of fe- COMMISSION TO SET OUT
alty.

432 BOUNDARIES, &c.—See Courts
v. See Heriots xli, xlii, xliii.

of Equity.
vi. under a surrender or devise to COMMON; i. may be granted by copy
them and their heirs they take by

127-9
entireties, and the husband alone ii. right of, may be subservient to the
cannot surrender .. 164-5, 484 n., 496 right of the lord to make grants of
vii. effect of purchase by baron in their

the waste with the consent of the
joint names

.... 490
homage....

... 615
viii. effect of conveyance to them of ïï. or to dig pits

32, 615
the freehold when joint copyholders, iv. but the lord could not exercise
under stat. 11 H. 7. c. 20........105 n. such a right wantonly

... 616
See FEME COVERT.

and the courts will not presume an
BATHING in the Sea. See SEA-

original right in the lord wholly to
SHORE.

destroy the commonage

616
BESAYLE (or de proavo), plaint in vi. the courts require clear evi.
nature of

570 dence to support the lord's partial
BONA FUGITIVORUM..See WAIF 782 rights.

617
BOON DAYS, why so called .....

vii. these rights are distinct from the
BOROUGH ENGLISH; i. customs lord's privilege of approving against
of, are noticed by the law ...

common of pasture under the stat.
ii. the tenure is within the rule that

of Merton...

...615, 616

}

DE SE.

v.

428

32

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