CHAP. 1 The Definition of the Common Law, also of the Place where, and the Persons by whom it is used.

I. THe Common Law of England is a Law used time out of minde throughout the Realm.

II. The Realm of England is divi­ded into Counties, (in all 39) & each County into severall Towns, a Precinct which anciently contained ten families, called Tithings, and ten of those Tithings made a Precinct called an Hundred.

III. In some Counties, Towns, and other places of the Realm, there be speciall Usages time out of mind, differing from the Common Law, which are called Cu­stoms.

IV. A County is a part of the Realm, entirely gover­ned by one Sheriffe.

V. Every one ought to be Inhabitant within some, [Page 2] tithing, and there find sureties for his good behaviour.

VI. Diverse Towns have Hamlets in them, and some speciall places there be, out of any Town or Hamlet.

VII. The persons within the Realm are to be consi­dered, either as one entire body, or as particular per­sons.

VIII. As one entire body it consisteth of the King, and his subjects.

IX. The King is the Head of the Common-wealth, immediatly under God.

X. And therefore the King hath a shadow of the ex­cellencies that are in God, in a similitudinarie manner given him, as

XI. Infiniteness.

XII. Perfection.

XIII. Majesty.

XIV. Soveraignty.

XV. power

XVI. Perpetuity.

XVII. Justice.

XVIII. Truth.

XIX. He hath also a prerogative in all things, that are not injurious to the subject.

XX. In regard of the King, the Queen his wife is participant of diverse prerogatives above other wo­men.

XXI. his subjects are the members of the Common-wealth, and are Barons and Commons,

XXII. The Barons are called the Peers of the Realm.

XXIII. All the rest are Commons.

XIV. The particular persons, are naturall persons, or Bodies Politique.

XXV. The naturall persons are every man.

XXVI. A Body Politique is a body in fixion of Law, that indureth in perpetuall succession; such is the [Page 3] King alone, and by himselfe considered, and a Parson (called) the Rector of a Church.

XXVII, The Parson in regard of his continuall at­tendance upon that sacred function, is freed from all personal charges, that may hinder him in his calling.

XXVIII. So is every other Clerk within Or­ders.

XXIX. To the Parson belongeth the Tenth of all manner of yearly increase.

XXX. Every Parson must be presented to the Ordi­narie, who is to admit him.

XXXI. And then the Arch Deacon is to put him in possession, by delivering the Ring of the Church-door, and ringing the Bels.

XXXII. The Incumbent hath not the meere right in him of land in the right of his Church.

XXXIII. Therefore every act which he doth with such land, may be avoyded, when he ceaseth to be In­cumbent, except such as are done by consent of Patron and Ordinarie, which bind for ever.

XXXIV If the Church be void six moneths, the Ordinary may Collate, or appoint a Clerk of his own; and if it be void six moneths after his time, then the Metropolitane and six moneths after his time, the King may present, if the Patron present not before them.

XXXV. when one Church is not able to finde the Cure, the Ordinarie by consent of the Patrons may unite it to some other.

XXXVI. Besides those Corporations, that were at the Common Law, there be diverse other, which have grown of latter time, by speciall foundation electi­on, whereof some are aggregate of many persons viz. of an ead and body: Others consist in one single person.

XXXVII. These Corporations are Temporall or Spirituall.

XXXVIII. The Temporall are made by the King, as Major and Commonalty; also Colledges, as Maister and Fellowes, &c.

XXXIX. Diverse Towns are so Incorporate before time of memory, and are called Boroughs.

XL. The Spirituall ones were for the most part made by the Pope, but had their power to purchase from the King.

XLI. These are also of two sorts, viz. Regular, or Secular.

XLII. Regular, which have entred into Religion, professing to vow three things, viz▪ Obedience, voluntary Poverty, and perpetuall Chastity.

XLIII. And therefore these are dead persons in law, only their head hath power to purchase, or do such other things to the use of the house. And of this sort are Abbot and Covent, Prior and Covent, &c.

XLIV. Secular, are such as have not entred in­to Religion, as Bishop and his Chapter, Maister of an Hospitall and his Brethren, Guardian of a Chap­pel and his Chaplains, &c. Also Arch-Deacons, and the like.

XLV. Touching the Bishop and his Chapter (which make but one body) their possessions are divided, so as the Bishop hath part by himself, & the chapter the residue, which Chapter consisteth of a Dean as the chief, and Prebendaries or such like, who are most properly termd the Chapter; & of these also the possessions are for the most part divided, the Dean having some part solely in the right of his Deanry, and the particular Prebendaries some other part in the right of their respective Pre­bends: the residue the Dean and Chapter have toge­ther; and every of them is to such purpose incorporate by himself.

XLVI. These spirituall Corporations are sometimes [Page 5] Presentative, somtimes Dative, perpetual or removable sometimes Elective, and have a Common Seal.

XVIIL. To them also Parsonages may be Appro­priate by the Patron, Ordinary, and King, and Vicars endowed to serve the Cure.

CHAP. 2. Of Possessions.

I. OF the Common Law there be two parts, the one concerneth Possessions, the other punishment of offences.

II. A Possession is whatsoever may be enjoyed.

III. The King shall have to his own use all the Possessi­ons of a Fool naturall, during his Ideocie.

IV. When one hath the Possession of any thing to anothers use, this was accounted nothing, but as a mat­ter in Conscience and Chancery.

V. Sundry men possessing the same thing by purchase, are Joynt-tenants, or Tenants in common.

VI. Joynt-Tenants, which possesse by the same Title.

VII. And here, the Survivor shall have the whole in the same sort as he had his part, excepting only pre­sent interests of the thing it selfe granted by him that dieth.

VIII. Tenants in Common are they, which possesse by severall titles:

IX. To possessions this is generall, that they may be granted.

X. Every Grant, made by the King upon surmise or suit of the party, shall be taken most beneficially for the King, and against the party.

XI. No grant of his is good, When it appeareth within the body of the Grant, that the King is deceived.

XII. His grant shall not inure to any other intent then that, which is precisely expressed within the grant.

XIII. A grant by an Infant under the age of 21. years, one out of his right mind, or compelled therunto, either by dures of Imprisonment, or fear of some bodily hurt threatned, as losse of life and member, or though it be but of Imprisonment, may be avoyded at any time, if they deliver it with their hand.

XIV. But if they deliver it not with their hand, no­thing at all passeth.

XV. So it is also of a grant made by one, that hath no understanding.

XVI. Yet grants of an Infant, in respect of having necessary things can not be avoyded.

XVII. Other grants of his, where himselfe hath likewise benefit, are only voydable.

XVIII. To this place belongeth Exchange, which is a mutuall grant of equal Interests, each in exchange of other.

XIX. Prescription is as available, as any Grant.

XX. A possession is restrictive or absolute.

XXI A restrictive possession is upon a limitation, or condition▪

XXII. Upon a limitation, which ceaseth upon the doing, or not doing of something.

XXIII. Upon condition, which is only defeasible upon the doing, or not doing of somthing.

XXIV. Absolute which is neither upon limitation or condition.

CHAP. III. Right, titles, Deeds.

I. POssessions are in possession, or in an action.

II. In Possession, which one doth enjoy.

III. In action which one ought to enjoy, ei­ther in respect of a right or a title.

IV. Right, when a wrong was done before.

V: Title. when no wrong was done.

VI. Of things in action no stranger shall take ad­vantage.

VII. Therefore things in action cannot be granted but to him that hath possession, and that by Release Confirmation.

VIII. Release is a passing of the Grantors interest.

IX: Confirmation is a ratifying of the Grantees pos­session.

X. The grant of every thing in action, and of such things in possession, as cannot passe by the liverie of the hand, must of necessity be by Deed.

XI. A Deed is a writing sealed and delivered, and belongeth always to him, whose possession is made by it.

XII. But a Writing read in another form to one, that cannot read, is not his deed at all, though he seal and deliver it▪

XIII. A Deed, is a Deed Poll, or Indenture.

XIV. Poll, which is the onely Deed of the Gran­tor.

XV. Indenture, which is the naturall deed of both:

XVI. An Indenture barreth every of the parties from saying contrary to any thing therein contained.

XVII. Somtimes also bare acts worke an estopple in like sort.

CHAP. IV: Heriditaments, Estates Terms.

I: A Possession is an Hereditament or Chattel:

III. Hereditament is a possession, which one may have an Estate in:

III. one born of parents out of the Kings allegiance is disabled to enjoy any Hereditaments:

IV. Therefore such a one purchasing any it is the Kings.

V. An Estate is Particular, or an Inheritance.

VI. A Particular Estate is uncertain, or certain.

VII. Uncertain, which is determinable at anothers pleasure, as an estate at sufferance and at will.

VIII. At sufferance, when after lawful occupation, he continueth possession without authority.

IX. At will, when an estate is made during pleasure:

X. And this is according to the custom, as a Copie-holder; or at pleasure otherwise, as a bare Tenant at will.

XI. Certain, which is not so determinable, and it is called a Term, whereupon may depend a remainder of Reversion.

XII. Remainder, is the residue of an estate, at the same time appointed over.

XIII. Reversion, is the residue of an estate, not at the same time appointed over.

XIV. Terms are forfeited, by plucking the Inheri­tance out of him that hath it.

XV. Terms may be surrendred, that is, to him that hath the next and higher estate.

XVI. A Term is for years, or for life.

XVII. A Term for life is for his own life, or for anothers life.

XVIII. where the Tenant for anothers life dies be­fore Cesty que vie, he that can first hap it, shall enjoy out the Term and is called an Occupant.

XIX. The present estate for life is termed a Freehold, and may be so in deed, or in Law.

XX. In deed, when he is actually seised of it.

XXI. in Law, before his entry, when it is cast upon him by course of Law:

XXII. The release of an Inheritance or of an estate for life, is not good to one that is but Tenant for years without privity.

XXIII. To these two estates a warrantie doth be­long [Page 9] which is an assurance warranting such an Estate:

XXIV. Every Exchange hath a warrantie knit by Law.

CHAP. 5. Inheritance, Fee-simple, Dower, Tenancie by the Courtesie.

I. INheritance is an estate descendable to his heires that hath actuall possession.

II. An heir is the next or worthiest of whole blood, being also of blood to the first purchaser.

III. He that is begotten out of Marriage is called a Bastard, and is of blood to none, but in Law account­ed Nullius Filius.

IV. A Bastard therefore cannot inherit.

V. But Marriage following after, giveth him the right of inheritance, if after the fathers death he enter before his younger brother, born of the same father and mother within Espousals and continue the possession all his life without interruption.

VI. If the next be women in equal distance, as daugh­ters, Sisters, Aunts, &c. they shall inherit alike, and are but as one heir.

VII. Where the generall Entry of one is of the rest, if they list.

VIII. The inheritance that descendeth shal be char­ged with the deed of the Ancestor, binding himself and his heirs.

IX. The Dying seized of the inheritance and Free­hold together, whereby the land descends unto his heir taketh away the Entry of every one, that may have an Action.

X. But claim upon the land within a year before the death, or if they dare not upon the land for fear of some bodily hurt, then as neer the land as they dare, saveth their entry.

XI: A Fee-simple is a Fee-simple conditionall or ab­solute.

XII. Conditionall is a fee simple to one, and the heirs of his body.

XIII. This estate before issue cannot be alienated, after issue had, becometh an absolvte fee simple.

XIV. But so, as if the issue fail before the alienation, the donor shall have it.

XV. Hither belong hereditaments given in Frank-marriage with ones kinswoman.

XVI. Absolute, is a fee-simple to one and his heirs whatsoever.

XVII. This estate descending to Females, if one of them have lands of the same Ancestor by Frank-mar­riage, she shall have no more, unlesse she be content, that the value thereof be allowed to the other:

XVIII. To this place are to be referred Lands given to a Corporation, which go in perpetuall succession.

XIX. Here, two speciall estates for life, Dower and Tenancie by the courtesie of England, do arise after ones death that hath an Inheritāce joyned with the freehold▪

XX. Howbeit, these estates must be of a fee-simple, or such an estate taile, as may go to the issue had between the Donees.

XXI. Dower is an estate, whereby the woman hath the thirds in severalty.

XXII. She must be nine years of age at the time of her husbands death, otherwise she shal not be endowed,

XXIII. Detaining of deeds concerning Inheritance descended to the heir, is a barr of her Dower.

XXIV. If the husband at the Church door (ad ostium ecclesiae) or being heir apparant by his fathers or mo­thers consent ( ex ass [...]nsu patris or matris) presently upon affiance endow her of any certainty, as of the whole, moity, or lesse part &c. this will barr her of her thirds if she agree to it.

XXV. Tenancie by the curtesie of England is an e­state, whereby of an actuall possession the husband [Page 11] that hath issue by her born alive, shall have the whole.

CHAP. VI. Tenement, Advowson.

I: HEreditaments are tenements or bare heredita­ments▪

II. A Tenement is a possession holden, the Fee-simple whereof, when he that hath it dieth without heir, cometh to the Lord:

III. Of this sort are Lands and Advowsons:

IV. Land is a Tenement in Mannuall occupation:

V. Under the name of Land are comprehended, not only Gardens, Meadowes, Pastures, Woods, Rivers, &c: but also Messuages, Mils, Yards, Tofts, Castles & the like.

VI. Churches and Church-Yards belong to the In­cumbent.

VII. Prescription here hath no force:

VIII. All Land is holden of the King immediatly, or by means, himselfe not having any higher upon earth; of whom to hold.

IX: Escheats of all Cities appertain to the King:

X: All Mines of Gold and Silver, or wherein the gold or silver is of the greater value, are the Kings.

XI. Amongst Coperceners, the eldest upon partition shall have the cheif house:

XII. Seisin delivered of land alwaies passeth a free­hold.

XIII. Otherwise a Freehold of land cannot passe save by release and confirmation, where they are by way of enlarging an estate.

XIV. They may also somtimes passe by Exchanges Endowments, or Surrenders.

XV. An estate made within view of land is a good Liverie of seisin, if the other enter in the Feoffors life time.

XVI. An Advowson is an interest of presenting to a Church.

CHAP. 7. Distres, Seigniories, Fealty, Rent-service, Homage, Suit of Court, Tenures, Releife, and Rent charge.

I. RAre Hereditaments are those, which are not hol­den, and concern the Land, or the person.

II. Those that concern the Land are extin­guished, or gone for ever, when he that hath them, hath high and continuing an estate, as he hath the heredita­ments.

III. Otherwise they are but suspended, or gone for a time.

IV. These are leviable by distresse, or such as cannot be distr [...]ined for.

V. Distresse is a taking of Chattels, found upon the same Land, for satisfaction of Arrearages.

VI. The King may distrain in any other land of the same mans for his Service or Rent charge.

VII. The distresse being put in some place, where the owner may lawfully come by them, as, if they be things that have life, to give them meat, &c. he that distrain­eth shall not be charged, what hurt soever they receive.

VIII. Bare hereditaments, that may be distrained for, are a Seigniorie, or rent charge.

IX. Seigniories are services, whereby Lands are holden:

X. Services are common to all certain estates, or proper to inheritances.

XI. Common, as Fealty, and Rent service, whereof Fealty is incident to every such estate.

XII. And therefore the Seigniory or Tenancy be­ing altered, it must be done anew.

XIII. All other (both common and proper) grow by Reservation.

XIV. Fealty is an Oath to be faithfull to the Lord for the Tenements.

XV. Rent service, is a Rent to be paid to the Lord at certain set times:

XVI. And to this place we may refer all services that lie in Fesance.

XVII. Of which kind two amongst the rest are specially to be considered, viz. Frank-Almoign, and Divine Service.

XVIII. Frank-Almoigne, is when a man of the Church holdeth freely in Alms, for which he is bound to say Prayers.

XIX. But because the Prayers are not limited in cer­tain, he neither shal do Fealty, nor is subject to distres.

XX. The lord must warrant such a Tenant against himselfe and his heirs, and save him harmlesse of all manner of all services against the Lords above.

XXI. Divine service is a spirituall kinde of service limited in certain.

XXII. These are the services whereby every certain estate may be holden.

XXIII. There follow those proper to Inheritances, the Grantee whereof shall hold of the Grantor by such services, as he holdeth over, if other services be not reserved.

XXIV. Or the Grantor may appoint him [...]o hold of the next Lord.

XXV. A Mesn must acquit the Tenant of all manner of services against the Lords Paramont.

XXVI. But Donors in Frankmarriage cannot hold but by Fealty, and that of the Donor, untill the Fourth degree be past, who must also acquit them of all man­ner of services.

XXVII. One that holdeth of the King as of his per­son alienating the Free hold without licence forfeiteth the Land.

XXVIII. Services proper to Estates of Inheritance are Homage and Suit or Court.

XXIX. Homage is an Oath of fidelity acknowledg­ing himselfe to be the Lords man, In the doing whereof [Page 14] the Tenant must be ungirt, uncovered, kneel upon both knees, and hold both his hands together between the Lords hands, sitting before him.

XXX This is to be done to the Lord himselfe, and but once during the Tenants life.

XXXI. The Kings Chamberlain shall take homage for him.

XXIJ. When an Inheritance descendeth to Co­perceners, the eldest only shall do Homage.

XXXIIJ. But if they hold of the King, all of them must do it.

XXXIV. When one and his Ancestors, whose heire he is, have held by homage of a Lord and his Ancestors whose heir the Lord is, time out of mind, and the Lord hath received homage, that bindeth him to war­rant and acquit the Tenant.

XXXV. Suit of Court is a service by comming to the Lords Court: And here Land in the Lords hands (whereof severall men hold by Suit of Court) is term­ed a Mannor, but the Land considered apart from the service is termed Demesnes.

XXXIV. The particular kinds of services (where­by Lands of inheritance are distinguished) are Soccage and Knight-service.

XXXVII. Both draw unto them certain commo­dities to the Lord, partly in the Tenants life, and part­ly after his death.

XXXVII. That in his life is reasonable Aide, or Portion towards the making of the Lords eldest Son a Knight; and towards the marrying of his eldest daughter.

XXXIX. The other after his death, are wardship and reliefe.

XL. Wardship is the custody of the body and land of the heir within age, which shall be til fourteen of a woman.

XLI. Relief is a Portion to be paid by the heir to the Lord.

XLII. Soccage is tenure to be done out of Ward.

XLIII. Where the next of the kinne, to whom the Inheritance cannot descend shall have the heirs ward­ship till fourteen to the heirs own use.

XLIV. Here, for releif the Lord shall have presently so much as one years rent amounts unto

XLV. Tenure by Soccage in Cheif giveth the King pri­mer seisin, or the value of that Land by a year if the heir be of the age of fourteen year, at his ancestors death▪

XLVI. Knight service is a service touching Warre to be done by the body of a man.

XLVII. To all Knight service Homage is incident.

XLVIII. Here the Wardship is the Lords to his own use, and that till, 2 [...]. of an heir mal [...].

XLIX. The wife shall be barred of her Dower, so long as she detained the heir from him.

L. Wardship of the body giveth the wards marriage to the Lord.

LJ If one hold sundry Lands of diverse Lords, the wardship of body goeth to the Lord of that Land, which the tenant held first; and this is termed, Tenure by priority.

LIJ. The King shall have the Wardship of the body, though the tenure of him be by Posteriority.

LIIJ. The eldest child, being heir apparant to his father, shall not be in ward for his body during his Fathers life.

LIV. Tenure by Knight service in cheif, giveth to the King the Wardship of all other Lands also.

LV. It giveth him likewise Primer seisin, or the value of them all by half a year, if the heir were in Ward by a whole year, if he were not; which P [...]imer seisin must be paid and relief also.

LVI. Relief, for Land holden by Knight-service a­mounteth to an C.s. for a whole Knights fee, to a C. Marks, for a Baronie, and to a C. Pounds, for an Earle­dome.

LVII. If The heir be within age at the Tenants death no relief shall be paid to the Lords that are to have the Wardship.

LVIII Grand Serjancie, viz. Tenure of the Kings person, to do to him a more speciall service whatsoever by the person of a man, is a speciall Knight service in chief, where th [...] King in stead of relief shall have the value of the Land by a year▪

LIX: Rent charge is a Rent with Liberty to distrain.

CHAP. 8. Rent seck Common.

I. BAre Hereditaments concerning land (for which no distresse can be taken) are a Rent Seck, and Common.

II: A Rent Seck is a Rent without liberty to di­strain.

III. When a rent is granted for equaliy of Partiti­on, amongst Coperceners, this rent may be distrained for though no such liberty be granted.

IV. The grant of a Seigniorie, Rent charge, and Rent Secke, as also of a Remainder or Reversion of any of these, or of the land it selfe, is nothing worth without Attornment, viz. agreement of the tenant, that presently must be charged.

V. In the grant of a reversion depending upon a Free­hold, the Attornment of the Freeholder is sufficient though he be not the Tenant, that presently must be charged.

VI. Common is a profit to be taken in anothers Land.

CHAP. 9. Villenage, Annuity, Corodie Office.

I. BAre hereditaments that concern the person are meerly of the person himself, or by reason of the person.

II. of the first sort are Villeins.

III. A Villein is such a servant, as himself, and whatsoever he possesseth is the Lords if he claim it.

IV. The Lord cannot sease his villein in the the Kings presence.

V. The children of a Villein are also Villeins.

VI. Villenage beginneth by confessing a mans self to be one in a Court of Record.

VII. A Villein is manumitted or set free, when the Lord enableth him to possesse any thing against him­self.

VIII. Those by reason of the person are Annuities and Corodies, or Offices.

IX. Annuitie is a yearly rent to be had of the person of the Grantor.

X. Corodie is a Portion for ones sustenance.

XI. Office is a duty of attendance upon a charge.

CHAP. 10. Franchises.

I. BEsides the Hereditaments already handled, there be certain other derived from the Kings Prero­gative, which are termed Franchises.

II. A Franchise is a Royall priviledge in the hand of a subject.

III. It may be forfeited by misusing of it.

IV. The kinds of Franchises are divers, and almost infinite.

V. Of such sort are Warrens, Markets, Faires, Toll of every buyer for things he buyeth there, not being for [Page 18] his own expences, and whatsoever liberties or commo­dities else, that (created at first by the Kings speciall grant, or of their own nature belonging to him) are gi­ven to common persons to have any manner of estate in.

CHAP. 11. Chattels, Reall, and Personall, Testament, Bail­ment, Contracts, Actions, Arbitrement.

I. SUch then is the nature of an hereditament in his sundry sorts and kinds:

II. Chattels are possessions, wherein there can­not be severall estates.

III. All ones Chattels, whether in possession, or that any is indebted to him in, may be given away or devised by his Testament.

IV. Testament is the appointment of some person to administer them for him after his death who therefore is called an Executor.

V. the Executors must prove the Will (to be a true one) in the spirituall Court, and be sworn to see it per­formed.

VI. If many Executors be made, and one refuse, yet he may administer at his pleasure.

VII. But an Executor once administring, can never refuse after.

VIII. Executors must answer all certain duties of the Testator.

IX. But so as duties, that grow by specialties are to be answered before other duties, and legacies to be last of all delivered.

X In these devises the Testators intent (standing with the rules of Law) shall be taken.

XI The Executor of an Executor is Executor to the fi st Testator.

XII If no Will be made, the Ordinary shall admi­nister all the Chattels that were in his possession.

XIII. But whether any Will be made or no, his wife and such children as are not advanced by him in his life shall have a part to their own use, viz. one third of all (after the debts paid) to his wife; and another third part to his children: This seems to be the ancient Common Law by Mag. Charta, cap. 18. See F. N Br. 122. l.

XIV. Chattels are real, or personal.

XV. Real, as terms for years, and Wardship.

XVI▪ Personall, as Plate, Jewels, Gold, Silver, Im­plements of Houshould, Cattel, and all goods and movables whatsoever, corn sown upon the ground, &c.

XVII. The owner-ship of a Chattel personal is termed a property, which of wild beasts cannot be in any, nor after they are made tame, longer then they re­main in ones possession.

XVIII. Treasure in the earth, and Treasure Trove, or Coin being found, is the Kings.

XIX. Cattel also, that stray into anothers land, are the Kings after a year and a day, if being proclaimed at the Market in two severall Towns next adjoyning, the owner do not claim them.

XX. Goods wrecked are also his.

XXI. The King being Tenant in Common of an intire Chattel personall, shall have the whole.

XXII. Goods, that belong to an Alien enemy, any body may seize to his own use.

XXIII. The taking of goods by an Alien enemy in Battail, devesteth the property from the owner, if he come not before Sun-set to claim them.

XXIV. Church-wardens are enabled to have goods to the behoof of the parish.

XXV. To Chattels personal, Bailment, and Con­tract do belong.

XXVI. Bailment is a delivery of goods in possessi­on, and is either to keep, or to imploy.

XXVII. To keep, when onely the Custodie is com­mitted [Page 20] to him, and is a simple Bailment or pledge.

XXVIII. A simple Bailment, when he receiveth them to keep for another; whether it be for the Bailer to re-deliver him again, or for a stranger to bail them over to him.

XXIX. A Pledge is when he received them in assu­rance for another thing had of him at the time.

XXX. The Bailment of goods to imploy is, when the Bailee hath the things themselves to use to an­others profit.

XXXI Contract is a mutuall agreement for the ve­ry property of personall things.

XXXII. Here, the duty growing upon it cannot be apportioned.

XXXIII. Of this kinde of contracts are buying and selling, borrowing and lending, and such like.

XXXIV. The sale of another mans goods in Mar­ket overt altereth the propertie, if toll be paid for them.

XXXV. Hither belong certain (as it were) Con­tracts in law, though not arising from the special agree­ment of the parties: as Trover and conversion, &c.

XXXVI. These are the things that belong to Chattels personal in generall, for the interest of perso­nal things uncertain, Accord and Arbitrement lie.

XXXVII. Accord is an agreement between the parties themselves upon a satisfaction executed.

XXXVII. Arbitrement is an award of satifaction by others, whom they choose to judge between them.

XXXIX. The award of a personal Chattel altereth the property thereof.

CHAP. 12. Trespasse upon the Case.

I. WE have hitherto spoken of possessions, (being the first and hardest part of the law;) The [Page 21] other remaineth, which ministreth justice in the pu­nishment of offences.

II. An offence is the doing of any wrong, and it is a wrong without force, or to the which force is coupled▪

III. In those of the first kinde, the offender is to be amerced, viz. to pay a petty sum of money to the King, and if he be a Peer of the Realm, then C. S.

IV. The Kings wife shall never be amerced.

V. Offences without force are Trespasses upon the case, or Real wrongs.

VI. Trespasse upon the case is such an offence where­by any thing is endamaged, and it is a misuser, or de­ceit and conspiracie

VII. Misuser, when by meer wrong it is endamma­ged.

VIII. Of this kinde there be many, and those of divers sorts; as if a man maliciously utter any false slander to the endangering of one in law.

IX. The touching of him with some heinous crime.

X. The impairing his trade of life.

VI. If one having another mans goods, convert them to his own use.

XII. If a Sheriffe suffer one in execution for debt to go at large.

XIII. If a Smith prick my horse, or kill him in cure.

XIV. If being committed to the Gaole, the Gaoler of malice puts upon me so many Irons, or otherwise u­seth me so hardly, that I become lame thereby, &c

XV. But two above the rest do here require more espe­cial consideration. viz. Disturbance and Nusance.

XVI. Disturbance is the hindring of that, which in right belongeth to one to do.

XVII. Nusance is annoyance done to ones here­ditament.

XVIII. All manner of Nusances are to be removed, and common nusances any man may pull down.

XIX. Deceit is when the damage groweth by an un­der slight; As if in play one win anothers money by false dice or if he that selleth any thing, do upon the sale, warrant it to be thus and thus, whereby the other is deceived.

XX. Conspiracie is, where two or more conspire to do one wrong, or the like.

XXI. There are certain other offences against the Law, which are in the nature of trespasses upon the case, and by the Kings prerogative punishable like to them.

XXII. Of this sort are Nonsuit in an action, fault in the Original writ, or (by the Sheriffe) in the return of a writ, making default when he should appear, and whatsoever other offences (not being with force and armes) which offer no direct injury to a common person.

CHAP. 13. Discontinuance, Disseisin, Ʋsurpation, Intrusi­on, Abatement.

I. HItherto of Trespasses upon the case: A [...] reall wrong is that which medleth with the Free-hold otherwise then it ought.

II. A reall wrong is a discontinuance or an Ouster

III. Discontinuance is when he that hath an estate Tail, or a Fee-simple in an others right, maketh a larger estate of the land then he may.

IV. Warrantie of an estate of Inheritance, or for life descending upon him, that ought to have such an estate maketh a discontinuance.

V. Discontinuance taketh away the entry of those that come to have title after the death of the discontinuer.

VI. If he (whose entry is barred by a descent or dis­continuance) have the Free-hold cast upon him by a new title, he shall be in of his ancient title, which is termed a Remitter.

VII. Ouster is, when the Free-holder is put out.

VIII. This Ouster is of a Free-hold in deed, or in land.

IX. Of the first sort are Disseisin and Usurpation.

X. Disseisin is the Ousting of him that hath free-hold in deed, by putting or holding him out of the land.

XI. This may be also of a rent or other profit out of land, by disturbing him in the means of comming to it: as

XII. In every rent Encloser and Forestaller.

XIII. Encloser is, when the tenant incloseth the land, so as he cannot come to distrain or demand it.

XIV. Forestaller is, when the tenant besetteth the way with force and armes upon his comming.

XV. Of this nature is the menacing of him, when for doubt of some bodily hurt he dare not come.

XVI. In a rent service, and rent charge, Rescous and Replevin.

XVII. Rescous, when either the party having di­strained, the distresse is rescued, or being upon the land to distrain, cannot be suffered to do it.

XVIII. Replevin is, when an action of Replevin is brought upon a distresse taken.

XIX. In a rent charge, and rent seck, Denier.

XX. Denier is, when the rent (being demanded up­on the land (is not paid.

XXV. Usurpation is, when the Church becommeth full by the presentment of a wrong Pa [...]ron, and the In­stitution of the pattie presented by the Ordinary.

