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National Law School | 340 CHR (Browse shelf(Opens below)) | Available | 26153 |
THE TABLE OF THE SECOND DIALOGUE.
The Prologue.
The Introduction.
Chap.
I. The first question of the student. Whether the tenant in tail after possibility of issue extinct may with conscience do waste.
II. What is meant by this term, when it is said, Thus it was at the common law.
III. The second question of the student. Whether the goods of men outlawed be forfeit in conscience, as they be by the law.
IV. The third question of the student, of waste done by a stranger in the lands that be in the hands of particular tenants, etc.
V. The fourth question of the student. Whether a man may with conscience be of counsel against him that he knoweth is the heir
of right, but he is certified bastard by the ordinary.
VI. The fifth question of the student. Whether a man may with conscience be of counsel with a man at the common law, knowing that the defendant hath sufficient matter to be discharged in the chancery, that he may not plead at the common law.
VII. The sixth question of the student. Whether a man may with conscience be of counsel against the feoffee. of trust in an action
of trespass that he bringeth against his feoffor of trust for taking the profits.
VIII. The seventh question of the student. If a man by way of distress cometh to his debt, but he ought not to have distrained for it,
what restitution is he bound to make.
IX. For what thing a man may lawfully distrain.
X. The eighth question of the student. Whether executors be bound in conscience to make restitution for a trespass done by a testator; and whether they be bound to pay debts upon a contract first, or make the said restitution.
XI. The ninth question of the student. Whether he that hach goods delivered him by force of a legacy is bound in conscience to pay
the debt upon a contract that the testator dught, if the executors have no other goods in their hands.
XII. The tenth question of the student. If a man have issue two sons, and die seised of certain lands in fee, the eldest dieth without
issue, the youngest recovereth by assise of.7Morl d'anzcestor the land, with damages from the death of the father, whether there he be bound in conscience to pay the profits to the executors of the eldest brother for the time he lived.
XIII. The eleventh question of the student. What damages the tenant in dower shall recover in conscience where her husband died not seised, but she demanded her dower, and was denied.
XIV. The twelfth question of the student. If a man knowing another to have right to his land, causeth a fine with proclamation to be
levied,, according to the statute, and he that hath right maketh no claim within five years, whether he be barred in conscience, as he is in the law.
XV. The''thirteenth question of the student. If a man that hath a child by his wife, do that in him is, to have had possession of his
wife's land, and she dieth before' he can have it, whether in conscience he shall be tenant by the courtesy.
XVI. The fourteenth question of the student. If the grantor of a rent enfeoffeth the grantee of the rent of part of the lands, etc.,
whether the whole rent be extinct in conscience, as it is in the law.
XVII. The fifteenth question of the student. If he that hath a rent out of two acres be named in a recovery of the one acre, he not
knowing thereof, etc., whether his whole rent be extinct in conscience, etc.
XVIII. The sixteenth question of the student. If a man have a villein for term of life, and the villein purchaseth lands in fee, and he
that hath the villein entereth, whether he may with conscience keep the lands to him and to his heirs, as he may by the law.
XIX. The seventeenth question of the student. If a man in the case next before inform him that is in the reversion of the villein, that
after the death of the villein he hath right to land, and counselleth him to enter, whereupon great suit and charges follow, what
danger is this to him that gave the counsel.
XX. The eighteenth question of the student, upon a feoffinent made upon condition, that the feoffee shall pay a rent to a stranger,
how the feoffinent shall weigh in law and conscience.
XXI. The nineteenth question of the student, upon a feoffinent in fee, and it is agreed that the feoffee shall pay a rent to a stranger, how feoffminent shall weigh in law and conscience.
XXII. Ilow uses of land first began, and by what law, and the cause why so much land is put in use.
XXIII. The diversity between two cases, whereof one is put in the twentieth chapter, and the other in the twenty-first chapter of this
present book.
XXIV. What is a nude contract, or naked promise, after the laws of England, and whether any action may lie thereon.
XXV. The twentieth question of the student. If a man that hath two sons, one before espousals, and the other after espousals, by his will bequeatheth to his son and heir all his goods, which of the sons shall have his goods in conscience.
XXVI. Whether an abbot may with conscience present to an advowson of a church that belongeth to the house, without assent of the covent.
XXVII. If a man find beasts in his ground doing hurt, whether he may by his own authority take them, and keep them, till he be
satisfied of the hurt.
