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Hundred courts, to whom first granted

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Lord of the hundred to appoint two high constables
What matters they inquire of in leets and law-days
Conservators of the peace, and what their office was
Conservators of the peace by virtue of their office
Justices of peace ordained in lieu of conservators; of placing
and displacing of justices of peace by use delegated from
the king to the chancellor
The power of the justice of peace to fine the offenders to the

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crown, and not to recompense the party grieved

Authority of the justices of the peace, through whom ran all

the county services to the crown

Beating, killing, burning of houses
Attachments for surety of the peace

Recognizances of the peace delivered by the justices at their

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Quarter-sessions held by the justices of peace

The authority of justices of the peace out of their sessions Judges of assize came in place of the ancient judges in eyre, about the time of R. II.





. 382


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England divided into six circuits, and two learned men in the laws assigned by the king's commission to ride twice a year through those shires allotted to that circuit, for the trial of private titles to lands and goods, and all treasons and felonies, which the county courts meddle not in 384-5 The authority of the judges in eyre translated by Parliament to justices of assize

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The authority of the justices of assizes much lessened by the Court of Common Pleas, erected in Henry III. time 385 The justices of assize have at this day five commissions by which they sit, viz. 1. Oyer and Terminer. 2. Gaol Delivery. 3. To take assizes. 4. To take Nisi Prius. 5. Of the peace Book allowed to clergy for the scarcity of them to be disposed in religious houses

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The course the judges hold in their circuits in the execution of their commission concerning the taking of Nisi Prius 390–1 The justices of the peace and the sheriff are to attend the judges in their county

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Of property of lands to be gained by entry
Land left by the sea belongeth to the king


. 392

Property of lands by descent

Three rules of descent

Customs of certain places

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Every heir having land is bound by the binding acts of his

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The reservations in knight's service tenure are four
Homage and fealty

Knight's service in capite is a tenure de persona regis
Grand serjeantry, petty serjeantry

The institution of socage in capite, and that it is now turned

into money rents

Ancient demesne, what

Office of alienation

How manors were at first created

Knight's service tenure reserved to common persons

Soccage tenure reserved by the lord.

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Villenage or tenure by copy of court roll


Court baron, with the use of it

. 405

What attainders shall give the escheat to the lord
Prayer of clergy

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. 406

He that standeth mute forfeiteth no lands, except for treason

He that killeth himself forfeiteth but his chattels

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person attainted may purchase, but it shall be to the king's


Property of lands by conveyance is first distributed into estates, for years, for life, in tail, and fee simple

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Leases for years go to the executors, and not to the heirs 409--10 Leases, by what means they are forfeitable

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What livery of seisin is, and how it is requisite to every estate

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Of the new device, called a perpetuity, which is an entail with an addition


. 409

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The last and greatest estate in land is fee simple

. 414

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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,
if he have not intermeddled with the goods
An executor ought to pay, 1. Judgments. 2. Stat. Recog.
3. Debts by bonds and bills sealed. 4. Rent unpaid.
5. Servants' Wages. 6. Head workmen. 7. Shop
book, and contracts by word

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Debts due in equal degree of record, the executor may pay

which of them he please before suit be commenced

But it is otherwise with administrators
Property by legacy





430 430-1

Legacies are to be paid before debts by shop books, bills unsealed, or contracts by word

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An executor may pay which legacy he will first. Or if the executors do want, they may sell any legacy to pay debts

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. 432

When a will is made, and no executor named, administration is to be committed cum testamento annexo




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 [an2 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.

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