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WHAT the Use of the Law principally consisteth in

Surety to keep the peace

Action of the case, for slander, battery, &c.

Appeal of murder given to the next of kin

Manslaughter, and when a forfeiture of goods, and when


Felo de se, felony by mischance, deodand


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. 373

. 373


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Cutting out of tongues, and putting out of eyes, made felony. 374 The office of the constable

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Two high constables for every hundred, and one petty constable for every village

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The King's Bench first instituted, and in what matters they
anciently had jurisdiction
The court of Marshalsea erected, and its jurisdiction within
twelve miles of the chief tunnel of the king, which is the
full extent of the verge
Sheriff's Tourn instituted upon the division of England into
counties: the charge of this court was committed to the
earl of the same county

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Subdivision of the county courts into hundreds

The charge of the county taken from the earls, and committed yearly to such persons as it pleased the king

The sheriff is judge of all hundred courts not given away

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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

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Book allowed to clergy for the scarcity of them to be disposed

in religious houses

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

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

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

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In escheat two things are to be observed

Concerning the tenure of lands

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

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· 400

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.

Villenage or tenure by copy of court roll

Court baron, with the use of it

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He that standeth mute forfeiteth no lands, except for treason

He that killeth himself forfeiteth but his chattels

Flying for felony a forfeiture of goods

Lands entailed escheat to the king for treason

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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
Leases for years go to the executors, and not to the heirs
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

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The inconveniences of these perpetuities

The last and greatest estate in land is fee simple

The difference between a remainder and a reversion

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by forfeiture

by executorship

by letters of administration

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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

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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
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

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

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When a will is made, and no executor named, administration

is to be committed cum testamento annexo

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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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