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
Chancellour Treasurer a justice of either Bench a justice in Eyre of Assize or Oyer and Terminer being in their places and doing their Offices is High Treason III. Here the punishment is by drawing hanging and quartering for a man and drawing and hanging a woman CHAP. 22. Courts of Record Court Baron County Court I. Thus we have gone through both the parts of the Law there remaineth yet one generall and common Affection scattered throughout the whole law as the blood is through the body which we call Action II. Action is the handling of a cause in controversie before certain Judges who in respect of the place where they are set to do justice are commonly called a Court. III. Of all apparant faults proceeding from the Action the Court must take notice IV. Every Court hath power to award forth precepts and if the precept be not served another of the like nature shall go forth untill it be served V. To every Court do belong Clerks and Officers VI. A Clerk is he that serveth for things to be done in Court VII Any errour that appeareth to the Court to be the Clerks mistaking may be amended at any time VIII Officers are those who are to serve the Courts precepts and to certifie the Court thereof IX Courts are Courts of Record or Court Barons X. Of Record which are the Kings Courts XI These have such credit that no averment can be taken against any thing there entred or done XII Things also that cannot be granted but by deed passe here by matter of Record XIII The King taketh hereditaments by matter of Record onely XIV Villennage beginneth onely by confessing a mans self to be one in a Court of Record XV. Duties of the Testator growing by Record must be answered by Executors before other duties See Bankrupts 34. XVI Courts of Record are the Parliament or Courts that have ordinary jurisdiction XVII The Parliament is a Court of the King Nobility and Commons assembled having an absolute power in all causes XVIII Statuts of restraint binde not the King unlesse they concern the Common-whealth or he be specially named XIX He may license things forbidden by the Statutes XX. But where the Statute saith his license shall be void there it must have a clause of Non obstante viz. this clause notwithstanding any statute c. XXI Courts of Record which have ordinary Jurisdiction are either general whose jurisdiction extends throughout the Realme or but within some Countie XXII The former are those that are holden iâ— Term time only the whole year having four Terms viz. Michaelmas and Hilary Term Easter and Trinity term and every term severall dayes of Return XXIII Michaelmas term begining the 10 of October and ending the 28 of November hath eight Returns Octabis Michaelis Quindena Michaelis Tres Michaelis Mense Michaelis Crastino animarum Crastino Martini Octabis Martini Quindena Martini XXIV Hilarie term begining the â—3 day of January and ending the 12 of February hath four Returns Octabis Hilarii Quindena Hilarii Crastino Purificationis Octabis Purificationis XXV Easter term beginning 17 dayes after Easter and ending the Munday next after Aâ—cension day hath five Returns Quindena Paschae Tres Paschae Mense Paschae Quinque Paschae Crastino Ascentionis XXVI Trinity term beginning 12 dayes after Whitsunday and continuing 19 dayes hath five Returns Octabis Trin. Quind Trin. Crastino Johannis Baptistae Octa. Johannis Baptistae Quindena Iohannis Baptistae XVII To these Courts belongeth the power of sending forth Writs XXVIII A writ is a Latine letter of the Kings in parchment sealed with his seal XXIX All writs have a salutation Rex to such an one salutem and a conclusion expressing the place as apud Westmonasterium c. and the time both day and year of making it if it be returnable the day of the return is also appointed in it XXX The third writ termed the Pluris not served is a contempt XXXI And therefore the third writ hath alwayes this clause in it vel causam nobis significes so may the second termed the Alias also have if the Plaintiffe will XXXII The Officer of these higher Courts is the Sheriffe to whom is committed the custodie of the Countie XXXIII For matters spirituall the Ordinary is their Officer XXXIV These generall Courts are the Chancery and two Benches the Kings Bench and Common place XXXV Chancery which dealeth in suits concerning the King XXXVI Here the judge is the Chancellor having the Custodie of the great Seal of England under which pass all suits out of the Chancery with Teste meipso XXXVII The Kings Grants are also entred of Record in this Court XXXVIII Such grants are effectuall to passe a free-hold from the King without any Livery