coke a sir richard LECHFORDS case hill James the custom of a manor be that  those who claim copyhold by descent ought to come at the first second or three  court upon proclamation make to take up their estate or else their estate  shall be forfeit a tenant of the manor have issue inheritable by the custom  die such issue be at that time beyond sea the proclamation all pass and the  heir do not appear for two year but remain beyond sea immediate upon his  return he pray to be admit to the copyhold and proffer the lord his fine in  court which the lord refuse to accept or to admit the heir but seize the land  as forfeit hold there be nor forfeiture if the heir have be within the realm  at the time of the first proclamation and afterward have go out of the realm  the proclamation will have bind he at commonlaw if a man be within the realm  at the time of the fine levy and within the year go beyond the sea he be bind  so if a man be seize and then go beyond the sea and a descent be cast his  entry be toll if he who be beyond sea shall not be bind by nonclaim on a fine  which be a matter of record a strong he shall not be bind by nonclaim on a  descent which be a matter in pais if a man seize and afterward imprison a  descent cast shall toll his entry if a man seize of land have issue two son  bastard eigne and mulier puisne die the mulier be beyond sea or within age or  imprison or non san memory and the bastard eigne enter and have issue and die  and the land descend to his issue the right of the mulier be bind for ever so  if a bastard bear before marriage enter and have issue c the collateral heir  and the lord by escheat be bind SC cro James cro James Whitton and William S p  Carth in a ejectment in the king bench by Thomas undrell plaintiff and Bristol  elsey defendant on a demise make by William Copley n year James Reg of coke  report b er p a house and twenty acre of land c in lee in the county of Surre  for the term of one year the defendant plead that Richard Lechford knight be  seize of the tenement in which c in his demesne as of fee and lease to the  defendant for his life and that William Copley seize he and make the lease to  the plaintiff and that the defendant reenter c and the plaintiff reply and say  that the tenement that in which c be et a tempore pron  interrog  c be parcel  of the manor of Sherwood in lee aforesaid whereof Henry Lechford Esq be seize  and that the say tenement in which c be et a tempore pron  interrog  c be  demise and demiseable c by copy of court roll c and that the say Henry  Lechford at the court of his manor year Elizabeth grant the say tenement to  Thomas Copley father of the say William Copley to have and to hold to he and  his heir by copy of courtroll c and afterward the say Thomas Copley die seize  thereof of such estate which descend to the say William Copley his son and  heir the lessor c the estate of the say Henry Lechford in the say manor the  say sir Richard Lechford knight now have who enter upon the possession of the  say William Copley the son and oust he of the tenement in which c and demise  they to Bristol elsey as be aforesaid upon who the say William Copley reenter  and demise they to the plaintiff c to which the defendant rejoin and confess  that the tenement in which c be parcel of the manor and demise and demiseable  c and the grant by copy make to coke b the say Thomas Copley and the descent  to William Copley prout c but far he say that within the say manor there be et  a tempore pron  interrog  c be such a custom that if any customary tenant of  the say manor die seize of any land or tenement hold by copy c in feesimple c  that every heir of such tenant so die seize shall pay a reasonable a Cr James  a fine for his admittance foe be in full court of the say manor by the lord or  his steward impose and assess and far within the say manor there be another  custom a tempore pron  interrog  c that if any copyhold tenant seize of any  land or tenement hold by copy c of the say manor in feesimple die thereof  seize and his heir do come at the next court of the say manor and claim the  say tenement and pray to be admit to they c then a b Cr James b public  proclamation shall be make in full court that the say heir come at the same  court to claim the same land and to pray to be admit and so at two other court  follow of the say manor the like proclamation shall be make and if such heir  at any of the say court in which proclamation shall be so make come not to  claim the say tenement and pray to be admit to they then the lord of the manor  have always be use and accustom to seize they into his hand as forfeit to he  and plead that three proclamation be make at three several court c accord to  the custom and the say William Copley son and heir of the say Thomas Copley  come not to any of they to claim the same land and pray to be admit to they  wherefore the say sir Richard Lechford then and yet lord of the say manor  seize the tenement aforesaid in which c as c   light a Bridgm c forfeit to he  and lease they to the defendant as aforesaid to which the plaintiff say that  the say Thomas Copley primo Julii Elizabeth die as be aforesaid seize of the  say tenement after who death the tenement aforesaid in which c d Carth d  descend to the say William Copley as