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father could not put it from him, it made the son to be disobedient, negligent, and wasteful, often marrying without the father's consent, and to grow insolent in vice, knowing that there could be no check of disinheriting him. It also made the owners of the land less fearful to commit murders, felonies, treasons, and manslaughters; for that they knew none of these acts could hurt the heir of his inheritance. It hindered men that had entailed lands, that they could not make the best of their lands by fine and improvement, for that none, upon so uncertain an estate as for term of his own life, would give him a fine of any value, nor lay any great stock upon the land, that might yield rent improved.

. ... Lastly, those entails did defraud the The prejudice •", ,. , , . , ,

the crown crown, and many subjects of their debts;

thereby! f°r tnat ,r|e 'an<^ was not "able longer than in his own life-time; which caused that the king could not safely commit any office of account to such whose lands were entailed, nor other men trust them with loan of money.

These inconveniencies were all rcme

vffand'aaH' d'ed bv ac,s °f parliament; as namely, Vlli. to bar by acts of parliament later than the estates tail by Mt of enta{)g ma(Je 4 H. VII. 32 H.

VIII. a tenant in tail may disinherit his son by a fine with proclamation, and may by that means also make it subject to his debts and sales.

By a statute made 26 H. VIII. a 32 H Vhi! te°ant in tail doth forfeit his lands for

treason; and by another act of parliament, 32 H. VIII. he may make leases good against his heir for one and twenty years, or three lives; so that it be not of his chief houses, lands, or demesne, or any lease in reversion, nor less rent reserved than the tenants have paid most part of one and twenty years before, nor have any manner of discharge for doing wastes and spoils: by a statute

33 H VIII made 33 H' VIII> tenants ol entailed

13 et 39 El'iz. lands are liable to the king's debts by

prTvn'eVes? i extent; and ty statutes made 13 and

Not forfeitable 39 Eliz. they are saleable for the ar

Not'expend- 4 rearages upon his account for his office;

deln/ofthe 80 that n0W *' resleth, that entailed

partv after his lands have two privileges only, which

»a«ot Po'ex-' be these: Fir8t- not t0 be forfeited for elude liis next felonies. Secondly, not to be extended to forfeithis ' for debts after the party's death, except

estate, and the the entails be cut off by fine and renext heir must'

enter. covery.

Of a perpe- gut it is to be noted, that since these

tuitv. which is , , , ,.

an entail with notable statutes, and remedies pro

The^edrierpe- vi(led h? statutes, to dock entails, there

tuities would is started up a devise called perpetuity,

former' ii'eon- which is an entail with an addition of

veniencies or a provjso conditional, tied to his estate,

estates tail. r ,''

not to put away the land from his next

heir; and if he do, to forfeit his own estate. Which

perpetuities, if they should stand, would bring in

all the former inconveniencies subject to entails,

that were cut off by the former mentioned statutes,

and far greater: for by the perpetuity, if he thnt is

in possession start away never so little, as in making

a lease, or selling a little quillet, forgetting after two

or three descents, as often they do, how they are

tied; the next heir must enter, who peradventureis

his son, his brother, uncle, or kinsman; and this

raiseth unkind suits, setting all the

... ° . The incon

kindred at jars, some taking one part, venienciesof

some another, and the principal parties {Jjj^U*^" wasting their time and money in suits of law; so that in the end they are both constrained by necessity to join in a sale of the land, or a great part of it, to pay their debts, occasioned through their suits. And if the chief of the family, for any good purpose of well seating himself, by selling that which lieth far off, to buy that which is near, or for the advancement of his daughters, or younger sons, should have reasonable cause to sell, this perpetuity, if it should hold good, restraineth him. And more than that, where many are owners of inheritance of land not entailed, may, during the minority of his eldest son, appoint the profits to go to the advancement of the younger 6ons and daughters, and pay debts; but by entails and perpetuities, the owners of these lands cannot do it, but they must suffer the whole to descend to the eldest son, and so to come to the crown by wardship all the time of his infancy.