XXXIX and being Matters of Record they take effect from the time of the Date XL. In default of a Chancellor the Lord Keeper oâ— the great Seal hath his Authority XLI The Keeper or Master of the Rolls is an assistant to his Court. XLII In the Kings Bench and common place thâ— Judges are one Chief Justice and three and sometimeâ— more other Justices XLIII The Teste of their writ is Teste Johanâ— Popham the Chief Justice for the time being XLIV The Kings Bench is that which dealetâ— properly with pleas of the Crown XLV The Common place which dealeth properlâ— with Common Pleas. XLVI The King hath a proper Court of this kind for all things touching his Revenues called the Exchâ—quer XLVII The Judges whereof are called Barons being one chief Baron and three other XLVIII And this also hath a Court of Chancery before the Chancellor and Barons of the Exchequer called the Exchequer-chamber XLIX The escheator here is a speciall Officer anâ— hath a kinde of a Court for finding out the Kings titlâ— to lands tenements and other things L. Those Courts which deal but within some County are the Sheriffes Turn and the Coroners Court LI. The Sheriffes Turn is a Court of Record for offences which are common greivances LII Whereunto every man of the age of 12 yearâ— and upwards being within the Precinct oweth suit and must be there sworn to the Kings allegeance LIII But Peers of the Realm are excepted LIV. The offender here shall be amerced and distrained for that amerciament LV. The Coroners Court is a Court for matters of the Crown as Battery Mayhem Rape Murder c. LVI Upon just exception to the Sheriff processe out of the higher Courts shall be directed to the Coroners LVII The Steward and Marshall of the Kings house have a Court for all personal Actions and pleas of the Crown arising there LVIII By reason of certain Franchises grow two other Courts of Record which deal within some certain Precinct viz. a Leet and a Court of Pipowders LIX A Leet is a Court of Record having the saâ—e Jurisdiction within an hundred or some lesse precinct which the Sheriffs turn hath in the County the profit thereof being to a Common person LX A
c. hath an Interest This Act shall not be prejudicial to Lords and Commoners in any part of wasts not assigned to Drainers c. nor to any Port or Haven CHAP. 9. Rule 3 STat. 19 H. 7. 15. Upon a feoffment made to the use of a Villein the Lord may enter into the land it self Rule 7. Stat. 9. R 2 2. In a suit by a Villein against his Lord the Lord shall not be barred of their Villeins because of their answer in Law Rule 11. E. 61. 6. 16. No office or deputation thereof or of any part thereof which concerneth the administration or execution of Justice or the receit controlement or payment of the Kings money or revenue or any accompt Aulnage Auditorship or Surveying of the Kings Lands or Customes or Administration or Attendance in any Custome-house or keeping of any of the Kings Towns Castles or Fortress being places of strength or defence or any Clerkship in a Court of Record shall be bargained or sold or any reward or agreement of Reward taken for it upon pain that the seller c. shall forfeit all his Interest in such office or deputation c. and the buyer be a disabled person to enjoy the same And all bonds c. to be void as against him by whom they are made Howbeit all Acts executed by any such person offending before he be removed from his Office c. shall remain good This sttatute extendeth not to any Office of Inheritance or to any parkership or to any offices to be given by the Chief Justices of the Kings Bench or Common place or by any Iustices of Assize CHAP. 10 Rule 2. STat. 27. H. 8 24. No subject shall have authority to pardon any felony or any accessories to felony or any outlawry for such offences Nor to make any justices of Eyre Assize Peace or Gaole-delivery All originall Writs Indictments of treason felonie tre passe and processe upon the same shall be only in the Kings name and the Teste in his name that hath the Franchise Every Writ and Indictment whereby any thing is supposed to be done against the peace shall be supposed to be done against the Kings peace onely and not against the peace of any subject the King shall have all fines issues amerciaments and forfeitures lost by any Officers of Franchises for non-execution or insufficient returnes of processe or for any misdemeanour concerning their office with many provisoes in the same Statute CHAP. 11. Rule 4 WEstm 2. 23. 13. E. 1. Executors shall have a Writ of accompt and the action and processe in the same writ as their testator should if he had lived Stat. 4. E. 3. 7. 