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 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 aâ— 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 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
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 abâ—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 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 anâ— 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 inspiâ—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
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 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
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 takeâ— in confinio comitatus as is used for Common of Pasâ—â—â— 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 thâ— 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 shaâ— suffer one whole yeares imprisonment and restorâ— double damages to the party grieved Stat. 21. H. 8. 3. The plaintif in Assize may abridgâ— 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 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 leasâ— no Assets Glocester 6. All the heirs whereof one is Son oâ— 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 1â— Westm 2 24 13. E. 1. A writ of Juris utrâ—â— 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 peâ—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 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 viâ— dye the same being unpaid Rule 9. Stat. 13. El. 4. The lands profits and hereditaments of
regnum TABLE 40. The Proceeding which consists in The Count or Declaration The pleading which Pleas are The Defendants first Pleas viz. Dilatory by taking Exceptions In disability To the jurisdiction of the Court. To the person In Abatement To the Writ as default of form false Latine c. and here if the default be not caused by the Plaintiff a new Writ may be had by Journies Accounts To the Count as insufficiency variance from the Writ c. Forraign advantages In all Actions as Oyer of the Writ Condition c. In real Actions as View Ayde-prayer Voucher In certain personall Actions Garnishment Enter pleader which may also be in a Quare impedit Sanctuary and there continuing viz. for Treason and other Capitall Offences To the action as Pleas in Bar Confessions to which place Abjuration may be referred when one guilty of bare Felony flyeth to the Church c and there before the Coroner confesseth the Fact and abjures the Realm The mutual pleas of Plaintiff Defen Tab 41 Other mean Acts Tab 42. TABLE 41. The mutual Pleas of Plaintif and Defendant viz. The delating before issue as Replication Rejoynder Sur-rejoynder c. The Issue it self Of the Fact and then the tryall is 1 Of a matter done in the Country by Jury where challenges are allowed viz. To the Array To the Poles 2 In Writs of right or appeals for life by Battail 3. In a Writ of Dower when the issue is taken upon the death of her husband by witnesse 4. By wager of Law 1. When the Tenant in a reall praecipe quod readâ— was not summoned 2. In meer personal actions growing without deed or privity of others 3. In Plaints in Counâ— Barons Of the Law as a Demurrer which iâ— when admitting the matters alledged either of them resteth in thâ— Judgment of the Law TABLE 42. Other mean Acts as 1. Apparance where of essoins which are Common as Essoine de mal venir Speciall 1. Of going beyond Sea 2. Of going ad terram Sanctam 3. Of the Kings Service 4. Demalo lecti 2. Continuance By Process Upon the Roll Dies datus Emparlance 3. Judiciall process A Mesne processe which is for any necessary act to be done as against Vouchee Prayee in aide also 1. Upon a fine levied to compell Attornment as 1 Per quae servitia 2. Quem redditum reddit 3. Quid juris clamat 2 In Petitions a Writ of search 3. In real praecipe upon a default petty Cape 4. Upon default after Voucher a petty Cape ad valentiam 5. In such as are for other Hereditaments upon default a distress 6. Against Jurors 1. A Venire facias 2. A Habeas Corpora 3. A Distress infinite Processe in nature of new Originals Tab 43. TABLE 43. Process in the nature of new Originalls they are Commandatory viz. such as command something to be done 1 Resummons Re-attachment 2 All certificatory Writs 3 A Certiorari to remove a Record into the Chancery 4. Writs to remove Suits By Writ as a Tolt to remove a Writ of right out of the Lords into the County-Court Pone to remove out of the Lords Court into the common place in all other causes By Plaint as a Recordare to remove Plaints in the County-Court Accedas ad curiam to remove Plâ—ints in a Court-Baron 5 A Miâ—timus to send a Record out of the Chancery into another Court of Record 6 A