Wherefore, seeing the dangerous times and untowardly heirs, they might whether it be

prevent those mischiefs of undoing-their b£L'"to re; f , , . ,6 . strain men by

houses, by conveying the land from these perpe

such heirs, if they were not tied to the alienTM fin«! or stake by those perpetuities, and re- {fn|jaimirdl }be strained from forfeiting to the crown, houses'^}-unand disposing it to their own, or to [£jj{Iy pos their children's good; therefore it is worthy of consideration, whether it be better for the subject and sovereign to have the lands secured to men's names and bloods by perpetuities, with all the inconveniencies above mentioned, or to be in hazard of undoing his house by unthrifty posterity.

4. The last and greatest estate of lands is fee-simple, and beyond this mates'estate there is none of the former for lives, in ,an(l's fetyears, or entails; but beyond them is fee-simple. For it is the greatest, last, and uttermost degree of estates in land; therefore he that maketh a lease for life, or a gift in tail, may appoint a remainder when he maketh another A remainder for life or in tail, or to a third in fee- TMnnot be simple; but after a fee-simple he can nn estatem"* limit no other estate. And if a man fee-simple, do not dispose of the fee-simple by way of remainder, when he maketh the gift in tail, or for lives, then the fee-simple resteth in himself as a reversion. The difference between a reversion and a remainder is this. The remainder is always a succeeding estate, appointed betwren'are0* upon the gifts of a precedent estate at mainder •nd a

the time when the precedent is appointed. But the reversion is an estate left in the giver, after a particular estate made by him for years, life, or entail. Where the re- A reTeTsion mainder is made with the particular cannot be estates, then it must be done by deeds wBrd."1 by

in writing, with livery and seisin, and cannot be by words; and if the giver will dispose of the reversion after it remained) in himself, he is to do it in writing, and not by word, and the tenant Attornment 's t0 nave notice of it, and to atturn to must be had to it which is to give his assent by word, thegrantof ' . . 6 .. ...'

the reversion, or paying rent, or the like; and except

CTmpeTlab'leTo the ,enant wil1 tnus atturn, the party to atturn, but whom the reversion is granted cannot veraionis TM have the reversion, neither can he comjjrantedby pel him by any law to atturn, except the grant of the reversion be by fine j and then he may by writ provided for that purpose: and if he do not purchase that writ, yet by the fine the reversion shall pass: and the tenant shall pay no rent, except he will himself, nor be punished for any waste in houses, woods, &c. unless it be granted by bargain and sale by indenture enrolled. These fee-simple estates lie open to all perils of forfeitures, extents, encumbrances, and sales. Lands may be Lands are conveyed by these six lT-7oo«h!ei!t meanS:

2. By fine, 3. 1- By feoffment, which is, where by J5PyC°^eryj deed lands are given to one and his By covenant heirs, and livery and seisin made ac» By will. cor(jing to the form and effect of the deed; if a lesser estate than fee-simple be given, and livery of seisin made, it is not called a feoffment, except the fee-simple be conveyed, but is otherwise called a lease for life or gift in tail, as above mentioned.

What a fine ^- A fine is a real agreement, begin

is. and hoiv ning thus, " Ha?c est finalis concordia," lands may be . ° _, .' . , , _ , ... conveyed etc. This is done before the king s hereby. judges in the court of common pleas,

concerning lands that a man should have from another to him and his heirs, or to him for his life, or to him and the heirs males of his body, or for years certain, whereupon rent may be reserved, but no condition or covenants. This fine is a record of great credit; and upon this fine are four proclamations made openly in the common pleas; that is, in every term one, for four terms together; and if any man having right to the same, make not his Five vears claim within five years after the procla

non-clalm mations ended, he loseth his right for

bnrreth not, ,7 , . , . °

i An infant ever, except he be an infant, a woman

vertfa Mad- covert> a madman, or beyond the seas, man. 4. Be- and then his right is saved; so that > "1 ( <l the claim be within five years after full age, the death of her husband, recovery of his wits, or return from beyond the seas. This fine is called Fine is a feoff a feon~menf of record, because that it includeth all the feoffment doth, and worketh farther of its own nature, and barreth entails peremptorily, whether the heir doth claim within five years or not, if he claimed by him that levied the fine.

