In London. the lord, without delay, to do full right to the demandant. When the lands lay in London, the writ was directed to the Mayor and How removed. Sheriffs, and was called a writ of right in London: And when the writ was brought originally in the lord's court, it was removeable into the county court, by writ of tolt; and from thence into the Common Pleas, by writ of pone, or recordari facias loquelam. Right close. Præcipe in For lands in ancient demesne. When the lands were holden of the King in chief, the writ of right was called a præcipe in capite, and was a writ close, directed to the sheriff, returnable in the Common Pleas d; or, if they were holden of a subject, the writ might nevertheless have been brought there, by consent of the lord of whom they were holden, suggesting that he had remitted his court; and then it was called a writ of right quia dominus remisit curiame. There was likewise a writ, called a little writ of right close, parvum breve, secundum consuetudinem manerii, which lay for the king's tenants in ancient demesne, and others of a similar nature, to try the right to their lands and tenements, in the court of the lord exclusively. When the writ of right was brought by one parcener, &c., in fee against another, who entered into the whole, it was called a writ of right de Right of advow- rationabili parte1; or, if brought for an advowson, by him who had the fee, it was called a writ of right of advowsoni. De rationabili parte. son. Writs in nature of writ of right. Formedon. The writ of right, properly so called, only lay for tenant in fee simple, of lands or tenements; and therefore, where the tenant's estate or interest was not of so high a nature, other writs were provided by the common law, in nature of a writ of right1; as the writ of formedon, which lay for tenant in tail, remainder-man, or reversioner, F. N. B. 1. Booth, 87. Com. Dig. tit. Droit, B. 1. 3 Chit. Blac. Com. 194, 5. and see 2 Wms. Saund. 5 Ed. 45. n. 3 Chit. Pl. 1355, &c. Roscoe on real actions, 20. Lee Pr. Dict. 1051. Tyssen v. Clarke, 3 Wils. 419. 541. b F. N. B. 6. Booth, 117. Com. Dig. tit. Droit, D. 1 Rosc. 21. F. N. B. 3. Booth, 89. Com. Dig. tit. Droit, B. 5, 6. 3 Blac. Com. 196. 1 Rosc. 20. d F. N. B. 5. Booth, 116. Com. Dig. tit. Droit, C. 1. 1 Rosc. 20. Booth, 91. Com. Dig. tit. Droit, C. 2. 2 Wms. Saund. 45. n. 3 Chit. in the descendera, remainder, or reverter; the writ of right of dower, Right of dower. which was sometimes, though improperly, called a writ of right, and lay to the heir or feoffee, to do right to the widow, when she had had nihil habet. of dower. ceal. only part of her dowere; or, if no part of the dower had been Dower unde assigned, the widow might have had a writ of dower unde nihil habet; and if the heir, being within age, or his guardian, assigned Admeasurement her more than she ought to have had, they might have been remedied by a writ of admeasurement of dowers; the writ of quod ei deforceat, Quod ei deforwhich was given by the statute Westm. II. (13 Edw. 1.) c. 4. where the owners of a particular estate, as for life, in dower, by the curtesy, or in fee tail, were barred of the right of possession, by a recovery had against them, on their default or non-appearance, in a possessory action; and the writ of deceit, which lay for a tenant in a real action, Writ of deceit. who had lost lands by default, in consequence of his not having been summoned by the sheriff, against the recoveror, and against the sheriff for his false return. This writ also lay, where a fine was levied in the court of Common Pleas, of lands holden in ancient demesne, in which case the lord might have reversed it by writ of cient demesne. deceit; and such writ might have been brought by the lord against the parties to the fine, and the cestui que use; and thereby he obtained judgment, not only for damages, (which were usually remitted,) but also to recover his court, and jurisdiction over the lands, The writ of right, properly so called, lay for the recovery of lands and tenements in fee simple only; (ante, 1.) but the writ of right of dower was brought for the recovery of an estate for life. e * F. N. B. 7. Booth, 118. Com. Dig. tit. Dower, G. 1. 