Procedendo to proceed in Suits 7 A Consultation to proceed in the Spirituall Court 8 A Writ of Main-prise to set one at liberty upon Bail 9 A Recaption for him whose Goods are distrained for the same thing 10. A Writ de Magna Assisa eligenda 11 A Certificate of Assise to Jurors to give a more perfect Verdict 12 A Proprietate probanda Prohibitory Writs Tab 45. TABLE 45. Prohibitory VVrits or Proces as 1. Prohibitions of this kind is an Indicavit 2. A Supersedeas of which kind are 1. A VVrit of Peace 2. A Libertate probanda 3. An Identitate nominis 3. Protections Cum clausula uolumus as Protectio quia profecturus Protectio quia moratur whither also may be referred Protectio quia in prisona 4. Essoine de malo lecti 5. A Ne admittas 6. A Quare incumbravit TABLE 46 Judgment which hath Judicial Writs belonging to it viz. Meer Judiciall and they are Such as lye within a year and a day after the Judgment In reall actions 1. Habere facias seisinam to puâ— him in possession upon a Free-hold recovered 2. A Writ to the Bishop to admit ones Clerk In personall Actions to have Execution of his Possessions as 1. Fieri facias to levy execution upon his Chattels 2. Levari facias to levie execution of the profiâ—â— of his Land and Chattels 3. Habere facias possessionem upon recovery of a term for years in aâ— Ejectione firmae c. 4. A Distringas for the Kings Amerciaments c. Bodily as Capias ad satisfacienduâ— Capias pro fine Regis Capias Utlagatum For the King A Scire facias to warn the Defendanâ— afteâ— a year upon recovery in real Actions to shew cause why the Plaintiff should not have Execution New Originals Tab. 47. TABLE 47. New Originals in the nature of Judiciall Writs to order some matters concerning Judgments and these are grounded Upon an Error A Writ of Error which is upon an Error in a Court of Record A VVrit of false Judgment which is upon an Error in a base Court Otherwise as Attaint which is to enquire whether a Jury of twelve men gave a false Verdict Audita querela which is for one being or to be in Execution to releive him upon good matter of discharge which he hath no means to plead A TABLE shewing the Pages in the English Copy of Sir Henry Finches Treatise of the Law from whence each Tablet takes it's beginning Table Page 1 77 2 95 3 106 4 111 5 116 6 130 7 134 8 155 9 159 10 164 11 167 12 184 13 190 14 198 15 205 16 These are taken out of the French Copy being omitted in the English 17 18 19 20 206 21 218 22 221 23 225 24 249 25 252 26 264 27 266 28 269 29 272 30 284 31 294 32 303 33 310 34 312 35 320 36 322 37 343 38 490 39 502 40 356 41 390 42 427 43 441 44 446 45 450 46 459 47 478 FINIS
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 iâ— these offices XX A Melius inquirendum upon any other defect iâ— 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 iâ— Livery XXIII An Aetate probanda is to inquire whetheâ— he bâ— 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 delivereâ— to him at once by the King XXV Two being found heirs by one and the saâ—â— title The King shall not make Livery until by enter-pleader the truth be discussed at his full age that waâ— 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 Ousterâ— main XXVIII A presentment is an enquiry finding some 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 soâ—ts first summons and Grand Cape in a real Praecipe quod reddat VII The summons is the warning of the tenant in 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 iâ— 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 procesâ— to attach the defendant by certain of his proper goods being meer personal chattels which he shall forfeit iâ— 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 oâ— 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 shaâ—â— have the benefit of the former Counties XVIII Outlawry disableth him from suing anâ— 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 tâ—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
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 lieâ— in personal actions VIII If the defendant will not plead which is caâ—led a Nihil dicit this in all actions is peremptory 〈◊〉 looseth the action IX So in personal Actions if he appear and afteâ— plea or demurrer joyned make default this is alâ—â— 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 thâ— 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 ofteâ— without the Plaintiffes consent and this is alwayeâ— after the Count. XXVIII After Emparlance he cannot plead iâ— 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 oâ—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 bâ—â— must answer sedente curia XXXI Default after Emparlance is peremptory