3. Recoveries are where for assurWhierar«Ter" anees of lands the parties do agree, that one shall begin an action real against the other, as though he had good right to the land, and the other shall not enter into defence against it, but allege that he bought the land of I. H. who had

ment of record.

warranted unto him, and pray that I. H. may be called in to defend the title, which I. H. is one of the criers of the common-pleas, and is called the common vouchee. This I. H. shall appear and make as if he would defend it, but vouchee one

shall pray a day to be assigned him in °£j£e criers , . v' .' , i . , , . of the court,

his matter of defence; w-hich being

granted him, at the day he maketh default, and thereupon the court is to give judgment against him; which cannot be for him to lose his lands, because he hath it not, but the party that he hath sold it to hath that, who vouched him to warrant it.

Therefore the demandant who hath judgment for no defence made against it, must have the demandjudgment to have the land against him fie SEun that he sued, who is called the tenant, ,aiL and the tenant is to have judgment Judgment for against I. H. to recover in value so much cover' so" land of his, where in truth he hath ">Vcn lanrt \n

•ii • J i .i • J va,ue 01 ,ne none, nor never will. Ann by this de- common vou

vice, grounded upon the strict principles cnee

of law, the first tenant loseth the land, and hath

nothing for it; but it is by his own agreement for

assurance to him that brought it.

This recovery barreth entails, and all .

. ;. « ,, A recovery

remainders and reversions that should barreth an

take place after the entails, saving where Jnd ailrever

the king is giver of the entail, and 8ion*d,"1^re'

keepeth the reversions to himself; thereupon, then neither the heir, nor the remainder, nor the reversion, is barred by the recovery.

The reason why the heirs, remainders, and reversions are thus barred, Jty"TM.

is because in strict law the recompence mo,n recove

,. , , • . ,i • , rv barreth

adjudged against the ener that was those in revouchee, is to go in succession of estate rcy^ons"'1 as the land should have done, and then it was not reason to allow the heir the liberty to keep the land itself, and also to have recompence; and therefore he loseth the land, and is to trust to the recompence.

This slight was first invented, when

entails fell out to be so inconvenient The many '". ,,,,,, i conveniences

as is before declared, so that men made of estates in

no conscience to cut them off, if they '„ Ih^recV.

could find law for it. And now by use, veries which .... . are made now those recoveries are become common common conassurances against entails, remainders, veyances and . ° ' 'assurances for and reversions, and are the greatest se- land.

curity purchasers have for their money; for a fine will bar heir in tail and not the remainder, nor reversion, but a common recovery will bar them all.

Upon feoffments and recoveries, the

estate doth settle as the use and intent Uptm fi"es.

- , , feoffments,

of the parties is declared by word or and recover

writing, before the act was done: as for a^nth8|tt?etBcexample, if they make a writing that ?0trdIin? \n^g one of them shall levy a fine, make a parties, feoffment, or suffer a common recovery to the other: but the use and intent is, that one should have it for his life, and after his decease a stranger to have it in tail, and then a third in feesimple; in this case the land settleth in an estate according to the use and intent declared: and that by reason of the statute made 27 H. VIII. conveying the land in possession to him that hath interest in the use or intent of the fine, feoffment, or recovery, according to the use and intent of the parties.

Upon this statute is likewise groundBargains, e(j tne fourth and fifth of the sixth consales, and co- . . , venanta to veyances, namely, bargains, and sales,

t^a usc.'are an(i covenants to stand seised to uses; all grounded for this statute, wheresoever it findeth upon one sta- . .

tute. a use, conjoineth (he possession to it,

and turneth it into like quality of estate,

condition, rent, and the like, as the use hath.

