Entry not tolled where the ancestor died not seised of the same estate that the heir takes by descent, ib.; nor by a descent by reason of the ancestor becoming professed, 37; nor by a dying seised, and an escheat, 38; unless after a descent cast, ib.; nor by a dying seised and a succession, 39; nor by a descent cast in time of war, ib. What shall be said time of war, 40 to 42. Entry not tolled by a descent east, if the disseisee was at the time an infant, 42; unless he had then no right of entry, ib. So entry is not tolled, if the disseisee was at the time a feme covert, 43; unless she was disseised, and came of age before the coverture, ib. Diversity between laches for non-entry to avoid descents, and laches for non-performance of a condition, 44. So entry is not tolled, if the disseisee was at the time of non-sane memory, 45. Non compos mentis, who so deemed, 45 to 47. Descent cast no bar to a person claiming by the same title, 48. On abatement by the youngest son, a descent cast does not bar the eldest son, ib. So in case of intrusion, 49. Secus in the case of a disseisin, if the youngest son claimed by a different title, 50. So in case of coparceners, 51. Diversity herein in the case of bastard eigne, and mulier puisne, 52. On descent cast from bastard eigne, the mulier is barred forever, ib.; though the mulier be an infant, 53; or feme covert, ib.; or though the descent be of things incorporeal, ib.; or be afterwards avoided by endowment, ib.; or though the descent be by the ancestor's becoming professed, ib. Descent cast in case of bastard eigne, binding on collateral heirs, ib.; or in case of coparceners, 54. But the rule holds not in the case of fee-tail, ib.; nor in the case of a dying seised and an escheat, ib.; nor in case of a dying seised without a descent, 55; nor as to a bastard whose parents did not afterwards intermarry, 55, 6; nor where bastard eigne's possession is interrupted by the mulier's entry, 57; or by the entry of a stranger by his command, ib.; or by his subsequent assent before dissent cast, ib.; or by the entry of the mulier's guardian, ib.; secus if the bastard eigne, after interruption, recovers the land in an assise, 58; or as to an interruption by a seisure by the king without cause, ib.; or as to an entry by the mulier at the bastard's invitation, ib. IV. To what things a descent cast is no bar, 59. Title of entry by force of a condition, is not barred by a descent cast, ib. So of title of entry upon a mortmain, 60; or causa matrimonii prælocuti, &c. ib. Descent cast from the devisor's heir is no bar to the devisce, ib. Descent cast no bar in case of chattels, 61, 2.

CHAP. XLIX.

65. By whom made, ib. Must be made by him who has a right to enter, ib. On continual claim by tenant for life in remainder, his entry is preserved, 66; and it enures to the remainder-man in fee, ib.; or reversioner, ib. So continual claim by one joint-tenant, on his death, enures to the survivor, ib. Secus as to the remainder-man in fee, in case the descent is not cast in the time of tenant for life in remainder, ib. Continual claim by a person having no right to the present profits, may be good in certain cases, 66; how made, 67 to 70. Continual claim must be made at the land, 70; or as near as the disseisee possibly dare go, if he fear bodily harm or imprisonment, 70, 71. Continual claim by a servant at the land, by his master's command is sufficient, 72. So if he goes as far as his master dare and commanded, ib. So in case of impotent persons, or a recluse, if the servant go as near as he dare, &c. it is sufficient, though less than was commanded, 72 to 74. Secus where there was no impotency nor fear in the master, 74. At what time to be made, 75. At common law continual claim must have been made within a year and a day before the descent, 75. And being so made, it was good, though the disseisor had been in quiet possession forty years, 76; or though there were several descents within the year and day, 76, 7. By stat. 32 H. 8. entry is preserved where disseisor dies seised within five years after the disseisin, though no claim, 78. But after the five years, continual claim must be made every year and day, ib.; and the statute does not extend to the feoffee or donee of a disseisor, ib. II. Operation and effect of continual claim, ib. Continual claim is an entry in law, and as strong as actual entry, ib.; and vests the possession in the disseisee for his advantage, but not to his prejudice, 79. Continual claim being made on a tenant in tail, the estate tail is defeated, ib.; and if the tenant in tail afterwards continues in possession, it is a disseisin, ib. So if a disseisor continues in possession after claim, it is a new disseisin toties quoties, ib.; for which the disseisee may recover damages in an action of trespass, 80. IV. Continual claim, in what cases excused, 81. In case disseisee be in prison at the time of the disseisin and descent, his entry is not barred, though no claim, ib. Secus if the disseisin was before his imprisonment, 82. In case disseisee be out of the kingdom at the time of the disseisin and descent, his entry is not tolled, though no claim, 83 to 86. Secus when he is in the realm at the time of the disseisin or descent, 86, 7. On disseisor bringing an assise, his entry is preserved, notwithstanding a descent cast before judgment, 88, 9. Descent cast during vacation of an abbacy, &c. is no bar to the successor's entry, though no continual claim, 90, 91.