and looseth the action in all actions reall and persâ—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 thâ— defendant but for either of them against any otheâ— 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 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 nusancâ— Mordancestor Darrein presentment and Juris umeâ— the original writ commandeth a jurie as well as thâ— defendant to be warned which summons to the jurie seâ—veth in stead of a venire facias so that the processe herâ— against the jury is Summons Habeas corpor dâ—stringas XLVII And therefore here upon default afteâ— 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 takeâ— by default CHAP. 43. Commandatorie Judicial processe in the naturâ— of new originals 1. THus far of mesne process Judicial process in thâ— nature of new originals in none of which 〈◊〉 II. Freehold shall ever be recovered but damageâ— 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
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 FINIS STATUTES 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 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 Stâ—tutum de Clero 3. 18 E. 3. If Prelates Clerks beneficed 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 Church-yard 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 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
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 officiâ— 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 bâ— 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 monstrâ—â— 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 withoâ—â— which time the party grieved may have the benefit oâ— the former statute All Letters Patents within the moneth shall be void Stat. 18. H. 6. 6. All Letters patents made of lands oâ— tenements before office found and returned shall bâ— vo d. Stat 1. H. 8. 8. Divers good provisions concerning â—â—cheators Commissioners Jurors and Offices and thâ— 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 Caâ—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 Exchequer or K. Bench for the King a scire facias shalâ— go out against the party and if the King have right 〈◊〉 shall be answered of all the issues from the time of thâ— Escheators first seisiing of the land Stat. 23. H. 6. 17. In a scire facias upon a traversâ— against any Patentee no protection shall be allowed Rule 11. Stat. 28. E. 3. 4 The rents given to theâ— that sue livery when the rent day
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 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 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 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
from a Theef with purpose to favour and maintain him here the punishment is Ransom Imprisonment not assisting the Sheriff Constable or other Officer c. 5 Contempt of Justice as he that flies for Treason or Felony Hee that in case oâ— Treason or Felony tarries the Exigent He that suffers himself to be out-laâ—ed c. 6. Falsifying of Justice as Perjury Subornation Forgery Embracery all other Falshood in matter of Justice c. TABLE 17. 4. Publick Offences against the wealth of the Common-wealth and that may be In the course of Trade as 1. To transport the Commodities of the Realm without the Kings Licence and paying his Custome Fore-stallers Regradors and Ingrossers Monopolies Conspiracies of Merchants false Weights and Measures c. 2 Uttering corrupt Victualls 3. Usury and all Oppression Out of the course of Trade as Depopulation burning of Houses Barns c. TABLE 18. 5. Publike Offences against the Passages of the Common-wealth as Bridges Cawseys High-wayes or Streets broken down or digged up Unto which place may also be referred Common Nusances Purprestures c. Such Nusances any man may abate And as to Nusances there is a VVrit in the Register for any person that will sue when the VVayes Streets or Lanes of any Town City or Borough Corporate or the Suburbs thereof are full of Dirt Soil or the like whereby infection may be caused And this VVrit may be directed to the Mayor or the like to cause them to be cleansed and kept clean There is also another VVrit for removing a Leper to prevent Infection both which VVrits will come hereafter to be mentioned in their proper places TABLE 19. Wrongs or offences punishable by death termed also offences against the Crown are Fâ—lony which is Bare Felony where consider The offence it self which is single as Stealth which is the wrongfull taking of Goods without pretence of Title Man-slaughter Chance medley which is Man slaughter without former malice Murder which is Man slaughter upon former malice Mixt as Robery which is stealth