aforesaid and that at the time of the  death of the say Thomas Copley and at the time of the say several proclamation  the say William Copley be resident at brussels beyond the sea extra quatuor  maria et there per totum time remaneba and there for all the say time remain  until the first day of September year James Reg which day he return from  brussels aforesaid into England and that immediate after his return to lee  aforesaid then have notice and not before of the death of the say Thomas  Copley the say William that of September James come to the say sir Richard  Lechford then lord of the say manor and pray to be admit to the tenement  aforesaid in which c and offer the say lord any reasonable fine for his  admittance to they which the say lord utter refuse c upon which the defendant  demurrer in law coke report a er p and it be adjudge coke a that this custom  and nonclaim Cr James cro James shall not bar he who be beyond sea extra maria  at the time of the proclamation make of his inheritance because he who be out  of the realm can not have a Cr James a knowledge by intendment of law of the  death of his father nor of the proclamation make to warn he to come to claim  his inheritance and pray to be admit to it a by the general custom the lord be  only authorize to seize the land until the tenant come in to be admit to  warrant a absolute forfeiture of a copyhold by the mere nonappearance of the  heir to be admit there must be a particular custom and there must be the great  accuracy in the lord proceed yet on proclamation be make for the heir to come  in it be not necessary to specify the particular estate of which the former  tenant die seize nor in order to seize to prove the proclamation viva voice  Titus v Perkins skin do v hellier TR contra Lord Salisbury case keb Vid SC I  lev but it be absolute necessary in order to warrant the lord in seize that  proclamation be make on the regular presentment for till presentment and  proclamation be actual make the heir be not oblige to claim Rumney and eve  case Leon Anderson and Haywards case Leon SC Leon Watk Copy with respect to  infant and femes covert entitle by descent or by surrender to the use of a  will it be provide by stat Geo c that no forfeiture shall be incur by reason  of their not come in to be admit on such proclamation and the statute then  prescribe the manner of their admission and the lord remedy for his fine this  Act be confine to the case express videlicet Title by descent or surrender to  the use of a will and do not apply to a title under a deed Lord Kensington v  Mansell Ves Vid Watkins on copyhold Vol p gilbert tenor Scriven on copyhold  Vol I Com dig copyhold m a and it appear by the statute de modus to lift up  fine make b Inst b e that a fine levy of land in the common plea be as high a  bar and of as great force and of so high nature in itself that it bar not only  those who be party and privy to the fine and their heir but all other people  of the world who be of full age out of prison of good memory and within the  four sea the day of the fine levy if they do not make their claim within the  year and day c and it appear also by the statute de gift conditional make c    light a Inst c e upon which it be conclude that if the sublimity of a fine  which be so high a bar and of so great force and of so puissant a nature and  which have such solemnity in so high a court of record shall not bar he who be  out of the realm of his right a strong proclamation make in a base court in a  private corner shall not bar he so judgement final in a writ of a   light b    b Ves a right in the common plea shall bind all stranger if they make not  their claim within the year and day after the judgement and execution and yet  the commonlaw except infant those who be out of the realm or be imprison c and  therewith agree e and e that the year and day shall be account after the b   b  a Plowd b b execution for by the transmutation of the possession the country  have notice of it vide e r escheat blow Com and the reason why a recovery in a  writ of right where the trial be by battle b by stat Geo c it be enact that  for the future in no writ of right shall the tenant be receive to wage battle  nor shall issue be join nor trial he have by battle in any writ of right b or  grand assize be final to all stranger be for the grand notice that man have of  battle and of the trial by grand assize their proceed and performance be with  so notorious famous and public solemnities and if such recovery with such  solemnities shall not bar he who be out of the realm nor infant nor a man non  san memory nor a man in prison a strong custom and proclamation in a private  court of a manor shall not bind they and the law in these case be ground upon  great reason for he who be out of the realm in coke report b er p another  country can by intendment of law have notice of thing do within this realm a  infant have not understanding nor can know his right either to follow it by  entry or action so of a man non san memor who want reason and sense to make a  claim so of he who be imprison who by judgement of law ought to be in spurt c    a hard Inst dalt Sher Cr car roll Inst   light a   b c et arct guard know  spurt as to the party at who suit coke b he be imprison because he ought