4. The use is but the equity and

What a use is. , , . . , . ^

honesty to hold the land in conscientia

bani viri. As for example; I and you agree that I shall give you money for your land, and you shall make me assurance of it. I pay you the money, but you make me not assurance of it. Here although the estate of the land be still in you, yet the equity and honesty to have it is with me; and this equity is called the use, upon which I had no remedy but Before 27 H chancery, until this statute was made a. there was of 27 H. VIIT. and now this statute foraeuse?y conjoineth and conveyeth the land to but in chan- him that hath the use. I for my money Ler> paid to you, have the land itself, with

out any other conveyance from you; and it is called a bargain and sale.

But the parliament that made that ^Ra^loth statute did foresee, that it would be mis

not pass land chievous that men's lands should so upon the pay- ., , , , ,. ,

mentof suddenly, upon the payment of a little

outBi^eedI in- money< oe conveyed from them, perad

dcnted and venture in an alehouse or a tavern upon

The stat of strainable advantages, did therefore

27 H. 8. ex- gravely provide another act in the same tendcthnotto ° 'r

places where parliament, that the land upon payment

tesdidenro1 of this moneyshould not Pass away.

except there were a writing indented, made between the two parties, and the said writing also within six months enrolled in some of the courts at Westminster, or in the sessions rolls in the shire where the land lieth j unless it be in cities or corporate towns where they did use to enrol deeds, and there the statute extendeth not. A covenant to The fifth conveyance is a covenant

stand seised to stand seised to uses. It is in this "1 u sort: A man that hath a wife and chil

dren, brethren and kinsfolks, may by writing under

his hand and seal agree, that for their Upon an » . . , • -u

agreement in or any of their preferment he will stand

smndwised seised of his lands to their uses, either

to the use of for life, in tail, or fee, so as he shall any of his . . , . .

kindred, a use s*e cause; upon which agreement in

ateSte"6 writing, there ariseth an equity or honesty, that the land should go according to those agreements; nature and reason allowing these provisions; which equity and honesty is the use. And the use being created in this sort, the statute of 27 H. VIII. before mentioned, conveyeth the estate of the land, as the use is appointed.

And so this covenant to stand seised A COTenant to

to uses, is at this day, since the said stand seised

-i . , -., to a use needstatute, a conveyance of land; and with eth not enrol

this difference from a bargain and sale, n!5"t^f J1 b?r" ° 1 gain ana sale

in that this needeth no enrolment, as a to a use doth, bargain and sale doth; nor needeth it t to be in writing indented, as bargain and sale must: and if the party to whose use he agreeth to stand seised of the land, be not wife, or child, cousin, or one that he meaneth to marry, then will no use rise, and so no conveyance; for although the law alloweth 6uch weighty considerations of marriage and blood to raise uses, yet doth it not admit so trifling considerations, as of acquaintance, schooling, services, or the like.

But where a man maketh an estate D nafine

of his land to others, by fine, feoffment, feJdTmentl'or

or recovery, he may then appoint the n^n'vm"y- a

use to whom he listeth, without respect limit the oe

of marriage, kindred, or other things; listeth."*Mh

for in that case his own will and declar- out con**<!er. , , . , ation ot blood

ation guideth the equity of the estate, or money.

It is not so when he maketh no estate, °ba£Tahf aSd but agreeth to stand seised, nor when he sale, 6r covehath taken any thing, as in the cases of bargain and sale, and covenant to stand seised to uses.

6. The last of the six conveyances of the conis a will in writing; which course of veyance of

„ . , . , , land by wilL

conveyance was first ordained by a

statute made 32 H. VIII. before which statute no man might give land by will, except it were in a borough town, where there was an especial custom that men might give their lands by will; as in London, and many other places.