XXII. But against the King Induction onely doth it.

XXIII. Of the second sort are Intrusion and Ab [...]te­ment, being of a free-hold in Law.

XXIV. Intrusion which is after the death of the te­nant for life.

XXV. Abatment, which is after the death of one that hath the Inheritance.

CHAP. 14. Trespass, Menaces, Assault, false Imprisonment, Battery, Mayhem, Rape.

I. SUch is the nature of an Offence without force.

II. An Offence with force is a Trespasse or an Of­fence against the Crown.

III. Trespasse is a criminall Offence punishable by a Fine to the King.

IV. For this the party must be imprisoned, untill he do compound.

V. Trespasses touch Possessions, or the person.

VI. Possessions, when the wrong is done in them, namely, in Goods, or Lands.

VII. Trespasse in Goods is the wrongfull taking of them with pretence of Title.

VIII. And therefore such a Trespas altereth the pro­perty of the Goods.

IX. Trespasse in Land is, when the Trespass is done upon the actuall possession thereof.

X. Beasts and other Chattels may be distrained by him that hath damage by them.

XI. Hither belongeth Ejectment, when a Termer for years of Land is ousted.

XII. Here the King having possession none can put him out

XIII. Trespasses to the person are with pretence of violence, or violence in deed.

XIV. Pretence of violence, as Menaces and Assaults.

XV. Menaces are threatning words of beating one, or such like; through fear whereof ones businesse is fore­slowed.

XVI. Assault is an unlawfull setting upon ones person.

XVII. Hither belong, lying in wait, besetting his Mansion-house, and not suffering his Servants to go in and out, &c.

XVIII. Violence in deed is false-imprisonment, or bodily hurt.

XIX. False-imprisonment is an unlawfull restraint of liberty.

XX. Bodily hurts are either outward violencies on­ly, or Rape.

XXI. Outward violencies onely are Battery and Mayhem.

XXII. Battery is the wrongfull beating of one.

XXIII. Mayhem is the wrongfull spoyling of a mem­ber defensive in fight.

XXIV. Rape is the carnall abusing of a woman against her will.

CHAP. 15. Offences against the Peace.

I. BEsides these Offences (being for the most part) twixt party and party, there are other Offences to the damage of the publike in the nature of [...]respas­ses, and are tearmed Contempts.

II. These Offences are punished not only by fine, but sometimes by corporall pain, and sometimes by losse of member.

III. As the Common-wealth is a body politick, which consists of the King, as the Head, and of his Sub­jects as the Members thereof; so are these Offences to be distributed.

IV Publike Offences against the King are, to diso­bey the Kings Command, by his Writ, or Proclamation, to disobey any thing ordained by Statute, &c.

V. And therefore the Sherif that serves not the first Writ, makes a contempt.

VI. Publike Offences to the body of the Common-wealth, are first those which trench against the dome­sticall safety thereof, as against the heart of the Com­mon-wealth.

VII. which safty consists, in this, that there be pa [...] domi, and threfore here, the offences are Rebellions, Insurrections Riots, Routs, unlawfull assemblies, breach of the Peace: and good behaviour, false newes, Barra­trie, Eves-dropping, &c. Also all trespasses with force, which may be prosecuted by Indictment as well as by the suit of the party grieved.

VIII. An unlawfull assembly is, when above the num­ber of two assemble together, with purpose to do some unlawfull act.

IX. Rout, when they set forwards to do it.

X. Riot, when they do it in deed.

XI. In the second place come the offences, that are against the strength of the Realme, and the defence thereof against forraign enemies, as against the hands and armes of the Common-wealth.

XII. Of this sort are these; to send victual or ar­mour beyond sea, in comfort and aid of the Kings ene­mies, To go beyond sea, without the Kings license, whereby the King and the Realme may be enfeebled, &c.

CHAP. 16. Against Justice.

I. THe third sort are offences against the justice of the Realm, as against the thighes and legs thereof; as

II. Judges which delay or pervert Justice.

III. Officers Negligent or corrupt, who do not exe­cute their offices as they ought to do.

IV. Goalers, who by fear of punishment cause their prisoners to become provers to accuse others, or teach the Lay-people in their custodie to read for the salva­tion of their lives.

V. Enditors, who give warning to Enditees, where­by the Council of the King and the Justices is disco­vered.

VI. He that by negligence or voluntarily suffers one under arrest to go at large.

VII· And here if the arrest be for felonie, such vo­luntary escape is felonie.

VIII. Hither also all manner of extortion in Offi­cers is to be referred.

IX. A Juror, that appears, and is challenged, and af­terwards, when he is found indifferent, and is called to be sworn makes default: He shall be fined to the value of his land by the year.

X. All force against the Justice of the Realm.

XI. The breaking of Prison: and here, if it be by the party himself, it is felonie.

XII. Rescous, when a stranger, or the party himself disturbes the arresting of a felon or other.

XIII. Affrayes in disturbance of Justice. as

XIV. Such as come forcibly into the Kings Court in affray of the peace, so as the Jurors dare not give their Verdict.

XV. Such as are evil people to beat the people of the Court, Jurors of Enquest, or any other.

XVI. To go armed in the Kings palace.

XVII. He that strikes a man in Westminster-hall shall lose his right hand.

XVIII. He that strikes a Juror in the presence of the Justice shall have the same punishment, and besides shall suffer perpetuall imprisonment.

XIX. Conventicles, which comprehend conspira­tors and confederators.

XX. Such as receive people to their avowment, to maintain them right or wrong.

XXI. Maintenance, when a man maintains a suit in law.

XXII. Champarty, when he maintains it, to have part of the thing sued for.

XXIII. Offences in savour of malefactors, as

XXIV. Misprisions, viz. the concealment of Trea­son or felonie, whereof the first is punishable by perpe­tuall imprisonment.

XXV. Theft-boot, when a man takes his goods from a theif with purpose to favour and maintain him; The punishment whereof is ransome and imprisonment.

XXVI. Not assisting the Sherife, Constable, or o­ther officer.

XXVIJ Contempt of Justice, as

XXVIII. Such as flie for fear, when Treason, or Felonie is done by any.

XXIX. Such as in case of Treason or Felonie tarry the Exigent.

XXX. Such as suffer themselves to be out-lawed.

XXXI. The King may imprison the body of him that is outlawed, untill he purchase his Charter of par­don.

XXXII. Perjurie and subornation of perjurie.

XXXIII. Forgerie.

XXXIII. All other falshood in matter of justice.

CHAP. 17. Against, the Wealth of the Nation.

I. THe fourth kinde of publique offences are such as are committed against the flourishing estate of the Realm, as against the Colour and sanguine com­plection thereof.

II And this, in divers manners, as well in matter of Traffick, buying, selling, and the like, as otherwi c.

III. In matter of Traffick buying and selling, &c. as

IV. Practices, which tend to make the commodities of the Realm more dear, as,

V. To transport the commodities thereof without the Kings licence, or paying his Customes.

VI. Fore-stallers, Regradors, and Ingrossers, under which all Monopolies are comprehended

VII. Conspiracies of Merchants, Tradesmen, and [Page 29] the like, who by Combination amongst themselves, put certain prices upon Commodities, which are to be sold.

VIII. False VVeights and Measures.

IX. Out of the course of Traffick, as

X. Things which tend to the destruction of the com­modities of the Realm, as

XI. Depopulation of Towns, and the like.

XII. Burning of a dwelling house, or of a Barn neer adjoyning thereunto.

XIII. Burning Corn in a Barn, or the like.

CHAP. 18. Publike Nusances.

I. IN the sixth and last place are such Offences to be ranked, as are committed against the false passages and wayes of the Country, as against the feet and toes of the Common-wealth, as

II. Bridges, Cawseys, High-wayes, Streets, &c. broken, or out of Repair.

III. To this place common Nusances, Purprestures, &c. may be referred.

IV. Such Nusances any man may abate.

V. And as to Nusances, there is a writ in the Register.

VI. Where a Lazer or Leper will go in publike, the VVrit de leproso amovendo lyes to remove him out of the company of men to some solitary place.

CHAP. 19 Felony, Fealty, Man-slaughter, Murther, Bur­glary, Robbery.

I. THus far of Trespasse, it remaineth to speak of Of­fences against the Crown, which are criminall Offences punishable by death.

II. Hire also all the Offenders both Hereditaments and Chattels, not only in possession, but such also as he hath but a Right to, are forfeited to the King, viz.

III. Hereditaments▪ from the time of the offence, and chattels from the time of the attainder onely.

IV. In these and all other forfeitures, the Town is chargable with the goods.

V. The blood also here corrupted.

VI. The wife looseth her Dower.

VII. Those that flie for fear of the offence forfeit their chattels to the King

VIII. Accessories after the fact viz witting main­tainers, and such as voluntarily suffer one arrested to escape are guilty of the same offence.

IX Concealing the offence forfeiteth chattels, and here­ditaments also during life.

X. Offences against the Crown are felonie or, High Treason.

XI Felonie is an offence of the Crown not immedi­ately bent against the State.

XII. Here, the forfeiture of the offenders inheritance is given to the Lord.

XIII. The King is also utterly to waste the Inheri­tance.

XIV. Felonie is bare felonie, or petty treason.

XV. Bare felonie is a felonie of the lowest nature, and is punishable by hanging.

XVI, This is single or mixt.

XVII. Single, as stealth and man-slaugher.

XVIII. Stealth is the wrongfull taking of goods without pretence of title.

XIX. Inne-keepers must answer for goods of their guests stolne.

XX. Goods confiscated which, the theif attainted for stealing another thing, disclaimeth to have any property in, and waifes, viz. which a theif waiveth, are the Kings, if he seize them before the party from whom they were stolne.

XXI. But if the party from whom they are stolne seize them first, or doing his diligence to apprehend the [Page 31] theif, convict him afterwards, upon an appeale, he shall have his goods again.

XXII. The stealing of goods which exceed not the value of 12 d. (termed petty Larcenie) doth onely for­feit chattels.

XXXIII.. Man-slaugher is the killing of any person born into the world.

XXIV. But if one live a year after the act commit­ted, which was the cause of his death. it is not felonie in him that did the Act.

XXV. The killing of one by chance in doing a law­full act, or in his own defence, flying as far as he may to save his life, forfeiteth onely chattels.

XXVI. But the killing of one that attempteth to rob him, (whether upon the high way, or when men come to his house, and compasse it about to burn it, though they do not burn it, whereupon he issueth out and kil­eth one of them) is neither felonie, nor causeth any for­feiture at all.

XVII. Any unreasonable thing killing a man, it and everything moving with it, is forfeit to the King, and those are termed Deodands.

XXVIII. Man-slaughter is Chance-medly, or Murder.

XXIX Chance-medly is man-slaughter without former malice.

XXX. Murder is man-slaugher upon former ma­lice.

XXXI. He that murdereth himself (we call him Fe­lo de se) doth onely forfeit his chattels.

XXXII. Mixt felonie is that kind of bare felonie, which riseth from the former, and it is Robbery or bur­glary.

XXXIII. Robbery is stealth from ones person by assault in the High-way.

XXXIV. Burglary is the night breaking of an [Page 32] house with an intent to steal or kill, though none be killed, nor any thing stolne.

CHAP. 20. Petty-Treason.

I. THus much of bare Felony: Petty-treason is a Felony of an higher nature then bare Felony is, the punishment whereof is burning.

II. This is against mortall Creatures, or against God.

III. Against mortall Creatures as Petty-treason (pro­perly so called) and Sodomy.

IV. Petty-treason (properly so called) is the killing of any to whom private obedience is due; as on's ma­ster, mistres, Husband, &c. for which (in stead of burn­ing) a man sh [...]ll be drawn and hanged.

V. Sodomie is a carnal copulation against nature viz. of a man or woman in the same sex, or of either of them with beasts.

VI. Against God is that, which is immediatly bent against his Majestie, as heresie and Sorcery.

VII. Heresie is a presumptuous oppugning of an Ar­ticle of faith.

VIII. In case of heresie, the party, before he can be burnt, must be convict in a Provincial Synod, and after abjuration make a relapse into the same, or some other Heresie.

IX. Sorcery is a consulting with Devills, and con­taineth under it Conjuring, Necromancy, and such like.

CHAP. 21. High Treason.

I. High Treason is an offence of the Crown directly bent against the State.

II. Also to kill the Chancellour, Treasurer, a justice of either Bench, a justice in Eyre, of Assize, or Oyer and Terminer being in their places, and doing their Offices, is High Treason.

III. Here, the punishment is, by drawing, hanging, and quartering for a man, and drawing, and hanging a woman.

CHAP. 22. Courts of Record, Court Baron, County Court.

I. Thus we have gone through both the parts of the Law; there remaineth yet one generall, and common Affection scattered throughout the whole law (as the blood is through the body) which we call Action.

II. Action is the handling of a cause in controversie before certain Judges, who (in respect of the place where they are set to do justice) are commonly called a Court.

III. Of all apparant faults proceeding from the Acti­on, the Court must take notice.

IV. Every Court hath power to award forth pre­cepts, and if the precept be not served, another of the like nature shall go forth, untill it be served.

V. To every Court do belong Clerks and Officers.

VI. A Clerk is he that serveth for things to be done in Court,

VII. Any errour that appeareth to the Court to be the Clerks mistaking, may be amended at any time.

VIII. Officers are those, who are to serve the Courts precepts, and to certifie the Court thereof.

IX. Courts, are Courts of Record, or Court Barons.

X. Of Record, which are the Kings Courts.

XI. These have such credit, that no averment can be taken against any thing there entred, or done.

XII. Things also, that cannot be granted but by deed, passe here by matter of Record.

XIII. The King taketh hereditaments by matter of Record onely.

XIV. Villennage beginneth onely by confessing a mans self to be one in a Court of Record.

XV. Duties of the Testator growing by Record must be answered by Executors before other duties. See Bank­rupts 34.

XVI. Courts of Record, are the Parliament, or Courts that have ordinary jurisdiction.

XVII. The Parliament is a Court of the King, No­bility, and Commons assembled, having an absolute power in all causes.

XVIII. Statuts of restraint binde not the King unlesse they concern the Common-whealth, or he be specially named.

XIX. He may license things forbidden by the Statutes▪

XX. But where the Statute saith his license shall be void, there it must have a clause of Non obstante viz. this clause, notwithstanding any statute, &c.

XXI. Courts of Record, which have ordinary Ju­risdiction, are either general whose jurisdiction extends throughout the Realme, or but within some Countie.

XXII. The former are those that are holden i [...] Term time only, the whole year having four Terms viz. Michaelmas, and Hilary Term, Easter and Trinity term, and every term severall dayes of Return.

XXIII. Michaelmas term (begining the 10 of October, and ending the 28 of November) hath eight Returns Octabis Michaelis, Quindena Michaelis, Tres Michaelis, Mense Michaelis, Crastino animarum, Crasti­no Martini, Octabis Martini, & Quindena Martini.

XXIV- Hilarie term (begining the [...]3 day of Jan­uary, and ending the 12 of February) hath four Re­turns, Octabis Hilarii, Quindena Hilarii, Crastino Pu­rificationis, & Octabis Purificationis.

XXV. Easter term (beginning 17 dayes after Easter and ending the Munday next after A [...]cension day) hath five Returns, Quindena, Paschae, Tres Paschae, Mense Paschae, Quinque Paschae, & Crastino Ascentionis.

XXVI- Trinity term (beginning 12 dayes after Whitsunday, and continuing 19 dayes) hath five Re­turns, [Page 35] Octabis Trin. Quind Trin. Crastino Johannis Bap­tistae. Octa. Johannis Baptistae, Quindena Iohannis Bap­tistae

XVII. To these Courts belongeth the power of sending forth Writs.

XXVIII. A writ is a Latine letter of the Kings in parchment, sealed with his seal.

XXIX. All writs have a salutation, Rex, to such an one salutem, and a conclusion expressing the place, as apud Westmonasterium, &c. and the time (both day and year) of making it; if it be returnable, the day of the return is also appointed in it.

XXX. The third writ (termed the Pluris) not ser­ved, is a contempt.

XXXI. And therefore the third writ hath alwayes this clause in it, vel causam nobis significes; so may the second (termed the Alias) also have if the Plaintiffe will.

XXXII. The Officer of these higher Courts is the Sheriffe, to whom is committed the custodie of the Countie.

XXXIII. For matters spirituall the Ordinary is their Officer.

XXXIV These generall Courts are the Chancery and two Benches, the Kings Bench and Common place.

XXXV. Chancery, which dealeth in suits concern­ing the King.

XXXVI. Here the judge is the Chancellor, having the Custodie of the great Seal of England, under which pass all suits out of the Chancery with Teste meipso.

XXXVII. The Kings Grants are also entred of Record in this Court.

XXXVIII. Such grants are effectuall to passe a free-hold, from the King without any Livery.

XXXIX. and being Matters of Record, they take [Page 36] effect from the time of the Date.

XL. In default of a Chancellor the Lord Keeper o [...] the great Seal hath his Authority.

XLI. The Keeper (or Master) of the Rolls is an assistant to his Court.

XLII. In the Kings Bench and common place, th [...] Judges are one Chief Justice, and three (and sometime [...] more) other Justices.

XLIII. The Teste of their writ is Teste Johan [...] Popham, the Chief Justice for the time being.

XLIV. The Kings Bench is that, which dealet [...] properly with pleas of the Crown.

XLV. The Common place, which dealeth properl [...] with Common Pleas.

XLVI. The King hath a proper Court of this kind for all things touching his Revenues, called the Exch [...] quer.

XLVII. The Judges whereof are called Barons being one chief Baron and three other.

XLVIII. And this also hath a Court of Chancery before the Chancellor and Barons of the Exchequer called the Exchequer-chamber

XLIX. The escheator here is a speciall Officer, an [...] hath a kinde of a Court for finding out the Kings titl [...] to lands, tenements, and other things.

L. Those Courts, which deal but within some Coun­ty, are the Sheriffes Turn, and the Coroners Court.

LI. The Sheriffes Turn is a Court of Record for of­fences, which are common greivances.

LII. Whereunto every man of the age of 12 year [...] and upwards (being within the Precinct) oweth suit; and must be there sworn to the Kings allegeance.

LIII. But Peers of the Realm are excepted.

LIV. The offender here shall be amerced, and distrained for that amerciament.

LV. The Coroners Court, is a Court for matters of [Page 37] the Crown, as Battery, Mayhem, Rape, Murder, &c.

LVI. Upon just exception to the Sheriff, processe out of the higher Courts shall be directed to the Coroners.

LVII. The Steward and Marshall of the Kings house have a Court for all personal Actions, and pleas of the Crown arising there.

LVIII, By reason of certain Franchises, grow two other Courts of Record, which deal within some certain Precinct, viz. a Leet, and a Court of Pipowders.

LIX. A Leet is a Court of Record, having the sa [...]e Jurisdiction within an hundred, or some lesse precinct, which the Sheriffs turn hath in the County, the profit thereof being to a Common person.

LX: A Court of Pipowders is a Court of Record, in­cident to Faires and Markets, for all Actions arising there, and the suit must at the same time be commen­ced.

LXI. The King (by commission under his Letters Patents) may erect other Courts at his pleasure.

LXII. Such were Justices in Eyre, and such are Courts of Record in Corporations and other places, by speciall Charter.

LXIII. These are the Courts of Record: a Court Baron is the Court of a common person.

LXIV. This Court is for personal accompts under forty shillings.

LXV. These cannot be kept oftner then every three weeks.

LXVI. The processe here is by precept to the Bai­liffe.

LXVII. The Suitors are the Judges.

LXVIII. A Court-Baron is the Lords, or a Coun­ty-Court.

LXIX. The Lords Court is either of a particular Mannor, or of an whole Hundred.

XXX. The Hundred Court is that, whereunto all [Page 38] the Inhabitants within the Hundred owe suit.

LXX. The County Court, which is incident to the Sheriffe, and hath Jurisdiction over the whole County

CHAP. 23: Suits, Original Writs, Petitions.

I. OF an Action there be two parts, the suit and the judgment.

II. Suit, is the parties dealing in the Action.

III. Here for their help they are allowed Counce [...] learned in the law.

IV. The Suit hath two parts, the beginning and the proceeding.

V. The beginning is the proper duty of the Plain­tiffe.

VI: This also hath two parts; the first matter of the suit, and the originall processe.

VII. The first matter of the suit must alwayes be brought into that County, where the cause of Sui [...] groweth.

VIII. The first matter of the suit is for every man by writ out of the Chancery; or in Courts, where writs lie not, by Plaint or Bill; for the King alone, by In­quiry.

IX· In all of the first kinde the Plaintiffe must finde surety (by some that will be his pledges) to prosecute the suit.

X. And these may be either to the Officer, or to the Court where the suit is.

XI. A poor man in stead of sureties shal give his faith to prosecute it.

XII. Writs that begin the suit, are original, or com­missionall.

XIII. Original, which appoint the first Processe ( [...] the Plaintiffe finde pledges) returnable in the Kings Bench, or Common Place.

XIV. This must be true Latine, and also formal.

XV. And it must expresse the name of Baptisme, and Sir-name, or (in lieu thereof) the name of dignity both of the Plaintiffe and Defendant.

XVI. Where there be many of one name, diversity of the names must be put by addition of Elder, younger, and the like.

XVII. The Kings servants in his Court, or others by special grace of the Chancellor may here be admitt­ed to finde pledges in the Chancery.

XVIII. Writs original are concerning Common pleas, or appeals that concern life.

XIX. Those that concern common pleas lie not for, or against a feme covert without her husband.

XX. Many having or giving joyntly cause of Action may sue or be sued together in one.

XXI. Severall Actions of one nature may be joyned in one originall with severall Praecipes, or commande­ments to be executed.

XXII Here in place of action against the King, Pe­tition must be made unto him in the Chancery.

XXIII And that (in case of hereditaments) though the King have granted the same away.

XXIV. Whereupon processe shall go out against the Grantee to maintain his title.

XXV. But whilst personall things, seised for the King, remain in the Officers hands, the party that hath right may sue the officer, or disturb him to take the pro­fits.

XXVI. Petition is a supplication declaring the par­ties right, where mention must be made of all the Kings title.

XXVII. The writs, which concern common pleas, are Real or personal. and they both are again Praecipes or Si fecerit te securum.

XXVIII. A praecipe is that which willeth the She­riffe [Page 38] [...] [Page 39] [...] [Page 40] to command the Defendant to do somewhat in certain, that the Plaintiff sueth for, which if he do not, then to serve the first Process.

XXIX. The form hereof is, Praecipe A, quod reddat B, &c. Et nisi fecerit, &c tunc summon, &c.

XXX. A Praecipe is, a Praecipe quod reddat, or a Prae­cipe quod faciat.

XXXI. A Praecipe quod reddat, which lieth for things in render.

XXXII. A Praecipe quod faciat, which lieth for things not in render, viz. in Fesance, as a Writ de consu [...]tudinibus & servitiis, secta ad molendinam, &c. or sufferance, as a Quod permittat, &c.

XXXIII. A Si fecerit to securum; is that which wil­leth the first process to be served without more ado.

XXXIV. The form hereof is, Si A fecerit te securum de clamore suo prosequendo, tunc summon, &c.

CHAP 24. Actions reall.

I. REall Actions, where a Free-hold shall be recove­ed, are Possessory, or in the right.

II. Possessory, which are to recover a Possession.

III. In the right, which are to recover a Possession mixt with the right.

IV. And both these m [...]y be of a possession or right in himself, or descended from his Ancestor.

V, Reall Actions in the right, are either founded up­on the right, or for the meer right.

VI. Reall Actions, where the Free-hold shall be re­covered, lye only against the Tenant of the Freehold.

VII. With the Free-holder may be joyned in Action any having Title to enter.

CHAP. 25. Ad Terminum, quem praeteriit, Entry ad commu­nem legem, Causa Matrimonii praelocuti, Dum fuit infra aetatē, Dum fuit non compos mentis.

I. A Reall Praecipe quod reddat, is that which is for reall things in render, and it is a plea of land or other like Praecipe.

II. A plea of land, which is for land or other such things in demesne.

III. Where land in certain is demanded, it must al­wayes be brought in a Ville, or place known out of any Ville.

IV. A plea of land is a writ of entry, or a writ shew­ing the demandants title.

V. A writ of entry is that, which is to disprove the tenants possession by the means of his entry.

VI. Wherein tenant in fee-simple demanding of the possession of his Ancestor, shall say in the writ, Quod clamat esse Jus, & hereditatem suam.

VII. A writ of entry is either against the first party, or in the degrees.

VIII. Against the first party, when it is against him to whom the first alination was, or that made the disseisin.

IX. That in the degrees, is in the per, or in the per and cui.

X. In the per, when he, against whom it is brought, cometh in immediatly under the first party, as heire unto him, ot by alienation from him.

XI. In the per and cui, when he, against whom it is brought, cometh in immediatly under the first parties heir, or aliance.

XII: Writs of entry grow either without wrong at the first, or upon a wrong.

XIII. Those without a wrong at the first are grounded upon a determination of the first estate, or upon a disability in the person that made it.

XIV. Upon a determination of the estate, either by reason of a particular estate ended, or a condition bro­ken.

XV. Of a particular estate ended, is an ad terminum qui praeteriit, or Entry ad communem legem.

XVI. Ad terminum qui praeteriit is upon a deforce­ment by the lessee, or a stranger, after the Lease for years or life expired.

XVII. Entry ad communem legem, is when a tenant for life doth alien and die.

XVIII. Of a condition broken, as Causa matrimo­nii praelocuti.

XIX. Causa matrimonii, praelocuti, is for a woman that giveth land to a man to marry her, and he will not.

XX· Those grounded upon the disability of the per­son, are a Dum fuit infra aetatem, and a Dum non suit compos mentis.

XXI. Dum fuit infra aetatem is by the infant, when he cometh to his full age, upon an alienation by him­self, or his ancestor being within age.

XXII. But the clause that he is of full age, (viz. qui plenae est aetatis) shall not be inserted in the Writ, if either it be brought in the degrees, per, cui, or post, or upon the ancestors alienation.

XXIII. Dum non fuit compos mentis, is upon the a­lienation of himself, or his ancestor or being of non san [...] memoriae.

CHA Cui in vita sua, Cui in vita, sine assensu Capituli A writ of Intrusion, a writ of Entry in the quibus.

I. THose upon a wrong at the first, are upon a discontinuance or an Ouster.

II. Upon a discontinuance, as a Cui in vita, or a sine assensu Capituli.

III. A Cui in vita. for the wife after the husbands death upon his alienation of her fee simple, fee tail, or [Page 43] free-hold, or of such a Joynt estate in them.

IV. and in this writ, claiming a fee-simple, she shall say, Quod clamat esse jus & hereditatem suam.

V. If it be an estate of fee-simple, and she bring not (in her life time) a cui in vita, the heir shall have a sur cui in vita.

VI. And of this nature is a Cui ante divortium, when it is brought by the wife after divorcement, upon such an alienation, as before.

VII. A sine assensu Capituli, is for the successor of a Bishop, Abbot, Prior, Dean, Prebendary, Master of an Hospital, &c. after the discontinuance of the Predeces­sor.

VIII. Upon an Ouster, is either an Intrusion, or a disseisin.

IX That upon an Intrusion is called a writ of Intru­sion, and is for him in the reversion or remainder in fee-simple or for life, after the death of tenant for life in Dower, or by the curtesie.

X. Upon a disseisin, is when the disseisin is done to him or his ancestor, as a Writ of Entry in the Quibus or (which is all one) in the nature of an Assize.

CHAP. 27. A Writ of Ayel, Besaiell, Cosinage, Formedon, Escheat, Dower, a Precipe in Capite.

I. WRits that shew the demandants title are meer possessory or in the right.

II. Meer possessorie are those, which are brought by the next heir upon an abatement after the death of any ancestor, other then his Father, Mother, Brother, Sister, Uncle, Aunt, Nephew, Neece, seized in demesne, as of the fee-simple, the day of his death: Of this sort are.

III· A writ of Ayell, after the death of his Grandfa­ther or Grandmother.

IV. A writ of Besayell, after the death of his great [Page 44] Grandfather or great Grandmother.

V. A Writ of Cosinage, after the death of his great great Grandfather, or Grandmother, or any other Col­lateral Cousin, save those above-mentioned in the second Rule of this Chapter.

VI. In the right, is that which is to disprove the right of the tenant, and is a writ of right in his nature, or a praecipe in Capite.

VII. A writ of Right in his nature, which sheweth how the demandants right is grown, and is a Formedon, or a writ of Escheat, and Dower unde nihil habet.

VIII. A Formedon is a praecipe quod reddat, entitling the partie by the form of the gift, and is a Formedon in remainder, or a Formedon in reverter.

IX. A Formedon in remaninder, is for him in the re­mainder for life, or in fee, upon a lease for life expired.

X. A Formedon in Reverter is for the Donor after the estate in tail determined.

XI. A writ of Escheat, is for the Lord upon an Es­cheat.

XII. Dower unde nihil habet, is a writ for ones Dow­er, who hath received no part at all thereof.

XIII. A writ of Dower lieth against Gardein by Knights service.

XIV. A praecipe in capite is a praecipe quod reddat for the meer right of lands holden in chief.

CHAP. 28. A writ of right of ward, and sur disclaimer.

I. OTher real praecipe quod reddats are those, which are in respect of a Seigniorie, as a writ of right of ward, and a writ of right sur-disclaimer.

II. A writ of right or ward is to recover the wardship.

III. If it be for the recoverie of the wardship of the body, it lieth as well for Gardein in Socage, as for Gardein by Knight-service.

IV. But if it be for the recovery of the wardship of [Page 45] the land, it lieth onely for Gardien by Knight-service.

V. A writ of right sur-disclaimer, is for the Lord to prove the lands to be holden of him, when in Acti­on, where the services should be recovered, the tenant in Court of Record disclaimeth to hold of him.

VI. If in this writ the Lord can prove the Land to be holden of him, he shall recover the Land it self.

CHAP. 29 A writ de consuetudinibus et se [...] [...]ic [...]js, secta ad molen­dinum, Quare impedit, Quod permittat, Curia Clau [...]enda, Mesne, and Warrantia cartae.

I. A Real Praecipe quod faciat is either to recover he­reditaments, or some real things that concern them.

II. Those that are to recover some hereditament, de­manding of ones own seisin, are in the debet and solet.

III. But demanding of the ancestors seisin, they are in the debet onely, and then are in all respects, as writs for the meer right.

