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[001] of villeinage will always bar him, as above in several places;1 and also in the eyre of
[002] Martin of Pateshull, [in the roll] of pleas reserved for judgment in several counties,
[003] in the third year of king Henry in the county of Dorset, [the case] of Hamelin son of
[004] Ralph.2

Also because of crime, if a man or any of his ancestors has been convicted of felony.

[006] A peremptory exception arising from the person of the demandant also lies for the
[007] tenant because of the demandant's crime and delict, for which he has been convicted
[008] by judgment or3 outlawed, or has abjured the realm, though4 he has afterwards been
[009] restored to the peace by the king, an exception which also lies for the tenant when it
[010] arises from the person of an ancestor5 of the demandant just as from his own, so that
[011] the inheritance or tenement claimed cannot descend to the demandant, as where the
[012] demandant himself has committed felony, [or] his father or brother, mother or sister,
[013] from whom or through whom the right ought to descend to the demandant.6 It is
[014] important to see how he has been outlawed [and how restored,] whether by the law
[015] of the land or contrary to the law of the land and by mere voluntas. The demandant
[016] may answer to this exception in many ways, that it was not done according to the law
[017] of the land, [or] in the proper place, that is, in the county court, [or] that he was not
[018] exacted from county court to county court but proclaimed an outlaw in markets
[019] and other public places by the king's writ and by the lord king's mere will, the requirements
[020] of the law not being observed, as [in the roll] of Michaelmas term in the
[021] fifteenth year of king Henry in the county of Shropshire, [the case] of Fulk son of
[022] Warin.7 How and when an exception of this kind ought to be valid may be seen
[023] above [in the portion] on the pleas of the crown, of the outlawry of outlaws and their
[024] inlawry, and to what they may be restored and to what not.8

Also because of civil death, if one has betaken himself to religion, provided that he has assumed the habit of profession.

[026] A peremptory exception arising from the person of the demandant also lies for the
[027] tenant because of civil death, as where one has betaken himself to religion and afterwards,
[028] having returned to the world, wishes to sue and claim an inheritance; he will
[029] not be heard, since he who has once betaken himself to religion renounces all things
[030] that are of the world, this distinction, however, being taken, whether he has assumed
[031] only the habit of probation or the habit of profession. When this exception has been
[032] raised and that replication made against it, the taking of an inquest will be entrusted
[033] to court christian,


1. Supra ii, 31, iii, 91, 109, 308, 309

2. B.N.B., no. 1411; C.R.R., ix, 92; B.N.B., iii, p. 722 (Appendix 8); C.R.R., viii, 98; supra iii, 109, 309

3. ‘vel’

4. ‘licet’

5. ‘antecessoris’

6. Supra ii, 367, 377

7. C.R.R., xiv, no. 1427 (Easter 15); not in B.N.B.; no roll for Mich. 15-16

8. Supra ii, 352 ff.

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