The not giving of land by will was The not disthought to be a defect at common law, fands°by will,

that men in wars, or suddenly falling wa? tno'?s,hL

'• to be a defect

sick, had no power to dispose of their at the coinlands, except they could make a feoff- mon lawment, or levy a fine, or suffer a recovery; which lack of time would not permit: and for men to do it by these means, when they could not undo it again, was hard; besides, even to the last hour of death, men's minds might alter upon farther proofs of their children or kindred, or increase of children or debt, or defect of servants or friends.

For which cause, it was reason that The course the law should permit him to reserve to ypn',^1^"^ thelastinstantthedisposingofhislands, the stat of and to give him means to dispose of it; i^il power'to

which seeing- it did not fitly serve, men devise tends

. °. ' bv will, was a

used this devise: convev&nce

They conveyed their full estates of ^ej^^ai

their lands, in their good health, to trust, to such

friends in trust, properly called feoffees "hinfid

in tmst; and then they would by their

•ii i i i ..... » . >. their will wills declare how their friends should

dispose of their lands; and if those friends would not perform it, the court of chancery was to compel them by reason of trust; and this trust was called the use of the land, so as the feoffees had the land, and the party himself had the use; which use was in equity, to take the profits for himself, and that the feoffees should make such an estate as he should appoint them; and if he appointed none, then the use should go to the heir, as the estate itself of the land should have done; for the use was to the estate like a shadow following the body.

By this course of putting lands into The incon- ., F ° .

veniences of use there were many inconveniences, as putting lanil tn;g use wn;ch grew first for a reasoning use. 1 &

able cause, namely, to give men power

and liberty to dispose of their own, was turned to deceive many of their just and reasonable rights; as namely, a man that had cause to sue for his land, knew not against whom to bring his action, nor who was owner of it. The wife was defrauded of her thirds; the husband of being tenant by courtesy; the lord of his wardship, relief, heriot, and escheat; the creditor of his extent for debt; the poor tenant of his lease; for these rights and duties were given by law from him that was owner of the land, and none other; which was now the feoffee of trust; and so the old owner, which we call the feoffer, should take the profits, and leave the power to dispose of the land at his discretion to the feoffee; and yet he was not such a tenant as to be seised of the land, so as his wife could have dower, or the lands be extended for his debts, or that he could forfeit it for felony or treason, or that his heir could be in ward for it, or any duty of tenure fall to the lord by his death, or that he could make any leases of it.

Which frauds by degrees of time, as

The frauds of )nev jncreasej were remedied by divers

conveyances'' J

to use, bvde- statutes: as namely, by a statute of 1 H.

Sufe^in!1"'' VI- and 4 H. VIII. it was appointed creased, were that the action may be tried against the statutes, him which taketh the profits, wrhich was then cestuy que use; by a statute made 1 R. III. leases and estates made by cestuy que use are made good, and estates by him acknowledged. 4 H. VII. the heir of cestuy que use is to be in ward; 16 H. VIII. the lord is to have relief upon the death of any cestuy que use.

Which frauds nevertheless multiply

al^yVufse? in* dln>' in the end' 2? H- VIIL the reduceth the parliament, purposing to take away all

cient form o" those uses, and reducing the law to the

conveyances ancient form of conveying of lands by of land, by ... .. . . .'" ,'

feoffment, public livery ot seism, fine, and reco

cSlerayd re' veiT' o^ain, that where lands were

put in trust or use, there the possession

and estate should be presently carried out of the

friends in trust, and settled and invested on him

that had the uses, for such term and time as he had

the use.