IV. These are either in respect of a Seigniory, or to recover some other hereditament.

V. In respect of a Seigniorie, as a writ de consuetudi­nibus & servitiis, and a secta ad molendinum.

VI. A writ De consuetudinibus & serviciis lieth for the Lord that hath an estate for life, or a greater estate in the Seigniory, and is deforced of his services.

VII. Secta ad molendinum lieth for the Lord, when the tenants that hold of him by grinding their corn at his Mill, withdraw their suit and grinde elswhere.

VIII. Those that are to recover some other heredi­tament are a Quare impedit, and a Quod permittat.

IX. A Quare impedit lieth upon a disturbance, where he or his ancestors, or those, from whom he claimeth, having at any time before presented to a Church, him­self is now disturbed.

X. A Quod permittat lieth for one that hath common of pasture, for his beasts being disturbed by a stranger, [Page 46] so as he cannot use his Common.

XI. These are to recover some real thing concer­ning hereditaments, are a Curia claudenda, or a co­venant real, and other writs sounding in that nature.

XII. Curia claudenda, lieth for a free-holder, when one that hath a Close next adjoyning to him, which he should keep inclosed, will not do it.

XIII. A writ of Covenant real lieth upon a Cove­nant to do a thing real, as to levie a fine of Lands, &c.

XIV. Writs in the nature of a Covenant real, are a writ of Mesne, and a warrantia cartae.

XV. A writ of mesne lieth for the tenant against the mesne, when the Lord Paramont doth destrain the tenant whom the mesne ought to acquit.

XVI. A warrantia cartae lieth for him that hath lands or tenants warranted unto him.

XVII. Here the warrantors hereditaments are lia­ble to the warrantie from the time of the action brought.

XVIII. Upon these writs a fine may be leived.

XIX. A fine is the acknowledging of an heredita­ment in the Kings Court, according to the covenant, to be his right that doth complain.

XX. Here, one of them must needs have such an e­state at the time of the fine levied.

XX. That whereof the fine is levied, or any thing contained in it, may be granted back again to the Coni­sor by the same fine,

XXII. Fines executed binde all persons, if claim be not made within a year.

XXIII. A Feme covert joyning with her husband is a fine, it bindeh her for ever.

XXIV. Therefore the Justices must examine her, to see that she do it willingly.

XXV. A grant by fine of a Seigniorie, rent charge, rent seck, remainder, or reversion, is presently good, saving for bringing actions that run in privity between the tenant and him.

CHAP. 30. An Assize of Novel, Disseisin, Nusance, Dar­rein Presentment Juris, utrum, Partitione faci­enda, Nuper objit, Quo Jure.

I. THus much of real Praecipes; Real Si fecerit te securum are an Assize, and a Juris utrum, or other.

II. An Assze is such a real plea meerly in possession.

III. And this is either an Assize of ones own possessi­on, and an Assize of Mordancester, or an Assize of Darrein presentment.

IV. An Assize of ones own possession, is an Assize of novel disseisin, or an Assize of nusance.

V. An Assize of novel disseisin, is for a free-holder a­gainst his disseisor (whether it be of land or rent) for the Bailiff of the disseisor, if himself cannot be found.

VI This disseisin being of a rent charge or rent seck, all the tenants of the land must be named, though he were disseised by one tenant only.

VII. If the lord distrain the tenant too often for the rent or services, the tenant may have an Assize.

VIII. An Assize of nusance is for him, whose free-hold is spoiled by any nusance.

IX. An Assize of his ancestors possession onely, cal­led an Assize of Mordancester, is for the next heir up­on an abatement after the death of his Father, Mother, Brother, Sister, uncle, Aunt, Nephew, or Neece, who was seized in demesn, as of fee-simple the day of his death.

X. An Assize, which may be either of his own or his ancestors possession, called an assize of Darrein present­ment, is upon a disturbance, when himself or his an­cestor did last present.

XI. A Juris utrum is such a real plea, founded upon the right of a Parson or Vicar upon his predecessors a­lienation.

XII. This is the nature of an Assize, and Juris u­trum: [Page 48] These that follow are a partitione facienda. and nuper obiit (both which lye between privies in blood) or a Quo jure.

XIII. A Partitione facienda lyeth between Copar­ceners to compel partition to be made.

XIV. Therfore here for equality of partition, things that otherwise cannot, may be granted without deed.

XV. A Nuper obiit, lyeth against one privy in blood, that entreth after the death of the Ancestor, that died seised in demesne.

XVI. A Quo jure lyeth for the Tenant of the land, when one challengeth Common, there to try whether in right he ought to have any, or no.

CHAP. 31. Debt, Detinue, Account, Covenant.

I. THus far of reall Actions: A personall Actio [...] is that, wherein damages shall be recovered.

II. This Action being once suspended, is gone fo [...] ever.

III. Executors bringing such an Action must do i [...] in all their names, as well of those that refuse administration, as of rhe rest, but an Action may be brough [...] only against those that do administer

IV. In personall Actions growing in respect of [...] possession in Common, Tenants in Common are i [...] all respects as Joynt-tenants.

V. In personall Praecipes damages only shall be recovered, where the thing it self cannot be had.

VI. Personall Praecipes quod Reddat's are debt, an [...] detinue.

VII. Debt, when any thing is due upon a contract

VIII. If the debt be money due one from another i [...] their own right it is in the debet and detinet otherwi [...] in the detinet only.

IX. When any of the Kings Goods come into a Subje [...] [Page 49] hands, his land at all times after is chargeable for the same into whose hands soever afterwards it comes.

X. Of this nature is a writ of Annuity, which lieth for him that hath an Annuity, be it money or other things, as cloaths, bread, &c.

XI. This writ is in the debet for any other thing, as well as for money, and not in the detinet, therein differ­ing from an action of debt.

XII. Detinue is, when any thing is with holden.

XIII. Personal Praecipe quod faciats, are an action of accompt, and an action of covenant.

XIV. An Action of accompt, which is for an ac­compt to be made.

XV. The King may have it against Executors, and so can no other.

XVI. An Action of Covenant, which is for a Cove­nant to be holden.

CHAP. 32. Personall Si fecerit Securum's.

I. PErsonal Si te fecerit Securum's are of things done without force, or where force is coupled with it.

II. Of those without force, some go not so far as breach of the peace, others do break it.

III. Those that break not the peace, are these that follow.

IV. Rationabili parte bonorum, for the wife and chil­dren of one deceased, to have their part of the goods.

V. Valore maritagii for Guardian in Knight-service when the heir at full age refuseth to satisfie him for his marriage.

VI. A writ of forfeiture of marriage, which is to re­cover the double value against such an heir, marrying himself within age, without the Lords assent, and at full [Page 50] age putting out the Lord.

VII. Intrusion of ward, when the heir by Knight-ser­vice entreth, and puteth out the Lord.

VIII Ejectione custodiae, for any Guardian by Knight service or soccage, against a stranger ejecting him of the land, or body of the heir, or both.

IX. Quare ejecit infra terminum for lessee for years, against the feoffe in fee, or for life of his lessor.

X. Here the term it self shall be recovered, if it be not past.

XI. Trespas upon the case of things not against the peace, as Assumpsits, for an assumption, or promise to be performed, and the like.

XII. This lieth not against Executors.

XIII. Here, and in all other actions of trespasse up­on the case, the writ must comprehend all the matter o [...] substance.

XIV. The other that break the peace, but not [...] are called trespasses against the peace.

XV. And of this kinde are especially (of the nature of such a trespasse) an action of deceit, and an action o [...] conspiracie.

XVI. An action of deceit, is upon any deceit committed.

XVII. Here, if it be upon a non-summons in a pl [...] of land, whereby he looseth the land by default, or suc [...] like, it must be brought during the life of the Summon­ers.

XVIII. In a writ of deceit the Plaintiffe shall rec [...] ver all that he hath lost.

XIX. Conspiracie (in the nature of a trespasse) upon conspiring by many to prejudice a man wron [...] fully.

XX. Such are trespasses without force, is an Action [...] trespasse coupled with force. is an action of trespasse fo [...] a trespasse done.

XXI. An Action of trespasse brought in a Court Ba­ron must not suppose it to be done by force and armes.

XXII. And therefore no Capias lieth there in such case.

XXIII. Speciall actions of trespasse are these that follow.

XXIV. De Parco fracto, for taking distresse out of the Pound.

XXV. Rescous, for taking a distresse away before it be impounded.

XXVI. Ejectione firmae, when lessee for years of land is ousted, where the term it self shall be recovered if it be not past.

CHAP. 33. Appeal.

I. THese are Common Pleas: an Appeal that con­cerneth life, is the parties private action, prose­cuting also for the Crown, in respect of a fe­lonie.

II. Appeals of the death of a man are given to the heir of the party slain.

CHAP. 34. A Writ of right Patent, and justicies.

I. THus far of original writs: Commissional are these, which are not returnable but determi­nable before the parties to whom they are di­rected.

II These are Commissionary, or meer Commissi­ons.

III. Of the first sort are those that give authority to a Court Baron to hold plea.

IV. Here the suitors are the Judges, not the Sheriff or Steward.

V. These are a writ of right Patent, or a Justicies

VI. In both these the same course is holden, as is those that went before.

VII. A writ of right patent is a writ for the mee [...] right of Tenements holden of a common person, to be brought in the Lords Court of that Mannor.

VIII. If he hold noe Court, or otherwise yield hi [...] Court to the King for that time, then it may be in the Kings Court with this clause, Quia B. capitalis Domin [...] nobis inde remisit curiam.

IX. This writ must shew by what service the land i [...] holden.

X. The writ remaineth alwayes with the party hi [...] self.

XI. If one privie in blood, not past the third degree enter after the death of the ancestor, that died not sei [...] ed, in such case, a writ of right patent is called a wr [...] of right de rationabili parte terrae.

XII. A woman that hath received part of h [...] Dower, shall have a writ of right of Dower patent fo [...] the remnant, whereof she is to be endowed.

XIII. A Justicies is a writ, that giveth the County Court power to hold plea.

XIV. And therefore it ts called a Viconte writ; o [...] this sort are.

XV. An Assize of petty nusance, where a mill, o [...] such like is levied to ones nusance.

XVI. All of them are comprehended in these Verse rica ca [...] gultum ges lendinum Fab, fur, porta, domus, vir, gur, mo, murus ovil [...] Et pons: traduntur haec vicecomitibus.

XVII Admeasurement of Dowerby the heir, whe [...] his Guardian, or himself endowed the wife in his no [...] age of more then she ought to have.

XVIII. Admeasurement of pasture by a Common­er, whom another Commoner wrongeth, by putting i [...] more Beasts into the Common then he should.

XIX. Here, all the Commoners shall be admea­sured.

XX. A nativo habendo for the Lord, that hath an Inheritance in any Villein, when his Villein departeth away from him.

XXI. Here, if the Villein plead that he is frank, the Sheriff cannot proceed.

XXII. Rationalibus divisis, for that Lord, whose land or waste hath by little and little been incroached upon within time of memorie until now, by a Lord, whose Seigniory adjoyneth in another ville, against the Lord so incroaching.

XXIII. A homine replegiando, for one imprisoned, or in prison deteined, where he should not.

XXIV. A Replevin for goods or chattels distreined,

XXV, This may be both by writ and plaint in any Court Baron, as well as in the County Court.

XXVI. This being by plaint; it shall not proceed, if any thing touching the freehold come in question.

XXVII. Upon the pluris not served by the Sheriff, his power is determined, and the parties shall plead in Bank.

XXVIII. Many of the actions, that went before both for real things to be done, as Consuetudinibus & servitiis, secta ad molendinum, Quod permittat, Mesne Dower, unde nihil habet: And also personal actions, as annuity, debt, detinue, accompt, covenant, trespasse to what summe soever, may as well be brought in the County by Justicies, as to be returnable in the Common Place.

XXIX. Meer Commissions are these that follow, being all of them to be directed to choice persons, such as it shall please the King.

XXX. Oyer and Terminer, to heare and determine up­on some heinous offence committed.

XXXI. In these and such like commissions lie pro­perly, [Page 54] a writ of Association, and Si non omnes.

XXXII. Association is a writ for other to be associ­ate into their company.

XXXIII. Si non omnes, is a writ for the rest to pro­ceed, although the other come not.

XXXIV. Ad quod damnum, to enquire what hurt it may be to the King, Country, or any other, for the King to grant such, or such a thing.

XXXV. Perambulatione facienda, to enquire of the bounds of 2. Seigniories or [...]ownes, where an incroach­ment by little and little is supposed to have been made.

XXXVI. This must be by the mutual assent of both Lords.

CHAP. 35. Plaints, and Bills.

I. SO far of writs; it followeth, to speak of Plaints and Bills, both being in such Courts as hold ple [...] without original writ.

II. A plaint is in matters that concern Common pleas.

III. A Plaint of trespasse in a Court Baron shall not proceed, if the freehold come in question.

IV. A Bill is in pleas of the Crown, as an appeal of felonie, mayhem, rape, &c. may be by Bill before one Coroner of the County, finding first sureties to the Sheriffe.

V. One whose attendance is necessary in any Court shall sue, and be sued there in form of Plaint, which is called a Bill of Priviledge.

CHAP 36. A Quo Warranto, Office, Indictment.

I. THe King hath a speciall means of suit for trying of the right of Franchises, usurped upon him, cal­led a Quo Warranto, and is to be brought before the Justices in Eyre.

II An Enquiry for the King is, when matter for the King is found by a Jurie, called an Enqest of Of­fice.

III. This may be before the Officers, as Sheriffs, Escheators, Coroners, &c. Virtute officii, Brevis, or Com­missionis, to them directed.

IV. Here, the number of twelve is not of necessity requisite.

V. An Enquiry is an office, or presentment.

VI. An Office, which findeth matter to intitle the King to some possession.

VII. Upon as high a matter of Record to avoid the Office, as the Office it self, a man may traverse it.

VIII. If the office be for personal goods, the party may alwayes have a traverse, or plead any matter unto it, unlesse the Escheator have accounted for them; and that although the office finde the Kings title to be by matter of Record.

IX. The King upon office finding for him, if his entry be lawfull, and the possessions to be had at the time, is pre­sently in possession.

X. Also he shall be answered all the mean profits from the time of his title.

XI. Upon an office found virtute Officii, whereby the King is intitled to ones wardship, the heir shall never have livery, viz. the land delivered out of the Kings hands.

XII. But upon a perfect office, Virtute Brevis, or Commissionis (if it be a speciall writ or Commission, not a general one to inquire of all wards) he may.

XIII. Therefore here the heir is allowed these Com­missions following, or writs in the nature of such Com­missions, viz 1. For finding of an office for the King. 2. For the having of the land out of the Kings hand.

XIV. Those for the finding of an office are Diem clausic extremum, Mandamus, and Devenerunc, to inquire, what lands holden of the King, and what of others, the an­cestors was seized off, the day of his death, who is his next heir, and of what age.

XV. The Diem clausit extremum is to be sued within the year after his death.

XVI. The Mandamus is after the year; and here, it must further be inquired, who took the profits.

XVII. The Devenerunt is, when the ancestor dieth in ward to the King.

XVIII. Upon defect in Offices found by vertue of such writs or commissions, these writs following shall is­sue out to make them perfect, viz.

XIX A Quae plura, upon leaving of any land out i [...] these offices.

XX A Melius inquirendum, upon any other defect i [...] the Office.

XXI. A Datum est nobis intelligi, upon an Office find­ing lands to be holden of any other person, when there is a Record to prove, that they are holden of the King.

XXII. The writs for having the lands out of the Kings hands, are an Aetate probanda, and a writ i [...] Livery

XXIII. An Aetate probanda, is to inquire whethe [...] he b [...] of full age, or not.

XXIV A writ of Livery is after a perfect Office finding a tenure in cheif; to have all the lands delivere [...] to him at once by the King.

XXV. Two being found heirs by one and the sa [...] title, The King shall not make Livery, until by enter-pleader the truth be discussed at his full age, that wa [...] found heir first.

XXVI Amongst Co-parceners the King upon Livery shall make partition.

XXVII. He that holdeth of the King by Knight service, but not in Chief, shall not sue Livery. Be when he cometh to his full age, shall have an Ouster [...] main.

XXVIII. A presentment is an enquiry finding some [Page 57] offence against the King, which is also called an Indict­ment.

XXIX. Every strong suspition of such offence ap­pearing of Record hath the force of an Indictment.

XXX. Without an Indictment the King can have no suit upon a wrong done, principally to another, but done to himsef, he may.

XXXI. For the preventing of divers offences, viz. trespasses to the body and felonies, and committing them that offend to prison, untill they may be indicted, and so duely punished, every Hundred hath his High Con­stable, and every several tithing within the Hundred hath his petty Constables, or Headboroughs,

XXXII. Any man, suspecting another of a felonie committed, or but intended, may arrest him.

XXXIII. With indictments of trespasse, informa­tions upon penal Statutes (such as inflict a pecuniarie mulct, or other penalty upon offenders) have a neer affinity.

XXIV. Indictments of the death of a man are to be taken before the Coroners.

CHAP. 37. Proper Original Processe.

I. HItherto of the first matter of the suit; it followeth to speak of original processe.

II. Original processe is, that processe, which is untill the defendant do appear.

III. Original processe is proper or improper.

IV. Proper, which is to bring some matter into Plea or solemn action; and it is single, or mixt.

V. Single, which is by the possessions onely (lands or goods) or onely by the person.

VI. That by the land is of two so [...]ts, first, summons and Grand Cape in a real Praecipe quod reddat.

VII. The summons is the warning of the tenant in [Page 58] his land by certain summoners.

VIII. The summons upon an action brought against one as heir, must be in the land that did descend.

IX. If it be to recover the freehold of land it self, it must be in the same land.

X. A Grand Cape, is to take the Land into the Kings hands by the view of lawfull men, with a summons of the tenant to answer, as well to his default, as to the demandants action.

XI. If the tenant be returned, summoned, where i [...] deed he was not, the writ shall abate.

XII. Secondly, it is summons and re-summons, in a Mordancestor, Juris utrum, and an Assize of Darren presentment, and upon default the enquest awarded.

XIII. Original processe by the goods, as in Assize of novel disseisin, and nusance, where the original proces is Pone per vadios &c. salvos plegios.

XIV. A Pone pervadios & salvos plegios, is a proces [...] to attach the defendant by certain of his proper goods, being meer personal chattels, which he shall forfeit, i [...] he appear not, and upon such default the Inquest (sum­moned by the writ) is presently to be awarded to recog­nize the Assize.

XV. The original processe by the person is a Capias (which is a processe to imprison him) then an exigent o [...] solemn demand at five severall County Courts imme­diately following one another, and for not appearing Outlawry.

XVI. This Judgment of Outlawry is given by the Coroner in the fift County, and is onely in mayhem felonie, and treason

XVII. If the Exigent be returned not fully serve without any folly in the Plaintiffe, he bringing an Exigent de novo, before any other County holden, sha [...] have the benefit of the former Counties.

XVIII., Outlawry disableth him from suing an [...] actlon,

XIX, By Outlawry all his chattels are forfeit to the King, even such as he hath but a right unto.

XX. In Mayhem there must be three Capias, viz. Capias, alias, & pluries) t [...]o in Felonie, viz. Stealth Robbery, and Burglary) and onely one in the death of a man, and high Treason.

XXI. In felonie and Treason, they that tarry the Exigent forfeit their chattels.

XXII. A mixt original processe is that which is so by his goods, as for want of goods, resort may be made somtimes to his land, and somtimes to his person, and somtimes to both.

XXIII. Those of the first sort are in all other real actions, and in all personal actions (except trespass and offences against the Publique) and in all Justicies Sum­mons by the goods, Attachment, (or a Pone per vadios, &c.) and a distresse infinite.

XXIV. Distresse infinite is a processe to distrein him continually after, till he do appear by certain of his goods and profit (or issues) of his lands, which he loseth if he appear not,

XXV. Upon his distresse must be returned in issues the value of all his lands from the Teste of the writ, un­til the day of the return.

XXVI. With these issues the land is chargable.

XXVII. In such processe as these, if the defendant be a beneficed Clerk, he must be warned by his person, or land, if he have any Lay-fee; otherwise, processe shall go out to the Ordinary to make him appeare by the issues of his benefice,

XXVIII. Here also, if upon the summons a nihil be returned, viz. that the party hath nothing whereby to be summoned; in such case there shall issue forth a con­tinual Capias.

XXIX. But a Capias lieth not here against a Peer of the Realm, because by common intendment he must have free-hold.

XXX. In a Replevin in the County Court, if the goods be conveyed away, so as at the tenants suit they connot be restored, processe of witherm [...] [...]ieth, which i [...] for the Plaintiffe to have of the othe [...]s goods, until restitution of his own.

XXXI. Those of the second sort ar [...], in all trespas­ses upon the case, and in all offences in the nature o [...] trespasses upon the case, an Attachment, distresse in [...] nite, and upon nihil returned a continual Capias, as before.

XXXII. Here for contempts a Capias lieth agains [...] Peers of the Realm▪

XXXIII. Those of a third sort are, in trespasse [...] and offences against the publique; Attachment, distres [...] infinite, and upon nihil returned, three Capias, Exige [...], and Outlawry.

CHAP. 38. Improper Original processe Commandatorie.

I. THus far of proper original writs, which begin a [...] Action, besides which, there are certain other [...] riginals out of the Chancery, which are not deductory to bring any matter into plea or solemn action but only commandatory or prohibitory to do, or to lea [...] something undone.

II. Upon these writs no processe lieth, and therefore they may be termed Improper Originals.

III. The Commandatory writs of this nature an [...] these that follow.

IV. De Dote assignanda, which is for the wife of the Kings tenant, when the King is entitled, by office, [...] land, where she is dowable.

V. This writ is alwayes directed to the Escheator, an [...] may be either to deliver her such part of her land, as i [...] already assigned to her in the Chancery for her dower [...] or for the Escheator himself to assign her part unto her

VI If her husband held in cheif; then she must first take an oath in the Chancery not to marry without the Kings license.

VII. De Homagio capiendo, which is for the tenant by Homage Ancestrel to compel the Lord to receive his homage.

VIII. De scutagio habendo, for the Lord to have Es­cuage of his tenants by Knights-service, when the same is due upon a Voyage Royal, &c.

IX. De auxilio ad filium suum militem faciendum & filiam maritandam, for the Lord to have such aid of his tenants where it is due.

X. De Corodio habendo, to have a Corodie for his ser­vant.

XI. De annua pensione habenda, to have a pension granted to his Chaplain, until he be promoted to a be­nefice.

XII. De libertatibus all ocandis, for one single person, or bodie corporate in pleaded before the Kings Justices, to have the liberties formerly grante [...] unto them, to be allowed:

XIII. De executione judicii, to have a judgment executed: and this is a Justicies.

XIV. De restitutione temporalium, where the tempo­ralties before seized into the Kings hands are to be re­stored to a Prior, or Bishop elect and consecrate.

XV. De securitate pacis, for him that is in fear of cor­poral hurt, or of the burning of his houses, to be secured of peace in that behalf, against the party; whom he feareth, where a corporal oath must be taken by him, that standeth so in fear.

XVI. De vi laica removenda, to remove all Lay-force in any Church.

XVII. Of cleansing streets, to have the wayes, streets, and lanes of a Town corporate to be made clean when they be apt to cause infection by their nastinesse and stench,

XVIII De lepros [...] amovendo, to remove a Leper or Lazer (that will come abroad) from the company of men to some solitary place of abode.

XIX De excommunicato capiendo upon a significa­vit, viz. the Ordinaries certificate i [...]to the Chancery, that one excommunicate standeth out 40 dayes, to im­prison him, until he satisfie holy Church: And this writ also is a Justicies.

XX. De excommmunicato deliberando, to deliver him out of prison, when the Church is satisfied.

XXI De cautione admittend [...], when one taken by an excummunicato capiendo offereth sufficient pledge or caution to obey holy Church, which is refused, to have that caution addmitted, and to be delivered.

XXII. De heretico combu [...]endo, to cause one convi­cted for an heretique to be burnt.

XXIII. De coronatore eligendo, to choose a Coro­ner in full County by the free-holders of the County.

XXIV. De coronatore exonerando, to discharge a Coroner of his Office upon just cause.

XXV. This writ is directed to the Coroner himself▪

XXVI. De electione viridariorum Forestae, to chuse a Verdor of the Forest.

XXVII. De [...]exoneraeado viridario Forestae, to dis­charge a Verdor of the Forest.

XXVIII. Conge d'eslire, to Dean and Chapter (o [...] such like) to chuse their Bishop.

XXIX. A writ for the Royall assent to signifie to the Ordinary his assent to the election of an Abbot, &c and to will him to execute that which belongeth unt [...] him.

XXX. This is alwayes directed to the Ordinan [...] himself.

XXXI De securitate invenienda, quod non se [...] vertat in partes exteras sine licentia Regis, to compel on [...] to find sufficient mainpernors in a reasonable sum o [...] [Page 63] money, not to go in forreign parts without the Kings license, nor any thing there to attempt in contempt or prejudice of the King, or hurt of the people; nor to send any thither for any such cause.

XXXII. All Dedimus potestatems, the principal of which are these that follow.

XXXIII. Dedimus Potestatem, to give the Kings Roy­al assent to the election of an Abbot, or the like, made, or to be made, and to signifie so much by his letters to the Ordinary, that he may do that which belongeth to him, and to receive fealty, &c, Commanding the party to do the premises.

XXXIV. Dedimus Potestatem de fine levando, to cer­tain persons to take the acknowledgment of a fine out of Court, when one that hath agreed in the Kings Court to levie a fine, is so feeble, that he cannot travel.

XXXV. The Cheif Justice of the Common Place may take the acknowledgment of a fine without any dedimus potestatem.

XXXVI. Dedimus Potestatem de Atturnato facien­do, for the Judges to admit an Atturney for one in a suit.

CHAP. 39. Improper Original Processe Prohibitorie,

I. PRohibitorie improper original writs are these that follow;

II. A Protection cum clausula nolumus, to free ones possessions, that nothing be taken against his will for the Kings businesse.

III. Parsons, or other spirituall persons not to be charged to the payment of fifteens for goods in their possessions, annexed to their Churches.

IV. Quod Clerici non elegantur in Officium Balivi, for a Clerk not to be chosen an Officer for his lands.

V. A prohibition to forbid tenant in Dower, or by [Page 64] courtesie of England, or Guardian by Knight service, o [...] in soccage to commit waste to the destruction of the In­heritance.

VI. A Quo minus, for grantee of Estovers, to re­strain the grantor from committing waste, so as he can­not haue estovers.

VII. De exoneratione sectae, for tenants by suit o [...] Court, or other services, that they be not distreined t [...] do the same for such time, as they ought to hold the land discharged.

VIII. De exonerando pro rata, to discharge the tena [...] of parcel of the Land, according to the rate of hi [...] land, when he is lawfully distreined for all the rent and services.

IX. De essendo quieto de Tholonio, to Officers not t [...] grieve spiritual persons, and others, that ought to be quit of paying of Toll, Murage, Pannage, Pontage &c

X. De non ponendo in Juratis, to discharge Peers o [...] the Realm, and other persons priviledged from being of Juries, unlesse their presence be for any speciall cause necessary.

XI. Ne exeas regnum, to the party himself to inhi­bit him from going into forreign parts without the Kings license.

CHAP. 40. The Count, and Pleading.

I. THus far the beginning of a suit: the Proceeding followes, which hath two parts: The Count and the Pleading.

II. A condition (annexed to an estate of freehold) can­not be alleadged in Count or pleading, unless it be by Deed.

III. The Count is a larger declaration of the substance of the original writ, and therefore is usually termed Declaration.

IV. In reall actions, which are in the right, the de­mandant [Page 65] must alledge the taking of the-profits, called Esplees, in the declaration.

V. In stead of the Count a plaint shall be made in Assizes of novel disseisin, and in writs of Dower a demand.

VI. Pleading is the parties debating of the suit.

VII. Every plea must be offered to be proved true by saying in the plea, Et hoc paratus esse verificare, and this is termed an averment.

VIII. An advantage of a matter, which cannot be pleaded, shall be saved by protesting, not acknowledg­ing it to be true, although the matter pleaded passe a­gainst him.

IX. Pleas are either of the defendant, when he is first brought in to answer, or the mutual pleas of both.

X. In a joynt action against two or more, one of them appearing shall not answer, till the other come in to answer, or the suit be finished against him, as by death, outlawry &c.

XI. An action by, or against an Infant, as heir, shall not proceed, till his full age, unlesse it be apparant, that by proceeding he cannot be prejudiced.

XII. But in a writ of Dower an Infant heir shall not have his age.

XIII. The defendants first pleas are dilatory, or to the Action.

XIV. Dilatory, which are before any plea in Bar.

XV. When an action is brought against many they must joyn in the plea, if they inrend to plead these dila­tories.

XVI. Dilatory Pleas are exceptions, or forein ad­vantages.

XVII. Exceptions are dilatories grounded upon the matter it self of the suit; and are in disability, or abate­ment

XVIII. Those in disability are to the jurisdiction or perso [...], both which must be before the Count.

XIX. To the jurisdiction, when it is alledged that the Court ought not to hold plea of it.

XX. To the person, when it is alledged, that the Plaintiffe ought not to be answered, as if he be outlaw­ed, excommunicated, &c.

XXI. But in case of excommunication the suit shall be put without day, onely till he be absolved.

XXII. Those in abatement are for any fault in the first matter of the suit.

XXIII. For this cause the defendant may have Oy [...] of any thing tendred by the Plaintiffe, and not being parcel of the Record, as of the writ, condition, &c.

XXIV. Pleas in abatement are to the Count first, and then to the writ.

XXV. Amongst Pleas to the writ, exceptions tha [...] arise upon the view of the writ are to be pleaded before those that are forein, as non-tenure, several tenancy, &c.