to be  imprison so strong that he may not escape and to shut up in respect he ought  to be keep close without conference with other or d   b   light a Plowd a d  intelligence of thing abroad and he ought not to go out of the prison to make  his claim and that be the reason that a recovery e light sect   light b light  b h a b Fitzherbert default Br default Plowd a e by default against he in a  real action shall not bind he but he shall reverse it by error as it appear in  Edward b Edward Disceit light b notam reader that a f hob Plowd a   light b f  feme covert be not mention in any of the say act but be bind at commonlaw by  nonclaim because she have a husband who may make it and that be one of the  reason that the statute of Edward c oust nonclaim but the statute of Henry c  except g   b g feme covert who be stranger to the fine so that she make her  claim within five year after the death of her husband and at the commonlaw man  out of the h roll Plowd a hob h realm infant man non san memory and in prison  who be not bind to make claim within the year and day be perpetual for they  and their heir exempt from make claim and therefore it be resolve that the say  custom in the case at bar be so to be intend that it shall bind he who do not  make his claim c if he be within the realm Mod c I show salk comb Lutw of full  age of perfect memory and out of prison for no custom by the law can extend to  bar those who by judgement of law be not bind to make claim but it be resolve  that if William Copley have be within the realm at the time of the first  proclamation and afterward a Cr James a go out of the realm that the  proclamation shall bind he although he be extra quatu maria at the time of the  other proclamation for he shall not defeat the lord of his fine or forfeiture  by his own act c so in the case of the statute of limitation when once they  have begin to run no subsequent disability will stop their run do v Jones TR  cotterell v Dutton taunt smith v Hiill I will c vide h a and the reason of  light lib fol a be well observe who have put the case of nonclaim of he who be  out of the realm that it shall not hurt he in the case of fine he say as  follow by great reason c b   light b light sect b that a seize and a descent  which be matter in fact shall not so much grieve he who be so seize when he be  out of the realm at the time of the seize and also at the time that the seize  die seize but that he may well enter notwithstanding the descent upon which  two thing be collect that as at the commonlaw if a mail be within the realm at  the time of the fine levy and within the year go beyond the sea he shall be  bind so if a man be seize and afterward go beyond the sea a descent cast  afterward shall toll the entry as appear also by Littleton b c   light sect c  the second thing be that if he who be out of the realm shall not be bind by  nonclaim on a fine which be a matter of record a strong he shall not be bind  by nonclaim of a descent which be a matter in pais d light sect d if a man be  seize and afterward be imprison and afterward a descent be cast it shall toll  his entry and therewith agree h a coke report a er p and e blow a e some say  in this case that if a man be seize of land and have issue two son bastard  eigne and mulier puisne and the father die seize the mulier be coke a beyond  sea or within age or imprison or non san memory and the bastard eigne enter  and continue in peaceable possession of the land and have issue and die and  the land descend to his issue the right of the mulier in all the say case be  bind for ever and some hold the contrary it be resolve that forasmuch as  William Copley be out of the realm at the time of the death of his father  although he be not in the king service yet he shall not be f Cr James palm f  bar by the say custom and proclamation because he can not by intendment of law  have notice and at the commonlaw he shall not be bar by nonclaim on a fine or  writ of right Bracton Jib tract de exception cap fol g   light b a g excusatur  quis quod clameum non apposueri ut si in toto tempore litigii to be ultra mare  wherever occasion Littl send for fol a vide h a h error h I ass p h e Coron  the preamble of the statute of h cap and and e cap note reader as to those  case which have be put of bastard eigne and mulier puisne I conceive that the  better opinion be that in such case the mulier shall be bar for ever and the  reason be because the continuance in possession and die seize in peace and  descent to his issue make he heir and his issue shall inherit as heir because  he be legitimate by the law of holy church for as Bracton lib fol say marriage  to follow after lawful compose quoad sacerdotium because they be legitimate by  the commonlaw non quoad succession prop experience royal power and see to have  in opposite direction d Vid pale yellow ten note   Litt b a Bla Com c p b vin  ab descent c d d d and by the law of England by the continuance in possession  and die seize in peace and descent c he be adjudge a   light a a heir to his  father for although the bastard die seize without issue so that the land do  not descend the muliershall have it and therewith agree abridgm ass fol and  the rule in Edward bastardy be so to be intend b ib b justice non be once  antenatum