In Whatman- Bv ,he stKtnte of 27 H. VIII. the ner the stat. of power of disposing land by will is clear32 H. 8 giveth f . . f o 3

power to dis- ly taken away amongst those frauds; pose of lands whereupon 32 H. VIII. another statute was made, to give men power to give lands by will in this sort. First, it must be by will in writing. Secondly, he must be seised of an estate in fee-simple; for tenant for another man's life, or tenant in tail, cannot give land by will; by that statute 32 H. VIII. he must be solely seised, and not Iranian be j°'n,'y w'tn another; and then being seised of co- thus seised for all the land he holdeth

in socage tenure, he may give it by will, pUe lands and except he hold any piece of land in ctnnot'devise capile by knight's service of the king; ttn,e*wnD,*rts and then laying all together, he can The third part give but two parts by will: for the TMd third part of the whole, as well in soc- answer wardage as in capite, must descend to the anlFse'ism'to heir, to answer wardship, livery, and the crown, primer seisin to the crown.

And so if he hold lands by knight's service of a subject, he can devise of the land but two parts, and the third the lord by wardship, and the heir bydescent is to hold.

And if a man that hath three acres A conveylln(.e

of land holden in capite by knight's by devise or

, . . .' , . ., capite lands to

service, do make a jointure to his wife the wife ror

of one, and convey another to any of herjoiniure, ....!, . , , , &c. void for a

his children, or to friends, to take the third part, by

profits, and to pay his debts, or legacies, 32 H'

or daughter's portions, then the third acre or any

part thereof he cannot give by will, but must suffer

it to descend to the heir, and that must satisfy


Yet a man having three acres as „ ir ii . v —it But a convey

before, may convey all to his wife, or ance by act

children, by conveyance in his life-time fi"Hjih."m" 0r

as by feoffment, fine, recovery, bargain the party of

and sale, or covenant to stand seised to such uses'fo0

uses, and disinherit the heir. But if vo'd.: t"1 , ;. , ... , . . , . if the heir be

the heir be within age when his father within age, he

dieth, the king or other lord shall have S^vbee°ne

that heir in ward, and shall have one ward. Entail

of the three acres during the wardship, of the'thirds.'

and to sue livery and seisin. But at

full age the heir shall have no part of it, but it

shall go according to the conveyance made by the


It hath been debated how the thirds shall be set forth. For it is the use, that all lands which the father leaveth to descend to the heir, being feesimple, or in tail, must be part of the

thirds: and if it be a full third, then the 75* ki"B nor

• lord cannot

king, nor heir, nor lord, can intermed- intermeddle if

die with the rest; if it be not a full ^rt^leftto

third, yet they must take it so much as descend to the

it is, and have a supply out of the rest.

This supply is to be taken thus: if The manner of it be the king's ward, then by a com- TMyklvl?V!"the mission out of the court of wards, part of the whereupon a jury by oath must set nTiUUrd!1* forth so much as shall make up the thirds, except the officers of the court of wards can otherwise agree with the parties. If there be no wardship due to the king, then the other lord is to have this supply by a commission out of the chancery, and jury thereupon.

But in all those cases, the statutes »pne gtatutes do give power to him that maketh the givepowerto will to set forth and appoint of himself set out the which lands shall go for thirds, and third himself, neither king nor lord can refuse it. And if it be not enough, yet they must take that in part, and only have a supply in manner as before is mentioned out of the rest.

[merged small][table]

I. Property by gift.

By gift, the property of goods may orgoodsufde- De passed by word or writing; but if

ceive his ore- there be a general deed of gift made of ditorsis void ,. , . , , . . r . .

against them, all his goods, this is suspicious to be

againsuhe ^one uPon fraud> t0 deceive the cre

executors, ad- ditors.

ministrators, • j •* i_ • ■ j t . 1

or vendee of And if a man who is in debt make a

himselVy t'eec' °^ 8*" °^ a'^ ''is g°°ds to protect the taking of them in execution for his debt, this deed of gift is void, as against those to whom he stood indebted; but as against himself, his own executors or administrators, or any man to whom afterwards he shall sell or convey them, it is good.