XXVI. Pleas to the Count, are for insufficiencie, va­riance from the writ, &c.

XXVII. Pleas to the writ, are for default of for [...] false Latine, &c.

XXVIII. By waging of law, for non-summons in a praecipe quod reddar, the writ shall abate.

XXIX. In Assize of novel disseisin and nusance, and in appeals of felonie, and Juris utrum, the defen­dant may have many pleas in abatement.

xxx. The writ abating for some cause, that can not be imputed to the Plaintiffes folly, himself bringing another with speed in the same Court against the same party, shall have all advantages of the former; an [...] this is called a writ purchased by Journeys accompt

xxxi. Forain advantages are delayes without ex­cepion to any thing; as in all actions, Oyer of the [Page 67] writ, &c. In real actions, view, aid, prayer, and voucher.

XXXII. View, is (in real actions) of the thing de­manded, or of the land, whence it cometh, when it is so necessary, as without view the defendant cannot wel answer.

XXXIII. Ayde prayer is for the tenant for life, to request him that hath the inheritance, to help him to plead: so must the Incumbent pray in aid of the patron and Ordinary.

XXXIV. Voucher is the calling in of one that should warrant, to answer the action.

XXXV, Here the voucher loosing, the tenant shall recover in value against him any hereditaments, that he had at the time [...]f voucher.

XXXVI. Therefore voucher is in liew of another action, where the original processe is Summons ad War­rantizandum, and then a Grand Cape ad valentiam.

XXXVII. If one be vouched within age, it is a sum­mons ad habendum visum first, and being awarded of full age, a summons ad warrantizandum. and Grand Cape, as before.

XXXVIII. But if he be awarded within age, the parol shall demurre until his full age.

XXXIX. If the summons ad warrantizandum or habendum visum be not served, then a sequatur sub suo periculo is to go forth, and if the tenant cannot get that served, he looseth his warranty; for it is sub periculo of the tenant.

XL. But in exchanges the hereditaments are liable from the very time of the exchange.

XLI. In partition amongst co-perceners from the death of the ancestor.

XLII The King shall not be vouched but prayed in aid off, which in case hath the force of a Voucher.

XLIII. So is it also of co-perceners.

XLIV. In an Assize of novel disseisin, and nusance voucher lieth not, unlesse the vouchee be present in Court, and will by and by enter into warrantie.

XLV. He that is impleaded in any action, wherein he may vouch and doth not, shall never have the be­nefit of a Warrantia Cartae

XLVI. Advantages in certain personal actions are Garnishment and Enterpleader.

XLV [...]I. Garnishment is upon a writ of detenue, when it be alledged by the defendant to have been upon a bailment by the Plaintiff, and another. or for another upon condition, that other shall be brought in to shew whether by reason of that bailment himself, or the Plaintiffe ought to have the goods, chattels, &c.

XLVIII. Enterpleader is, when divers bringing se­veral writs of detenue, ward, or Quare impedit against the same person in the same County, and for the same thing, the rest shall answer him, that brought the first writ.

XLIX. The King may appoint any place he thinketh good to be a safeguard for all offenders flying tbither, tha [...] they shall not be molested, or compelled to answer, which priviledged places have in former times been called San­ctuaries.

L. Thus far of dilatory Pleas, Pleas to rhe acti­on are such as go to the body of the matter, and are Pleas in Bar, or Confessions.

LI. Pleas in bar, are those, which are to bar the Plain­tiffe of his action.

LII. In these the defendant must make defence, as t [...] say, Defendit vim & injuriam quando, &c.

LIII. But no such defence shall be made in Dower, Assize of novel disseisin, per quae servitia, or At­taint.

LIV. The tenant may plead a warrantie in bar o [...] him that should warrant; if he b [...]ing the writ.

LV. And though the tenant of the land be a stran­ger to the warrantie, yet he may plead that he hath a third persons estate, and so rebut by a warrantie, made unto that person.

LVI. But in writs of Dower the ancestors warrantie is no bar.

LVII. A warrantie made by the disseisor at the time of the disseisin, barreth not the heir, and this is called a warrantie that commenceth by disseisin.

LVIII. In an Assize of novel disseisin and trespasse the defendant pleading a title in bar, must give colour of titl [...] to the Plaintiffe.

LIX. In the giving of this colour, these three, things must be observed, 1. It must be to the Plaintiffe not to a stranger, or to the defendant, 2. It must be of such a possession, whereby he may maintain his action. 3. The Colour must be a matter doubtfull in law, or otherwise difficult to the Lay people.

LX. In real actions for the meer right, when it is in respect of a disseisin done, the tenant cannot traverse the seisin, but may tender half a mark to the King to have it inquired by the Jurie: and being found, that the demandant was not seized in the time, whereof he counteth, that shall bar him for ever.

LXI. The tenant cannot tender half a Mark against the King.

LXII. The heir or executors in an action brought a­gainst them (where they are chargable) pleading a matter in their own knowledge, which goeth in perpe­tual bar, shall be charged as in their proper duty, if it passe against them.

LXIII. In Assizes of novel disseisin, nusance, mort­dancestor, Juris utrum, and in indictments and appeals of felony, the defendant may plead in abatement, and over in bar, or take the general issue also.

LXIV. In Assizes of novel disseisin and nusance, [Page 70] he may plead a speciall matter, that amounteth but to a general issue:

LXV. Upon Indictments of felony and treason, the defendant being put to answer, is not allowed Council, if he denie the fact.

LXVI. A presentment in the Leet or Sheriffes turn, after the day of presentment bindeth the party for ever, and is not traversable but in cases that touch ones freehold.

LXVII. Therefore the course is, to remove such pre­sentments into the Kings Bench by a Certiorari, where they may be traversed.

LXVIII. Confession is, when the defendant confes­seth the Plaintiffes action to be good.

LXVIX. The defendant confessing an Indictment of felony may accuse others of the same offence.

LXX. One that flying to a Church or Church-yard and confesseth before the Coroner, when he cometh the certainty of any bare felonie, where life and mem­ber is to be lost, before he be thereof attainted, may abjure.

LXXI. Abjuration, is his oath before the Coroner himself to depart the Realm for ever at the time and place set him; going the direct way theither; tarrying there but one floud and ebbe, if he can have passage, and, till he can so passe, going every day in the sea up to the knees to assay if he may passe over; and if he cannot passe within 40 dayes, then to put himself again into the Church as a felon, &c.

CHAP. 41. Replication, Rejoynder, Sur-rejoynder, &c. the issue and demurrer.

I. THus far the Pleas of the defendant, the mu­tual pleas of both, are the debating before issue, or the issue it self.

ij. Debating before issue, is the discussing of the material things to draw it to some one issue.

iij. Of the first sort, are replication, rejoynder, sur-rejoynder, &c.

iv. In an Assize against many, if each take the whole tenancy severally, and plead severall matters in bar, or one Nul-tort, and the other in bar, the Plaintiffe at his peril must choose his tenant. And then after issue for the whole, the Tenancy shall be first inquired of, and being found for the Plaintiffe, then the other issue shal be enquired; but being found against him, and no title made against the tenant indeed, the writ shall abate.

v. In an action of trespasse meer transitory, although the defendant justifie by any speciall matter, yet the plaintiffe may take issue, that it was done de son tort de mesne, viz. wrongfully by the defendant without an­swering to that matter.

vi. If it be a trespasse upon land, the defendant justi­fying in some other land then the Plaintiffe meaneth, the Plaintiffe may make a new assignment

vii. An issue is, when both the parties joyn upon somewhat, that they refer to tryal to make an end of the plea.

viii. This issue, is of the fact or of the law.

ix. Of the fact, when the proper contradiction of that, which one alledgeth, is set down by the other.

x After which, if any insufficient pleading appear in the Record, whether the issue be joyned thereupon (which is called a Jeosaile) or no, the Parties must begin a new, where the first defect was.

xi. But no re-pleader shall be in an Assize, if the Plaintiffe have disclosed a sufficient title.

xii. If the tender of this issue come on the plain­tiffes part the form is, Et hoc petit, quod Inquiratur per recordum or Patriam, &c.

xiii. If on the defendants part then it is, Et de hoc [Page 72] ponit se super recordum illud, or super Patriam.

XIV. Issue in a writ of Right cannot be joyned up­on the meer right, but by the party himself, and this is called the joyning of the Mise.

XV. Where the Plaintiff in his his replication ma­keth title at large, the Tenant may joyn issue upon the title, by saying, Veigne Assize sur le title, and this is cal­led a Pleading to the action at large.

XVI. But in a personall action, when the title of the Land cometh in question, it lyeth not till issue ioy­ned, and yet in that case it never lyeth for Tenant for life, but only for tenant for years. Bailiff, &c.

XVII. Aid in these actions shall be of the King before issue joyned onely.

XVIII. This being a matter (In fait, viz.) done in the country is tryable by the oath of twelve free and lawfull men of the same County indifferently chosen.

XIX. Four of the Jury must be of the same Hundred.

XX. If the thing in issue lye in the notice of two severall counties, and not of one only, the Jury shall be made equall out of both.

XXI. But upon an Indictment of an offence against the Crown, the tryall shall never be by Joynder of Counties.

XXII. But if the Defendant plead in any Action, that the Plaintiff is a villeine regardant to a Mannor of his, in in another County, yet the same shall be tri­ed in the County where the writ is brought.

XXIII. Where a Peer of the Realm is party to the Action, a Knight must be returned upon the Jury.

XXIV. In a Court of Pipowders, the tryall is by the Merchants.

XXV. The Jury in a writ of Right is called the grand Assize, being four Knights (or others in default of Knights) choosing of twelve unto them.

XXVI. This Iury is called the Grand Assize, be­cause [Page 73] it alwaies consisteth of more then 12. viz. of 16.

XXVII. Upon tryall by Jury▪ challenges are allow­ed for the parties (if they will) both to the Array & to the Pols, and are to be tryed by some of the jurors.

XXVIII. If it be before any Iurors sworn, the Court shall choose Triers, but when any of the Iurors are sworn they must try it.

XXIX. Challeng to the Array, is when the Jury is not sufficiently impanelled.

XXX. Upon iust cause of exception to the Sheriff, & afterwards to the Coroner, the Court shall choose cer­tain persons to return the jury, who are called Esliors.

XXXI. And then the parties shall never afterwards make any challenge to the array.

XXXII. Challenge to the Poll, is, when any of the jurors are not fit to passe upon the triall.

XXIII. This Challenge must be taken before the panell be perused, and shall be tryed by two of the ju­rors chosen by the Court.

XXXIV. But Challenges that sound not in reproach of the juror, shall be examined upon his Oath which is called examination upon Voire Dire.

XXXV. He that challengeth the array, if it passe against him (or that he release it) shall never chal­lenge the polls, without shewing cause presently, which shall be tryed out of hand.

XXXVI, After Challenge to a juror for one cause, which passeth against the Challenger, hee shall not challenge him for another.

XXXVII. In Indictments and appeals of felony, the defendant may challenge thirty five jurors without shewing cause, and this is called a peremptory challenge.

XXXVIII. When there lacketh some to fill the jury, others of the same sort shall be taken till it be full, and they are called a Tales.

XXXIX. The Tales must be an even number, and [Page 74] lesse then the principal Pannel, as Decem Tales, Oct [...] Tales, &c.

xl. Every Tales must be of lesse number then the other, as after an Octo Tales, a sex Tales, &c.

xli. But in Indictments and appeals, that touch life, a Tales may be of a greater number then the principal pannel.

xlii. The Jury being charged, may neither eat no [...] drink (but by leave of the Justices) before their Verdict given.

xliii. Doing so before they be agreed, it maked their verdict void, but after they are agreed, it is onely finable.

XLIV. The Jury upon arraignment, acquitting on [...] that was found guilty of the death of a man upon an enquiry before the Coroners super visum corporis, mus [...] finde who did the fact.

XLV. The Jury in an Assize of novel disseisin shal [...] inquire of the plea in abatement.

XLVI. And therefore in such an Assize no plea i [...] abatement is answerable.

XLVII. An Infant bringing an Assize, if a matte [...] done in the same County be pleaded against him, th [...] Jury shall inquire of all the circumstances.

XLVIII. The like inquiry of the circumstance [...] shall be, if in an Assize brought against him, he plea [...] to the Assize at large.

XLIV. If the tenant in a mordancester travers [...] any point of the writ, yet the jury shall inquire of al [...] the points, and any one found against the Demandan [...] abateth the writ.

L. For the better direction of the Jury in their verdict, greater liberty is permitted in pleading a matte [...] doubtful in law.

LI. For somtimes a traverse may be omitted.

LII. Sometimes also, the speciall matter may b [...] [Page 75] pleaded together with the general issue.

LIII. Likewise the Court may be abridged before verdict, so as the original remain true.

LIV. After acquittal upon an appeal or indictment of felonie or treason, he shall never be drawn in questi­on for the same offence again.

LV. In writs of right and in appeals, that touch life, trial may be by battail at the defendants choice.

LVI. The battail in a writ of right may be by Cham­pions, who must be freemen.

LVII. Here, the demandants Champion must have seen him or his ancestors in possession, and thereof take his oath.

LVIII. The battail in an appeal must be in proper person; and therefore here the defendant is restrained from the choise of Battail (and must needs try it by Ju­ry) if there be any notorious presumption of the fact in him, or imbecility in the Plaintiffe: Also against a Peer of the Realm bringing an appeal, the defendant shall not wage Battail.

LIX. In a writ of Dower, issue taken upon the death of her husband, shall be tried by witnesses.

LX. In some cases also the trial shall be by the de­fendants oath, as 1. Where the tenant in a Praecipe quod reddat alledgeth, that he was lawfully sum­moned according to the law of the land. 2. In meer personal contracts growing without deed, or privitie of others, the defendant may wage his law.

LXI. Therefore in such kinde of actions executors are not chargable.

LXII. No wager of Law shall be against the King.

LXIII. But wager of law may be upon plaints in Court Barons for personal things under 40 Sh.

LXIV. An issue of Law (returned a Demurrer) is, when admitting the matters alledged, either of them [Page 76] resteth in the judgment of the Court.

LXV. The demurrer being joyned upon an exception to the original it self, or Count for fault appearing in them, doth onely drive the defendant to make a bet­ter answer (which is called a respondes ouster) if it passe against him.

CHAP. 42. Appearance, Continuance, mesne, processe.

I. THus far concerning pleading; the other mean acts are appearance and continuance, or judi­cial processe.

II. Appearance, is the parties coming into the Court where upon common day given, the fourth day after the very day is allowed.

III. When the defendant appears not, as he ought he is said to make default.

IV. When the partie for not appearing should have some great losse, or corporal pain, he may appear, though the Officers return force him not to it.

V. If the Plaintiffe will not appear, when he is demanded at the day, (which is termed a Non-suit) or say in Court; that he will not sue forwards, (which is a re­traxit) this is peremptory, and looseth him his Acti­on.

VI. But in real Actions brought by many, if one will not prosecute, the rest may alone; except in a writ [...] nativo habendo, and that is in favorem libertatis.

VII. For executors also summons and severance lie [...] in personal actions.

VIII. If the defendant will not plead (which is ca [...] led a Nihil dicit) this in all actions is peremptory, [...] looseth the action.

IX. So in personal Actions, if he appear, and afte [...] plea or demurrer joyned, make default; this is al [...] peremptory, and imports a Nihil dicit.

X. Howbeit, either of the parties may for once be excused of appearance, if they demand it the first day, or any of the four dayes, unlesse the other enter an exce­ception, that no Essoyn be received.

XI. Also upon every mean appearance a new Essoin lieth.

XII. And this is called an Essoin de mal venir, or the common Essoin.

XIII. Besides this Essoyn, there are divers other for speciall causes allowed, as of being beyond sea, of go­ing ad terram sanctam, of the Kings service, and de malo lecti.

XIV. These last have a year and a dayes adjourn­ment, where upon an oath must be taken that the cause is true.

XV. But no such special Essoin lieth in an Assize of novel disseisin, Dower, Assize of Darrein presentment, and Quare impedit.

XVI. Continuance is from day to day till the end of the suit.

XVII. Here, if the Plaintiffe do nothing, it is cal­led a discontinuance.

XVIII. and if any error be in the continuing, as by awarding a Capias, where a distresse should be, it is called a miscontinuance.

XIX. The suit of an excommunicate person shall be put without day, (termed parol sans Jour) till he be absolved.

XX. So it is also in all other cases, which happen without the Plaintiffes folly.

XXI. After continuance taken, the defendant may for once, leave his former plea, and plead any thing, growing since this latter continuance.

XXII. Continuance is by processe, or upon the Roll.

XXIII. That upon a Roll is the dies datus, or Em­parlance.

XXIV. Dies datus, when the Court giveth th [...] parties day, and this is alwayes before the Count.

XXV, Such a continuance by assent of both the par­ties is called a Prece partium.

XXVI. But in Assizes the continuance is, by a Justiciarii nondum avisantur, and not by a Dies datus,

XXVII. Emparlance is, when the defendant demandeth day, to see if he may end the matter without further suit, which he may do once, but not ofte [...] without the Plaintiffes consent, and this is alwaye [...] after the Count.

XXVIII. After Emparlance he cannot plead i [...] the Jurisdiction or person, neither yet in abatement ei­ther of the Count or writ, nor demand Oyer of an Ob­ligation, or the like.

XXIX. But after a special Emparlance, Salvis o [...] ­nibus advantagiis, he may plead to the Count or writ and also have Oyer; but not to the Jurisdiction [...] person.

XXX. In an appeal that toucheth life, if the de­fendant plead a plea, whereby his life should come [...] jeopardie, the Plaintiffe shall not imparle unto it, b [...] must answer sedente curia.

XXXI. Default after Emparlance is peremptory and looseth the action in all actions reall and pers [...] nall.

XXXII. Judicial processe, is a processe out of the Court, where the original is returned, prosecuting [...] Action.

XXXIII. Judicial processe are mesne processe, [...] in nature of new originals.

XXXIV. Mesne processe, which is for any necesary act to be done, not onely for the Plaintiffe against th [...] defendant, but for either of them against any othe [...] whose presence in the Court may be necessary for them

XXXV. Upon a fine levied, before it be engrossed, the writs to compel attornment are.

XXXVI. Per quae servitia, when the fine is levied of a Seigniorie.

XXXVII. Quem redditum reddit, when it is of a rent charge or rent seek.

XXXVIII. Quid juris clamat, when it is of a re­mainder or Reversion.

XXXIX. In Petitions, or whatsoever the King (be­ing made partie) may be at losse, A writ of search lieth, which is to search in the Treasurie before the plea prooeed if by likelihood some matter may be found there to maintain his title.

XL. In real Praecipes, where a freehold is to be recovered, upon default, after plea, issue or demurrer, a Petit Cape shall go forth to cause the tenant to answer to the default onely.

XLI. So upon a voucher a Petit cape ad valen­tiam.

XLII. In such as are for other hereditaments (save in point of Seigniorie) as annuity, Quare impedit, Quo jure, Quod permittat &c. upon default, as before, a di­stresse shall go forth in lieu of a Petit cape.

XLIII. The processe against jurors is a venire facias to the Sheriffe to return them, at which day if they ap­pear not, then a Habeas corpora, and after that a distresse infinite.

XLIV. In an action of trespasse (alwayes) whatso­ever the issue be, release, justification, &c. and in debt, detinue, account, and other personal actions, which are for things in certain, if the issue be taken upon matter in fait onely, and the defendant make default, the jury shall be taken.

XLV. But if it be upon matter in writing, the plain­tiffe may there pray judgment, if he will: howbeit, [Page 80] if he do not pray it, the Jury shall be taken by default as in action of trespasse.

XLVI. But in Assizes of novel disseisin, nusanc [...] Mordancestor, Darrein presentment, and Juris ume [...] the original writ commandeth a jurie, as well as th [...] defendant to be warned, which summons to the jurie se [...] veth in stead of a venire facias, so that the processe her [...] against the jury, is Summons, Habeas corpor, & d [...] stringas.

XLVII. And therefore here, upon default afte [...] that original processe ended, ( viz. the Atachments an Assize of novel disseisin, and nusance, and the summons and re-summons in a mordancestor, Darrein resentment, and Juris utrum) the enquest shall be take [...] by default.

CHAP. 43. Commandatorie Judicial processe in the natur [...] of new originals.

1. THus far of mesne process; Judicial process in th [...] nature of new originals (in none of which [...]

II. Freehold shall ever be recovered, but damage [...] onely) are these that follow; first, such as cmomande [...] do somthing, as,

III. Re-summons, and Re-attachment, to receive [...] the former plight a suit put without day:

IV. These may either revive the original alone, [...] the whole proceeding by speciall words.

V. All certificatorie writs.

VI. Certiorari, to remove a Record out of a Count [...] Record into the Chancery.

VI. Writs to remove suit out of the Court Baron

VIII. These may be without shewing any cause, the writ, if the remove be at the Plaintiffes suit; b [...] not without shewing good cause in the writ, if it be [...] the defendants suit.

VIII. These are to remove pleas, by writ, or by plaint.

IX. Of the first sort are Tolt and Pone.

X. Tolt or Tollas is for the Plaintiffe to remove a writ of right out of the Lords Court into the County Court.

XI. A Pone is to remove into the Common place in all other cases.

XII. But a Pone, to remove a Replevin by writ out of any other Court Baron, then the County Court, can­not be without shewing cause.

XIII. Of the second sort are a Recordare, and Ac­cedas ad Curiam, in both which nothing but the plaint shall be removed.

XIV. A Recordare is to remove plaints in the Coun­ty Court.

XV. An accedas ad Curiam, is to remove plaints in any other Court Baron.

XVI. This also (upon good cause shewed in the writ) lieth for a tenant to remove the plea in writ of right out of the Lords Court immediately into the Common place.

XVII. A Mittimus, to send a Record out of the Chancery into another Court of Record.

XVIII. But the Chancelor may send such a Re­cord by his own hands (without any Mittimus) if he please.

XIX. A Procedendo, to proceed in suits.

XX. Of this nature is a writ of consultation, to pro­ceed in the spirituall Court, when one▪ suing there for matters belonging to that Court, is restrained to prose­cute the suit.

XXI. A writ of Mainprise, to set at liberty one bail­able, finding bail to answer the action

XXII. Such persons bailable be they which are ta­ken upon a Capias original.

XXIII. But not the defendant in appeal of may­hem, if the mayhem be heinous; nor the principall in an indictment or appeal of felony; nor the accessory after the attainder of the principall, nor any in high Treason.

CHAP. 44. Other judicial Processe of the like nature.

I. A Writ of Recaption, for him whose goods being distrained before for rent, or services, are distrained again for the same thing; hanging the plea in the County Court, or before the Justices.

II. A Writ de magna Assisa eligenda to the Sheriffe to summon four Knights to choose the Grand Assize, when the Mise is joyned thereupon in a writ of right.

III. And this is a meer Judicial writ issuing out of the Common place, when the Plea hangeth there.

IV. A Certificate of Assize upon an imperfect Ver­dect given in an Assize, to bring in the same Jurors to give a more perfect one.

V. A proprietate probanda unto the Sheriffe, to enquire whether the property be to the plaintiffe or defendant, when upon a Replevin sued, the defendant claimed property.

VI. And this also may be meer Judicial, issuing o [...] of the Kings Bench, or Common place, and returnabl [...] there.

CHAP. 45. Prohibitory judicial processe in the nature of new Originals.

I SEcondly, hither belong such Writs, as are prohibi­tory, or restrain from doing some thing, where the prohibition it self is in lieu of a summons, and after that the process is an Attachment and Distresse: of this sort are.

II. Prohibitions to restrain the party from suing in an inferiour Court, that ought not to hold plea of it.

III. Such a prohibition is an indicavit for the defen­dants Patron, when the right of advowson in any part of ones tithes is in demand in a spirituall court, between two Clerks, claiming from severall Patrons

IV. A Supersedeas, to stay any further proceeding in a suit.

V. Of this nature are, a writ of peace, for the tenant upon a writ of Right brought in the Lords Court, vouching one to warranty out of the power of that court which is called a Forraine Voucher, or joyning the mise upon the grant Assize, to have the matter respited, un­till the Justices in Eyre come thither, which writ, if he bring not, after such voucher or mise joyned, he looseth his tenancy.

VI. De libertate probanda, for the Defendant upon a Nativo habendo in the County Court, claiming to be frank, to the Sheriff, to adjourn the plea before the ju­stices in Eyer

VII. Identitate nominis, for one molested by a suit a­gainst another of the same name.

VIII. Protections cum clausula volumus, when the King (in respect of the defendants being in his service) taketh him into his protection for one year to be free from all suits.

IX. Therefore such a protection shall for that time save all defaults.

X. Howbeit writs of Dower, Quare impedit, Assizes of novel disseisin, and pleas before the Justices in Eyre are accepted.

XI. This kinde of protection is double, viz. Prote­ctio quia profecturus, when he is to go beyond sea in the Kings businesse.

XII. And Protectio quia moratur, when he stayeth there about it.

XIII. Of this nature also is a protection quia in prisona, when being sent beyond sea in the Kings wars, he is there taken and detained in prison.

XIV. The King may take his Creditor into his protecti­on, that no other Creditor shall sue or arrest him, till the King be satisfied.

XV. He may also by a writ called Warrantia Dei, (re­hearsing that one which should appear, in proper person, is in his service) will, that for one day, no default be recorded, upon him.

XVI. Essoin de malo lecti, which is a writ to warrant an Essoin of lying sick a bed, cast by the tenant in a writ of right; Commanding four Knights to see him; and if he be sick, to give him adjournment of a year and a day.

XVII. A ne admittas, for either partie in a Quare impedit, or Assize of Darrein presentment, to the Ordi­nary, not to admit the others Clerk, till the matter be discussed.

XVIII. This writ must be sued within six moneths otherwise the Ordinary may present by lapse.

XIX. A Quare incumbravit, for him that sueth a Ne admittas and afterwards recovereth in a Quare impedit against the Ordinary for imcumbring the Church, con­trary to the Ne admittas.

CHAP. 46. The Judgment.

I. THus far of suit: Judgment is the Courts final determination of the suit.

II. Upon judgment against the King in a petition, he is presently out of possession.

III. In a writ of right, the judgment after issue joyn­ed is final on either side.

IV. Against the King, judgment is not final, but is al­wayes with a Salvo jure Regis.

V Recovery in a writ of right bindes all strangers, not claiming within a year.

VI. Tenant for life suffering a wrongful recovery, it shall not prejudice his right, that hath the Inheri­tance, though he be prayed in aid, and make default.

VII. For after the death of tenant for life, he may falsifie it by action, of ad terminum qui preteriit, or writ of right, which is called falsifying of a recovery.

VIII. In a writ of Dower feme Guardian in soc­cage against Guardian by Knight service, she shal at his prayer be adjudged to endow her self wholy of the land in soccage, and this is called Dower de la plus beale.

IX. A debt acknowledged in a Court of Record ei­ther to the King, or a common person, is in the nature of a judgment, and called a Recognizance.

X. In appeals of mayhem, and in Indictments or ap­peals of felony, the accessory shall not be compelled to answer, till attainder of all the principals.

XI. He that is, or (by possibility) may be within Or­ders, namely, a Deacon at the least, may have the be­nefit of his Clergy, if he be found culpable of any bare-felonie, where life and member is to be lost.

XII. This possibility (there being no other impediment) shall be tried by the judges by his ablenesse to read a verse.

XIII, Clergy is the delivering of him to the Or­dinary to be kept in prison.

XIV. If it be before judgment (in which case he is called a Clerk convict) he shall be tried there by a jury of Clerks, and therefore purging himself shall goe at large.

XV. Not purging himself, but being found culpable by those Clerks, he shall be only degraded.

XVI. But upon an appeal, no purgation shall be al­lowed.

XVII. A Clerk convict shall answer to any offence committed before.

XVIII. A Clerk convict forfeiteth his chattells.

XIX. Notice must be given to the King of the time, be­fore the party make purgation.

XX. If the Clergy be after judgment (in which case he is called a Clerk-attaint) he shall remain in perpetu­all prison.

XXI. Outlawry is a judgment in it self.

XXII. So is ab [...]uration.

XXIII. The offender upon a presentment in a Leet, or Sheriffs turn shall be amercied.

XXIV. The Defendant in an appeal of felony, being acquitted, shall have iudgment also to recover dama­ges against the Plaintiff.

XXV. The Plaintiff recovering in a suit shall be al­lowed his costs.

XXVI. These judgments have their judiciall Writs belonging to them, both meer judiciall writs for the ex­ecution of them, and new originalls in the nature of iudiciall writs, to undo some matters concerning iudg­ments.

XXVII. Meer judiciall Writs in reall, or personall a­ctions▪ are either such as lie only within the year and day after the judgment rendred, or a Scire facias.

XXVIII. Those of the first sort are between the partie to the recovery, and in the same Court where the re­covery was.

XXIX. Of this kind are upon recovery in reall and mixt actions.

XXX. Habere facias seisinam, to put him in possession upon a freehold recovered, in an Assize, Precipe quod reddat, &c.

XXXI. A writ to the Bishop to admit ones Clerk up­on a presentation recovered in a Quare impedit, or As­size of Darrein presentment.

XXXII. Those upon a recovery in personal actions are of two sorts, viz. to have execution of his possessi­ons, or against his body.

XXXIII.. Execution of his possessions, is either of his lands, or chattels, or both.

XXXIV. That of the land, is either of the land it self, or of profits out of the land.

XXXV. Execution of the land it self is an Habere facias possessionem, upon a term of years recovered in an Ejectione firmae &c.

XXXVI. Executions of his chattels is a Fieri facias, to levie execution of his goods and chattels onely.

XXXVII. Execution of his lands and chattels, is a Levari facias, to levie execution of the profits of his lands and chattels.

XXXVIII. Here, execution shall be of any land, which the party had the day of the judgment rendred, but for chattels (though it be a lease for years) onely those, which he had the day of the execution sued.

XXXIX. But in Court Barons execution is onely by distresse, and impounding till the party be satis­fied

XL. The King may have a distringas to levie an a­merciament, or such like by distresse and sale, whether [Page 88] it be an amerciament in the Leet, or Sheriffs turn, or o­therwise.

XLI. Execution against the body is a Capias ad sa­tisfaciendum, to take the body in execution for satisfying of the partie.

