- II: Coke’s Speech and Charge At the Norwich Assizes
- (preface, Written By Robert Prickett)
- The Lord Coke, the Preface to His Charge Given At the Assises Houlden In Norwich, the Fourth of August, 1606.
- ¶ Here Followeth the Words of His Charge In Order.
- III: Excerpts From the Small Treatises
- A. Book of Entries
- The Preface of Sr. Edward Coke, Knight Lord Chiefe Justice of England of Pleas Before the King Himselfe to Be Holden Assigned, and One of the Lords of His Majesties Most Honorable Privie Councell.
- B. the Compleat Copyholder
- Sec. XXXIII.
- C. Little Treatise On Baile and Mainprize
- The Conclusion With Advertisment.
- IV: Excerpts From the Institutes
- A. the First Part of the Institutes
- The Preface.
- Section 1 Fee Simple
- Section 2 Fee Simple
- Section 3 Fee Simple
- Section 4 Fee Simple
- Section 5 Fee Simple
- Section 7 Fee Simple
- Section 8 Fee Simple
- Section 9 Fee Simple
- Section 10 Fee Simple
- Section 11 Fee Simple
- Section 12 Fee Simple
- Section 21 Fee Tail, Part 2
- Section 69 Tenant At Will, Part 2
- Section 80 Tenant By the Verge, Part 3
- Section 96 Escuage, Part 2
- Section 108 Knight’s Service, Part 6
- Section 138 Frankalmoin, Part 5
- Section 170 Tenure In Burgage, Part 9
- Section 199 Villenage, Part 18
- Section 342 Conditional Estates, Part 17
- Section 366 Conditional Estates, Part 41
- Section 372 Conditional Estates, Part 47
- Section 412 Descents, Part 27
- Section 464 Releases, Part 20
- Section 481 Releases, Part 37
- Section 723 Warranty, Part 30
- Section 728 Fee Warranty, Part 35
- B. the Second Part of the Institutes
- Deo, Patriae, Tibi.
- Magna Charta,
- C. The Third Part of the Institutes
- Deo, Patriae, Tibi.
- Cap. I. of High Treason.
- Cap. II. of Petit Treason.
- Cap. III. of Misprision of Treason.
- | Cap. IV. Felony By Compassing Or Conspiring to Kill the King, Or Any Lord Or Other, of the Kings Counsell.
- Cap. V. of Heresie.
- | Cap. VI. of Felony By Conjuration, Witchcraft, Sorcery, Or Inchantment.
- | Cap. Lxii. of Indictments.
- D. The Fourth Part of the Institutes
- Deo, Patriae, Tibi.
- Cap. I. of What Persons This Court Consisteth.
- Cap. VII. the Court of Kings Bench, Coram Rege. 1
Also purchase is called the possession of lands or tenements that a man hath by his deed or agreement, unto which possession hee commeth not by title of descent from any of his Ancestors, or of his Cousins, but by his owne deed.
Purchase in Latine is either acquisitum, of the verb acquiro, for so I find it in the originall Register 243. In terris vel tenementis quae | viri & mulieres conjunctim acquisiverunt, &c. Bracton, calleth it perquisitum; and by (b) Glanvill it is called quaestus or perquisitum.
A purchase is alwayes intended by title, and most properly by some kinde of conveyance either for money or some other consideration, or freely of gift: for that is in Law also a purchase. But a descent, because it commeth meerely by act of Law, is not said to be a purchase, and accordingly the makers of the act of Parliament in I. Hen. 5. ca. 5 speaketh of them that have lands or tenements by purchase or descent of inheritance. And so it is of an Escheat or the like, because the inheritance is cast upon, or a title vested in the Lord by act in Law and not by his owne deed or agreement, as our Author here saith, Like Law of the state of Tenant by the Courtesie, Tenant in Dower or the like. But such as attaine to lands by meere injurie and wrong, as bydisseisin, intrusion, abatement, usurpation, &c. cannot be said to come in by purchase, no more than Robbery, Burglary, Pyracy or the like can justly be termed purchase.
If a Nobleman, Knight, Esquire, &c. be burried in a Church, and have his Coat armor and Pennions with his armes, and such other ensignes of honour as belong to his degree or order set up in the Church, or if a grave stone or tombe be laid or made, &c. for a monument of him. (c) In this case albeit the freehold of the Church be in the Parson, and that these be annexed to the freehold, yet cannot the Parson or any take them or deface them, but he is subject to an action to the heire, and his heires in the honour and memorie of whose Ancestor they were set up. And so it was holden, Mic. 10. Ja. And here with agreeth the Lawes (d) in other Countries. Note this kinde of inheritance: and some hold that the wife or Executors that first set them up may have an action in that case against those that deface them in their time. And note that in some places chattels as heire-loomes, (as the best bed, table, pot, pan, cart, and other dead chattels movable) may goe to the heire, and the heire in that case may have an action so; for them at the Common Law, and shall not sue for them in the Ecclesiasticall Court, but the heire-loome is due by Custome and not by the Common Law. And the (e) ancient jewels of the Crowne are heire-loomes and shall descend to the next Successor, and are not devisable by testament.
An heire-loome is called principalium or haereditarium.
Consuetudo hundredi de Stretford in Com’ Oxon’ est quod haeredes ten’torum infra hundredum praedictum existen’ post mortem antecessorum suorum habebunt, &c.principalium, Anglice an heire-loome, viz. De quodam genere catallor’, utensilium, &c. optimum plaustrum, optimam carucam, optimum ciphum, &c.
Our Author hath not spoken of parcencers in this Chapter, for that he hath particular Chapters of the same.
Bracton lib. 2. fol. 65. [Ed.: As to land, it may be held by men and women, jointly acquired.]
(b) Glavnill lib. 7. cap. I. Brit. c. 33. fo. 84 & 121.
Pl. Com. Wimbishes case 47.b. 1. H. 5. ca. 5.
(c) 9. H. 4. 24.
Mich. 10. Ja obiter in Com. banc in Pyms case.
(d) B. Cassanaeus fol. 13. Conc. 29. 30. E. 3. 2. & 3. 39. E. 2. 6. 9. 10. I. H. 5 tit Executors 108 tit. Descent Br. 43. 9. E. 4. 15. Madam Wiches case.
(e) Vide 28. H. 8. 24.
[Ed.: principal [or] hereditary thing.]
Int. adjudicata coram Rege Tr. 41. E. 3. lib. 2 fol 104. in Thesaur. Sect. 241. 242. &c.
[Ed.: The custom of the hundred of Stretford in the country of Oxford is that the heirs of tenements within the aforesaid hundred, after the death of their ancestors, have [and have been accustomed since time immemorial to have] a principal, in English ‘heirloom’, that is to say, from whatever kind of chattels, utensils, etc., the best cart, the best plough, the best cup, etc.]
[Ed.: The degrees of relationship, etc.]