1. Executors shal have an action for a trespass done to their testator as of his goods and chattels carried away in his life and recover their damages in like manner as he whose executors they are might have done if he had lived Stat. 32. H. 8. 1. He that hath lands tenements 〈◊〉 hereditaments in soccage and none holden by knight-service or soccage in chief may devise all by his waâ— in writing or give all by act executed in his life 〈◊〉 may he that hath land holden by soccage in cheif anâ— other land holden of a common person by soccage and none holden by Knight-service saving to the Kingâ— primer seisin relief suing of the same out of the Kingâ— hands fines for alienation c. and all other dutieâ— for the soccage in chief as before hath been accustomed He that hath lands c. holden by Knight service whether he have any other lands holden of the King or of any other person by Knight-service or orherwise or not may do the like for two parts in three to be divided in certainty for the advancement of his wife or children and payment of his debts saving unto the King the wardship or primer seisin of the third part without any charge dower c. and finds for alienation He that hath lands c. holden by knight-service whether of the king alone by knight-service not in cheif or of a common person or som holden of the king some of a common person and other land in soccage may devise by will or give by act executed in his life two parts of that holden by knight-service and all the soccage saving to the Lord of the land holden by knight-service the Wardship of a full third part thereof without any charge dower c. Provided that every one shall sue his liverie and pay his relief and heriot as if this Act had never been made Stat. 34. 35. H. 8 The former Statute shall be extended to enable devises and other Acts onely by Land in Fee-simple And if the partie that maketh the will or other Act be seized in Coparcenerie or in the common it shal be good for so much as in himselfe of right is The wardship relief primer seisin c. shall be of lands that descend immediatly after the death of him that maketh the will or other act as well in fee-tail as fee-simple And the devise of two parts residue shall be good though it be of all his fee-simples land Such a will shall be good for two parts in case only where two may be devised though it be made for the whole or more then two parts Such wils made by a feme-covert infant under the age of 21 yeares Ideot or one of non-sane memorie shall not be good See also some other things there for the explanation of the former Act of 32 H. 8. 1. Rule 10. Stat. 21. H 8. 4. that part of the executors which take upon them the charge of a will may sell the land devised by the Testator to be sold albeit the other part which refuse will not joyn with them Rule 11. Stat. 25. E. 3. Stat. 5 5. Executors of executors shall have actions of debt accompt and goods carried away of the first Testators and Execution of Statute-Merchants recognizances made unto him And shall also answer for Assets as the first executors should have done Rule 12. Westm 2. 19. 13. E. 1. the Ordinarie shall satisfie debts wherein the Intestate was bound as executors should Stat. 31. E. 3 11. the Ordinaries shall depute next friends of the Intestate to administer his goods who shall sue and be sued and be accountable to the Ordinaries as executors should Stat. 21 H. 8. 5. Administration shall be committed to the widdow of the Intestate or to the next of his blood or to both at the discretion of the Ordinary The Oâ—dinary not doing his duty herein forfeiteth ten pound Stat. 43. El. 8. If any obtain goods of an Intestate fraud as by procuring administration to be granted a stranger of mean estate or not to be found and noâ— upon valuable consideration c. he shall be charge as executor in his own wrong as far as the goods debts extend Rule 20. Westm 1. 4. 3. E. 1. Where a man dog cat escape alive out of the Ship it
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