XLII. This is onely (in a personal action) where a Capias lay.

XLIII. Here an Exigent shall be awarded upon the first Capias.

XLIV. Of this nature are two speciall writs by the Kings Prerogatory, Capias pro fine Regis, and Capias utlagatum.

XLV. Capias pro fine, when the partie is adjudged to pay a fine to the King.

XLVI. Capias utlagatum, to take one that is out­lawed

XLVII. These are the judicial writs within the year and day.

XLVIII. A Scire facias, is to warn the defendant upon recovery in real actions, to shew cause why the plaintiffe should not have execution.

XLIX. Here, upon a Nihil returned, execution shall be presently against the parties to the Judge­ment.

L. In case of life, the Judge may command execution to be done without any writ.

LI. A woman quick with child shall for once (an [...] no more) be respited execution.

LII. Here, the trial shall be by a Jury of women and the writ for it is called, A writ De Ventre inspi [...] ­endo.

CHAP. 47. A writ of Errour, False Judgment, Attaint, Audita Querela.

I. THe new originals in the nature of judicial writs to undo some matters concerning Judgements are either writs grounded upon Errour, or an At­taint, and Audita querela

II. Writs grounded upon Errour, are a writ of Errour and false Judgment.

III. Both these lie upon any errour in the proceed­ing.

IV. But errour in processe may the same term be re­formed in the same Court.

V. The processe here is a Scire facias.

VI. The party bringing a writ to reverse errour in the Judgment, may have a super-sedeas to stay execution, till the errour be discussed.

VII. A Writ of Errour is upon an errour in a Court of Record.

VIII. This may be sued in the Kings Bench, or Par­liament.

IX. In the Kings Bench, when the errour is in the Common place, or other inferior Court of Record.

X In the parliament, when the errour is in the Kings Bench, and this is returnable before the King and the Lords onely.

XI. A writ of false Judgement is upon errour in a base Court.

XII. An Attaint, is to enquire, whether a Jurie of twelve men gave a false verdict.

XIII. This must be brought in the life of him for whom it passeth, and of some of them that gave it.

XIV. It lieth onely in personal actions other then trespasses.

XV. The Jury here, (called the Grand-Jury) are twenty four, who are to be warned the first day.

XVI. The processe against the party is summons, re-summons, as in Mortdancestor, &c.

XVII. The processe against the petty Jury is Venire facias, and distresse.

XVIII. The petty jury must be all present, when the Grand jury is taken, and may plead in bar of the attaint, but not in abatement of the writ.

XIX. The Plaintiffe in the Attaint can give no more Evidence then was given at the first; but the defendant in affirmance of the first verdict, may.

XX. Audita querela, is for one being, or to be in exe­cution, to relieve him upon good matter of discharge, which he hath no means to plead.

XXI. The processe where the Audita querela is sued before execution, is a venire facias and distresse, and up­on default after appearance and plea pleaded, a distrin­gas ad audiendum judicium; for thereby judgment is to be given against him.

XXII. In case of an Audita querela sued before ex­ecution, he may have a supersedeas upon good matter of discharge surmised in the writ of Audita querela, to stay for once the execution upon sureties.

XXIII. After execution the processe is onely a Scire facias; for if the processe should be by distresse infinite peradventure the partie should loose issues to keep the o­thers body in perpetual prison.

CHAP. I.

Rule 1. IN the second Volume of old Statutes is a long Act made Anno 12 E 1. entituled Statuta Walliae, whereby it appeareth, that Wales was then incorpo­rated into England, there are also many good Lawes concerning the division of Wales into Counties, also for trials of Actions, together with divers formes of Writs, and the proceeding thereupon, much like the Lawes of England, &c.

Stat. 27. H. 8. 26. Incorporateth Wales into England, and the other Statutes, that concern it, are 28. E. 3 2. 9. H. 4. 4: 2. H. 5. Stat. 2. 5. 26 H. 8 4. 26 H 8. 6 27 H. 8. 7. 33. H. 8. 13. 34. 35. H. 8 26. 18 El. 8. 27. El 9

Rule 35. Stat. 37. H. 8. 21. By assent of Ordinary, Incumbent and Patron under their seales, an union may be made of two Churches, being not above six pounds yearly value in the Kings Books, nor distant one from another above a mile; saving to the King his tenths and first fruits.

Incorporate Towns, it must be by assent of the Cor­poration.

If such a poor Parish will within a year assure by wri­ting [Page 2] to the incumbent and his successors, 8 l. yearly the union shall be void.

Rule 36. &c. Magna Charta, 36. 9 H. 3. If any shall give lands to a religious house, the grant shall be void, and the land forfeit to the Lord of the fee.

Stat. of Glocester, or de religiosis, 7 E. 1. If lands be aliened in Mortmain, the immediate Lord hath a year to enter, the next Lord half a yeare, and so from Lord to Lord, till it come to the King.

Westm. 2. 32. 13. E. 1. Ecclesiasticall persons being de­barred by the former statutes to obtain lands in Mort­main by alienation, endevoured fraudulently to obtain them by default in a suit: And therefore in such case it as ordained by this statute, that it should be enquired by the country, whether or no the Demandant had just title; and if so, then he should recover seisin; but if otherwise, the Lord of the fee should enter as before.

West. 2. 41. The King (founder of a religious house) may seize Lands, which he gave them, if they alien.

Ordinatio de perquirendis libertatibus. 27. E. 1. Be­fore licences are obtained to Amortize lands, the writ Ad quod damnum, shall issue out of the Chancery to in­quire concerning the same, &c.

The statute of Amortizing of Lands, 34. E. 1. Lands shal not be aliened in Mortmain, where there be mean lords without their consents declared under their seals, neither shal any thing pass, where the donor reserveth nothing to himself, or where the inquisition is made, and returned without warrant, viz. without the writ O­riginall returned with the inquisition, &c.

The statute of writs for making inquisitions of Land to be put in Mortmain, Incerti temporis, Writs of Ad quod damnum, for amortizing lands shall not be granted, but upon petition in full Parliament.

St [...]tutum de Clero, 3. 18 E. 3. If Prelates, Clerks be­neficed, [Page 3] or other people of religion, being impeached for purchasing lands in mortmaine, shew the Kings charter of license, & process therupon made by an In­quest of Ad quod damnum, or of the Kings grace or by fine, they shall be in peace: And albeit they cannot sufficiently shew that they have entred by due process licence to them granted, yet they shall be well receiv­ed to make a convenient fine for the same.

Stat. 15. R. 2. 5. Lands converted to a Church­yard, or purchased to the use of any spirituall person, Guilds, or Fraternities, or by a corporation shall be within the Statute of Glocester, 7. E. 1.

CHAP. 2.

Rule 3 PRaecog Reg. 9. 17. E. 3. The King shal have the custody of the lands of naturall fools, taking the profits thereof without waste and finding them necessaries and after, their death, shall render them to the right heir.

Praec. Reg. 10. The King shall provide▪ that the lands of lunaticks be safely kept without waste, and that they and their families (if they have any) shall be main­tained with the profits thereof, and that the residue be kept for their use: and delivered unto them when they become to be of right mind: so as their lands shall not be aliened, neither shall the king have any profit ther­of to his own use: But if they dye in such estate, the residue shall be distributed for their souls by the ad­vice of the Ordinary.

Rule 4. Stat. 1. R. 3. 1. All grants, conveyances re­coveryes and other assurances, made by Cesti que use, (being of full age, Compos mentis, and at large) shall be good against him and all others claiming as his heir or heirs, or to his use, saving the right of all others.

Stat. 4. H. 7. 17. The heir of Cesty que use (of [Page 4] Knight-service land) shall be in ward and pay relief.

Stat. 19. H. 7. 15. execution upon judgment, statute or recognizance shall be good against Cesty que use.

The heir of Cstey que use shall pay relief, heriot, &c.

Cesty que use being a Bond man, the Land shall be seised by the Lord.

Stat. 27. H 8. 10. Where any be seised to the use of trust of another, Cesty que use, or trust shall have the possession in such qualitie, manner, and condition, as he had the use or trust: so when any be seised to the use or intent that another shall have a yearly rent of the same lands, Cesty que use of the rent shall be deemed in the possession thereof, of like estate as he had that use.

Stat. 27. H. 8. 16. Bargaines and sales to raise an use of Inheritance or freehold must be by deed indented and inrolled within six moneths, in a court of record at Wstem. or in the County where the land lieth.

Rule 9. Stat. 50. E. 3. 6. Fraudulent Assurances of lands or goods to deceive Creditors shall be void, and the creditors shall have execution thereof, as if no such gift had been made.

Stat. 3. H. 7. 4. All deeds of gift of goods and chat­tels, made of trust to ones own use, shall be void.

Stat. 13. El 5 Every gift, grant, bargain, and con­veiance of lands, or chattles, or of a lease, rent, com­mon, or other profits out of them, and every bond, suit, judgment and execution had or made for the defraud­ing of any persons just action, suit, debt, account, da­mage, penaltie, forfeiture, heriot, mortuarie, or releif, shall be void against that person, his heires executors, &c.

The parties, or privies (knowing such a fraudulent gift) which shall justifie it to be done bona fide, or shal alien such things so to them conveyed, forfeit one year value of the lands or profits out of it, and the whole value of the goods nad chattles, and the sum of such [Page 5] covenous bond, and shall have half a years imprison­ment.

This Act extends not to common recoveries, nor vouchers in a Formedon, nor to any gift, &c. bona fide, and upon good consideration to any person, not knowing of the fraud.

Stat. 27. El. 4. Every conveyance, grant, charge, lease, estate, incumbrance, or limitation of use of lands, tenements, or hereditaments made for the defrauding of purchasers of the land it self, or any part, or profit out of it, shall be void against the person so purcha­sing for money, or other good consideration, and a­gainst all claiming under him, with penalty, as in the former Statute.

This extendeth not to the avoiding of any grant, &c. upon good consideration and bona fide

If any such conveyance, &c. be made with a clause of revocation or alteration at his pleasure, by writing, and after he shall bargain, demise, sell, grant, convey, or charge the same lands, &c. for money, or other good considerati [...]n (the conveyance not revoked nor alter­ed) then such conveyance, &c. shall be voyd against the bargainees, &c. and all claiming under them, lawfull mortgages only excepted.

Rule 11. Praecog. Reg. 15. 17. E. 2. The Kings gift or grant of land, or a Mannor cum pertinentiis, [...]n­veyeth, not Knights fees, advowsons, or dowers, with­out expresse words.

Stat. 1. H 4. 6. In a petition to the King for lands, annuities, offices, &c. their value shall be therein ex­prest; otherwise, the letters Patents thereupon shall be void.

Stat 18. H. 6. 1. All Letters Patents, which bear not date the day of the delivery of the Kings-warrant into the Chancery, shall be void.

Stat. 34. 35. H. 8. 21. A confirmation of all estates con­tained [Page 6] by, or conveyed from the King within seven years after the fourth of February, in the 27 year of his raign, notwithstanding any mis-recitall, non-recitall, &c. with divers provisoes, &c. therein contained.

Stat. 1. E. 6. 8. Such another Statute for the con­firmation of all grants, made, and to be made by E. 6. from the 28 of January in the first year of his raign, and so during his life, with such provisoes, &c. as in the sayd Act of H. 8.

Stat. 4, 5 P.M. 1. Another like Statute for the con­firmation of grants made and to be made, to or by the Queen, or the King and Queen, from the first of July in the first year of her Reign, and so during her life, with provisoes, as in the former Acts.

Stat. 18. El. 2. Another like confirmation of al grants made to, for, or by the Queen, or to be made within seven years next after the end of this Session, with like provisoes, &c.

Stat. 43. El. 1. Another confirmation of grants made by Qu El. from the eight of February in the 25 yeare of her raign, untill the end of this Session and a year after.

Stat. 21. Jac. 25. The King, &c. shall not take advan­tage of Forfeitures against his Patentees, before Com­mission Processe, &c.

Stat. 21. Jac. 29. A confirmation of Leases of the Duchy lands in Cornwall.

Stat. 1. Car. 2. Such another for Leases thereof, to be made within three years.

CHAP. 3.

Rule 6. STat. 32. H. 8. 34. Grants of Reversions may enter upon Farmers for any Forfeiture (or condition) and have like advantages against them (by action onely, for any other Covenants, condition, or [Page 7] agreement eontained in the Indenture of their lease) as the Lessors, their heirs, or successors might: And the like for the Lessees against the grantees of rever­sions, Recovery in value only excepted.

CHAP. 4.

Rule 9. STat. 6. H. 8 15. If any make suit to the King for lands, offices, or other things, formerly granted to any person during the Kings pleasure (the first Patentee being still in life) the last grantee shall expresse in his Petition or pattent the former pattent, and the determination of the Kings pleasure concer­ning the same, otherwise the last grant shall be voyd.

Rule 15. Glocester 7. 6. E. 1. If a woman alien her dower in fee or for life, the heir or other person, to whom the Land ought to revert, shall recover against the Alience in her life time.

CHAP. 5.

Rule 5. MErton, 9: 20. H. 3. A child borne before Marriage is a bastard, albeit the com­mon order of the Church be otherwise.

Stat. 9. H. 6. 11. No writ shall be awarded to the ordinary to certifie Bastardy, before three Proclama­tions be made in Chancery in three moneths, viz once every moneth, that all persons, who have any thing to object against the party for bastardy, shall sue to the Ordinary for that purpose.

Rule 8. Merton, 5. 10. H. 3. Usury shall not run against any within age from the time of the death of his Ancestor, (whose heir he is) unto his lawfull age; yet the principal with usury due before the Ance­stors death shall be paid, notwithstanding this Act.

Rule 10. Stat. 32. H. 8. 33. The dying seised of a disseisor with force, and without title, taketh not away the entry of him and his heirs, who at the time of such discent had good title of Entry, unlesse the disseisor had peaceable possession by five years next after such disseisin.

Rule 14 Westm. 2. 1 13 E. 1. The will of the giver (according to the form in the deed of gift manifestly expressed) shall be from henceforth observed: so that they to whom the land was given under such condi­tion (viz. that if the donee or donees should die without is­sue, that then the land should revert to the donor) should have no power to alien the land so given, but that it shall rename to their issue after their death, or shall revert to the giver or his heirs, if issue fail; neither shall the second husband of any such woman, being do­nee in tail) from henceforth have any thing of the land so given upon condition, after the death of his wife, by the Law of England; neither shall the issue of such husband and wife succeed in the inheritance; but im­mediatly after the death of the husband and wife, to whom the land was given, it shall returne to their is­sue, or to the giver, or his heirs, as aforesaid.

A Fine levied of such lands shall be void in Law and the heir or reversioner (albeit they be for full age, in England, and out of prison) need not make their claim: Howbeit, this clause concerning a fine is al­tered by 32 H 8. 39. which see infra.

Stat. 34: & 35. H. 8 20. No common recovery [...] lands in tail, of the gift or other provision of the King or his progenitors (though it be with voucher against tenant in tail, the remainder or reversion being [...] the King at the time of the recovery) shall bind the heir in tail, or bar him of his entry: Tenant in us [...] shall take no advantage for any rccompence in valor agianst the vouchee or his heirs.

Rule 24. Mag. Cart. 7. 9. H. 3. The wife, after the death of her husband, shall abide in his chief messuage forty dayes, within which time her dower shall be as­signed her: If the chief messuage be a Castle, then she shall have a competent house provided her, til her dower be assigned.

Westm. 2. 34. 13. E. 1. A woman that leaveth her hus­band and abideth with an adulterer, shall not have Dower; unlesse the husband (voluntarily and without coertion of the Church) reconcile her and suffer her to dwell with him.

Stat. 11. H. 7. 20. If a woman that hath an estate in Dower for life, or in tail joyntly with her husband, or only to her self, or to her use in any lands, &c. of the inheritance or purchase of her husband, or given to the husband and wife by the husbands ancestors, or any seised to the use of the husband, or his ancestors, do sole (or which an after taken husband) discontinue or suffer a recovery by Covin, it shall be voyd, and he to whom the land ought to belong after the death of the said woman, may enter (as if the woman were dead) without discontinuance or recovery: Howbeit, the woman may enter after the Husbands death, but if the woman were sole, the recovery or discontinuance barreth her for ever.

This Act extends not to any recovery or disconti­nuance with the heir next inheritable to the woman, or by his consent of Record enrolled.

Stat. 27. H. 8. 10. Where an estate is made in posses­sion or use to Husband and wife and his heirs, or the heirs of their bodies, or of one of their bodies, or to them for their lives, or for the wives life for her Join­ture; In any of these cases she shall not have Dower: Howbeit upon a lawfull eviction of that Jointure she shall be endowed according to the rate of her husbands land, whereof she was dowable.

Such a Joynture being made after marriage, the wife (after the husbands death) may refuse it, and be­take her to her Dower, unlesse such Joyntute be made by Act of Parliament.

CHAP. 7.

Rule 7. STat. de districtione Scaccarii, 51. H. 3 [...] The owner of impounded cattel may give them food without disturbance.

A distresse taken for the Kings debt shall not be sold within 15 dayes, and upon shewing of a Tally, and giving security for his appearance in the Exche­quer upon the next accompt, the distresse shall cease [...] The Sherif shall also attach the party that received the debt, to be there likewise at the same time.

Neither draught cattel, nor sheep shall be distrained (except for Damage-feasant) so long as other goods may be found to satisfye the debt: Distresses shall be rea­sonable: The Sheriffe shall answer all debts received, and where the Sherif chargeth himself, the debt shal be quitted.

Marlebr. 15. 52. H. 3. It shall not be lawfull for any (except the King and his officers, having special au­thority) to take distresses out of his fee, or in the Kings high way, or in the common street.

Marlebr. 4. None shall drive a distresse out of the County, wherein it is taken, in pain to be fined, and to make recompence to the party grieved: none shal take an unreasonable distress, in pain of amerciament

Westm. 1. 16. 3. E. 1. None shall drive a distress out of the County, or distrain wrongfully upon the penal­ties provided by the Statute of Marlebr.

Westm 2. 36. 13. E. 1. None shall procure any to di­strain another to make him appear at the county court or any other inferiour court, on purpose to vex him [Page 11] and put him to charge and trouble, in pain to make fine to the King, and to pay the party grieved treble damages.

Westm. 2. 37. 13. E. 1. No distresse shall be taken but by Bailiffs known and sworn, in pain to restore damages to the party grieved, and to be grievously punished by the King.

Artic. Cler. 9. 9. E. 2. Distresses shall not be taken in the High-way, nor in the ancient fees of the Church.

Stat. 1, 2. P.M. 12. No distresse of Cattell shall be driven out of the hundred, rape, wapentake, or lath, where it is taken, except to a pound Overt within the same Shire, not above three miles distant from the place, where it is so taken: Neither shall a distresse be impounded in several places, whereby the owner may be constrained to sue several Replevins for the delive­ry thereof in pain to forfeit to the party grieved for e­very offence committed against the Act. 5 l. and treble damages.

None shall take above 4 d. for the poundage of one whole distresse (and where lesse is usually taken, to take lesse) in paine to forfeit it to the party grieved 5 l. and so much money, as is taken above 4 d.

Rule 24 Quia emptores terrarum, 18. E. 1. In all Feoffments to one and his heirs, the Feoffee shall hold his land, and the chief Lord of the fee by the same ser­vices that the Feoffer held before.

Here, if the Feoffment be made of parcel, he shall hold of the chief Lord pro particula, according to the quantity of the land, and the Feoffor shall be set free for that part.

Rule 27. Mag. Cart. 31. 9. H. 3. If a Baronie, &c. Escheat to the King, the tenants that hold of the same (not having other lands that hold of the King in cheif) shall pay like relief, and do like services to the King after such Escheat, as they payd or did to their former Lords, and not otherwise.

Stat. 1. E. 6 4. So also it is, when a Seigniorie com­eth to the King by attainder, conviction, outlawry, dissolution or surrender.

Stat 1. E. 3. Stat. 2. Cap 12. Lands holden of the King in chief, and aliened without licence shall not be for­feited, but a reasonable fine shall be taken (of such lands so aliened) by due processe in Chancery. A [...] cap. 13 lands holden of the King, as of some Honor sh [...] not be taken into the Kings hands, as if they were holden of the King in chief, as of his Crown.

Rule 31. Stat. 33. H. 8 22. A fee set down for res­piting of Homage in the Exchequer or other Courts

Rule 35. Marlebr. 9. 52. H. 3. None enfeoffed b [...] deed shall be distrained to do suit to his Lords Court unlesse he be bound to do it by the form of his deed or he or his ancestors have used to do it, before the Kings first voyage in Brittain, being about 39 years and an halfe before the making of this Statute.

The eldest Coparcener shall only do suit of Court and the other parceners shall be contributary: All one Jointenant or tenant in Common shall do the [...] and the rest shall contribute.

Rule 38. Westm. 35. Reasonable aid shall be 20 l. for a whole Knights fee, and as much for 20. l. land i [...] soccage; and so more or lesse, according to that rate.

It shall be levied at 15 years age of the son, and [...] years of the daughter; and if the Father levy it, and dye before the marriage of the daughter, the father executors shall be charged therewith, and if they have not assets, the heir shall be therewith charged.

Stat. 25 E. 3. Stat. 5. 11. Reasonable aid to make the Kings eldest son a Knight, and to marry his elde [...] daughter shall be levied of all lands holden of the King (without Mean) according to the rate in the for­mer Statute.

Rule 43. Marlbr. 17. 52. H. 3. Guardian in soccage [Page 13] shall make no waste, sale, or destruction of the heirs in­heritance, but safely keep the same to the use of the heir, and when he comes to age shall answer the issues thereof by a lawful accompt, saving his reasonabl costs: neither shall such Guardian sell the marriage of such heir, but to his advantage.

Rule 48. Magn. Cart 3 9. H. 3. The Lord shall take homage of the heir before he have the Wardship; and such heir, after he hath been in Ward, shall (at his full age of 21 yeares) have his inheritance without relief or fine; and if the heir within age be made a Knight, yet his land shall remain in ward, untill his full age afore­said.

Marlebr. 6. 52. H. 3. If one enfeoffe his heir within age to cause the Lord to lose his Wardship, and die yet the Lord shall have the Wardship.

So when a fraudulent feoffment is made by a tenant upon condition to revert (after certain yeares) to him and his heirs, if the feoffees pay not a certain sum to the value, or more then the value of the lands; In such case the Lord shall have a writ de Cuctodia reddenda: And if (being able to aver this matter) he recover, yet the feoffees shall have the land again, when the heir comes to age; Howbeit, the Lord not being able to a­ver it, shall render the feoffees their costs and dama­ges,

Stat. 32. H. 1. Two Jointenants or more holding of the King, and he that hath the fee dyeth, the King shal presently have the ward-ship and marriag of the body of his heir, if he be within age. Saving to every woman her dower of two parts of those lands, divided from the third part (as in that Statute is directed) and saving to the King during the wards minority, the reversion of such Jointenants, and tenants in dower.

Rule 50. Merton, 6. 20. H, 3. If any heir (14 yeares old, or above) marrie himself without licence of his [Page 14] Lord to defraud him of the marriage, and the Lord of him a convenient marraige without disparagement, th [...] Lord shall retain the land beyond the term of his fu [...] age, untill he may receive the double value of the ma [...] riage.

If a Lord marrie the heir within 14 yeares of age whereby he is disparaged, he shall lose the Wardship and the profits of the lands shal (by the Wards friends be converted to the Wards use.

Merton 7. 20. H. 3. If an heir will not marry at the request of the Lord, he shall pay to the lord as much as his marraige is worth; for (of right) the marraige of an heir within age pertaineth to the Lord.

West. 1. 22. 3. E. 1. The Lord may hold the land o [...] heirs female two yeares after their age of 14 within which two years if he marrie them not, they shall g [...] quit without giving any thing for the wardship or mar­riage, and If they will not except a convenient marri­age tendred by the Lord, he shall hold the land til their age of 21 yeares, and over, until he have taken the value of the marriage.

Stat 4. 5. P.M. 8. None shall take or convey, or care to be taken or conveyed away any maid or woman child unmarried, being within the age of 16 yeares, or of the custodie and against the will of the father or mother of such childe, or of the person, to whom the father of such child (by his last will, or other act in his life time) hath appointed the governance of such chil [...] (except such taking shall be (without fraud) by or fo [...] the Master or Mistris of such childe, or her Guardia [...] in Soccage or Chivalrie (in pain of two years impriso [...] ment with out Bail, or else to pay such fine, as shall be assessed by the Council in the Star-chamber.

None shall take away or deflower any such childe, o [...] against the will of her father, if he be living, or of he [...] mother (having the custody of her) if the Father b [...] [Page 15] dead, contract matrimony with any such Child, (ex­cept by the title of Wardship) in pain of five years im­prisonment, or to pay a fine to be assessed by the sayd Councill. The Fines are to be divided betwixt their Majesties and the prosecutor.

The said Council and Justices of Assize have pow­er to hear and determine these offences.

If any such child (above the age of 12. and under the age of 14) consent to any such contract of matrimony, the next of the kin to whom her inheritance should come, shall enjoy it during her life? but after her de­cease, it shall revert to the right inheritor, other then to him, that did so contract matrimony. This act shall not prejudice any custome in London, or any other Citty or town concerning Orphans.

CHAP.

Rule 6. MErton 4 20. H. 3. Lords of wastes, or commonable woods or pastures may approve against their Tenants part thereof, so as they leave sufficient Common besides together with free ingresse and regresse to enjoy the same.

West. 2 46 13 E. 1. Such a Lord may approve in like sort against his neighbours which have common appurtenance, and for a Windmil, Sheepcote, Dairy, enlar­ging of a Court or Courtilage none shall be grieved by Assize of novel disseisin.

If a ditch or hedge made for that purpose be thrown down, and the parties offending be not discovered by the Townes adjacent, they shall make it up again, and render damages.

Stat. 3. E. 6. 3. Upon Iudgment for the Plaintiff in an Assize upon any branch of the said Statutes of Mer­ton and Westm. 2. the Court shall award treble damages

This Statute shall not extend to houses built before the making thereof, not having above three acres laid to them, nor to a Garden, Orchard, or Pond, not ex­ceeding two acres.

Stat. 43. El. 11. All contract made betwixt Lords and Commoners of wasts, &c. subject to surrounding shall be good, save where the Queen, &c. hath an Interest. This Act shall not be prejudicial to Lords and Com­moners in any part of wasts, not assigned to Drainers, &c. nor to any Port or Haven.

CHAP. 9.

Rule 3 STat. 19 H. 7. 15. Upon a feoffment made to the use of a Villein, the Lord may enter into the land it self.

Rule 7. Stat. 9. R 2 2. In a suit by a Villein against his Lord, the Lord shall not be barred of their Vil­leins, because of their answer in Law.

Rule 11. E. 61. 6. 16. No office or deputation thereof, or of any part thereof, which concerneth the administration or execution of Justice, or the receit, controlement, or payment of the Kings money, or re­venue, or any accompt, Aulnage, Auditorship, or Sur­veying of the Kings Lands, or Customes, or Admini­stration, or Attendance in any Custome-house, or keeping of any of the Kings Towns, Castles, or For­tress (being places of strength or defence) or any Clerk­ship in a Court of Record, shall be bargained or sold, or any reward, or agreement of Reward taken for it, upon pain that the seller, &c. shall forfeit all his In­terest in such office or deputation, &c. and the buyer be a disabled person to enjoy the same. And all bonds, &c. to be void, as against him, by whom they are made. Howbeit, all Acts executed by any such person offending before he be removed from his Of­fice, &c. shall remain good.

This sttatute extendeth not to any Office of Inheri­tance, or to any parkership, or to any offices to be given by the Chief Justices of the Kings Bench or Common place, or by any Iustices of Assize.

CHAP. 10

Rule 2. STat. 27. H. 8 24. No subject shall have au­thority to pardon any felony, or any acces­sories to felony, or any outlawry for such offences. Nor to make any justices of Eyre, Assize, Peace, or Gaole-delivery: All originall Writs, Indictments of treason, felonie, tre passe, and processe upon the same shall be only in the Kings name, and the Teste in his name, that hath the Franchise.

Every Writ and Indictment, whereby any thing is supposed to be done against the peace, shall be sup­posed to be done against the Kings peace onely, and not against the peace of any subject the King shall have all fines, issues, amerciaments, and forfeitures lost by any Officers of Franchises for non-execution, or in­sufficient returnes of processe, or for any misdemea­nour concerning their office, with many provisoes in the same Statute.

CHAP. 11.

Rule 4 WEstm. 2. 23. 13. E. 1. Executors shall have a Writ of accompt, and the action and processe in the same writ, as their testator should, if he had lived.

Stat. 4. E. 3. 7. 1. Executors shal have an action for a trespass done to their testator, as of his goods and chat­tels carried away in his life, and recover their damages in like manner, as he, whose executors they are, might have done: if he had lived.

Stat. 32. H. 8. 1. He that hath lands, tenements, [...] hereditaments in soccage, and none holden by knight-service, or soccage in chief, may devise all by his wa [...] in writing, or give all by act executed in his life; [...] may he that hath land holden by soccage in cheif, an [...] other land holden of a common person by soccage, and none holden by Knight-service: saving to the King [...] primer seisin, relief, suing of the same out of the King [...] hands, fines for alienation, &c. and all other dutie [...] for the soccage in chief, as before hath been accu­stomed.

He that hath lands, &c. holden by Knight service (whether he have any other lands holden of the King or of any other person by Knight-service, or orherwise or not) may do the like for two parts in three to be di­vided in certainty, for the advancement of his wife or children, and payment of his debts: saving unto the King the wardship or primer seisin of the third part (without any charge, dower, &c.) and finds for aliena­tion.

He that hath lands, &c. holden by knight-service (whether of the king alone by knight-service, not in cheif, or of a common person, or som holden of the king, some of a common person) and other land in soccage, may devise by will, or give by act executed in his life, two parts of that holden by knight-service, and all the soccage: saving to the Lord of the land holden by knight-service the Wardship of a full third part thereof, without any charge, dower, &c.

Provided, that every one shall sue his liverie, and pay his relief and heriot, as if this Act had never been made.

Stat. 34. 35. H. 8 The former Statute shall be extend­ed to enable devises, and other Acts onely by Land in Fee-simple.

And if the partie, that maketh the will or other Act be seized in Coparcenerie, or in the common; it shal be good for so much, as in himselfe of right is.