3 Chit. Blac. Com. 183. 1 Rosc. 29. f F. N. B. 147. Booth, 166. Com. Dig. tit. Dower, G. 2. 3 Chit. Blac. Com. 183. This writ was formerly con- F. N. B. 148. Finch, L. 314. h F. N. B. 155. Booth, 253. Finch i F. N. B. 99. G. Booth, 251. 1 Rosc. 136. This writ was sometimes issued out of the Common Pleas; or it might have been sued out of the court of Chancery. F. N. B. 99, G. Booth, 252. For reversing fine or recovery, of lands in an CHAP. I. By stat. 3 & 4 W. IV. c. 74. $ 4. Writs founded on relation of lord and tenant. Right sur disclaimer. Right of ward. De nativo habendo. Customs and services. Cessavit per biennium. Escheat. and to annul the former proceedings . This writ, it will be seen, parties thereto, and persons claiming under them, as if not re"versed as to the lord." It may admit of doubt, whether, under this latter statute, a writ of deceit can be brought, for reversing a fine or recovery of lands in ancient demesne, after the periods mentioned in the former statute. Other writs, in nature of writs of right, chiefly founded on the relation of lord and tenant, were, on behalf of the former, the writ of right sur disclaimer, which lay for land which the tenant disclaimed to hold of him; the writ of right of ward, which lay where the tenant died in his homage, and a stranger seized the body or land of the heire; the writ de nativo habendo, where the lord claimed an inheritance in his villein, who fled out of his manor f; the writ of customs and services, which lay for the lord, when his tenant deforced him of his rent, or other services; the writ of cessavit per biennium, which was given by the statute of Gloucester, (6 Edw. I.) c. 4. and Westm. II. (13 Edw. 1.) c. 21. & 41., where the tenant ceased to do his services for two years, and there was no distress for them1; the writ of escheat, which lay when a tenant in fee died without a F. N. B. 98. 2 Inst. 513. Rast. Ent. 100. b. Zouch v. Thompson, 3 Lev. 415. 419. 1 Ld. Raym. 177. 1 Salk. 210. 3 Salk. 35. S. C. Earl of Plymouth v. James, 1 Lutw. 711. Rex v. Firebrace, Barnes, 258. Rex ". Mead, 2 Wils. 17. Rex v. Hadlow, 2 Blac. Rep. 1170. 3 Chit. Blac. Com. 166. 5 Cruise Dig. 102. 250. 484. 1 Rosc. 139. b Post, 13. 3 & 4 W. IV. c. 74. § 4. d Booth, 133. Com. Dig. tit. Droit, F. 3 Chit. Blac. Com. 233. 1 Rosc. 31. e F. N. B. 139. Booth, 132. 1 Rosc. 31. f F. N. B. 77. Booth, 127. Lil. Ass. in Pref. 6, 7. Com. Dig. tit. Villenage, C. 1. 1 Rosc. 35. Upon a nativo habendo delivered to the sheriff, before removal by pone, the defendant might have sued out a writ de libertate probandâ, whereupon the whole was removed before the justices in Eyre. Com. Dig. tit. Villenage, C. 3. 1 Rosc. 36. EF. N. B. 151. Com. Dig. tit. Droit, G. 3 Chit. Blac. Com. 231. 1 Rosc. 32. h In Co. Lit. 239, this is called a writ of entry. i F. N. B. 208. Booth, 133. Com. Dig. tit. Cessavit, A. 3 Chit. Blac. Com. 231, 2. 1 Rosc. 32. CHAP. I. dinum. ten ant. heira; the writs of quid juris clamat, quem redditum reddit, and per quæ servitia, the first of which lay for the grantee by fine of a reversion or remainder, to enforce the attornment of the tenant for life; the second, for the grantee by fine of a rent, to compel the tenant of the land out of which it issued to attorn; and the third, for the conusee in a fine, to whom the lord had granted his seignory ; also, the writ of secta ad molendinum, which lay for the Secta ad molentenant's refusing to grind at the lord's mill, as he ought, by service or prescription. On behalf of the tenant, writs, in nature of writs On behalf of of right, were the writ of ne injuste vexes, which lay for the tenant, when the lord, without coercion, had seisin of greater services than he ought; the writ of mesne, which lay for the tenant paravail Mesne. to be acquitted, when he was distrained by the lord paramount; and the writ of warrantia charta, which lay where a man enfeoffed Warrantia another by deed, and bound himself and his heir to warranty, &c., and the feoffee was afterwards impleaded in an assise, or writ of entry in nature of an assise, in which he could not vouch h. There were also some writs, in nature of writs of right, peculiarly applicable to tolls, commons, ways, boundaries, and inclosures: as the writ De essendo de essendo quietum de theolonio, to be quit of tolls; the writ of quo jure, which lay by him who had the fee in the land, against him who claimed common therek; the writ of quod permittat, for the tenant to have common of pasture', or estovers1; the writ of ad B F. N. B. 143. Booth, 135. Com. Dig. tit. Escheat, B. J. 3 Chit. Blac. Com. 194. 