from ones person by assault in the High-way Burglary which is the night breaking of a house with an intent to steale or kill though nothing be stolne or any body killed Other publike Offences occasioned thereby as breaking of Prison wilfull escape of a Felon c. Petty Treason Tab. 20. High Treason Tab. 21. TABLE 20. Petty treason the punishment whereof is burning and it is Generall against mortall Creatures Petty Treason properly so cal-called which is the killing of one to whom private obedience is due Sodomy which is a carnall copulation against nature against God Heresie which is an offence immediately bent against the Majesty of God Sorcery which is a consulting with Devils and containeth under it Conjuring Necromancy and the like More particular in respect of the Kings Prerogative as counterfeiting his Coyn Seals c. to acknowledge any forraign Potentate to bring false money into the Realm counterfeit to the money of England TABLE 21. High Treason which is an offence of the Crown directly bent against the State also to kill the Chancellour Treasurer a Justice of either Bench a Justice in Eyre of Assis oâ— Oyer and Teâ—miner being in their places and doing their Offices is High Treason TABLE 22. The common affection viz. Action whereof consider The places where it is transacted viz. in Courts of Record as The Parliament Courts that have ordinary jurisdiction and they are Generall whose jurisdiction extends throughout the Realm Circumstances as Place where they are holden viz. at Westminster Time when viz in the Term of Michaelmas Hillary Easter Trinity The severall kinds Chancery Kings Bench. Common place Exchequer Within some County Through the whole County The Sheriffs turn The Coroners Court Within Liberties as A Leet A Court of Pipowders Granted by the Kings Letters Patents Courts by the Kings Commissions Courts by Charter in Corporations c. Court Barons The Lord Of a Mannor Of an Hundred The Sheriffs called the County Court The Parts Tab 23. TABLE 23. The parts of an Action are The suit which hath 2. parts viz. The beginning of the suit which hath 2. parts The first matter of the suit For every man By Writ out of the Chancery which is Originall which concerns Common Pleas and so it is Reall whereof consider The Common affections as Tab. 24. The severaâ— kinds Ta. 25 Personall Tab. 31 Appeals Tab. 33. Commissionall Tab 34. By Plaint or Bill Tab. 35. For the King Tab. 36. The Originall Process Tab 37. The Proceeding Tab. 40. The Judgment Tab 46. TABLE 24. The common affections as Possessory to recover a Possession In himself descended from his Ancestor In the Right to recover a Possession mixt in the right In himself descended from his Ancestor TABLE 25. The severall kinds of a reall Originall Writ and so it is A Praecipe A Praecipe quod reddat A Plea of Land A Writ of Entry the severall kinds thereof will best appear if we consider Against whom it is brought viz. Against the first party In the degrees In the Per. In the Per and Cui How is grows viz. without wrong at the first Upon the determination of the first Estate viz. by reason of A particular estate ended Ad terminum qui preteriit Entry ad Communem Legem A Condition broken as Causa Matamonii praelocuti Upon disability of the person that made it Dum fuit infra aetatem Dum fuit non compos mentis Upon a wrong Tab. 26. A writ shewing the Demandants Title Tab. 27. Another reall praecipe quod reddat Tab. 28. A Praecipe quod faciat Tab. 29. A Si secerit tesecurum Tab. 30. TABLE 26. Upon a wrong viz. Upon a discontinuance For the recovery of a womans Inheritance or Free-hold after her husbands alienation and Death as Cui iâ— vita and for heâ— Heir a sur cui iâ— vita Divorce as a Câ— ante divorcium For the Successor of a Bishop or c. after the discontinuance of his Predecessor as a sine assensu capituli An Ouster Upon an Intrusion as a Writ of Intrusion for him in Reversion or Remainder Upon a Disseisin as a Writ of Entry in the Quibus being a Writ in the nature of 21 Assise TABLE 27. A Writ shewing the Demandants Title which is Possessorie as a Writ of Ayel after the death of the Grand-father or Grand-mother Besayell after the death of the great Grand-father or greaâ— Grand-mother Cosinage after the death of the great great Grand-father or great great Grand-mother c In the right A Writ of right in his nature as a Formedon in Remainder Reverter Writ of Escheat Writ of Dower unde nihil habet A Precipe in Capite for the meer right of Lands holden in chief TABLE 28. Another reall Praecipe quod reddat in respect of a Seigniory as A Writ of Right of Ward to recover the Wardship A Writ of Right for Disclaimer for the Lord to prove the Lands to be holden