commeth how sooâ— soever it cometh after the livery Stat. 3â— H. 8. 46. The erection of the Court of Ward And Stat. 33 H. 8. 22. the annexing thereunto the Liveries See the Statutes at large Rule 31. Also for the better preservation of the peacâ— divers wholesome Lawes bean to be framed from thâ— begining of the Reigne of E. 3. for the establishing 〈◊〉 justices of Peace in every County untill at last aboâ—â— the 12 year of R. 2. they were fully setled and haâ— power to keep their Quarter-Sessions which Government Sir Edward Cook hath observed to be the best iâ— the Christian world for the preservation of the Peace And therefore see those Statutes as you shal find theâ— ranked together in divers Books now extant Rule 33. Concerning Informations there are direâ—â— good Lawes made which are now sorted together under the titles of actions popular or Informations in dâ—vers Treatises which treat of the office of a justice oâ— Peace and therefore it is conceived needlesse here tâ— insert them Rule 34 See Officium Coronatoris 4. E. 1. Whicâ— setteth down the whole order how he is to proceed upoâ— inquiries See also Stat de Exonia 14. E. 1. and the aâ—ticles thereunto annexed Artic super Cart. 3. 28. E 1. The Coroner of the couâ—tie shal joyn with the Kings Coroner in inquring of thâ— death of a man in a Kings house Stat. 33. H. 8. 12. The Coroner of the Kings house shall inquire alone without the Coroner of the County by a jury of the Yeoman officers of the Court. CHAP. 37. Rule 10. Stat. 31. El. 3. Upon a summons in a reall action fourteen dayes before the return a Proclamation of the Summons shal be made upon a Sunday after divine Service at the doore of the parish-Church where the Land lieth and shall also be returned with the names of the Summoners And till that done no Grand Cape shall go out but a Alias and Pluries as the case requireth Rule 15. Stat. 1. H. 55. In every original writ of actions personal appeals indictments in which the Exigent shall be awarded to the names of the defendants additions shall be made of their estate and degree or misterie and the Towns Hamlets Place and Counties in which they were or be conversant otherwise all Outlawries thereupon pronounced shall be nul And before these Outlawries be pronounced the said writs and indictments shal be abated by the exception of omitting the said additions Stat. 6. H. 6. 1. All Exigents and Outlawries upon indictments in the Kings Bench of Felony and Treason shall be void if before the Exigent awarded a Capias be not directed to the Sheriff of the County whereof they be named in the Indictment having six weeks space or larger at the discretion of the justices before the return Stat. 8. H. 6. 10. In every indictment or appeal of Treason Felonie or Trespasse after the first Capias returned forthwith before the Exigent another Capias shall be awarded to the shheriffe of the County where by the indictment the party is supposed to abide retâ—â—able before the same Justices c. containing the sâ—â— of three moneths where the Counties be holden 〈◊〉 moneth to moneth and of four moneths where tâ— be holden from six weeks to six weeks by which Capâ—â— the Sheriffe shall be commanded to take his body if be found in his Baliwick If he be not found theâ— make proclamation for his appearance in two Coâ—â—ties before the return of the writ Any Exigent or Oâ—â—lawrie otherwise pronounced shal be holden for noâ— Stat. 10. H. 6. 6 The like is to be observed when 〈◊〉 indictment or appeal taken before Justice of Peâ—â— or other having power shall be removed before 〈◊〉 King in his Bench or elswhere by Certiorari or othâ—â—wise Stat. 6 H. 8. 4. Upon every Exigent a writ to mâ—â— three Proclamations returnable the day of the retuâ—â— of the Exignt and the Proclamations to be made 〈◊〉 two in the full County Court the third at the genâ—ral Sessions shall goe out to the Sheriffe of every othâ—â— County viz. then that where the action is broughâ— where the defendant is said to be or lately to have beeâ— if the Kings writ run there otherwise to the Couâ—â— next adjoyning to that where he is said to be Eveâ—â— outlawry to the contrary shall be avoided by plea. Stat. 37. E 3. 2. A writ Identitate nominis giveâ—â— those whose lands goods or chattels be seized by 〈◊〉 ofheer surmising them to be outlawed where they bâ— not because they bear such names as they who bâ— outlawed for want of good declaration of the Siâ—name Stat. 9. H. 6. 4. A writ of Identit ate nominis shall be 〈◊〉 this case maintainable by executors as well as by the testatoâ— himselfe if he were living Rule 18. Stat. 5. E. 3. 12. where the Plaintiffe hâ—â— recovered damages and he against whom damages are recovered is outlawed at the Kings suit no Charter of pardon shall be granted except the plaintiffe be satisfied for his damages When one is outlawed by pâ—ocesse before his appearance no such Charter shall be granted except he yield himselfe before the Justices from whom the Exigent issued who shall cause the party to be warned to appear before them at a day whereupon if the plaintiffe appear they shall plead upon the first originall as if no Outlawry had been If the plaintiffe appear not and the warning be duely witnessed he that is outlawed shall be delivered by vertue of his Charter Stat. 31. El. 3 Upon every Exigent in a personal action a writ of proclamation shall