1 Rosc. 34. F. N. B. 147. A. Co. Lit. 316. b. 320. a. b. Booth, 249, 50. Vin. Abr. tit. Quid juris clamat. Com. Dig. tit. Fine, F. Prest. Shep. Touch. 255. Co. Lit. 316. b. Booth, 250. Com. Dig. tit. Fine, F. Prest. Shep. Touch. 255. d Co. Lit. 252. a. 316. b. 320, b. Booth, 249. Com. Dig. tit. Fine, F. Prest. Shep. Touch. 255. and see stat. 23 Eliz. c. 3. § 5. 1 Rose. 145. e F. N. B. 122. Booth, 137. Com. Dig. tit. Droit, H. 3 Chit. Blac. Com. 235. 1 Rosc. 36. F. N. B. 10. Booth, 126. Com. Dig. tit. Droit, I. 3 Chit. Blac. Com. 234. Rosc. 37. & F. N. B. 135. Booth, 136, 7. Com. Dig. tit. Droit, K. 3 Chit. Blac. Com. 234. 1 Rosc. 38. h F. N. B. 134, 5. Booth, 240. 3 * F. N. B. 128. Booth, 129. Com. 1 F. N. B. 123. Booth, 237. Com. Dig. tit. Quod permittat, A. 3 Chit. Blac. Com. 240. 1 Rosc. 40. charta. Writs applicable to tolls, &c. quietum, &c. Quo jure. Quod permittat. ment of De secundá superoneratione. Quare obstruxit. De rationabilibus divisis. De perambulatione facienda. De curia claudendâ. Real actions possessory. Assise. measurement of pasturea; and the writ de secundâ superoneratione, or second surcharge; the writ of quare obstruxit, which lay against him who obstructed the plaintiff's way, to which he had a right, in the land of another; the writ de rationabilibus divisis, which lay for him who had land in a vill or hamlet, against him who had land near him in another, to ascertain the limits of the vills, and by consequence of the lands, which were not before knownd; the writ de perambulatione facienda, which lay when two lords were in doubt as to the limits of their lordships, vills, &c., and by consent appeared in Chancery, and agreed that a perambulation should be made between them; and the writ de curiá claudendá, for compelling the tenant of adjoining land to make an inclosure. Real actions possessory, in which the demandant, not being put to his mere right, sued in respect of his right of possession, were in general commenced by assise, or writ of entry. The assise, which is said to have been invented by Glanville, chief justice to Henry II. 8, lay for the recovery of lands, tenements, rents, commons", offices 1, tithes, &c., of which a man, or his ancestor, had been Different kinds disseised, and was of four kinds : 1st, an assise of novel disseisin ; 2dly, an assise of mort d'ancestor; 3dly, an assise of darrein presentment; 4thly, an assise of juris utrum1; and 5thly, an assise of Novel disseisin. nuisance. The assise of novel disseisin lay for the recovery of lands, &c., of which the freeholder was disseised m. The assise of of. a F. N. B. 125. Finch L. 314. 3 Chit. Blac. Com. 238. b3 Chit. Blac. Com. 239. с Com. Dig. tit. Quare obstruxit, A. e F. N. B. 133, 4. Finch L. 319. f F. N. B. 127. Booth, 242. Com. Mirror, c. 2. § 25. 3 Chit. Blac. h F. N. B. 179. 1 Rosc. 65. 67. 1 Co. Lit. 155. a. Com. Dig. tit. m F. N. B. 177. Booth, 210. 262. Lil. Ass. 1, &c. Com. Dig. tit. Assise, B. 1, &c. Chit. Blac. Com. 186. 1 Rosc. 63. In this assise, the plaintiff was entitled to recover his land, with damages and costs; Com. Dig. tit. Assise, B. 1. and see 2 Inst. 286. Pilfold's case, 10 Co. 115. 3 Chit. Blac. Com. 187, 8. And it is said, that by the common law, damages, as well as land, were not recovered in any other action. Com. Dig. tit. Assise, B. 1. By the statute of Gloucester, (6 Edw. 1.) c. 1. § 1, damages were given in an assise of, or writ of entry upon a novel disseisin, against the alienee, or him that was found tenant after the disseisor; and, by the 3 & 4 Edw. VI. c. 3. § 4, treble damages might have been recovered, in an assise of novel disseisin, upon the statutes respecting the improve |