The wardship, relief, primer seisin, &c. shall be of lands, that descend immediatly after the death of him that maketh the will or other act, as well in fee-tail as fee-simple; And the devise of two parts residue shall be good, though it be of all his fee-simples land: Such a will shall be good for two parts, (in case only where two may be devised) though it be made for the whole or more then two parts.

Such wils made by a feme-covert, infant under the age of 21 yeares Ideot, or one of non-sane memorie shall not be good, See also some other things there for the explanation of the former Act of 32 H. 8. 1.

Rule 10. Stat. 21. H 8. 4. that part of the executors, which take upon them the charge of a will, may sell the land devised by the Testator to be sold, albeit the other part which refuse, will not joyn with them.

Rule 11. Stat. 25. E. 3. Stat. 5 5. Executors of execu­tors shall have actions of debt, accompt, and goods carried away of the first Testators, and Execution of Statute-Merchants recognizances made unto him; And shall also answer for Assets, as the first executors should have done.

Rule 12. Westm. 2. 19. 13. E. 1. the Ordinarie shall satisfie debts, wherein the Intestate was bound, as exe­cutors should,

Stat. 31. E. 3 11. the Ordinaries shall depute next friends of the Intestate to administer his goods, who shall sue and be sued, and be accountable to the Ordi­naries, as executors should.

Stat. 21 H. 8. 5. Administration shall be committed to the widdow of the Intestate, or to the next of his blood, or to both, at the discretion of the Ordinary. The O [...] ­dinary [Page 20] not doing his duty herein forfeiteth ten pound

Stat.. 43. El. 8. If any obtain goods of an Intestate fraud (as by procuring administration to be granted a stranger of mean estate, or not to be found) and no [...] upon valuable consideration, &c. he shall be charge as executor in his own wrong as far as the goods debts extend.

Rule 20. Westm. 1. 4. 3. E. 1. Where a man, dog, cat, escape alive out of the Ship, it shall be no wreck but the things shall be prised by the Sheriff or Corone [...] and delivered to those of the Town, where they [...] found, to answer for them: So as if any within a ye [...] and a day prove, that the goods are his, they shall [...] restored to him.

CHAP. 13.

Rule 3. Stat. 32. H. 8 28. Leases made by tenant [...] tail, or by him, who is seised in the right of his wife or Church (they being of full age at the time of such a lease made) shal be good against the Lessors, their wives, heirs, and successors.

This Statute shal not extend to any lease to be made of lands in the hands of any Farmer by force of a [...] old lease, unlesse such an old lease expired within a yea [...] after the making of the new; nor to any grant to be made of any reversion of such lands, nor to any lease o [...] lands, which have been let to Farm 20 years before such lease made; nor to any lease made without impeach­ment for waste; nor for above 21 years, or three lives from the making thereof; and that upon every such lease there be reserved so much yearly rent, as hath bi [...] usually paid within 20 years before such lease made And the reversioner of such lands, &c. may (after the death of such lessor, o [...] his heirs) have such remedie [Page 21] against such lessee, his executors and assignes, as such lessor might have had against such lessee.

Provided, that all leases made by the husband of land, &c. (being the inheritance of the wife) shall be made by Indenture in the name of the husband and wife, and she to seal to the same, and the rent shall be reserved to the husband and wife, and the heires of the wife. And here, the husband shall not alien or discharge the rent, or any part thereof longer then during the co­verture, unlesse it be by fine leived by husband and wife.

No fine, feoffment, or other act, done by the husband only, of the inheritance or free-hold of the wife shall make any discontinuance, or prejudice the wife or any other, who is to enjoy the estate after her decease, fines leived by the husband and wife onely excepted.

Stat. 1. El. not printed. All estates made by any Arch-Bishop, or Bishop of any mannors, Lands, &c. parcel of their Bishoprick, other then to the Queen, &c. and other then for 21 years and three lives from the time of such estate made; and whereupon the accustomed year­ly rent or more shall be reserved▪ shall be void.

Stat. 13. El. 10. All leases, conveyances, and estates made by any master and Fellowes of a Colledge Dean and Chapter, Guardian of an hospital, Parson, Vicar, or other having any ecclesiastical living &c. other then for 21 years, or three lives from the making, and wher­upon the accustomed yearly rent or more is reserved, shall be void.

Stat. 14. El. 11. The branch of the Statute of 13. El. 10. made to avoid certain Leases, shall not extend to houses scituate in Corporations, or Market-townes, or the Suburbs thereof, nor to the grounds of such houses, so as they be not the dwelling houses of the persons there restrained, nor have 10 acres of ground belonging [Page 22] to them. Provided, that no leases in reversion shal be made of such houses, nor without reserving the accusto­med yearly rent at least nor without charging the less [...] with reparations, nor for a longer term then 40 years Neither shall any such houses be aliened without pur­chasing presently after other lands in Fee-simple of good value.

Stat. 18. El. 11. All leases made by such persons, are mentioned in 13. El. 10. where another lease is being, not to be expired, surrendred, or ended with three yeares next after the making of such new lease shall be void: And all Bonds & Covenants for rent­ing of any such lease contrary to this Act, or to th [...] said Stat. of 13 El. 10. shall also be void.

Rule 21. Westm. 2. 5. 13. E. 1. Usurpation of Church­es during wardship, particular estates, Coverture [...] Vacanci, shall not bar the heir at full age, the reverse­ner or remainder in possession, the feme-discovert [...] the spiritual person in succesion, from having their wri [...] of Advowson possessory, viz a quare impedit, or an as­size of Darrein presentment, as their ancestor, or pre­decestor might have had, usurpation had happen­ed in their time; whereas before this Act they were ( [...] such cases) put to their writ of right of Advowson.

One and the same form of pleading, shall be used [...] Darrein presentment, and Quare impedit, viz. if the defendant alledged plenartie of his own presenati [...] the plea shall not stay by reason of the plenartie, so [...] the writ be purchased within the six moneths; albeit [...] cannot recover within that time.

Where partition is made upon record, or by fine [...] present by turn, the Coparcener, that is disturbed sha [...] not be put to a Quare impedit, but may have remed [...] upon the Roll or fine by Scire facias: And among [...] Coparceners, if one present twice together, yet sha [...] [Page 1] not the other barred, but have his other turn when it falleth.

CHAP. 14.

Rule 4. Westm. 2. 34. 13. E. 1. If a man ravished woman married, maid, or other, albeit she did consent after, he shall have judgment of life and member, and here the King shall have the suit.

Stat.. 6. R. 2. 6. Both the ravisher and ravished (where she consents after the fact) are disabled to have or cha­lenge any inheritance, dower, or loint-estate after the death of their husband or ancestor.

In an appeal of Rape, the Husband, father, or next of the blood shall have the suit, and the Defendant shal not be received to wage Battail.

CHAP. 15.

Rule 2. WEstm. 1. 33. 3. E. 1. he that publisheth a­ny false news or tales, whereby discord or occasion of discord & slander may grow betwen the King & his people, or the Nobles, shall be kept in pri­son, untill he hath brought him forth into the Court, that did speak the same.

Stat. 12. R. 2. 11. The like for him that telleth false lies of nobles and great offices, whereby discord may arise between the Lords and Commons.

Stat. 12. R. 2. 11. in the case of these former Statutes if the party cannot bring forth him, that speak the same, he shall be punished by the aduise of the Council.

CHAP. 19

Rule 4. 31. E. 3. Stat. 1. 2. If any man or Town, char­ged [Page 24] with the goods of fugitives or felons will (in dis­charge of himself) alledge another, that is chargeable therewith, he or they shall be heard, and right shall be done him.

Stat. 1. R. 3. 3. None shall seize the goods of any ar­rested for suspition of felonie before he be convict or at­taint thereof, or the same goods be otherwise lawfully forfeited, in pain to forfeit to the party grieved double the value of the goods so taken to be recovered by acti­on of debt, &c.

Rule 6. 1. E. 6. 12. The wife shall be endowed, albe­it her husband were attainted, convicted, or outlawed for treason or felonie, saving the right of others. But note, that this is altered for treason, by 5. E. 6. 12.

Rule 13. Magn. Cart: 22, 9. H. 3. The King shall have the land by a year and a day, and then render it to the Lord of the fee,

Praerog. Reg. 16. 17. E. 2. The King shall have the profits by a year and a day, and also the wasting of the tenements by pulling down houses, cutting down woods, digging up meadowes, &c.

Rule 18 Stat. 21. H. 8. 7. (made perpetual by 5, El. 10.) the servant that hath any goods or chattels deli­vered unto him to keep by his master, and (with an in­tent to steal) doth either go away therewith, or (being in service) imbeziles or converts the same to his own use, shall be judged a thief, if the value of the goods amount to 40 s. Howbeit, this extendeth not to appren­tices or persons within eight years of age.

Rule 21. Stat. 21. H. 8. 11. where a felon robbeth or ta­keth the money or goods of any, and is thereof found guilty, or otherwise attainted upon evidence given by the party himselfe, or others by his procurment; in tha [...] case, the justices of G. D. or other justices, before whom he is so found guilty or attainted, have power to award [Page 25] a writ of restitution for the mony or goods so robbed or taken, in like manner, as if the felon were attainted at the suit of the partie in an appeal.

Rule 23. Stat. de Malefact. in parcis, 21. E. 1. It is no felony for Foresters, &c. to kill misdoers, &c. If they will not submit themselves.

Rule 25. Glocester 9. 6. E. 1. He that killeth a man by misadventure, or se defendendo, must put himselfe up­on the Country; and if he be found to have done it so, the King (if he please) may pardon him.

Marlbr. 25. 52. H. 3. To kill a man by misadventure shall be no murder.

CHAP. 21.

Rule 3. STat. de proditionibus 25. E. 3 Stat. 5. s. It is high treason to kill the Chancellor, Treasu­rer, &c. as in the second Rule of this Chapter. Also to counterfeit currant money: To bring false money into this Realm counterfeit according to the money of En­gland (knowing the same false) to merchandize or make payment with it. To counterfeit the great Seal or privy seal.

Stat.. 1. Mar. Sess. 1. 6 Seal-manuel, privie signet, or privy seal, strange coine currant in this Realm.

Stat. 1. 2. P.M. 11. To bring wittingly false forein coine hether, to the intent to utter it within the Realm

Stat. 5. El. 11. To clip, wash, round, or file any money of this Realm, or currant here: Howbeit, this causeth forfeiture of land for life onely; but no losse of Dower or blood corrupted.

Satt. 18, El. 1. To impair, diminish falsifie, seal, or lighten any money by any art, wayes, or means what­soever.

Stat. 1. El. 1. &. 6. Stat. 13. El. 1. Treason, to ad­vance the Popes authority, &c.

Stat. 33. H. 8, 20. Attainder of high treason by [...] course of the common Law, or Statutes of this Rea [...] shall be of as great force, as an attainder by Parlame [...] And the King shall have the real possession of eve [...] thing forfeited without inquisition or office: saving strangers, &c.

Stat. 29. El. 1. No record of attainder of treason sha [...] be reversed, where the partie attainted is executed [...] the same offence.

Stat. 20. H. 10. and 5. 6. E. 6.. 11. Any offence ( [...] treason hertofore) committed out of the limits of [...] Realm, shall be inquired here by commission, and [...] proces used, as if it he had been don within the Real [...] One Resiant out of the limits of the Realm may [...] outlawed for high Treason: An estate Tail shall be for­feit for high Treason.

CAAP. 22.

Rule 2. 36 E. 3. 15. All pleas which be pleaded in [...] ny of the Kings Courts &c. or in the Courts of other Lords shall be pleaded, shewed, and defended, answer­ed, debated, and judged in the english tongue and en­tred and enrolled in Latine.

Rule 7 14. E. 3. 6. No processe shall be annulled [...] discontinued by the Clerks mistaking in writing o [...] silable or letter too little or too much, but shall be speedily amended without any advantage to the o­ther.

Stat. 9 H. 5. 4. The justices before whom such pleas o [...] records be made, or shall be depending, may make such amendment as well after judgment, as before so long as such record or processe shall continue before them▪ Stat 4. H 6. 3. The Statute of 9. H. 5. 4. is made perpe­tuall: provided it shall not extend to records or pro­cesses [Page 27] in Wales, or whereby any person is outlawed.

Stat. 8. H. 6. 12. No judgment or record shall be re­versed or annulled for error assigned by reason of the raising or interlining of any record, processe, warrant writ, pannel, or return, or any addition, subtraction, or diminution of words, letters, titles, or parcel of let­ [...]rs found in the same.

The Judges may reform all defects in any reeord, pro­cesse, word, plea, warrant, writ, pannel, or return (ex­cept appeals, indictments of treason, or felonie, and- the outlawries of the same, and the substance of the proper names, sirnames, and addition, left out in origi­nal writs, exigents, and in other writs of Proclamation, contrary to the statute of 1 H. 5. 5.) so as by such mis­prision of the Clerk no Judgment shall be reversed or annulled. Variance alledged betwen a Record and the Certificat thereof shall be amended by the Judges.

Stat. 8 H. 6. 15. The Justices may amend the mispri­sions and defaults of Clerks of the Court, or of She­riffes and their Clerkes, and of all other Officers what­soever, found before them in any record or processe, or the return of the same, by reason of writing one letter or syllable too much or too little except in records and processes within Wales, and of felonies and treasons, and the dependances of the same.

Stat. 27. El 5 After demurrer joyned and entred, the same Court amended all imperfections, defects, and wants of forme, other then those onely, which the party demurring shall particularly expresse in his demurrer. Howbeit, his Act shall not extend to the proceedings in an appeal of fellony or murder, or upon an Indictment presentment, or penal Statute.

Rule 8. westm. 2. 39. 13. E. 1. Damages given against the Sheriff, if he return not at all, or return a tarde, up­on writs delivered, or offered to be delivered him by [Page 28] bill: so upon returning a Mandavi Balivo libertatis fals­ly: Upon any resistance of any great man to execute the Kings precepts, the Sheriffe shall take the Posse [...] ­mitatus, and see it served: See 2 E 3. 5.

The Stat. of York 5. 12, E, 2. Bailiffes of Franchises ma [...] deliver their returnes of writs to the Sheriffs by Inde [...] ­ture, and if he change the return, the Lord of the [...] berty, and the party shall recover double damag [...] Sheriffs and Bailiffs shall set their proper names to [...] returnes.

Stat. 27. El. 12 Every Under-Sheriff, Bailiff of Fr [...] chise, Deputy, Clerk of the Sheriffe, &c. must take [...] oath of Supremacie, and another oath for the true sp [...] ­dy and indifferent returning of writs, and impanelli [...] of Jurors, without taking above the fees allowed.

Stat. 29. El 4. No Sheriffs, Under-Sheriffe, Baliffe [...] a libertie, or any of their Deputies shall either direct­ly or indirectly take more for serving an extent or exe­cution, then after the rate of 12 d. for every pound un­der 100 l. and 6 d. for every pound above 100 l. of what they shall so levie, in pain to forfeit treble damages [...] the party grieved, and besides 40 l. to be divided betwixt the Queen and the prosecutor.

Rule 11. Stat. 1. E 34. Stat. 1. Averment given in a writ of false judgment against the record certified▪

Rule 26. trinity Term shal begin the monday after Trinity Sunday for keeping of Essoines, proffers, re­turnes, &c. the full term shall begin the Friday after Corpus Christi day, and have four returnes onely, Crassi­no Trin. Octabis Trin. Quindena Trin. and Tres Trin. the rest are cut off: also by a late Act the two first Returnes of Michaelmas Term are abridged.

Rule 37. 18. H. 6. 1. The Kings Letters Patents must bear date the day of the delivery of the warrant to the Chancellor, and not before, otherwise they are void.

Stat. 3. 4. E. 6. 4 Every one that hath any Intrest in any land or office by or under authority of the Kings Letters Patents (made after the fourth of February 27. H. 8.) may make his title, plea, avorwie, &c. as well a­gainst the King as any other by an exemplification (or [...]stat) under the great Seal.

Stat 13. El. 6. So likewise of the Patentees of H. 2. [...] Qu M.P. &. M. and Qu. Eliz. and all claiming under them.

Rule 49. Stat. 14. E. 3. 8. Escheators shall not conti­nu [...] in their office above a year.

Rule 51. Mag. Cart. 35. The Sheriffe shall make his turn throughout the Hundred but twice a year viz. once after Easter, and once after Michaelmas. And the view of Frank pledge shall also be made at the turn of Michaelmas.

Stat. 31. E. 3. Stat. 1. 15. Every Sheriffe shall hold his turn yearly, one time within the month after Easter, and another time within the month after Michaelmas, in pain to lose his turn for the time.

Stat. 1. E. 3, Stat. 1. 17. Indictments in Sheriffs turns must be by rolls indented, one part thereof to remain, with the Endictors, the other with the Sheriff.

Stat. 1. E. 4. 2. upon Indictments and presentments ta­ken before Sheriffs, or their Ministers at their turns or Law-dayes, they shall not attach, arrest, or imprison, nor levie any fine or amerciament of any person so in­dicted (or presented) but deliver the same Indictments or presentments to the Justice of peace of the same County, at their next Sessions who shall proceed here­upon, as if they were taken before them.

Stat. 1. R. 3. 4. None shal be returned upon a pannel of inquirie for the Sheriffs Turn, but men of good name and fame, having within the same County Free-hold land to the yearly value of 20 s. or Copihold land [Page 30] to the yearly value of 26 s. 8 d. and every Indictmen [...] ortherwise taken shall be void.

Rule 55. Westm. 1. 10. 3. E. 1. Coroners shall be cho­sen in all counties of the most wise & discreet Knigh [...] Sheriffes shal have Counterparts with the Coroners all things, which concern their office: they shall [...] nothing of any man to do their office, in pain of gre [...] forfeiture to the King.

Stat. 14. E. 3. Stat. 1. 8. A coroner shal have sufficie [...] in the County, whereof to answer all people.

Stat. 28. E. 3. 6. Coroners shall be chosen in the [...] Counties of the most convenient and lawfull men [...] ­ving unto the King and other Lords (that may [...] Coroners) their Franchises.

Stat. 1. H. 8. 7. where one is slain by misadventure, [...] Coroner shall execute his office without fee, in pain [...] 40 s. Justices of Assize and Peace have power to re­quire of and punish the defaults and extortions of Co­roners.

Rule 57. Artic. super Cart. 3. 28. E. 1. They shall be­hold plea of any contracts or covenants, but such as [...] of the Kings house maketh with another of the [...] house: Nor of any trespasse, unlesse the party were [...] ­tached, and the plea determined before the Kings [...] ­parture from the place, where the trespasse was com­mitted, Any thing attempted here against is void▪ Pleas of felonie (that cannot be determined before the Steward, because the felons cannot be attached, or [...] other like cause) shall be refered to the Common Law.

Stat. 5 E. 3. 2. & 10. E. 3. Stat 2. 2. Inquests shal be ta­ken by the men of the country about, [...] by none of the Kings house, except it be in Covenants, contrasts & trespasses, when either party is of the Kings house.

Stat. 13. R. 2. Stat. 1. 3. the jurisdiction of the Stew­ard [Page 31] and Marshall of the Kings house shall extend no further then twelve miles from the Kings Lodging.

Stat. 15. H. 6. 1. The defendants may averre, that themselves and the Plaintiffe (at the time of the Suit commenced) were not of the Kings house against the Record.

Stat. 33. H. 8. 12. The Lord Steward of the Kings house alone, or (in his absence) the Treasurer and con­troller of the kings house with the Steward of the marshalsie or two of them (whereof the Steward of the Marshallsie to be one) may without Commission hear and determine all Treasons, Murders, Man slaughters and blood-shed, within the kings house, although the king be removed before: the inquiring and verdict must be by the Kings houshold servants in the Check-roll: No Clergie or Sanctuary is given to any, found guilty before them.

Rule 60. 17. E. 4. 2. made perpetuall 1 R- 2. 6. No Plea shall be holden in Court of Pipowders, unlesse the Plaintiffe or his Attorney swear, that the matter of the declaration was done in the time of the same fair, and within the Jurisdiction thereof, but that oath shall be-no conclusion to the defendant, but that he may plead as he might before: Every Steward holding plea other­wise, forfiteth 5 l.

CHAP. 23.

Rule 2. Glocester 8. 6. E. 1. Attorneys may be made in all pleas, where appeales lie not.

Merton 10. 20. H. 3. In suits at the County Court, Hundred, Weapontake, or Lords court.

Westm. 2. 10. 13. E. 1. An Attorney may be made in all Counties, where justices do journey▪ and Stat. 3. H. 7. 1. An appeal of death may be pursued by Attorney. [Page 32] Westm. 1. 25. 3. E. 1. Westm. 2. 49. 13. E. 1. and Artic. supp. Cart 11. 28. E. 1. there shall be no maintenance in such.

Stat. 32. A. 8. 9. None shall buy, sell, or get or take promise, or grant to have any pretenced rights or [...] to lands, except the seller, or those, by whom he claim­eth were in possession, or tooke the profits, by the span of a year next before upon pain that the seller, &c. shall forfeit the value of the land, and likewise the buy­er, knowing the same, provided, he that is in lawfull possession by taking the yearly profits, may buy, &c. a­nothers pretenced right, &c.

Rule. 7. Stat. 6. R. 2. 2. Debt, accompt, and all such actions shall be brought in the County where the con­tract, &c. was made.

Rule 16. Stat. 1. E. 6. 7. The Acceptance of a new name of dignity shall not abate the writ.

CHAP. 24.

Rule 6. MErton 8. 20. H. 3. Seisin of ones Ance­stor in a writ of right shall be from the time of H 2.

In a Mortdancester, writ of Nief, and of entry, from the last return of King John out of Ireland.

In an Assize of novel disseisin, from Henry 3. his first passage into Gasciogne.

West. 1. 38. 3. E 1. Seisin of ones ancestor in a writ of right shall be from the time of Richard the first.

In an Assize of novel disseisin, and Nuper obiit, from H. 3. his first passage into Gascoigne.

In a Mortdancester Cosinage, Aywel, entry and writ of Niefe, from H. 3. his Coronation.

Stat. 32. H. 8. 2. Seisin in a writ of right, shall be within 60 yeares.

In a Mortdancester, or any other possessory action (upon the possession of his ancestor or predecessor) shall be within 50 yeares.

A writ of the possession of the Plaintiff himselfe shall be within 30 years.

An avowry or cognizance, for rent, suit, or services of the seisin of his Ancestor, or of his own, shall be within 40 years.

Formedons in reverter or remainder, and Scire fa­cias upon fines shall be sued within 50 years, after the title or cause of action accrued

Stat. 1 M. 1. Parl. 2. sess. 5. The statute of 32 H. 8. 2. shall not extend to a writ of right of advowson, Qua­re impedit, Assize of Darrein presentment, Jure patro­nasus, writ of right of ward, writ of ravishment of ward nor to the seiser of the wards body or Estate: but the time of the seisin to be alleadged in such cases shall be as it was in the Common Law, before the making of the sayd statute.

Stat. 21. Jac. 2. The time of prescription for lands concealed from the King is sixty years before the ma­king of that statute

Stat. 1. Jac, 16. In writs of Formedon in descender, remainder and reverter, and right of entry, the time is 20 years after accruer, and imperfections removed.

Rule 6. Stat. 25 E. 3 stat 5. 16. Non-tenure shall not abate the writ, but only for the quantity.

Stat. 37. E. 3. 17. No writ shall be abated by acknow­ledgment of villeinage, if the demandant or Plaintiffe will averr, that he that alleadgeth the exception was freed the day of the Writ purchased.

CHAP. 26.

Rule 4. WEstm. 2. 2 13 E. 1. A Gui in vita given to the wife after her husbands death, upon his loosing of the land by default, and the Te­nant that recovered against the husband must main­tain his own right.

CHAP. 27.

Rule 4. WEstm, 2 20. In a Writ of Cosinage Ayel, and Besayel, the point shall be inquired, whether the demandant be next heir, as well as in a Mortdancestor.

Rule 10. Westm. 2. 1. 13. E. 1. A formedon in De­scender is also given by this Statute to the heir in tail upon a descent from his Ancestor dying seised of the estate tail.

Rule 12. Merton 1 20 H. 3. A woman deforced of her dower or Quarentine, shall (in a writ of Dower) re­cover damages, viz. the value of her Dower from her husbands death to the day of the recovery of her Dower, and the deforceor shall be amercied.

Westm. 1. 48. 3. E. 1. A writ of Dower unde nihil ha­bet shal not abate, though she have received part of her Dower before the writ purchased, unlesse it were of the same party, against whom the writ was brought, and in the same Town.

Westm 2. 4. 13. E. 1. In place of a writ of right a Quod ei deforceat is given to tenant in Dower for life, by the coutresie, in Frank-marriage, and in tail, upon losing by default.

CHAP. 28.

Rule 2. Marlebr. 7 52. H. 3. In a writ de communi Custodia, if the deforceor come not at the grand distresse, the writ shall be renewed as often as may be within half a year, and every time read and claimed in the county-court; and if he come not in to answer, nor the Sheriffe finde him within that halfe yeare, he shall lose the Ward saving [Page 35] his action another time, if he have right.

Westm. 2. 35. 13. E. 1. In a writ of ward of land or heir, or both, either of the parties dying before the plea determined, a re-summons shall be; And in the grand distresse day must be given, that three County dayes may be held before the returne, in every of which Proclamation shall be made, whereupon if the defendant appear not, judgement shall be given for the plaintiff: saving the right of the defendant, if afterwards he will claim it: So shall it be done also in a writ of ejectment of ward.

Rule 6. Westm. 2. 2. 13. E. 1. If the tenant disclaim in the County-Court, or other Court not of Record the Lord may remove the plea before the Justices to cause it to be of Record; so as he may have a writ of right sur dlsclaimer.

Glocester 4. 6. E. 1. & Explanat. 4 When land is given in Fee farme, rendering or doing so much as amount­eth to the fourth part of the value of the land, if he (whose land is charged) let it lye fresh by two years, so as no distresse can be found in it, nor render or do that which is contained in the writing, the other shall re­cover the land by a Cessavit; but the tenant coming before, judgment if he render the arrerages and dama­ges and finde sufficient to do from thenceforth that which is contained in the writing, shal retain his land. Westm. 2. 21. 13. E. 1. If a man detain from his Lord his service due, by two years, the Lord shall recover the land by a Cessavit: This lyeth also for the Lords heir, against the tenant, his heirs and Alience.

Westm. 2 41. If religious houses, that have land gi­ven; &c. withdraw the Almes, &c. by two years, the donor shall have the like action.

CHAP. 29.

Rule 7. MArlbr. 9. 52. H. 3. The processe in a Sella ad molendinum is attachment, venire facias, and the grand distresse: see also there the order of proceeding in that action.

Rule 9. Stat. 25. E. 3 Stat. 3. 3 tht Kings Collation to a benefice (being found before Judgment to be un­true) shall be repealed.

Marlbr. 12. 52. H. the processe in a Quare impedit shall be Summons, Attachment, and Grand distresse.

Westm. 5. 13. E. 1. A Coparcener being disturbed (af­ter Partition) shall have a Scire facias, and shall not be put to a Quare impedit.

If tenant in Dower, or by the courtesie have present­ed, the reversioner being disturbed shall have a Quare impedit, or Darrein presentment at his pleasure.

Rule 15. Westm. 2. 9. The Mesne not coming in to acquit the tenant loseth the service, and the tenant shal have like remedy against the lord for exaction, as the Mesne might have had: And there see the processe and proceeding to be used against the Mesne.

Rule 21. Stat. de finibus 18. E. 1. Stat. 4. After the writ original is delivered in the presence of the parties before the Justices, the Pleader shall say, Sir Justice Conge d'accorder, then the Justice shall say what saith Sir R; And when the Kings fine is agreed for; and the peace cried, the Pleader shall declare the substance of the fine: the parties ought to be of full age, of s [...] memorie, and out of prison: A feme-covert must be exa­mined before four Justices, and without her consent the fine cannot be leived.

Stat. de finibus levatis, It shall be no good exception that before and at the time of the fine leived the de­mandant [Page 37] or his ancestors were seised of the land con­tained in the fine, or of some part thereof: Fines shall be openly read at two certain dayes in the week by the discretion of the Justices, and in the meane time all pleas shall cease.

Sta. 5. H. 4. 13: Every writ of Covenant, All other whereupon Fines are levyed, the dedimus potestatem, and all knowledges of the same, before they be drawn out of the Common Bench by the Chirographer, shall be inrolled in a Roll to be of Record for ever, out of which execution shall be had, if the Notes and Fines be imbeziled.

Stat. 23 El. 3. Every writ of Covenant, or other writ, whereupon any fine is levyed, the Return there­of, the Concord, Note, and Foot of the Fine, the Proclamations, and the Queens silver, also every writ of Entry in the post, and other writ, whereupon any common recovery is suffered, writs of Summons ad Warrantizandum, and the returne of all these writs, and every warrant of Attorney, may at any mans re­quest be inrolled, which Inrollment shall be of as great force to all purposes in law, as the things themselves, if they were extant: No Fine, Procla­mation, or common Recovery shall be reversed by writ of Errour, by reason of false Latine, Razure; In­terlining, mis-entring of the warrant of Attorney, or of any Proclamation, or by reason of any other defect of form in words, and not in matter of substance.

Rule 22. Stat. 34. E. 3. 16. The plea of non claim of Fines shall be no barr hereafter.

Stat. 4. H. 7. 24. Every fine after the ingrossing shall be proclaimed in the Court the same Term, and the three next, four severall dayes in every Term, all pleas ceasing the whilest: The Proclamations being so made, The fine shall conclude all privies & strangers, except [Page 83] women Covert, persons within 21 years of age, in pri­son, out of the Realm, or of non-sane memory (being no parties to the Fine) so as they or their heirs take their action or lawfull entry within five yeares after those imperfections removed: saving to all persons and their heirs (other then parties) the right, claim, and interest, which they have at the time of the fine so as they pursue it by action or lawfull entry within five years next after the Proclamations; And saving to all other persons such right, title, claim and interest, as first shall grow, remain, or come to them after the Pro­clamations by force of any matter before the fine, so as they take their right according to the Law within five years, next after it so growes, &c. And those, that be Covert-baron, &c. at the time when it groweth, that they or their heirs take their action or lawfull enuy within five years after those imperfections removed: saving also to all (not parties or privies) the exception, that none of the parties, or any to their use, had a­ny thing in the lands at the time of the fine.