XXVIII. Whether a gift made by one under the age of twenty-five years be good.
XXIX. If a man be convict of heresy before the ordinary, whether his goods be forfeited.
XXX. Where divers patrons of an advowson, and the church voideth, the patrons vary in their presentments, whether the bishop shall have liberty to present which of the incumbents that he will or not.
XXXI. How long time the patron shall have to present to a benefice.
XXXII. If a man be excommenged, whether he may in any case be assoiled without making satisfaction.
XXXIII. Whether a prelate may refuse a legacy.
XXXIV. Whether a gift made under a condition be void, if the sovereign onlybreak the condition.
XXXV. Whether a covenant made upon a gift to the church, that it shall not be aliened, be good.
XXXVI. If the patron present. not within six months, who shall present.
XXXVII. Whether the presentment and collation of all benefices and dignities, voiding at Rome, belongeth only to the pope.
XXXVIII. If a house by chance fall upon a horse that is borrowed, who shall bear.the loss.
XXXIX. If a priest have won much goods by saying of mass, whether he may give those goods, or make a will of them.
XL. Who shall succeed a clerk that dieth intestate.
XLI. If a man be outlawed of felony, or be attainted of murder or felony, or that is an Ascismus, may be slain by every stranger.
XLII. Whether a man shall be bounden by the act or offence of his servant or officer.
XLIII. Whether a villein or a bondman may give away his goods.
XLIV. If a clerk be promoted to the title of his patrimony, and after selleth his patrimony, and after falleth to poverty, whether shall
he have his title therein.
XLV. Divers questions taken by the student out of the sums called Summa Rosella and Samma Angelica, which he thinketh are
necessary to be seen how they stand and- agree with the laws of the realm.
XLVI. Where ignorance of the law excuseth in the laws of En.gland, and wherenot.
XLVII. Certain cases and grounds where ignorance of the deed excuseth in the laws of England, and where not.
XLVIII. The first question of.the doctor,: how the. law of England may be said reasonable, that prohibiteth them that be arraigned -upon an indictment of felony or murder, to. have, counsel.
XLIX. The- second question of the doctor, whether the warranty of the younger brother that is taken as heir, because it is not known but that the eldest brother is dead, be in conscience a bar unto the eldest:brother as it is in the law.
L. The third question of the doctor, whether if a man prosecute a collateral warranty, to extinct a right that he knoweth another man
hath to land, it be a bar in conscience, as it is in law.
LI. The fourth question of the doctor, of the wreck of- the sea.
LII. The fifth question of the.doctor, whether it: stand with conscience to prohibit a jury of meat and drink ti:ll they:be agreed. of their
verdict.
LIII. The sixth question of the doctor, whether the colours that be given at the common law in assises, actions of trespass, etc. i stand with conscience, becau-se they be most commonly feigned.
~LIV. The seventh question of the.doctor, concerning the pleadings in assise, whereby the tenants use- sometime to plead in such manner that they shall confess no ouster.
LV. The eighth question of the.doctor, whether the statute of:fortyfive. Edward the Third, of Sylva cardua, stand with conscience.
TAB LE TO THE ADDIT IONS.
Chap. I. What power the parliament hath over such things as be brought with dead bodies to their burials, and that be claimed by
some curates to pertain to their church.
II. Whether the parliament may enact, that no lands shall come hereafter into mortmain by licence nor without licence.
III. Whether the parliament may break all appropriations that be made against any statute, or against the good order of the people.
IV. That all sanctuaries, and also who shall have his clergy, be under the power of the parliament, to order as they shall think convenient.
V. What power the parliament hath in the trees and grass in churchyards.
VI. What the parliament may do touching suits for dilapidations taken in the spiritual court.
VII. Whether the parliament may enact that no priest shall wear any cloth made out of the realm, and whether it may order the salary of chaplains.
VIII. If there were a schism in the papacy, what the parliament might do therein.
IX. If it were enacted, that if one call another thief or murderer, that the suit should be taken thereupon in the king's court, and not in the spiritual court, I think the statute were good.
X. Whether the parliament may enact, that no religious person, under a certain pain, shall receive into the habit of their religion any
child under a certain age to be appointed by the parliament.
XI. Whether the parliament may plrohibit, that no ordinary, under a certain pain, shall admit none to the order of priesthood, except
they be sufficiently learned.
XII. Who shall have the tithes of the waste grounds that be within no parish, and what power the parliament hath therein.
XIII. What authority the parliament hath concerning visitations.
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