Section 69 Tenant at Will, part 2 - Sir Edward Coke, Selected Writings of Sir Edward Coke, vol. II [1606]
Edition used:
The Selected Writings and Speeches of Sir Edward Coke, ed. Steve Sheppard (Indianapolis: Liberty Fund, 2003). Vol. 2.
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- 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
- Epilogue
- 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
Section 69
Tenant at Will, part 2
| Also if a house be letten to one to hold at will, by force whereof the Lessee entreth into the house, & brings his householdstuffe into the same, and after the Lessor puts him out, yet hee shall have free entrie, egresse and regresse into the said house, by reasonable time to take away his goods and Utensils. As if a man seised of a mese in fee simple, fee taile, or for life, hath certain goods within the said house, and makes his Executors, and dieth, whosoever after his decease hath the house, his Executors shall have free entrie egresse and regresse to carrie out of the same house the goods of their testator by reasonable time.
“if a house be letten to one to hold at will,”
The reason of this is evident upon that which hath beene said before.
“house.”
or Mai-|-son, called in Legall Latine Messuagium, containeth (as hath beene said) the Buildings, Curtelage, Orchard, and Garden.
Cottage, Cotagium is a little house without land to it. (a) See 31. Eliz. cap. I and Cottagers in Doomesday Booke are called Cotterelli: and in ancient Records Haga signifieth a house. If a man hath a house neer to my house, and hee suffereth his house to be so ruinous, as it is like to fall upon my house, (b) I may have a writ De domo reparanda, and compell him to repaire his house. But a Praecipe lieth not de domo, but de messuagio.
“by reasonable time”
(c) This reasonable time shall be adjudged by the discretion of the Justices, before whom the cause dependeth; and so it is of reasonable fines, customes, and services, upon the true state of the case depending before them; for reasonableness in these cases belongeth to the knowledge of the Law, and therefore to be decided by the Justices. (d)Quam longum esse debet non definitur in jure, sed pendet ex discretione Justiciariorum: And this being said of time, the like may be said of things incertaine, which ought to be reasonable; for nothing that is contrarie to reason, is consonant to Law.
(e) “As if a man seised of a mese in fee simple, fee taile,”
This is so evident as it needeth no explaination.
(a) 31. El. ca. 1. in Doomesday.
(b) Reg. 153. F.N.B. 127. 4. E. 2. Vouch 244. Six acres of land may be parcell of a house.
[Ed.: A writ by which one tenant in common could compel his cotenant to contribute towards the repair of common property.]
[Ed.: [not] for a house [but] for a messuage.]
(c) 22. E. 4. 27. 34. H. 6. 40.
(d) Bract. li. 2. ca. 5a. 5b.
[Ed.: How long reasonable time ought to be is not defined by law, but depends upon the discretion of the judges.]
(e) 2. H. 6. 15. 21. H. 6. 30.
[Ed.: house and its appurtenances.]
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