Stat. 1. M. Parl. 1. 7. All Fines whereupon Procla­mations be not or shall not be duly made (by reason of the adjournment of any term by writ) shall be as good as if any term had been holden from the begin­ning to the end, and proclamations therein made ac­cording to the Statute.

Stat. 32. El. 2. Proclamations of Fines shall be only four times, viz. once in the term, wherein the Fine is ingrosed, and once in every of the three termes next after.

CAAP. 30.

Rule 2. MAg. Cart. 12, 9. H. 3. Assises of Mortdan­cester and novel-disseisin shall not be taken but in their proper County by [Page 39] the Justices of Assize, and if they cannot be determin­ed there, they shall be determined by the same Justice in their Journey: Also difficult matters shall be refer­red to the Justices of the bench to be there determined

westm. 1. 24 3. E. 1. An Assize given against an Es­cheator, Sherif, or other Bailiffe of the King, that sei­seth any lands by colour of his office, without special-warrant; and double damages to be recovered by the [...]est [...]e partie greieved.

Westm. 2. 25. 13. E. 1. An Assize of novel disseisin shall lie for estovers of wood, profit to be taken in woods, a Corody, delivery of Corn, and other victuals and ne­cessaries to be received yearly in a certain place, toll tronage, passage, Pontage, Pawnage, and the like to be taken in places certain, the keeping of Parks, Woods, Forests, Chases, Warrens, Gates, and other Bayliwicks, and Offices in fee; And in all these cases the writ shall be, de libero tenemento: All an Assise is given for common of turbarie, fishing and such like Commons appendant to a freehold, or without a free­hold by special deed (at least) for term of life.

If any holding for years or in ward alien in fee, reme­die shall be had by an Assize, and both the feoffors and feoffees shal be had for disseisors, so that during the life of any of them the said writ shall hold place; but if they die the remedie shall be by writ of entry.

the giving of this writ in new cases shal not diminish the force thereof in those, wherein it had force before; and remedie also shall be had thereby, in case where on feedeth in the sevrall of another.

In this suit, if the defendant fail to make good the exception, which he pleads, he shall be adjudged a dis­seisor without taking the Assize, and shall give to the Plaintiffe double damages both inquired, and to be in­quired; and besides shall suffer a years Imprisonment

If such an exception shall be alledged by a Bailiffe the taking of the Assize shall not thereby delayed nor yet the judgement upon the restitution of the land and damages: Howbeit, if the Master of such Bailiffe afterwards offer to prove to the Court by matter of Record, that there was just exception, whereby the Plaintif might have been barred, he shall have a ve­nire facias, to produce such record; And then, if the Justices see cause, the plaintif shall be warned to ap­peare at a certain day, and the defendant shall then have again his seisin and damages, and the plaintif shall be punished by Imprisonment at the discretion of the Iustices: In like manner also shall the Iustices proceed, in case the defendants proof is by deeds and releases; for if the plaintif purchased the Assize con­trary to his own deed, he shall be punisht, as aforesaid.

Stat. 7. R. 1. 10. An Assize of novel disseisin for [...] issuing out of Lands in divers Counties shall be take [...] in confinio comitatus, as is used for Common of Pas [...] in one County, appendant to tenements in another.

Stat. 1. H 4. 8. A speciall Assize is maintainable by the disseisee for such lands, as are granted by the King patent, without title first found by inquest for th [...] King, without suit to be made to the King in that behalfe; And if the pattentee pray in Aide of the King a procedendo shall also be granted without suit. Here [...] the Assize passe for the disseises, he shall recover [...] damages against the patentee.

Stat. H. 4. 8. If any make forcible entry into land by way of maintenance, the Chancellor of England shall grant a special Assize without suing to the King and if the disseisor shall be attainted thereof, he sha [...] suffer one whole yeares imprisonment, and restor [...] double damages to the party grieved.

Stat. 21. H. 8. 3. The plaintif in Assize may abridg [...] [Page 41] his plaint of any part, whereunto a bar is pleaded without prejudice to the residue.

Merton 3. 20. H. 3. A man disseised recovering his seisin by Assize of novel disseisin, or confession of the party, and having the same delivered him by the She­rif, if he be again disseised of the same tenements by the same disseisor, he shall have a writ of redisseisin to command the Sherif (taking with him the Keeper of the pleas of the Crown, and other Knights) in pro­per person to go to the land, &c. and by the first Iu­rors or other lawfull men to make inquiry: Howbeit, this must not be without speciall commandment of the King: The redisseisor shall be imprisoned.

Marlbr. 8 52. H. 3 And not delivered without special command of the King, and payment of a Fine.

Westm. 2. 8. 13. E. 1. Writs of redisseisin must be inrolled in the Chancery, and transcripts thereof shall be sent into the Exchequer.

Westm. 2. 26. A writ of Redisseisin shall lie for them-that have recovered by default, reddition, or other­wise, without recognition of assizes or Iuries: The redisseisor shall answer double damages, and not be re­previsable by common writ.

Rule 8. Westm. 2. 24. 13. E. 1. Giveth an assize of nusance against him, to whom the tenement is aliena­ted after the nusance is made.

Stat. 6. R. 2. 3. The Plaintif, if he will, may have a writ of nusance in the nature of an Assise, determina­ble before the Iustices, or before the Iustices of Assize.

Rule 9. Magn. Cart. 12. Vide suprae, Rule 2.

Marlb. 16. 52. H. 3. If the Lord will not render unto the heir the land (when he comes to age) without plea, the heir shall recover his land by an Assize of Mort­dancestor, together with all his damages.

West. 2. 4. 13, E. 1. If a woman haveing no right, reco­ver [Page 42] Dower against a Guardian, the heir at full age shall have a Mortdancester aginst her.

Glocester 3. The heir shall have an Assize of Mort­dancester, if the tenant by eouttesie alien, and leas [...] no Assets.

Glocester 6. All the heirs, whereof one is Son o [...] Daughter, Brother, or Sister, Nephew or Niece, and the other in a further degree, shall joyne in a Mortdancester.

Rule 10. Mag. Cart. 13. An Assize of Darrein pre­sentment shall be alwayes taken before the Iustice of the Common place.

Rule 1 [...]. Westm. 2 24 13. E. 1. A writ of Juris utr [...] shall be granted, to try whether free almes belong to one Church or another, in case where they are trans­ferred from one Church to another.

Rule 13. Stat. 31. H. 8 1. Iointenants and tenants in Common of an estate of Inheritance in their owne right or in the right of their wives in any Mannors, Land, &c. may be compelled to make partition by writ de partitione facienda, as Coparceners are compellable to do, and afterwards shall have aid to deraigne the Warranty paramount, and to recover pro rata, as Co­parceners (after partition) should.

Stat 32. H 8. 32. Iointenants and tenants in com­mon, that hold for life or years amongst themselves, [...] with others, that have Inheritance or freehold in any Mannors, lands, &c, shall also be compelled to make partition by the said writ to be pursued upon their case Howbeit, such partition shall not be prejudicial to any but the parties, to such partition their executors and assignes.

CHAP. 31.

Rule 3. STat. 9. E. 3. Stat. 1. 3. In a writ of debt brought against divers executors, they shall have but one Essoine before appearance, and another after appearance, he or they that do first appeare in the Court at the grand distresse, shall answer to the Plaintiffe, and the plaintif (if it passe for him) shall have judgment and execution of the goods of the Te­stator against all named in the writ, as well as if they had all pleaded.

Rule 7. Mag. Cart. 8. 9. H. 3. The pledges shall be free so long as the principal debtor is sufficient; And they answering the debt, shall have the lands and rents of the principall, untill they be satisfied▪ but note, that this is meant of the Kings debtor.

Stat. 1 R. 2. 12. No Warden of the Fleet shall suffer any prisoner in execution to go out of prison by Main­prize, Bail, or Baston, without making gree with the party, unlesse by writ, or other commandement of the King, upon pain to lose his Office, and the Creditor to have a writ of debt against him.

Stat. 23 H. 6. 10. Every Obligation taken by a She­riff or his Ministers by colour of their office of any pe [...]son in their Ward by course of Law, shall be by the name of their office, and upon condition, that the prisoner appeared at the day and place mentioned in his Writ, Bill, or Warrant, an Obligation in any other forme taken is void.

Stat. 32. H. 8 37. The Executors and Administrators of him, that hath any rent or fee-farm in fee-simple, fee-tail, or for life, shall have an Action of debt for the arrerages in the Testators life time, against the te­nants, that should then have paid it, or may distreine [Page 44] and make avowrie upon their matter) in the lands, so long as they remaine in the possession of the said te­nant,, or of any claiming onely from him.

A husband seised of any such estate in any rent or fee-farm in his wives right, shall (after her death) himself (& also his executors, or administrators) have the same remedy for arrerages due in her life: So likewise of him, (his executors, or administrators) that hath a rent or fee-farme during anothers life, and Cesty qui vi [...] dye, the same being unpaid.

Rule 9. Stat. 13. El. 4. The lands, profits, and here­ditaments of every Accomptant, or him that receiveth money for the Queen, or her successors to be imploy­ed to the use of the Queen, &c. shall be extended (in the nature of a Statute staple) for the payment of the arrerages: Or the Queen, &c. if he do not satisfy within six moneths after the arrerages found, may sell his land, and the party may have the surplussage to be delivered to him by him that received the money upon the sale, without further warrant: This sale to be of any land, whereof it is found by Inquisition, that the Accomptant taketh the profits; with Inquisition, if it be true, after traverse of the office, and that found for him, he shall have his land againe without any petition, livery, or Ouster le main: Here, if any such buy land with the Queens treasure, and pay not the arrerages, as before; the Queen shall seize and retain the land, according to the rate that the party had it.

This Act extendeth not to such officers as have used to disburse money immediatly after their accounts past, as the treasurers of War, Garisons, Navies, &c. unlesse the Queen, &c. command present pay: Neither doth it extend to Accomptants, whose whole Receit exceedeth not 300 l. not to Sheriffes, Escheators, or Bailiffes of Liberties.

The Queen, &c, being satisfied by sale of land, the sureties shall be discharged for so much, and if any re­main yet unpaid, the sureties shall pay the residue ra­tably according to their abilites.

Stat. 2 7. El. 3. the Queen &c. may make sale of the ac­comptants lands, &c. as wel after his death as in his life time, and as well where the accompt was made, and the debt known within eight years after his death, as in his life time. Provided, that after the Accomptants death and before the lands▪ be sold; a fcire facias shall be a­warded to garnish the heir, to shew cause why the lands &c. should not be sold, &c. whereupon, if the heir upon such Garnishment or two nihils returned do not prove unto the Court, that the executors or administrators of the accomptant have sufficient, then ten moneths after such two nihils or garnishment returned, the lands &c. shall be sold, and disposed according to the Stat. of 13. El. 4 Nevertheless, the heirs sale bona fide and upon good consideration before the scire facias awarded, shall be good to him, that is not consenting to defraud the Queen, &c.

This Act shall extend to all Officers of Receipts and Accompts to the Queen, and to none other? The heirs lands, &c. shall not be sold during his minority but at any time within eight years after his ful age they shall be liable as aforesaid: If the Accomptant or debt­or had a Quietus est in his life time, that shall dis­charge the heir of debt.

Stat. 7. Ja. 15 No debt shall be assigned to the King, &c. by any debtor or accomptant, other then such debts as did before grow due originally to the Kings debtor or Accomptant bona fide: All Grants and Assignments of debts to the King, &c. contrary to the true intent of this Act shall be void.

Rule 15. Marlbr. 23. 52. H. 3 Attachment given in [Page 46] an Action of Accompt against Bayliffs, that withdraw themselves, and have no lands or tenements to be di­strained by.

Westm. 2. 11. 13. E. 1. He to whom the accompt is to be made, may assign Auditors to take it who may im­mediately commit to the next Gaole the Accomptant (being found in arrerages) till he fully satisfie: wher­upon the Accomptant finding himself grieved, may bring the matter by a scire facias before the Barons of the Exchequer.

CHAP. 32.

Rule 22. WEstm 1-20 3. E. 1. Trespassers in parts and Ponds attainted at the suit of the party (besides making large amends according to the trespass and fine at the Kings pleasure) shall have three years imprisonment, and finde good surety not to commit the like trespasse; And if he cannot finde surety, he shall abjure the Realm. Being a fugitive and having no lands or tenements, whereby to be ju­stified, he shall be proclaimed from county to coun­ty; and (if he appear not) outlawed.

Stat. 5. R. 2. 7. None shall enter into lands or tene­ments by force, in pain of Imprisonment and ransome at the the Kings pleasure.

Stat. 15 R. 2. 2. When forcible entry is made into lands or Church-livings, one or more Justices of peace, taking sufficient power, and going to the place so kept by force may commit the offender to the next Gaole, there to remain convict by the Justices record, till he hath made fine and ransome to the King; and here­in the Sheriff and all others shall be assistant, in paine of Imprisonment and great fines making.

Stat. 8. H. 6. 9. The Statute of 15 R. 2. 2. shall be duely [Page 47] put in execution both against forcible entry and for­cible detainer, though the entry was peaceable.

When complaint of any such entry or detainer shall be made to any such Justice or Justices of peace, he or they by precept shall command the Sheriffe to summon a sufficient Jury, and having by them made inquiry of the force committed, shall cause the tenements to be reseised, and that as well in the absence as presence of the party offending. And here, the alienation of te­nements (so entred into or detained by force) for maintenance, shall be adjudged void: Howbeit, this Act shall endamage none, where peaceable possession hath been enjoyed three years.

Stat. 31. El. 11. There shall be no restitution upon an Indictment of forcible entry or detainer, where the defendant hath been three years next before in quiet possession, and his estate therein ended.

Stat. 21. Ja. 15. Vpon force or detainer, as afore­said, a Justice or Justices of peace have power to give restitution of possession, as well unto tenants for years, by Elegit, Statute-Merchant, or staple, copi­holders, or Guardians by Knight service, as unto such as claim freehold or Inheritance.

Merton. 6 20. H. 3. A Lay-man ravishing or marry­ing a Ward within 14 years of age, shall be impriso­ned, besides losse of the value of the marriage.

Westm 2. 35. 13. E. 1. A strict Law against one that taketh away a Ward.

CHAP. 33.

Rule 2. MAgna Cart. 34. 9. H. 3. A woman shall have no appeal, but only of the death of her husband.

Glocester 9. 6. E. 1. An appeal of the death of a man [Page 48] must be brought within the year.

Stat. 3. H. 7. 1. One acquitted upon an indictment of Murder or man-slaughter, or as accessory, shall not go at large without good bayl, untill the year and day be past, within which time an appeall may be brought (if no Clergy be had before) and all advantages therein saved, as if the acquittall had not been.

CHAP. 34.

Rule 17. & 18. WEst. 2. 7. A guardian may have writ of admeasurement of dow­er, howbeit the heir (at full age) shal not be barred by that suit, if the guardian did follow it faintly.

In Writs of admeasurement both of Dower and Pa­sture after the great distresse, proclamation shall be made two County dayes, whereupon if the party come the plea shall proceed, if not, admeasurement shall be made in his default.

Westm. 2. 8. 13. E, 1. when the same party (after ad­measurement, another time surchargeth the Common, a writ to enquire of that second surcharge shall go [...] either judiciall, if the former admeasurement were be­fore the Justices, or otherwise, Originall, out of the Chancery, and the beasts surcharging the Common, (or their value) shall be answered to the King.

Rule 24 &c. Marlbr. 21. 52. H. 3. The Sheriff may re­plevin beasts not only without but within a liberty also if the bayliff of the liberty will not do it.

Westm 2. 2. 13. E. 1. The sheriff or bayliff shall take pledges of the plaintiff before they make deliverance of the beasts, not only de prosequendo, but for return in them, if a return be adjudged, he that taketh pledge, otherwise shall answer the price of the beasts.

Upon a return awarded to the defendant, the writ de returno habendo shall have this clause (that the Sheriffe shall not deliver them without writ, wherein mention shall be made of the Judgment▪) and thereupon he may (if he will) hare a judicial writ to the Sheriffe to deliver him the beasts: but if afterwards the Plaintiffe desire to replevie his Beasts again, he shall have a Judi­ciall writ ( viz a writ of second deliverance) that the Sheriffe taking surety for the suit, & also for the beasts to be returned or their price (if return be awarded) shall deliver the beasts before returned, and the distrainor shall be attached to come before the justices at a certain day, and if he that replevied make default, or for some other cause, return of the dissresse is awarded) being now twice replevied (the distresse shal afterwards remain ir­repleviable.

Stat. 1. 2. P.M. 12. Every Sheriffe of a Shire (being no City) shall at his first County-day, or within two moneths after receit of his, patent proclaim in the shir-town four deputies (at least) dwelling not past 12 miles one from another, which in his name shall make Reple­vins, as the Sheriffe might do himselfe.

Rule 30 Stat. 2. E. 3. 3. Commissions of Oyer and Terminer shall be only granted to the Justices of the one Bench or other, or to Justices errants.

CHAP. 36.

Rule 1. STat de quo warranto 18. E. 1. Pleas of quo warranto shall from hencforth be pleaded and determined in the Circuits of the Justices. See also Stat de quo warranto novum.

Rule 3, &c. Stat. 36. E. Stat. 1. 13. No Escheator shall take enquests of office but indented between the Jurours and him, otherwise they are void.

Stat. 33. H. 8. 22. No Escheator shall sit virtute offici [...] (only) to find an office of lands holden of the King, of 5 l. value or above, in pain of five pounds.

Stat. 8. H. 6. 16. No escheator shall take inquests b [...] of people impannelled by the Sheriff, and those en­quests must be returned within a month after the ta­king, in pain of 20 l. so also of Commishoners.

Stat. 23. H 6. 17. An Escheator shall take an inquest, virtute brevis, within a month after the delivery of the writ unto him his fees are there also, set down.

Stat. 1. H. 8 8. He shall not sit, unlesse he have land &c. to the clear yearly value of 40 marks, in pain of 20 l. He shall not delay to take the Verdict, when the Jury offers it, in pain of 100 l. so also of Commissio­ners: He shall not be Escheator again within three years after that year ended.

Stat. 36. E. 3. Stat. 1. 13. A traverse is given to the party, whose lands are seized by office of alienation without licnece, or the nonage of the heir in Ward, It shall be sent to the Kings Bench to be tryed.

Stat. 69. E. 3. Stat. 1. 13. Upon a traverse of monstr [...] de dron the Chancellor may let him (that tenders it) the lands holden to farm, finding surety to do to waste.

Stat. 8. H. 6. 19. They shall not be let to farm till the inquests returned, nor within a month after, witho [...] which time the party grieved may have the benefit o [...] the former statute: All Letters Patents within the moneth shall be void.

Stat. 18. H. 6. 6. All Letters patents made of lands o [...] tenements before office found and returned, shall b [...] vo d.

Stat 1. H. 8. 8. Divers good provisions concerning [...] ­cheators Commissioners, Jurors, and Offices, and th [...] manner of returning offices into the petty bagg.

Stat. 1. H. 8. 10. Lands soiled into the Kings hand by office, shall be let to farm to him, that tendred to traverse the same within three moneths after such office found, notwithstanding the Statute of 8 H. 6. 16.

Stat. 2 3. E. The estates and interests of others shall be saved, though they be not found in the office where an heir of full age is found within age, he shall have a writ de aetate probanda, and may proceed to sue out his livery or ouster le main, (as his case is) and re­ceives the profits of his lands, notwithstanding such of­fice found.

Where after the Kings tenants death more hiers then one are found, or if one be untruly found a Lunatick Ideot, or dead, the party grieved may have his traverse, as in other cases of untrue Inquisitions: A Traverse of Monstrans de droit is given without peition, though the King be titled by double matter of Record.

When the Jury finds de quo vel de quibus Ignorant, or per quae servitia ignorant, the first shall not make a tenure of the King, nor the last tenure in Ca [...]ite; but in such cases a Melius inquirendum shall issue forth tra­verse given to an ofice where a wrong tenure is found: the rents of mean Lords shall be paid (during the non­age of the Ward) by the officer, that receives the reve­nue of the Wards lands.

Artic de super cart. 19. 68 E. 1. When the Sheriffe or Escheator seize land into the Kings hand without cause, upon ousting of the Kings hands, the party shall have the mesne issues.

Stat. de Escheatoribus. 29 E. 4. 3. If the Escheator by writ out of the chancery seize land into the kings hand, and after upon Inquisition no title is found for the king to have the Custodie, an ouster le main shall be awarded for the party out of the Chancery: Provided, that if any thing afterwards may be found in the Chancery, [Page 52] Exchequer, or K. Bench for the King, a scire facias shal [...] go out against the party, and if the King have right, [...] shall be answered of all the issues from the time of th [...] Escheators first seisiing of the land.

Stat. 23. H. 6. 17. In a scire facias upon a travers [...] against any Patentee, no protection shall be allowed▪

Rule 11. Stat. 28. E. 3. 4 The rents given to the [...] that sue livery, when the rent day commeth, how soo [...] soever it cometh after the livery.

Stat. 3 [...]. H. 8.. 46. The erection of the Court of Ward And Stat. 33 H. 8. 22. the annexing thereunto the Live­ries: See the Statutes at large,

Rule 31. Also for the better preservation of the peac [...] divers wholesome Lawes bean to be framed from th [...] begining of the Reigne of E. 3. for the establishing [...] justices of Peace in every County, untill at last abo [...] the 12, year of R. 2. they were fully setled, and ha [...] power to keep their Quarter-Sessions? which Govern­ment Sir Edward Cook hath observed to be the best i [...] the Christian world for the preservation of the Peace And therefore see those Statutes, as you shal find the [...] ranked together in divers Books now extant.

Rule 33. Concerning Informations there are dire [...] good Lawes made, which are now sorted together (under the titles of actions popular or Informations) in d [...] vers Treatises, which treat of the office of a justice o [...] Peace; and therefore it is conceived needlesse here t [...] insert them.

Rule 34 See Officium Coronatoris, 4. E. 1. Whic [...] setteth down the whole order how he is to proceed upo [...] inquiries: See also Stat de Exonia 14. E. 1. and the a [...] ticles thereunto annexed.

Artic super Cart. 3. 28. E 1. The Coroner of the cou [...] tie shal joyn with the Kings Coroner in inquring of th [...] death of a man in a Kings house.

Stat. 33. H. 8. 12. The Coroner of the Kings house shall inquire alone without the Coroner of the Coun­ty, by a jury of the Yeoman officers of the Court.

CHAP. 37.

Rule 10. Stat. 31. El. 3. Upon a summons in a reall action (fourteen dayes before the return) a Proclama­tion of the Summons shal be made) upon a Sunday af­ter divine Service) at the doore of the parish-Church where the Land lieth, and shall also be returned with the names of the Summoners: And till that done, no Grand Cape shall go out, but a Alias and Pluries, as the case requireth

Rule 15. Stat. 1. H. 55. In every original writ of actions personal, appeals, & indictments, in which the Exigent shall be awarded, to the names of the defend­ants additions shall be made of their estate and degree or misterie, and the Towns, Hamlets, Place, and Coun­ties, in which they were or be conversant; otherwise all Outlawries thereupon pronounced shall be nul. And before these Outlawries be pronounced the said writs and indictments shal be abated by the exception of omitting the said additions.

Stat. 6. H. 6. 1. All Exigents and Outlawries upon in­dictments in the Kings Bench of Felony and Treason, shall be void, if before the Exigent awarded a Capias be not directed to the Sheriff of the County, whereof they be named in the Indictment, having six weeks space (or larger, at the discretion of the justices) before the return.

Stat. 8. H. 6. 10. In every indictment, or appeal of Treason, Felonie, or Trespasse, after the first Capias re­turned forthwith (before the Exigent) another Capias shall be awarded to the shheriffe of the County, where [Page 54] by the indictment the party is supposed to abide ret [...] ­able before the same Justices, &c. containing the s [...] of three moneths (where the Counties be holden [...] moneth to moneth) and of four moneths (where t [...] be holden from six weeks to six weeks) by which Cap [...] the Sheriffe shall be commanded to take his body, if be found in his Baliwick: If he be not found, the [...] make proclamation (for his appearance) in two Co [...] ­ties before the return of the writ Any Exigent or O [...] ­lawrie otherwise pronounced shal be holden for no [...]

Stat. 10. H. 6. 6 The like is to be observed, when [...] indictment or appeal (taken before Justice of Pe [...] or other having power) shall be removed before [...] King in his Bench, or elswhere by Certiorari, or oth [...] ­wise.

Stat. 6 H. 8. 4. Upon every Exigent, a writ to m [...] three Proclamations (returnable the day of the retu [...] of the Exignt, and the Proclamations to be made, [...] two in the full County Court, & the third at the gen [...] ­ral Sessions) shall goe out to the Sheriffe of every oth [...] County ( viz. then that, where the action is brough [...] where the defendant is said to be, or lately to have bee [...] if the Kings writ run there; otherwise to the Cou [...] next adjoyning to that, where he is said to be: Eve [...] outlawry to the contrary shall be avoided by plea.

Stat. 37. E 3. 2. A writ Identitate nominis, give [...] those, whose lands, goods or chattels be seized by [...] ofheer surmising them to be outlawed (where they b [...] not) because they bear such names as they who b [...] outlawed for want of good declaration of the Si [...] ­name.

Stat. 9. H. 6. 4. A writ of Identit ate nominis shall be ( [...] this case) maintainable by executors, as well as by the testato [...] himselfe, if he were living.

Rule 18. Stat. 5. E. 3. 12. where the Plaintiffe h [...] [Page 55] recovered damages, and he against whom damages are recovered is outlawed at the Kings suit, no Charter of pardon shall be granted, except the plaintiffe be satis­fied for his damages. When one is outlawed by p [...]o­cesse before his appearance, no such Charter shall be granted, except he yield himselfe before the Justices, from whom the Exigent issued, who shall cause the par­ty to be warned to appear before them at a day: where­upon if the plaintiffe appear, they shall plead upon the first originall, as if no Outlawry had been. If the plain­tiffe appear not, and the warning be duely witnessed he that is outlawed shall be delivered by vertue of his Charter.

Stat. 31. El. 3 Upon every Exigent in a personal acti­on, a writ of proclamation shall go out of the same Court to the Sheriffe of the County, where the defend­ant at the time of the Exigent shall be dwelling, where­upon three Proclamations shall be made, viz one in open County-Court, another at the Quarter-Sessions, and the third one month (at least) before the Quinto exact at the door of the parish Church where the de­fendant shall be dwelling at the time of the Exigent, upon a Sunday, immediately after Divine Service. All Outlawries otherwise executed shall be void.

But before reversing of any such outlawrie in this re­spect, the defendant shall put in bail, not onely to an­swer the Plaintiffe in a new action, but to satisfie the condemnation, if the Plaintiffe begin his suit within two Termes.

Rule 20. Stat. 25. E 3. Stat 5. 14, The second Capias in case of Felony must be returned three weeks after

Rule 24. Westm. 2. 39 13 E. 1. The Plaintife may averre that the Sherife might have returned greater issues, and thereupon shall have a Judicial writ to the Justice of Assize to inquire of what and how great issue [Page 56] he might have answered from the day of the purchase of the writ to the day of the return, and the Sheriffe shall be charged with the surplussage not returned.

Stat. 1. E. 3. Stat. 1. 5. The like averment of too small issues returned, given against Bailiffes of Franchises, as well as against the Sheriffe.

Rule 30. Westm. 1. 17. 13. E. 1. the Sheriffe or Bailif [...] may take the power of the County or Baliwick, and beat down a Castel or Fortresse, where such beasts are inclosed, if he that took them will not make deliver­ance.

Rule 33. Westm. 2. 11. 13. E. 1. Processe of Outlawrie given in an action of accompt.

Stat. 25. E. 3. Stat 5. 17. Such processe shall be made in a writ of debt and detinue of Chattells, and taking of beasts by Capias & Exigent, as is now used in a writ of accompt.

Stat. 7. H. 5. 1. In writ, against forgers of false char­ters and muniments like processe shall be made by Capias & Exigent, as in writs of trespasse.

Stat.. 19. H. 7. 9. Like processe given in actions upon the case sued in the Kings Bench and Common place as in actions of trespasse and debt.

Stat. 23. H. 8. 14. Like processe shall be had in every action, brought upon the statute of 5 R. 2. 7. (con­cerning forcible entry) as in trespasse, and like pro­cesse in every writ of annuity and covenant as in debt

CHAP. 38

Rule STat. 25. H. 8 20, for the election nomina­tion, presentation, investing, and con­secrating of Arch Bishops and Bishops.

Rule 32. Stat. 5. R. 2. 2. Prohibits going beyond s [...] without licence, but it is repealed by 4. Ja. 1.

Rule 35. Stat. Carlile 15. E. 2. The Dedimus potesta­tem shall be directed to two of the Justices, or to one Justice and a Knight.

CHAP. 39.

Rule 5. GLocester 5. 6. E. 1. An Action of waste is maintainable aginst tenant by the cour­tesie, in dower, for life or years; and the party attainted thereof shall lose the thing wasted, and recompence the party grieved thrice so much as such waste shall be taxed at.

Westm. 2. 14. 13. E. 1. the processes in a writ of waste shall be summons, attachment, and distresse; and if he come not, then a writ unto the Sheriffe (taking with him 12 men) to go to the place wasted, aed there en­quire of the waste, and upon that waste returned judg­ement shall be.

Stat. 11. H. 6. 5. Where the tenants grant over his e­state, but notwithstanding takes the profits, and com­mits waste, an action lies against him.

Magn Cart. 4. 9. H. 3. The Guardian may not commit waste, in pain to lose the Wardship: And ( Cap. 5.) must repaire and sustain the houses of the profit of the land.

Glocester. 5 6. E. 1. If the Guardian commit waste, and the Wardship lost answers not the damages before the heires age, he shall render damages to the heir other­wise.