CHAP. L.

229. Judgment in a writ of right, final, though

on a collateral point, or by default, &c. 229.
Writ of right must be brought within 60 years,
by the statute of limitations, 230. Rents cre-
ated by deed, or reserved upon a particular es-
tate, not within this statute, 231; nor advow-
sons, 231, 2.

CHAP. LIII.

Of the Remedies for Waste.

Definition of waste, 233. I. The different kinds

of waste, ib. Voluntary and permissive waste,

ib. Waste in houses, 233, 4, 5. In gardens,

235, 6. In lands, 236, 7. In woods, 237 to

240. In destruction and exile of tenants, 240.

What value necessary to constitute waste, ib.

II. For and against whom an action of waste

lies, 241, 2. Waste does not lie by him, who

has not the immediate estate of inheritance,

243; nor by him who has not the inheritance

in him, at the time of the waste done, ib. On

lease for life to one, remainder for life to an-

other, remainder in fee to a third; during the

continuance of the mesne remainder an action

of waste does not lie, 245. Secus in case of a

mesne remainder for years, ib. Diversity here-

in, between a grant of the reversion after a

lease for years, and a lease of the reversion for

years, ib. So waste lies not by him who has

not the reversion continuing in him, in the

same state as at the time of the waste done,

246; or where the reversion has been discon-

tinued, ib. In what special cases action of

waste will lie, though lessor had nothing in the

reversion at the time of the waste done, 247.

By the common law, tenants by curtesy, in

dower, and guardian by chivalry, and by sta-

tute, tenants for life, or years, are liable to an

action of waste, ib. Tenants by curtesy and

dower are liable to an action by the heir for

waste done by their assignee, ib.; but after as-

signment by the heir, his assignee shall have a

writ against their assignee only, 248. Except

in the case of tenants by curtesy and dower,

the action must be brought against the person

doing the waste, ib. Diversity herein in the

case of a ward, ib. Guardian in chivalry was

not liable for waste done by a stranger, ib.

Secus as to tenants by curtesy, dower, for life,

or years, ib.; though under disability of infancy

or coverture, ib. On waste done by grantee of

tenant for life, who enters for condition broken,

the action must be brought against the grantee,

249. Lord of a villain, on entry, was not lia-

ble for waste done before, but only for waste

done after, ib. Action of waste may be brought,

against tenant for life or years, &c. after as-

signment, if they continue to take the profits,

ib.; or against an occupant or special occupant,

ib. Secus as to guardian in socage, tenant by

statute or elegit, ib. HI. Penalties for waste,

250; in case of waste done by guardian in chi-

valry, ib.; in case of waste done sparsim in
woods, or in houses, ib. Effect of the clause
without impeachment of waste, 251, 2.
CHAP. LIV.

Of Distress, and other Remedies for Subtraction.