corpse to make bastardum who toto tempore his pro fixed by law to  have vide e and ass p and in the case of legitimation which be in law so  precious and of so great estimation the law do not respect infancy or other  defect in the mulier but prefer legitimation of blood before any benefit of  temporal inheritance and therefore the law say that by the death of the  bastard eigne in peace he become right heir and by consequence the mulier be  bar vide e Br descent c Plowd a Br age Br descent Br Entre congeable c ass p  and John allein case and Edward verdict the same case d blow a Fitzherbert  have Br descent Br Ent congeable d ass p Plowdens commentary Stowels case vide  Edward the die seize of the bastard eigne bind the e   light a blow a e right  and the descent not only take away the entry but the right also and therefore  a descent in that case may be a bar to the right when it shall not take away  the entry in case of seize as a descent of f   light a b f service rend  reversion expectant on a estate tail c coke b shall bar g   light a a g the  right of the mulier as appear in Edward bastardy but such descent shall not  take away the entry or claim of the disseizee and so in many other case as  appear by the book afterward cite in this case and if a man have two h   light  a h daughter bastard eigne and mulier puisne and they enter and occupy as heir  now the law in favour of legitimation will not adjudge the whole possession in  the mulier who then have the sore right but in both so that if the bastard die  seize her issue shall inherit and therewith agree coke report a er p Edward  abridge by Fitzherbert title have and if in the same case the daughter sure  the bastard eigne and mulier puisne enter and make I   light b b vin ab Desc c  I partition this partition shall bind the mulier for ever Edward have Edward b  ass p but if partition be make betwixt two daughter where one have no colour  as to the special estatetail there the partition be void ass p Hugh de  Wimondhams case and a assize of a   light b Inst a mortdancester do not lie  betwixt the mulier and the bastard eigne no more than betwixt two brother and  therewith agree Britton c and if the bastard eigne enter and be seize of land  as heir he shall be vouch as heir and if he be within age the parole shall  demurrer Edward voucher b Br vouch   light b roll e a h a b and if a man have  issue bastard eigne and mulier puisne and die and the bastard within age enter  and be implead he shall have c   light b roll   light a c age and therewith  agree the book in e age which case prove that when the bastard eigne enter  into the land until he be interrupt he be account heir although the mulier be  within age for when the bastard eigne be within age of necessity the mulier  puisne also ought to be within age vide Henry and if a man have issue bastard  eigne and mulier puisne and the bastard have issue and die in the life of his  father and afterward the father die and the issue of the bastard enter and die  without interruption some say it shall bar the mulier so if a bastard bear  before marriage enter and have issue and die seize it shall bar d   light a d  the collateral heir and the lord by escheat as well as the mulier puisne so if  the bastard eigne enter and die seize his wife with child with a son and  afterward the son be bear he shall inherit the land for inasmuch as his father  die in possession without interruption the mulier shall not allege against the  issue bastardy in his father who be dead and if the bastard eigne die seize  and his issue e ib e endow the wife of the bastard yet the mulier shall not  enter upon the tenant in dower for the right of the mulier be bar by the die  seize and the descent otherwise it be of a descent which toll entry only and  not the right the same law in the case aforesaid if the wife of the father of  the bastard eigne and mulier puisne be endow yet the issue of the bastard  shall have the reversion of it causan how above vide e waste h have ass p e  bastardy coke a Edward bastardy Edward bastardy Edward the last case ass p e  Abridg title faux recov Edward Plowd Com Talbot case and stowell case note  reader the reason why the young son who be bear during the marriage of a  lawful wife be call mulier puisne seu thread mulieratus be because this word f    Litt b f mulier in Latin have three signification sub nomin woman to hold  together qulibet fmina own to hold together mulier queen virgo non be  appellation woman in law England to hold together wife so that thread born ex  justice wife to drive to in law England thread mulieratus as bastardus to say  a Grco noun hassaris I e meretrix seu concubine because to bring forth ex  courtesan sive catamite and therewith agree Glanville c quod si yes be c tunc  melioris condition be in hoc bastardus thread how mulieratus c where he make a  opposition of a son mulier to a bastard son and there mulier be take for  legitimate procreate de wife et bastardus ex courtesan sive concubine and  therewith agree Britton cap of Mortdauncester fol b where he say in the same  manner of two brother of diverse mother and between a brother mulier and a  brother bastard c and the book in Edward bastardy Edward bastardy Edward ass p  Edward c Littleton where above c coke report b er p