Artic. super Cart. 18. 28. E. 1. An Escheator commit­ting Waste upon Wards lands, shall answer damages,

Stat. 36. E. 1. Stat. 1. 13. The heir shall have an action of waste against the Escheator committing waste, as well within age, as when he is at full age: See also 14. E. 3. 13.

Westm. 2. 22. 13. E. 1. A writ of waste is given for one [Page 58] Jointenant or tenant in common against another, wherein the defendant is to be at his choise, to take his part in certain (and then to have for his part the place wasted) or to agree from thenceforth to take nothing more, then his Companions do.

Glocester 13 6 E. 1. Hanging a plea by writ, the te­nant may not commit waste, nor estrepment of the land in demand, and if he do, the demandant may have a­writ to cause the land to be kept, that no wast nor estrepment be done.

CHAP. 40

Rule 2. 36, E 3. 15. Declarations shall be good e­nough, if they have matter of substance, though the termes be not apt.

Rule 10 Westm. 1. 46. If a writ of novel disseisin be purchased, and the disseisor die before the Assize be pasesed, the plaintiffe shall have a writ of entry sur disseisi [...] against his heir: The like shall the heir of the disseisin have, in case he die, &c. The nonage of the heir of the disseisor or disseisee shall not prejudice in an Assize; If the Inquest pass against the heir of the disseisee, he shall have an Attaint gratis.

Glocester 2. 6 E. 1. Where an Infant is held from his Inheritance, whereby he is driven to his writ, the In­quest shall passe, notwithstanding his non-age.

Exposition of the Stat of Glocester 26. E. 1. Touching an Enquest to be made for an Infant, that Statute shal run without limitation of time.

Westm. 2. 40 13. E. 1. The suit of a woman or her heir (in a Cui in vita, or a sur Cui in vita) after the death of her husband shall not be delayed by minority of the heir, who ought to warrant the land.

Rule 31. Westm. 2. 42. Certain cases, wherein vie [...] shall not be granted

Stat. de visu terrae, & Essoyne de servitio Domini Re­gis 12. E. View shall be granted in a writ of Ward, in a writ of Customes and services, in a writ of Advowson of a Church (where there be more Churches then one in a Town, and all of one Saint) in a writ of Dower, and in a nuper obiit.

Rule 32. West. 2, 3. The reversioner may be recei­ved in default of tenant for life, dower, curtesie, &c. If Judgment be given by reddition, or default, the re­versioner shall have a writ of entry after the death of the Ter [...]or; so shall the heir also, where the tenant was tenant in tail.

Stat de defensione Juris 20. E. The reversioner de­siring to be received before judgment, shal finde surety (as the Court shall allow) to answer the value of the issues of the tenant from the day of the receit, till judge­ment, if it passe for the demandant.

Sta. 13. R. 2. 17. The like receit shal be for the rever­sione upon the faint pleading of such a tenant, and he shall plead in chief without delay: and the Judges (by discretion) shall give dayes of grace between the de­mandant and him, that is received, without giving the Common day in plea of land, unlesse it be by the de­mandants assent. Surety for the value shall be found (as before in 20. El.) as well where the receit is coun­ter pleaded, as where it is granted.

Glocester 11. Tenant for years shall be received be­fore judgment rendred, to say that the Action was by Covin.

Westm 2. 3 Receipt is given to the Wife in her Hus­bands life time, if he lose her land by default, and the tenant, that recovered against the husband, must main­tain his own right.

Rule 33. Westm. 1. 39. What Counter-pleaders are good in Mortdancestor, nuper obiit, Intrusion, and such [Page 60] like actions, and also in writs of Entry in the degrees, &c. See also Stat. de vocat. ad warrant. 20. E. 1. 1. 4. E. 1. 18. & Westm. 2. 6.

Rule 48. After Sanctuaries were taken away for sundry offences by divers Statutes at last by the Statute of 21 Jac. 28 They were totally annulled.

Rule 5 3. Glocester. 3. The heir shall not be barred of his Mothers Inheritance by the Warranty of the father, being tenant by courtesie, or alienation without fine in the Mothers life time, excepe he leave Assets.

Rule 68. Westm. 1. 12. Notorious Felons, which will not put themselves upon an Inquest at the Kings suite against them, shal be put to a pain fort & dure as those, that refuse to be tried by the law of the Land.

Rule 70. The Statutes, that concern Abjuration are Stat. de Artic. Cler. 10. and 15. 21. H. 8 2. &. 21. 2. 8 12. & 24. but Sanctuaries being taken away, that is now also out of use.

CHAP. 41.

Rule 18. WEstm. 2. 38. In an Assize there shal be but 14 summoned: And men of the age of 70 years continually languishing, or sick at the time of the summons shall not be put upon Juries.

Artic. super Cart. 9 & 34. E. 3. 4 Juries shall be made of the next people of the Countie.

Stat. 11. H. 6. 1. None dwelling in Stews shall be of a Jury.

Stat. 9. E. 3. 5. A Deed pleaded in a Franchise shall be tryed in the County, where the action is brought.

Stat. 2. 3. E. 6. 24. Upon a stroke or poyson in one Countie, the party dying in another, an indictment and triall may be in the County where he dieth, and also an appeal sued there, and tryed by 12 men of the same [Page 61] County: Likewise the accessories in one County to a murder or felonie in another County, shal be indicted, arreigned, &c. in the County, where the offence of ac­cessorie is committed.

Stat. 33. H. 8. 20. The indictment and triall of Lu­naticks, confessing treason, &c.

Stat. 33. H. 8. 23. The triall of Treason, &c. con­fessed before the Lords of the Counsel, shal be by com­mission out of the Chancery.

Stat. 27 H. 8. 4. and 28. H. 8. 13. Treason, Felonie, &c. commited within the Admirals jurisdiction, shall be heard and determined by commission directed to the Admirall, and three or four others, &c.

Stat. 32. H. 8. 4. Treasons and misprisions of Treason in wales, shall be tried there by such Commissioners, as the King shall appoint.

Stat. 35. H. 8. 2. Treason, &c. committed out of Eng­land, shall be tried in the Kings Bench, or by Commisssioners, &c.

Stat. 1. &. 2. P. &. M. 10. Trials for Treason shall be according to the course of the Common Law.

Stat 23. E. 33. No Indictors shall be put on Inquests upon the deliverance of Indictees of Felonies or Tres­pass.

westm. 2. 38 None shall be put in Assize or juries tri­able in their own County, but such as have 20 s. per annum free-hold, nor in Assize, &c. triable out of their County, unless they have 40 s. per annum, &c.

Stat. de ponend. in Assis. 21. E. 1. None shll he put in Assize out of their County, unless they have 5 l. per annum, now within their County, unless they have 40 s. per annum.

Stat. 2. H. 5 3 Upon triall for the death of a man, and betwixt party and party (when the debt or damages a­mount to 40 Marks) he shall have 40 s. per annum.

Stat. 33. H. 8.13. In Corporations 40 l. in good suffi­ceth.

Stat. 2. E. 6 32. The 40 s. yearly value must be inferr­ed in the Venire facias.

Stat 27. El. 6. Such a Jurour shall have 3 l. yearly value; Howbeit these two lost Statutes extend not to Corporations.

Stat. 27. El. 7. The Jurour shall be returned by some addition, whereby he may be known.

Stat. 8. H 4 3. every Jurour returned within the Coun­ty of Middlesex. shall be called the fourth day of the return.

Stat. 5. E. 3. 10. An Ambidexter shall never be of a Jury more.

Stat. 34. E. 3. 8. The party or any stranger may s [...] him for it.

Stat. 38 E. 3 12. And both the Jurours and the Em­braceours, being thereof attaint. shall pay ten times so much, as they have taken.

Westm. 2. 30. when and how Assizes &c. shall be ta­ken in the Country: See also Statutum de finibus leva­tis 4. 21 E. 1. That Enquests thereof being taken shall be returned into the Bench and there judgment shal be given thereupon, &c

Stat. Eberac. 3. 12. E. 2. Enquests in Pleas of Land, that require too great examination, shal be taken i [...] Country before a Justice of the place, whe e the plea depends, and a Knight there, or other, &c.

Stat. 42. E. 3. 11. Nisiprius shall not be granted before the name of the Jurours returned.

Stat. 14. E 3. 16. The directing of Nisi Prius to be tried in the Countrey.

Stat. 18 El. 12. Trial of Nisi Prius for Middlesex, i [...] the term time, or 4 dayes after.

Rule 19. Stat. [...]5. H 8 6. Made perpetual 2 E. 6. 3 [...] Six sufficient Hundreders shal be returned upon ever [...] Jury.

Stat. 27. El. 6. If two sufficient Hundreders appear in any personal Action it sufficeth.

Rule 20. Stat. 7. R. 2. 10. An Assize of novel disseisin, of rent issuing of tenements in divers Counties shall be in the Confines of the said Counties.

Rule 22. Stat. 28. E. 3. 3. confirmed by 8. H. 6. 28. In every suit between an alien and a Denizen (though the King be a party) the one halfe of a Jury shall be A­liens; if there be so many in that Visne? and if there be not so many, then so many as be there, not parties.

Rule 23. Mag Cart. 29 A Peer of the Realm upon an Indictment of Felony or Treason shall be tried by his Peers.

Stat. 20. H. 6. 9. Duchesses, Baronesses, Countesses, &c. sole or married, shall be tried (in such cases) as Peers of the Realm.

Rule 37. Stat. 22 H. 8. 14. No person arraigned for petty Treason, Murder, or Felony, shall be admitted to any peremptory Challenge above the number of twen­ty.

Rule 38. Stat. 35. H. 8. 6. made perpetual 2. E. 6. 32, A Tales may be made up before the Justices of Assize, or Nisi prius, of able persons of the same County then present, at the prayer of the plaintiffe or demand­ant.

Stat. 4. 5. P. M. 7. So likewise for the King upon re­quest by any authorized thereunto, or assigned by the Court, or by the Informer, that followes as well for the King as for himselfe.

Stat. 14. El. 9. Such a Tales de circumstantibus shall be also granted at the prayer of the defendant or Advow­ant

Rule 53. Stat. 21. H. 8. 3. The demand of a thing in­tire may be abridged before Verdict, though thereby the writ become false.

Rule 60. Magn. Cart. 28. Wager of Law shall not be addmitted without credible witnesses.

Stat 5. H. 4 8. In actions of debt upon arrerages of accompt faining (to the Intent to put the defendants from their law) that the same was found before their Apprentices or Servants, Auditors assigned therein, it shall be in the Judges discretion upon examination of the Attorneis (or whom else they please) to receive the defendants to their law, or else to try the same by En­quest.

CHAP. 42.

Rule 10, &c. WEstm. 2. 12. In an appeal of the death of a man no Essoin shall li [...] for the Appeallor.

Westm. 1. 41. In Assize and Juries utrum, after the tenant hath appeared, he shall be no more essoyned so it is also for demandants in an Assize, by Westm. [...]. 28.

westm. 1. 42. Perceners or Jointenants in a Praecipe a­gainst them shall have but one Essoin: so likewise for a man and his wife by the Stat. of Glocester, 10.

Stat. 9. E. 3. Stat. 1. 3. In a writ of debt against exe­cutors, they shall have but one Essoin before, and ano­ther after appearance.

Westm. 2. 27. No Essoin is allowed after day given by prece partium.

Marlbr. 13. After a man hath put himselfe upon an In­quest, he shall have but one Essoin.

wessm. 2. 17. After one hath put himselfe upon an In­quest, an Essoin shall be allowed him at the next day but never after.

Marlbr. 19. None shall need to swear to warrant [...] Essoin.

Westm. 1. 43. The Demandant may aver against an Essoyn of being beyond Sea.

Westm. 2. 17. He may aver that the tenant is not sick, nor in such plight, but that he come before the Ju­stices, &c.

Stat. 5. E. 3. 7. Essoyn of the Kings service or protection, shall not be allowed in Writs of Attaint.

Stat. of Essoyns. 12. E. 3. 2. See many particular Cases where Essoyns lie not.

Rule 16. Stats de Anno Bissextili 21. H. 3. The day increasing in the Leap-year, and that going be­fore, shall be accounted for one day.

Dies communes in Banco, 51. H. 3. Dayes given in Writs shall have 9 returns.

Dies communes in Banco, and 32. H 8. 21. Common dayes shall be given in reall actions 9 returns; In Writs of Dower 5 returns.

Malbr. 12. In Dower, unde nihil habet, 4 or 6 dayes shall be given in the year: In Assizes of Darrein pre­sentment or Quare impedit, from 15 dayes to 15 dayes or from 3 weeks to 3 weeks, as the place shall be neer or far.

Stat. 5. E. 3. 6. & 7. In an Attaint 5 dayes at least.

Rule 17. Stat. 1. E. 6. 7. By death of the King, no Action, Suit, Bill, or plaint, shall be discontinued, or put without day, but shall proceed as if the King had lived.

Rule 39. Stat. 14. E. 3. 14. The manner of search in suit by petition.

Rule 43. 27. El. 7. A Iuror shall not be returned without a true addition, of the place where he dwels, and some other addition, wherby he may be known.

Stat. 35. H. 8. 6. What issues shall be returned upon Jurors.

Stat, 2, 3. E. 6 32. If the principall Jury appear not [Page 66] fully at the nisi-prius, those that make default, shal for­feit their issue, though the Jury be made up, de Cir­cumstantibus.

CHAP: 43.

Rule 20. STat, de consultatione, 24. E. 1. A Consulta­tion shal be awarded by the Chancellor or cheif Justice, upon sight of the Libel, at the Instance of the Plaintiffe.

Stat. 50. E. 3. 4. Upon a consultation the Ecclesia­stical Judge may proceed, notwithstanding any other prohibition, so the matter of the Libel be not enlarg­ed or changed.

Rule 23. Westm. 1. 15. Persons outlawed, and such as have abjured the Realm, Provers, and such as be taken with the manner, Ptison breakers, Theevers, openly defamed and known, Appellees by proven (during the life of such provers) house burners, Coun­terfeiters of the Kings Seal and coin, Excommunicate persons, manifest offenders and Traitors are not bail­able, &c. other Statutes that concern Bail are 3. H. 7. 3. 1. 2, P. M. 13. and 3, P. M. 10.

CHAP. 44.

Rule 3. West. 2. 5. When the parson of any Church is disturbed to demand his Tithes in the next Parish, by an Indicavit, the Patron shall have a Wtit to demand the Advowson. See Stat. pro Clero, 18. E. 3. 7. &. 47.

Rule 6. Stat. 25. E. 3.18. The Lord may seise the body of a Villain, notwithstanding that a writ de li­bertate probanda, be hanging.

Rule 10 Stat. 5, E. 3. 7. No protection shall be al­lowed in Writs of Attaint.

Rule 12. See Stat. 13. R. 26. The Statute of Pro­tection, & 1. R. 2. 8.

Rule 14. A Creditor shall have an Action and Judgement against the Kings Debtor, notwithstan­ding such a Protection, but not execution; unlesse he take upon him to pay the King, and then he shall have judgement and execution of both debts, as well of that due to the King, as to himselfe.

Rule 16. West. 2. 17. He may aver that he is not sick, &c. vide supra, Cap 42. Ru. 10.

CHAP 45.

Rule 7 STat. 14. El 8. Every fraudulent recovery against Tenant for life, wherupon the Tenant for life is vouched, shall be void against the Reversioner or him in remainder, unlesse it be by his own consent appearing of Record.

Stat. 21. H. 8. 15. Termers for years, or such as are in by Execution of Statute staple, Statute Marchant, or Elegit may falsifie recoveries for their own term only as Tenants of the Freehold might have done at the Common Law.

Rule 13. 25. H. 8. 3, revived by 5. 6, E. 6 10. One arraigned upon an Indictment of petty Treason, wil­full burning of houses, murther, robbery, or other fe­lony, according to the meaning of the same Statute, if he stand mute of malice or forward minde, or chal­lenge peremptorily above 20, or will not directly an­swer, shal lose his Clergy, in such manner as he should, if upon the arraignment he had been found guilty.

Stat. pro Clero. 25. E. 3. 4. None convict of petty Treason shall have it.

Stat. 8. El. 6. Not in Rape, Ravishment, or Burgla­ry, nor in the carnal abusing of a woman within ten years of age.

Stat. 25. H. 8, 6. &. 5. El. 17. Nor in buggery.

Stat. 5. E. 6 9. Not for robbing a dwelling house, booth, or tent, &c.

Stat. 4. 5. P. M. 4. Nor for accessaries before the fact in petty treason, murther or robbery in an house, or in or neer the high way; or for the wilful burning of dwelling house, or a barn with Grain.

Stat. 25. H. 8. 3. &. 5. E. 6. 10: He that doth a Rob­bery or Burglary in one County, and is taken with the goods so robbed or stoln in another County, shal lose his Clergy there, as he should do, where the Rob­bery or Burglary was committed.

Stat. 4. H. 7. 13. &, 1. E. 6. 11. It is grantable but once to one person, unlesse he be within orders.

Stat. 4. H. 7. 13. He that askeh his Clergy the second time, shall at a certain day bring his Letters of order or a Certificate.

Stat. 4. H 7. 18. He that hath his Clergy shall be marked in the hand, viz. with a M if he were convict of Murder, with a T if he were convict of other felony.

Stat. 1. E. 6. 12. A Lord of the Parliament in all Cases, where Clergie lieth at the Common Law, or is restrained by Statute, shall upon his prayer be adjud­ged as a Clerk convict, though he cannot read.

Stat. 1. El. 4. &. 18. El 7. After purgation he shall be put to answer to any offence (committed before his ad­mission to the Clergy) wherupon Clergy is not al­lowable, and wherof before he was not indicted and acquitted, convicted, or attainted, and pardoned, and shall be demeaned in all things, as if he had never been admitted to his Clergie.

Stat. 18. El. 7. He that is allowed Clergie, shall not be deliverd to the Ordinary, but after burning in the hand shall be forthwith delivered by the Justices out of prison; yet for further correction they may detain [Page 69] him in prison, so as it be not above a year.

Rule 24. Westm. 2. 12. One being acquitted upon an Appeal or Indictment of felony, may have the a­bettors inquired, and have a judicial writ for damages against them, if the appellant be not sufficient.

Stat. 8. H. 6. 10. An Action upon the case given for him, that is duely acquit by Verdict against every pro­curer of any judgment, or appeal of treason, felony, or trespasse: and like processe shall be therin, as in a writ of trespasse, vi & armis.

Rule 37. Westm. 2. 18. 13. E. 1. Where debt is reco­vered or knowledged in the Kings Court, or damages awarded, it shall be from henceforth in the election of the Plaintiffe to have a writ of Fieri facias unto the Sheriff, to levie the debt upon the lands and chattels of the debtor, or that the Sheriffe shall deliver to him all the chattels of the debtor, (except oxen and beasts of his Plough) and the one half of his land until the debt be levied upon a reasonable price or extent. And if he be put out of the land, he shall recover it again by a writ of Novel disseisin, and after that by a writ of redisseisin. if need be.

Action Burnel. 11. E. 1. A debt acknowledged to a Merchant before the Major of London, York, or Bristol, or before a Major or Clerk, (appointed therunto by the King) shall be enrolled; and if it be not paid at the day, the debtors moveables shall be prized and sold in satisfaction by the Major if he have any within his jurisdiction, else by writ out of the Chancery up­on a Certificate of the Recognizance thither. The Apprisors are to take them at the price, if they apprize them too high if the debtor have not moveables suffi­cient he shal be imprisoned, until, &c. The like proces­ses against pledges, in default of sufficient movables of the principall.

Stat. de Mercatoribus 13. E. 1. A debt acknowledged to a Merchant before the Major of London, or chief warden of the Town, which the King shall appoint, or other sufficient men (when they cannot attend) & be­fore a Clerk; which the King shall assigne, shall be en­rolled, and if it be not paid at the day, the debtor if he be a Lay man shall be imprisoned by the Major, untill &c. if he be within their power, else by writ out of the Chancery, upon Certificate of the Recognisance thi­ther: And if he agree not with the Creditor within a quarter of a year after, then all the lands which were the debtors (the day of the Recognisance made) and also his goods shal be delivered to the creditor upon a reasonable extent. And of these lands so delivered the Conisee, being ousted shal have an assize or redisseisin.

The writ out of Chancery shall be returnable be­fore the Justices of either Bench, and upon a non est in­ventus returned, or that he is a Clerk, writs to all the Sheriffes, where he hath lands or goods, shall go forth to deliver the same upon reasonable extent, and to what Sheriff he wil to take his body, The like Proces shal be against the pledges, if the mony be not paid at the day: If the debtor or pledges die, the Creditor shal have execution upon the lands of the heir as at his ful age. The Stat. of the Staple 27. E. 3. Stat. 28 the Major of the staple shall take recognisance, of debt before himself, and the Constables of the Staple, whereupon (default of payment being made the debtors body shal be imprisoned, and his goods sold in satisfaction of the debt (if they be within the Staple) otherwise upon a Certificate in the Chancery, a writ shall go out from thence to imprison his body, and seize his lands and goods, which shall be returned into the Chancery and execution therupon in all respects, as in the Statute-Merchant, save that the debtor shal have no advantage [Page 71] of the quarter of a Year.

Stat. 5. H. 4. 12. a Statute being once shewed in the Common Place, and the processe afterwards disconti­nued, yet execution may afterwards be awarded with­out showing it again.

Stat. 11. H. 6. 10. He that is in Prison upon a Recog­nisance, shall not be delivered out of prison upon a scire facias against the party, and surety found to the King alone, but shall finde sureties severally as well to the King, as to the other Partie.

Stat. 23. H. 8 6. Either of the Cheif Justices, or (in their absence out of the term) the Major of the Staple of Westminster with the Recorder of London may take Recognisances, and they shall be executed in all re­spects as a Statute Staple.

Stat. 27. El. 4 Every Statute Staple or Merchant, not brought to the Clerk of Recognisances, within 4 months next after the acknowledgement therof, shall be void against all persons, their heirs, successors, exe­cutors, administrators, and assigns onely, which for good consideration shal after the acknowledging ther­of purchase the land or any part thereof lyable there­unto, or any rent, lease or profit out of the same.

Stat. 32. H. 8. 5. Lands lawfully delivered in execu­tion upon a judgement, Statute Merchant, Staple, or Recognisance, being evicted without any fraud or de­fault in the tenant before he have levied the whole debt, and damages, and Recoverer and Recognisee shall have a scire facias out of the same Court, where execution was awarded, returnable there full forty dayes after the date: and therupon a new writ of exe­cution (of the nature of the former) shall issue forth to levie the rest of his debt and damages, if the defen­dant make default, or shew no good matter in barre.

Mag. Cart. 8. 9. H. 3. The King shall not take the [Page 72] lands or rents of the debtor, if he have sufficient chat­tels.

Mag. Cart. 18. The goods of the debtor may be at­tached after his death by the view of lawful men, that nothing be medled with till the Kings debt paid.

Stat. 33. H. 8. 39. All obligations to the King shall be of the force of a Statute staple.

Rule 48. Westm. 2. 45. 13. E. 1. For all things record­ed before the Kings Justices, or contained in fines (as contracts, Covenants, Obligations, Services, or Cu­stomes, acknowledged, or any other things enrolled) a writ of execution shall be within the yeer; But after the yeer a Scire facias: The like also is of a Mesne, who by judgment or recognisance is bound to acquit.

CHAP. 47.

Rule 9 Stat. 9. R. 2. 3. If tenant for life, or in tail after possibility of issue extinct be impleaded, & judg­ment passe against him, the reversioner or remain­der man at the time of the judgment, shall have writ of error upon an error in the record of the same judg­ment, as wel in the life of such a tenant as after his death: And if at the time of reversing the judgement the tenant for life, &c. be alive, he shall be restored, &c. his possession with the mean profits, & the rever­sioner, &c. to the arrerages of the rent, if any be due: But if the tenant for life, &c. be dead at the time of reversing the judgement, then the reversioner, &c, shall be restored to the possession with the issues after the death of the tenant for life, &c. and also to the arrerages due in his life: see the Marqu. of Winch. case. Co. 3. 4.

Stat. 31. E. 3. 12. Error in the Exchequer shall be re­versed before the Chancellor and Treasurer, taking to them such justices, and other sage persons as they shal [Page 73] think fit, and afterwards the roll shall be sent back in­to the Exchequer, to make execution.

Stat. 31. El. 2. If either the Lord Chancellor or Lord Treasurer, or both the Chief Justices come at the day of adjournment, in the Writ of error in the Exche­quer, it shall be no discontinuance.

Stat. 32. H. 8. 30. Made perpetuall, 2. E. 6. 32. After a Verdict tryed by 12 men or more in any suit in a Court of record, no Judgement shall be stayed or re­versed for any mispleading, lack of colour, insufficient pleading miscontinuance, discontinuance, misconvey­ing of Processe, misjoyning of, Issue lack of warrant of Attourney for the party against whom the Issue is tryed, or any other default or negligence of the par­ties, their Councellors, or Attourneys.

Stat. 18. El. 14. After a Verdict of 12 men or more in any suit in Court of Record, Judgment shall not be stayed or reversed for default of form, or lack of form, false Latine, variance for the register, &c. in any writ original or judicial: Declaration, Bill, or Plaint, or for want of any writ original or judicial, or by reason of any imperfect or insufficient return, or for want of any warrant of Attourney, or by reason of any manner of default in proces, upon or after Aid prayer or Voucher.

Stat. 27. El. 5. After Demurrer joyned or entred in any suit in Court of Record, the judges shal proceed & give Judgement according to right, & the matter in law appearing to them, without regarding any imper­fection, defect, or want of form in any writ, Return, Plaint, Declaration, or other pleading whatsoever, ex­cept those only, which the party specially and parti­culary shall set down and expresse together with his Demurrer: And no Judgment to be given shall be re­versed by writ of error, or by any such imperfection, defect, or want of form, a [...] aforesaid, except as is be­fore excepted.

The two last Satutes extend not to suits of Felony or Murder, nor to the indictment or presentment of them; or of treason, nor to the Proces of any of them, nor to any suit upon any popular or penal Staute.

Rule. 16 Stat. 27. E. 8. An error in the Kings Bench in an action of debt, detinue, covenant, account, action upon the Case, Ejectione firmae, or trespass first com­menced there (where the King is no party) may at the parties choise be reversed in the Exchequer chamber before the Justices of the Common place, and such Ba­rons of the Exchequer as are of the Coife, or six of them at least, other then for error concerning the jurisdict­ion of the Kings Bench, or want of form in a writ, Re­turn, Plaint, Bill, Declaration, Pleading, Process, Ver­dict, or proceeding whatsoever: And upon the judge­ment affirmed or reversed, the Record shall be sent back into the Kings Bench, to proceed and award Execution therupon the party grieved with such re­versall or affirmation, may have a writ of error in the Parliament in such sort as is now used upon errone­ous judgements in the Kings Bench.

Stat. 31. El. 1. Any three of the Justices and Barons (if the full number come not) may receive Writs of Error, award Processe, prefix dayes for the conti­nuance of Writs of Error &c.

Rule. 12. West, 1 37. 3. E. 1. An Attaint is given in pleas of Land, or of Freehold and of things that touch Freehold.

Stat. 1. E 3. Stat. 1. 6. It is given in Writs of Tres­pass, as well upon the principal, as upon the damages.

Stat. 5. E. 3. 6 &. 7. In attaints no Essoin or Protecti­on shall be allowed: and a nisi prius is given in such Writs, as well as in others.

Stat. 28. E. 3. 8. An Attaint is given in trespasse as wel upon a Bill, as upon a Writ, without having re­gard to the quantity of the Damages.

Stat. 34. E. 3. 7 An Attaint is granted in all pleas, as well real as personall.

Stat. 9. R. 2. 3. It is given to the Reversioner during the life of his Tenant for life upon a recovery against him, with restitution to the Tenant that left his pos­session, together with the mean profits, and of the ar­rearages to the reversioner, but if the tenant, that so lost, be dead, or were of covin with the recoveree; restitution shall be made to the reversioner of the possession it selfe with the mean profits arrerages, after such death or recovery by covin; saving to the tenant his action by scire facias, if he wil traverse the Covin.

Stat. de Attinctis. 13. E. 2. If the petty Jury appear not at the first distresse against them, or a nihil be re­turned, the grand Jury shal be taken by their default.

Stat. 23, H. 8. 3. Made perpetuall by 13: El 25. In any suit before Justices of Record (not concerning life) an Attaint is given against the Petty Jury, and every of them, and the party himselfe; the processe against the Petty Jury and Grand Jury, shall be summons and Resummons, and distresse infinite.

Open proclamation shall be made in the Court, where the distresse is awarded, more then 15 dayes be­fore the return of the distresse; and the Grand jury shall be taken in default of the Defendant, or petty jurors, or any of them.

If any of the petty jury appear then the Plaintiffe shal assigne the false Oath of the first verdict untruly given, wherunto the petty jury shall have no answer if they be the same persons, and the Writ, Processe, Re­turn, and Assignment be good and lawfull, (except the plaintiff in the same attaint hath before been non-suit or discontinued his suit or hath had a former judgment therin) but only that they made a true oath which issue shall be tryed by 24. of the Grand jury; and the party [Page 76] shal plead that they gave a good Verdict, or any other matter which shall be a sufficient bar of the attaint: Notwithstanding which plea, the grand Jury, shall without delay enquire of the truth of the Virdict: such a day shal be given in a Processe, as in a writ of Dow­er, and no Essoyn or protection allowable.

By the death of the party, or one of the petty Jury the attaint shall not abate, nor be deferred against the rest, as long as two of the petty Jury shall live.

Every attaint shall be in the Kings Bench or Com­mon place, and the Nisi-prius granted upon the di­stresse by the discretion of the Justices. Every of the petty Jury may appear and answer by attourney. The Non-suit or release of one, when their be diverse plaintiffs or defendants in an Attaint shall not pre­judice.

Every one of the grand Jury must have 20 Marks apeice Land of freehold out of ancient demesne, but if the value of the thing in suit be under the value of 40 l. then 5 Marks a year, or 100 Marks worth of goods sufficeth: For default of such sufficient Jurors within the same County, a Tales shal be awarded unto the next.

Stat. 11. E. 6. 4. The plaintiffe shall recover Costs and Damages against the Juror, or defendant, that pleads a feigned plea in delay.