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
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 thaâ— case the justices of G. D. or other justices before whom he is so found guilty or attainted have power to award 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 Reaâ—â— shall be of as great force as an attainder by Parlameâ—â— And the King shall have the real possession of eveâ—â— thing forfeited without inquisition or office saving strangers c. Stat. 29. El. 1. No record of attainder of treason shaâ—â— 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 Realâ— 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 â—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 oâ—â—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 oâ— 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 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 letâ—â—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 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 â—â—mitatus and see it served See 2 E 3. 5. The Stat. of York 5. 12 E 2. Bailiffes of Franchises maâ— deliver their returnes of writs to the Sheriffs by Indeâ—ture and if he change the return the Lord of the â—â—berty and the party shall recover double damagâ—â— Sheriffs and Bailiffs shall set their proper names to 〈◊〉 returnes Stat. 27. El. 12 Every Under-Sheriff Bailiff of
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
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
Frâ—â—chise Deputy Clerk of the Sheriffe c. must take 〈◊〉 oath of Supremacie and another oath for the true spâ—â—dy and indifferent returning of writs and impanelliâ—â— 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 â—â—stat under the great Seal Stat 13. El. 6. So likewise of the Patentees of H. 2. â—â— Qu M.P. M. and Qu. Eliz. and all claiming under them Rule 49. Stat. 14. E. 3. 8. Escheators shall not continuâ— 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 to the yearly value of 26 s. 8 d. and every Indictmenâ— 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 Knighâ— 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 greâ—â— forfeiture to the King Stat. 14. E. 3. Stat. 1. 8. A coroner shal have sufficieâ—â— in the County whereof to answer all people Stat. 28. E. 3. 6. Coroners shall be chosen in theâ—â— Counties of the most convenient and lawfull men â—â—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 â—â—tached and the plea determined before the Kings â—â—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 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 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
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 sâ—â— 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 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 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 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 â—estâ—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 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