Every heir having land is bound by the binding acts of his ancestors, if he be named Property of lands by escheat. In escheat two things are to be observed Concerning the tenure of lands The reservations in knight's service tenure are four Knight's service in capite is a tenure de persona regis The institution of socage in capite, and that it is now turned into money rents Ancient demesne, what 401 396 . 401 How manors were at first created Knight's service tenure reserved to common persons Soccage tenure reserved by the lord. Villenage or tenure by copy of court roll Court baron, with the use of it What attainders shall give the escheat to the lord He that standeth mute forfeiteth no lands, except for treason Flying for felony a forfeiture of goods Lands entailed escheat to the king for treason . 401 402 • 403 . 403 403-4 A person attainted may purchase, but it shall be to the king's Property of lands by conveyance is first distributed into 408 409 Of the new device, called a perpetuity, which is an entail with an addition The inconveniences of these perpetuities The last and greatest estate in land is fee simple The difference between a remainder and a reversion by forfeiture by executorship by letters of administration Where the intestate had bona notabilia in divers diocesses, then the archbishop of that province where he died is to commit administration An executor may refuse the executorship before the bishop, But it is otherwise with administrators Property by legacy 429 429 430 430 . 430 430-1 Legacies are to be paid before debts by shop books, bills un sealed, or contracts by word An executor may pay which legacy he will first. Or if the executors do want, they may sell any legacy to pay debts When a will is made, and no executor named, administration is to be committed cum testamento annexo THE USE OF THE LAW. THE use of the law consisteth principally in these two things the one, to secure men's persons from death and violence: the other, to dispose the property of their goods and lands.1 For safety of persons, the law provideth that any man standing in fear of another may take his oath before a justice 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 out false words that may touch his name,] the law giveth [an action of the case, for the slander of his name; and] an action of battery, and an appeal of maim, by which recompense shall be recovered to the value of the hurt and damage. If any man kill another with malice, the law giveth an appeal to the wife of the dead, if he had any, or to the next of kin that is heir in default of a wife; by 1 The printed edition has "three things," the "third" being "for preservation of their good names from shame and infamy." 2 The parts in brackets are omitted in Sloane MS.; and the form of the sentence, in which the damages seem grammatically attributable only to the action of battery, &c., inclines me to think that these are additions. which appeal the offender convicted is to suffer death and to lose all his lands and goods. 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 offender before competent judges: whereupon being found guilty, he is to suffer death and lose his lands and goods. If one man kill another upon a sudden quarrel, this is manslaughter; for which the offender must die, except he can read; and if he can read, yet must he lose his goods and be burnt in the hand, but lose no lands. If a man kill another in his own defence, he shall not lose his life nor his lands; but he doth lose his goods, except the party slain did first assault him, to kill or trouble him by the highway side, or in his own house; and then he shall lose nothing. If a man kill himself, all his goods and leases are forfeited, but not his lands. If a man kill another by misfortune, as shooting an arrow at a butt or mark, or casting a stone over a house, or the like, he is to lose all his goods and leases, but not life or lands. If a horse, or beast, or cart, or any other thing do kill a man, the horse, beast, cart, or other thing whose motion is used to the death, is forfeited to the crown, and is called a deodand and usually granted and allowed by the King to some Bishop his Almoner, as goods are of those that kill themselves. The cutting out of a man's tongue or putting out his eyes maliciously is felony; for which the offender is to suffer death and lose his lands and goods. 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 matter of the peace: The ancient laws of England planted here by the Conqueror (from whom, and not above, we derive our laws, he having subdued all the former laws),1 were, that there should be officers of two sorts in all the parts of this realm to preserve the peace: the one constabularii pacis, the other conservatores pacis. The constable's office was, to arrest the parties that he had seen breaking the peace or ready to break the peace, or was truly informed by others, or their confession, had freshly broken the peace which persons he might imprison in the stocks or in his own house, as their quality required, until they had been bound with sureties by obligation to the King to keep the peace; which obligation was to be sealed and delivered to the constable to the use of the King; and that the constable was to send this obligation to the King's Exchequer or Chancery, 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, except he had seen them break the peace, or had come freshly after the peace was broken. Also, these constables did keep watch about the town for the apprehension of rogues and vagabonds, nightwalkers, eves-droppers, scolds, and such like, and such as did go armed. And the constables raise and follow 1 The printed text omits the parenthetic sentence. |