II. By sale.

What is a sale Property in goods by sale. By sale, bona fide and any man may convey his own goods to wlierJth'ere is another; and although he may fear

a private re- execution for debts, yet he may sell nervation of , - .

trust between them outright for money at any time the parties. before the execution served; so that there be no reservation of trust between them, that, repaying the money, he shall have the goods again; for that trust, in such case, doth prove plainly a fraud, to prevent the creditors from taking the goods in execution.

III. By theft, or taking in jest.

, . Property of goods by theft, or taking How a sale in . . ' ' 8 '.' 5

market shall in jest. If any man steal my goods or

owne?art°the cha«els, or take them from me in jest, or borrow them of me, or as a trespasser or felon carry them to the market or fair, and sell them, this sale doth bar me of the property of my goods, saving that if he be a horse he must be ridden two hours in the market or fair, between ten and five o'clock, and tolled for in the tollbook, and the seller must bring one to avouch his sale, known to the toll-book-keeper; or else the sale bindeth me not. And for any other goods, where the sale in a market or fair shall bar the owner, being not the seller of his pro

P1^"1?!^TM.,. Perty, it must be sale in a market or

and what mar- K . \ t.

ket such a sale fair where usually things of that nature

made in! be are s0^- As f°r example; if a man steal a horse, and sell him in Smithfield, the true owner is barred by this sale; but if he sell the horse in Cheapside, Newgate, or Westminster market, the true owner is not barred by

this sale; because these markets are usual for flesh, fish, &c. and not for horses.

So whereas by the custom of London in every shop there is a market all the days of the week, saving Sundays and holidays; yet if a piece of plate or jewel that is lost, or chain or gold or pearl that is stolen or borrowed, be sold in a draper's or scrivener's 6hop, or any other but a goldsmith's, this sale barreth not the true owner, et sic in similibus.

Yet by stealing alone of goods, the

thief getteth not such property, but The owner , .° . r f 1' . mav seiie his

that the owner may seize them again goods after

wheresoever he findeth them, except stoier>re

they were sold in fair or market, after

they were stolen, and that bona fide without fraud.

But if the thief be condemned of the iftrie thief be

felony, or outlawed for the same, or condemned for ,! _ , , ... , felonv, or out

outlawed in any personal action, or have tawed, or for

committed a forfeiture of goods to the ^>fe to the"

crown, then the true owner is without crown, the

j_ owner is with

remedy. out remedy.

Nevertheless, if fresh after the goods When the were stolen, the true owner maketh "ake^histXrt pursuit after the thief and goods, and {ftTM ^^cf taketh the goods with the thief, he may the thief of the take them again: and if he make no ^"shaU hare

fresh pursuit, yet if he prosecute the his g°«ts ,, . .. .,, again bv a

felon, so far as justice requireth, that w rit or r •

is, to have him arraigned, indicted, and tlon"

found guilty, though he be not hanged, nor have

judgment of death, or have him outlawed upon the

indictment; in all these cases he shall have his

goods again, by a writ of restitution to the party in

whose hands they are.

IV. By waving of goods.

By waving of goods, a property is gotten thus. A thief having stolen goods, being pursued, flieth away and leaveth the goods. This leaving is called waving, and the property is in the king; except the lord of the manor have right to it, by custom or charter.

But if the felon be indicted, adjudged, or found guilty, or outlawed, at the suit of the owner of these goods, he shall have restitution of these goods, as before.

V. By straying.

By straying, property in live cattle is thus gotten. When they come into other men's grounds straying from the owners, then the party or lord into whose grounds or manors they come, causeth them to be seized, and a wythe put about their necks, and to be cried in three markets adjoining, showing the marks of the cattle; which done, if the true owner claimeth them not within a year and a day, then the property of them is in the lord of the manor whereunto they did stray, if he have all strays by custom or charter, else to the king.

VI. Wreck, and when it shall be said to be. By shipwreck, property of goods is thus gotten.

When a ship loaden is cast away upon the coasts, so that no living creature that was in it when it

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