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
have execution thereof as if no such gift had been made Stat. 3. H. 7. 4. All deeds of gift of goods and chattels made of trust to ones own use shall be void Stat. 13. El 5 Every gift grant bargain and conveiance of lands or chattles or of a lease rent common or other profits out of them and every bond suit judgment and execution had or made for the defrauding of any persons just action suit debt account damage penaltie forfeiture heriot mortuarie or releif shall be void against that person his heires executors c. The parties or privies knowing such a fraudulent gift which shall justifie it to be done bona fide or shal alien such things so to them conveyed forfeit one year value of the lands or profits out of it and the whole value of the goods nad chattles and the sum of such covenous bond and shall have half a years imprisonment This Act extends not to common recoveries nor vouchers in a Formedon nor to any gift c. bona fide and upon good consideration to any person not knowing of the fraud Stat. 27. El. 4. Every conveyance grant charge lease estate incumbrance or limitation of use of lands tenements or hereditaments made for the defrauding of purchasers of the land it self or any part or profit out of it shall be void against the person so purchasing for money or other good consideration and against all claiming under him with penalty as in the former Statute This extendeth not to the avoiding of any grant c. upon good consideration and bona fide If any such conveyance c. be made with a clause of revocation or alteration at his pleasure by writing and after he shall bargain demise sell grant convey or charge the same lands c. for money or other good consideratiâ—n the conveyance not revoked nor altered then such conveyance c. shall be voyd against the bargainees c. and all claiming under them lawfull mortgages only excepted Rule 11. Praecog Reg. 15. 17. E. 2. The Kings gift or grant of land or a Mannor cum pertinentiis â—â—nveyeth not Knights fees advowsons or dowers without expresse words Stat. 1. H 4. 6. In a petition to the King for lands annuities offices c. their value shall be therein exprest otherwise the letters Patents thereupon shall be void Stat 18. H. 6. 1. All Letters Patents which bear not date the day of the delivery of the Kings-warrant into the Chancery shall be void Stat. 34. 35. H. 8. 21. A confirmation of all estates contained by or conveyed from the King within seven years after the fourth of February in the 27 year of his raign notwithstanding any mis-recitall non-recitall c. with divers provisoes c. therein contained Stat. 1. E. 6. 8. Such another Statute for the confirmation of all grants made and to be made by E. 6. from the 28 of January in the first year of his raign and so during his life with such provisoes c. as in the sayd Act of H. 8. Stat. 4 5 P.M. 1. Another like Statute for the confirmation of grants made and to be made to or by the Queen or the King and Queen from the first of July in the first year of her Reign and so during her life with provisoes as in the former Acts. Stat. 18. El. 2. Another like confirmation of al grants made to for or by the Queen or to be made within seven years next after the end of this Session with like provisoes c. Stat. 43. El. 1. Another confirmation of grants made by Qu El. from the eight of February in the 25 yeare of her raign untill the end of this Session and a year after Stat. 21. Jac. 25. The King c. shall not take advantage of Forfeitures against his Patentees before Commission Processe c. Stat. 21. Jac. 29. A confirmation of Leases of the Duchy lands in Cornwall Stat. 1. Car. 2. Such another for Leases thereof to be made within three years CHAP. 3. Rule 6. STat. 32. H. 8. 34. Grants of Reversions may enter upon Farmers for any Forfeiture or condition and have like advantages against them by action onely for any other Covenants condition or agreement eontained in the Indenture of their lease as the Lessors their heirs or successors might And the like for the Lessees against the grantees of reversions Recovery in value only excepted CHAP. 4. Rule 9. STat. 6. H. 8 15. If any make suit to the King for lands offices or other things formerly granted to any person during the Kings pleasure the first Patentee being still in life the last grantee shall expresse in his Petition or pattent the former pattent and the determination of the Kings pleasure concerning the same otherwise the last grant shall be voyd Rule 15. Glocester 7. 6. E. 1. If a woman alien her dower in fee or for life the heir or other person to whom the Land ought to revert shall recover against the Alience in her life time CHAP. 5. Rule 5. MErton 9 20. H. 3. A child borne before Marriage is a bastard albeit the common order of the Church be otherwise Stat. 9. H. 6. 