Remedies for subtraction of rents and services,

253. I. By distress, ib. Derivation of the

word "distress," ib. For what things a dis-
tress may be made, ib. Can only be for ser-
vices certain, or which are capable of being re-
duced to certainty, ib. At what time to be
made, 254. Distress for rent cannot be made
in the night, ib. Nor (at common law) after
the term ended, 255. Nor after the death of
the lessor for arrears previously due, ib. Con-
struction of stat. 32 H. 8. c. 37. giving this re-

medy, &c. for arrears of rent due in the owner's

life-time, to his representatives, ib. Extends to

rents-service, charge, and seck, and to fee-farm

rents, ib.; and to rent reserved on lease for life

or gift in tail, 257. And whether the land be

in the tenant's own hands or of any claiming

under him, ib. Secus as to person's claiming

by title paramount, ib.; or where the testator

has dispensed with the arrears, or had no re-

medy when he died, 258. Diversity between

rent-service and rent-charge, as to the remedy

for arrears, against persons claiming by title

paramount, ib. Arrears of a nomine pœnæ,

relief, or aids, not within this statute, 258. Ex-

tends to all arrears of rents issuing out of free-

holds or inheritances, whether annual or not,

259. And gives to husband arrears of rent due

to his wife, before and during coverture, ib. In

what places to be made, 260. Distress must be

made within the lord's fee, ib. Exceptions to

this rule, ib. What things are distrainable,

261. Things wherein no valuable property can

be had are not distrainable, ib. Nor things in

personal use, 262. Nor the property of stran-

gers for the sake of trade, ib. Nor things that

cannot be restored in as good condition, 263.

Nor beasts of the plough, or utensils of trade,

while other things may be taken, 264. Nor

things fixed to the freehold, 265. Beasts that

escape are distrainable for rent, without having

been levant and couchant, ib. Distress, how

to be disposed of, 266. Things having life, be-

ing impounded in open pound, are to be sus-

tained, &c. at the owner's peril, ib. Secus if

impounded in a pound close, ib.; or in case of

goods, ib. Goods distrained without cause may

be rescued, ib. Secus, if impounded, ib. Writ

of parco fracto, 266 to 269. II. By other re-

medies, 269. Action of debt, ib. On lease for

years reserving yearly rent, lessor may have

several actions of debt for every year's rent,

270. Diversity herein in case of a single bond

for payment of several sums, 271. By assise

of novel disseisin, 272. On demand and denial

of rent-seck, &c. the owner may have an assise

of novel disseisin against the tenant, ib. But

such owner must be actually seised, 273. Sei-

sin of parcel sufficient, 274. Must be a de-

mand on the land, ib. Demand at any time

after rent due, is sufficient, ib. Diversity here-

in as to a demand of rent upon a condition, ib.

Assise in confinio comitatus, 275. Writ de

consuetudinibus et servitiis, ib. V. Writ of
cessavit, 276. Assise of mort d'ancestor and
other real actions, ib. III. Of remedies for the
tenant, ib. Acquittal, what it is, ib. Writ of

mesne, 277. Writ of ne injuste vexes, 277, 8.

9. IV. Remedies for the subtraction of tithes

in the hands of laymen, 280. By assise and

other real actions, ib. By suit for subtraction |

in the ecclesiastical court, 281. By action of

debt for the treble value upon the statute 2 E.

6.
cap. 13, 281 to 285.

CHAP. LV.

Of the Remedies for Usurpation and Disturbance

of Patronage.

I. Remedies at common law, 286. At common
law, on usurpation and plenarty the patron had
no remedy but a writ of right, wherein the in-
cumbent could not be removed, ib.; though the
patron was an infant, feme covert, 287. Diver-
sity in case of the king, ib. But on collation
by the bishop without title, the patron was not
put out of possession, ib. Usurpation by pre-
sentation was a dispossession of the person
having the right of presentation, and of the
person having the right of collation also, 288.
II. By stat. W. 2. cap. 5, 289. In a quare im-
pedit at this day, plenarty is no bar if it be not
by six months before the teste, 289. But the
incumbent to be removed must be named in
the writ, 290. Damages recoverable by this
statute, ib. Incumbent coming in pendente
lite, by usurpation, may be removed by writ,
brought by the patron, ib. Diversity as to an
incumbent coming in pendente lite by presen-
tation of the lawful patron, being a stranger to
the writ, ib. The bishop being named in the
writ, cannot present by lapse, 291. Nor in
such case can the metropolitan, ib.; or the
king, present, 291, 2.

BOOK III.