go out of the same Court to the Sheriffe of the County where the defendant at the time of the Exigent shall be dwelling whereupon three Proclamations shall be made viz one in open County-Court another at the Quarter-Sessions and the third one month at least before the Quinto exact at the door of the parish Church where the defendant shall be dwelling at the time of the Exigent upon a Sunday immediately after Divine Service All Outlawries otherwise executed shall be void But before reversing of any such outlawrie in this respect the defendant shall put in bail not onely to answer the Plaintiffe in a new action but to satisfie the condemnation if the Plaintiffe begin his suit within two Termes Rule 20. Stat. 25. E 3. Stat 5. 14 The second Capias in case of Felony must be returned three weeks after Rule 24. Westm 2. 39 13 E. 1. The Plaintife may averre that the Sherife might have returned greater issues and thereupon shall have a Judicial writ to the Justice of Assize to inquire of what and how great issue he might have answered from the day of the purchase of the writ to the day of the return and the Sheriffe shall be charged with the surplussage not returned Stat. 1. E. 3. Stat. 1. 5. The like averment of too small issues returned given against Bailiffes of Franchises as well as against the
THE BODY OF THE COMMON LAW OF ENGLAND As it stood in force before it was altered by Statute or Acts of PARLIAMENT or STATE Together with an exact Collection of such Statutes as have altered or do otherwise concern the same Whereunto is also annexed certain Tables containing a Summary of the whole Law for the help and delight of such Students as affect Method By Edm. Wingate of Grayes-Inne Esq The second Edition corrected and amended London Printed for H Twyford in Vine Court Middle-Temple and Roger Wingate at the Golden Hynd in Chancery Lane 1655. The Preface THe Summary of the Common Law extracted for the most part out of Sir Henry Finch Knight his learned Treatise of the Law being intended only to present the Original frame of that Law and not capable of comprehending the Rules or Maxims of the several titles of law therein conteined it is conceived expedient here farther to present the same Authors continued method of the same law conformable to that Table which conteins the Rules of law inserted under their proper titles respectively so as the Student by often reading over and fixing in his memory the order and matter of this Treatise may therby attain such a certain notion of the Common Law as may make him apt and ready to apprehend any case may be put him or any Law Book he shall read Howbeit although the Rules here propounded are regularly true and conformable to the ancient Common Law yet they have been and still are subject to be altered by two other Lawes viz the Statute-law and the Law of Reason As for the first it hath been a law framed in all Ages by the Prudence of Parliaments for prevention of Inconveniencies found in the Common Law according to the condition of the people and state of affairs in the several times when it was made a brief Collection wherof viz of so much as alters or otherwise concerns the Common Law is hereunto annexed The other is as ancient as the Creation and comming into the world with man cannot be abrogated this last many times controuls the common Law when in respect of some accidents or circumstances the Judges are constrained to make a construction according to one or more Rules of reason if not against at least varying from a positive Rule of of Law as might be exemplified by many Instances if it were now convenient to insist thereupon but that being deferred to a fitter opportunity the Abstract following invites your serious and indulgent perusal THE BODY OF THE COMMON LAW OF ENGLAND CHAP. 1 The Definition of the Common Law also of the Place where and the Persons by whom it is used I. THe Common Law of England is a Law used time out of minde throughout the Realm II. The Realm of England is divided into Counties in all 39 each County into severall Towns a Precinct which anciently contained ten families called Tithings and ten of those Tithings made a Precinct called an Hundred III. In some Counties Towns and other places of the Realm there be speciall Usages time out of mind differing from the Common Law which are called Customs IV. A County is a part of the Realm entirely governed by one Sheriffe V. Every one ought to be Inhabitant within some tithing and there find sureties for his good behaviour VI. Diverse Towns have Hamlets in them and some speciall places there be out of any Town or Hamlet VII The persons within the Realm are to be considered either