11. No writ shall be awarded to the ordinary to certifie Bastardy before three Proclamations be made in Chancery in three moneths viz once every moneth that all persons who have any thing to object against the party for bastardy shall sue to the Ordinary for that purpose Rule 8. Merton 5. 10. H. 3. Usury shall not run against any within age from the time of the death of his Ancestor whose heir he is unto his lawfull age yet the principal with usury due before the Ancestors death shall be paid notwithstanding this Act. Rule 10. Stat. 32. H. 8. 33. The dying seised of a disseisor with force and without title taketh not away the entry of him and his heirs who at the time of such discent had good title of Entry unlesse the disseisor had peaceable possession by five years next after such disseisin Rule 14 Westm 2. 1 13 E. 1. The will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed so that they to whom the land was given under such condition viz. that if the donee or donees should die without issue that then the land should revert to the donor should have no power to alien the land so given but that it shall rename to their issue after their death or shall revert to the giver or his heirs if issue fail neither shall the second husband of any such woman being donee in tail from henceforth have any thing of the land so given upon condition after the death of his wife by the Law of England neither shall the issue of such husband and wife succeed in the inheritance but immediatly after the death of the husband and wife to whom the land was given it shall returne to their issue or to the giver or his
Sheriffe Rule 30. Westm 1. 17. 13. E. 1. the Sheriffe or Bailifâ—â— may take the power of the County or Baliwick and beat down a Castel or Fortresse where such beasts are inclosed if he that took them will not make deliverance Rule 33. Westm 2. 11. 13. E. 1. Processe of Outlawrie given in an action of accompt Stat. 25. E. 3. Stat 5. 17. Such processe shall be made in a writ of debt and detinue of Chattells and taking of beasts by Capias Exigent as is now used in a writ of accompt Stat. 7. H. 5. 1. In writ against forgers of false charters and muniments like processe shall be made by Capias Exigent as in writs of trespasse Stat. 19. H. 7. 9. Like processe given in actions upon the case sued in the Kings Bench and Common place as in actions of trespasse and debt Stat. 23. H. 8. 14. Like processe shall be had in every action brought upon the statute of 5 R. 2. 7. concerning forcible entry as in trespasse and like processe in every writ of annuity and covenant as in debt CHAP. 38 Rule STat. 25. H. 8 20 for the election nomination presentation investing and consecrating of Arch Bishops and Bishops Rule 32. Stat. 5. R. 2. 2. Prohibits going beyond sâ—â— without licence but it is repealed by 4. Ja. 1. Rule 35. Stat. Carlile 15. E. 2. The Dedimus potestatem shall be directed to two of the Justices or to one Justice and a Knight CHAP. 39. Rule 5. GLocester 5. 6. E. 1. An Action of waste is maintainable aginst tenant by the courtesie in dower for life or years and the party attainted thereof shall lose the thing wasted and recompence the party grieved thrice so much as such waste shall be taxed at Westm 2. 14. 13. E. 1. the processes in a writ of waste shall be summons attachment and distresse and if he come not then a writ unto the Sheriffe taking with him 12 men to go to the place wasted aed there enquire of the waste and upon that waste returned judgement shall be Stat. 11. H. 6. 5. Where the tenants grant over his estate but notwithstanding takes the profits and commits waste an action lies against him Magn Cart. 4. 9. H. 3. The Guardian may not commit waste in pain to lose the Wardship And Cap. 5. must repaire and sustain the houses of the profit of the land Glocester 5 6. E. 1. If the Guardian commit waste and the Wardship lost answers not the damages before the heires age he shall render damages to the heir otherwise Artic. super Cart. 18. 28. E. 1. An Escheator committing Waste upon Wards lands shall answer damages Stat. 36. E. 1. Stat. 1. 13. The heir shall have an action of waste against the Escheator committing waste as well within age as when he is at full age See also 14. E. 3. 13. Westm 2. 22. 13. E. 1. A writ of waste is given for one Jointenant or tenant in common against another wherein the defendant is to be at his choise to take his part in certain and then to have for his part the place wasted or to agree from thenceforth to take nothing more then his Companions do Glocester 13 6 E. 1. Hanging a plea by writ the tenant may not commit waste nor estrepment of the land in demand and if he do the demandant may have awrit to cause the land to be kept that no wast nor estrepment be done CHAP. 40 Rule 2. 