OF PERSONAL PROPERTY, AND OF CRIMES.

CHAP. I.

Of Things Personal, and of Property therein.
Things personal, divided into chattels real and
chattels personal, 293, 4. Things personal
may be held in joint-tenancy, with benefit of
survivorship, 295, 6. But in case of partners,
survivorship does not hold, 297. Things per-
sonal may be held in common, ib.

CHAP. II.

Of the Title to Things Personal.

I. Title by custom, 298. Heir-looms, ib. Things

personal regularly descend to executors, and

not to the heir, though specially named, ib.;

but by custom things personal may descend as

heir-looms, 299. Fish in a pond, deer in a

park, &c. are descendible as heir-looms, ib.;

secus as to things not at liberty, ib. Monu-

ment of the ancestor, or his coat-armour, set

up in a church, descendible as heir-looms, ib.

So other things may descend as heir-looms by

special custom, 300. So the ancient jewels of

the crown descend as heir-looms, ib. Heir-

looms are not devisable by will, 301. By cus-

tom heriots are due to the lord, on the death of

his tenant, ib. So by custom mortuaries are

due to the parson on the death of his parish-

ioners, 302. II. Title by succession, 303. Ti-

tle by succession to things personal regularly

holds not in case of a corporation sole, ib. Se-

cus in the king's case, 304. III. Title by mar-

riage, 305. As to real property, ib. On mar-

riage with a woman seised in fee, the husband

gains an estate of freehold in her right during

the coverture, ib.; but determinable in case of
the wife's attainder before issue had, ib. And
on attainder of the husband, the king gains no
freehold, but a pernancy of the profits only
during the coverture, 306. As to chattels real,
306. On marriage with a woman possessed of
a term for years, &c. the husband becomes pos-
sessed in her right, with power to dispose there-
of by grant, or demise, or forfeiture, ib. And
if he survive his wife, it is a gift in law to him,
ib. On his death without having made any
disposition, the term remains to the wife sur-
viving, ib. On demise of part of the term, the
wife surviving is entitled to the residue, ib.
Secus in case of a grant of the whole term on
condition, &c. 307. Husband and wife being
ejected of the wife's term, on ejectment brought
by the husband in his own name, and judg-
ment to recover, the term is vested in the hus-
band, ib. On execution against the husband
for a debt of his, the sheriff may sell the term
during her life, ib. Husband cannot dispose of
the wife's term by will, ib.; nor charge it so as
to bind her surviving, ib. A bare right to a
chattel real is not given by the marriage to the
husband, 308; nor a possibility, ib.; nor chat-
tels real of which she is possessed en auter
droit, ib.; or which are held in trust for the
wife, ib.; nor chattels consisting merely in ac-
tion, unless recovered by him in her life-time,
ib. Secus as to chattels real of a mixed nature,

partly in possession and partly in action, ib.

Husband of feme seised of rent-service, &c.

surviving her, is entitled to arrears due during
coverture, ib.; but if the wife survive, she is
entitled in preference to his executors, 309. So
in case of an advowson, if the church become
void during coverture, ib. As to chattels per-
sonal, ib. Marriage with a woman possessed
of chattels personal is an absolute gift in law to
the husband, whether he survive or no, ib.
cus if they lie in action and be not recovered
by him, ib.; or as to chattels personal possessed
by the wife en autre droit, 310, 11; or as to a
bare possession, which she has as bailee, &c.
312, 13. IV. Title by testament, 314. Testa-

ments are either written or nuncupative, 314,

315. Testament is ambulatory till the death

of the testator, 316; and the last will is a coun-

termand of the first, ib. By the ancient law,

the testamentary power was restrained in fa-

vour of the wife and children, to a third part,

ib.; or to a moiety in case of a wife, and no

children; or è converso, ib. And so in case of

intestacy, the wife and children are entitled to

their reasonable parts, 317. But a special cus-

tom is necessary to entitle the wife or children

to the writ de rationabili parte, ib.; and in case

of reasonable advancement, the child is not en-

titled to the filial portion, 318. By custom of

London, a child advanced may be barred of his

customary share, ib But in case of a decla

Se-