36 E 3. 15. Declarations shall be good enough if they have matter of substance though the termes be not apt Rule 10 Westm 1. 46. If a writ of novel disseisin be purchased and the disseisor die before the Assize be pasesed the plaintiffe shall have a writ of entry sur disseisiâ— against his heir The like shall the heir of the disseisin have in case he die c. The nonage of the heir of the disseisor or disseisee shall not prejudice in an Assize If the Inquest pass against the heir of the disseisee he shall have an Attaint gratis Glocester 2. 6 E. 1. Where an Infant is held from his Inheritance whereby he is driven to his writ the Inquest shall passe notwithstanding his non-age Exposition of the Stat of Glocester 26. E. 1. Touching an Enquest to be made for an Infant that Statute shal run without limitation of time Westm 2. 40 13. E. 1. The suit of a woman or her heir in a Cui in vita or a sur Cui in vita after the death of her husband shall not be delayed by minority of the heir who ought to warrant the land Rule 31. Westm 2. 42. Certain cases wherein vieâ— shall not be granted Stat. de visu terrae Essoyne de servitio Domini Regis 12. E. View shall be granted in a writ of Ward in a writ of Customes and services in a writ of Advowson of a Church where there be more Churches then one in a Town and all of one Saint in a writ of Dower and in a nuper obiit Rule 32. West 2 3. The reversioner may be received in default of tenant for life dower curtesie c. If Judgment be given by reddition or default the reversioner shall have a writ of entry after the death of the Terâ—or so shall the heir also where the tenant was tenant in tail Stat de defensione Juris 20. E. The reversioner desiring to be received before judgment shal finde surety as the Court shall allow to answer the value of the issues of the tenant from the day of the receit till judgement if it passe for the demandant Sta. 13. R. 2. 17. The like receit shal be for the reversione upon the faint pleading of such a tenant and he shall plead in chief without delay and the Judges by discretion shall give dayes of grace between the demandant and him that is received without giving the Common day in plea of land unlesse it be by the demandants assent Surety for the value shall be found as before in 20. El. as well where the receit is counter pleaded as where it is granted Glocester 11. Tenant for years shall be received before judgment rendred to say that the Action was by Covin Westm 2. 3 Receipt is given to the Wife in her Husbands life time if he lose her land by default and the tenant that recovered against the husband must maintain his own right Rule 33. Westm 1. 39. What Counter-pleaders are good in Mortdancestor nuper obiit Intrusion and such like actions and also in writs of Entry in the degrees c. See also Stat. de vocat ad warrant 20. E. 1. 1. 4. E. 1. 18. Westm 2. 6. Rule 48. After Sanctuaries were taken away for sundry offences by divers Statutes at last by the Statute of 21 Jac. 28 They were totally annulled Rule 5 3. Glocester 3. The heir shall not be barred of his Mothers Inheritance by the Warranty of the father being tenant by courtesie or alienation without
fine in the Mothers life time excepe he leave Assets Rule 68. Westm 1. 12. Notorious Felons which will not put themselves upon an Inquest at the Kings suite against them shal be put to a pain for t dure as those that refuse to be tried by the law of the Land Rule 70. The Statutes that concern Abjuration are Stat. de Artic. Cler. 10. and 15. 21. H. 8 2. 21. 2. 8 12. 24. but Sanctuaries being taken away that is now also out of use CHAP. 41. Rule 18. WEstm 2. 38. In an Assize there shal be but 14 summoned And men of the age of 70 years continually languishing or sick at the time of the summons shall not be put upon Juries Artic. super Cart. 9 34. E. 3. 4 Juries shall be made of the next people of the Countie Stat. 11. H. 6. 1. None dwelling in Stews shall be of a Jury Stat. 9. E. 3. 5. A Deed pleaded in a Franchise shall be tryed in the County where the action is brought Stat. 2. 3. E. 6. 24. Upon a stroke or poyson in one Countie the party dying in another an indictment and triall may be in the County where he dieth and also an appeal sued there and tryed by 12 men of the same County Likewise the accessories in one County to a murder or felonie in another County shal be indicted arreigned c. in the County where the offence of accessorie is committed Stat. 33. H. 8. 20. The indictment and triall of Lunaticks confessing treason c. Stat. 33. H. 8. 23. The triall of Treason c. confessed before the Lords of the Counsel shal be by commission out of the Chancery Stat. 27 H. 8. 4. and 28. H. 8. 13. Treason Felonie c. commited within the Admirals jurisdiction shall be heard and determined by commission directed to the Admirall and three or four others c. Stat. 32. H. 8. 4. Treasons and misprisions of Treason in wales shall be tried there by such Commissioners as the King shall appoint Stat. 35. H. 8. 2. Treason c. committed out of England shall be tried in the Kings Bench or by Commisssioners c. Stat. 1. 2. P. M. 10. Trials for Treason shall be according to the course of the Common Law Stat 23. E. 33. No Indictors shall be put on Inquests upon the deliverance of Indictees of Felonies or Trespass westm 2. 38 None shall be put in Assize or juries triable in their own County but such as have 20 s. per annum free-hold nor in Assize c. triable out of their County unless they have 40 s. per annum c. Stat. de ponend in Assis 21. E. 1. None shll he put in Assize out of their County unless they have 5 l. per annum now within their County unless they have 40 s. per annum Stat. 2. H. 5 3 Upon triall for the death of a man and betwixt party and party when the debt or damages amount to 40 Marks he shall have 40 s. per annum Stat. 33. H. 8.13 In Corporations 40 l. in good sufficeth Stat. 2. E. 6 32. The 40 s. yearly value must be inferred in the Venire facias Stat 27. El. 6. Such a Jurour shall have 3 l. yearly value Howbeit these two lost Statutes extend not to Corporations Stat. 27. El. 7. The Jurour shall be returned by some addition whereby he may be known Stat. 8. H 4 3. every Jurour returned within the County of Middlesex shall be called the fourth day of the return Stat. 5. E. 3. 10. An Ambidexter shall never be of a Jury more Stat. 34. E. 3. 8. The party or any stranger may sâ—â— him for it Stat. 38 E. 3 12. And both the Jurours and the Embraceours being thereof attaint shall pay ten times so much as they have taken Westm 2. 30. when and how Assizes c. shall be taken in the Country See also Statutum de finibus levatis 4. 21 E. 1. That Enquests thereof being taken shall be returned into the Bench and there judgment shal be given thereupon c Stat. Eberac 3. 12. E. 2. Enquests in Pleas of Land that require too great examination shal be taken iâ— Country before a Justice of the place whe e the plea depends and a Knight there or other c. Stat. 42. E. 3. 11. Nisiprius shall not be granted before the name of the Jurours returned Stat. 14. E 3. 16. The directing of Nisi Prius to be tried in the Countrey Stat. 18 El. 12. Trial of Nisi Prius for Middlesex iâ— the term time or 4 dayes after Rule 19. Stat. â—5 H 8 6. Made perpetual 2 E. 6. 3â— Six sufficient Hundreders shal be returned upon everâ— Jury Stat. 27. El. 6. If two sufficient Hundreders appear in any personal Action it sufficeth Rule 20. Stat. 7. R. 2. 10. An Assize of novel disseisin of rent issuing of tenements in divers Counties shall be in the Confines of the said Counties Rule 22. Stat. 28. E. 3. 3. confirmed by 8. H. 6. 28. In every suit between an alien and a Denizen though the King be a party the one halfe of a Jury shall be Aliens if there be so many in that Visne and if there be not so many then so many as be there not parties Rule 23. Mag Cart. 29 A Peer of the Realm upon an Indictment of Felony or Treason shall be tried by his Peers Stat. 20. H. 6. 9. Duchesses Baronesses Countesses c. sole or married shall be tried in such cases as Peers of the Realm Rule 37. Stat. 22 H. 8. 14. No person arraigned for petty Treason Murder or Felony shall be admitted to any peremptory Challenge above the number of twenty Rule 38. Stat. 35. H. 8. 6. made perpetual 2. E. 6. 32 A Tales may be made up before the Justices of Assize or Nisi prius of able persons of the same County then present at the prayer of the plaintiffe or demandant Stat. 4. 5. P. M. 7. So likewise for the King upon request by any authorized thereunto or assigned by the Court or by the Informer that followes as well for the King as for himselfe Stat. 14. El. 9. Such a Tales de circumstantibus shall be also granted at the prayer of the defendant or Advowant Rule 53. Stat. 21. H. 8. 3. The demand of a thing intire may be abridged before Verdict though thereby the writ become false Rule 60. Magn. Cart. 28. Wager of Law shall not be addmitted without credible witnesses Stat 5. H. 4 8. In actions of debt upon arrerages of accompt faining to the Intent to put the defendants from their law that the same was found before their Apprentices or Servants Auditors assigned therein it shall be in the Judges discretion upon examination of the Attorneis or whom else they please to receive the defendants to their law or else to try the same by Enquest CHAP. 42. Rule 10 c. WEstm 2. 12. In an appeal of the death of