as one entire body or as particular persons VIII As one entire body it consisteth of the King and his subjects IX The King is the Head of the Common-wealth immediatly under God X. And therefore the King hath a shadow of the excellencies that are in God in a similitudinarie manner given him as XI Infiniteness XII Perfection XIII Majesty XIV Soveraignty XV. power XVI Perpetuity XVII Justice XVIII Truth XIX He hath also a prerogative in all things that are not injurious to the subject XX. In regard of the King the Queen his wife is participant of diverse prerogatives above other women XXI his subjects are the members of the Common-wealth and are Barons and Commons XXII The Barons are called the Peers of the Realm XXIII All the rest are Commons XIV The particular persons are naturall persons or Bodies Politique XXV The naturall persons are every man XXVI A Body Politique is a body in fixion of Law that indureth in perpetuall succession such is the King alone and by himselfe considered and a Parson called the Rector of a Church XXVII The Parson in regard of his continuall attendance upon that sacred function is freed from all personal charges that may hinder him in his calling XXVIII So is every other Clerk within Orders XXIX To the Parson belongeth the Tenth of all manner of yearly increase XXX Every Parson must be presented to the Ordinarie who is to admit him XXXI And then the Arch Deacon is to put him in possession by delivering the Ring of the Church-door and ringing the Bels. XXXII The Incumbent hath not the meere right in him of land in the right of his Church XXXIII Therefore every act which he doth with such land may be avoyded when he ceaseth to be Incumbent except such as are done by consent of Patron and Ordinarie which bind for ever XXXIV If the Church be void six moneths the Ordinary may Collate or appoint a Clerk of his own and if it be void six moneths after his time then the Metropolitane and six moneths after his time the King may present if the Patron present not before them XXXV when one Church is not able to finde the Cure the Ordinarie by consent of the Patrons may unite it to some other XXXVI Besides those Corporations that were at the Common Law there be diverse other which have grown of latter time by speciall foundation election whereof some are aggregate of many persons viz. of an ead and body Others consist in one single person XXXVII These Corporations are Temporall or Spirituall XXXVIII The Temporall are made by the King as Major and Commonalty also Colledges as Maister and Fellowes c. XXXIX Diverse Towns are so Incorporate before time of memory and are called Boroughs XL. The Spirituall ones were for the most part made by the Pope but had their power to purchase from the King XLI These are also of two sorts viz. Regular or Secular XLII Regular which have entred into Religion professing to vow three things viz Obedience voluntary Poverty and perpetuall Chastity XLIII And therefore these are dead persons in law only their head hath power to purchase or do such other things to the use of the house And of this sort are Abbot and Covent Prior and Covent c. XLIV Secular are such as have not entred into Religion as Bishop and his Chapter Maister of an Hospitall and his Brethren Guardian of a Chappel and his Chaplains c. Also Arch-Deacons and the like XLV
land XI This may be also of a rent or other profit out of land by disturbing him in the means of comming to it as XII In every rent Encloser and Forestaller XIII Encloser is when the tenant incloseth the land so as he cannot come to distrain or demand it XIV Forestaller is when the tenant besetteth the way with force and armes upon his comming XV. Of this nature is the menacing of him when for doubt of some bodily hurt he dare not come XVI In a rent service and rent charge Rescous and Replevin XVII Rescous when either the party having distrained the distresse is rescued or being upon the land to distrain cannot be suffered to do it XVIII Replevin is when an action of Replevin is brought upon a distresse taken XIX In a rent charge and rent seck Denier XX. Denier is when the rent being demanded upon the land is not paid XXV Usurpation is when the Church becommeth full by the presentment of a wrong Paâ—ron and the Institution of the pattie presented by the Ordinary XXII But against the King Induction onely doth it XXIII Of the second sort are Intrusion and Abâ—tement being of a free-hold in Law XXIV Intrusion which is after the death of the tenant for life XXV Abatment which is after the death of one that hath the Inheritance CHAP. 14. Trespass Menaces Assault false Imprisonment Battery Mayhem Rape I. SUch is the nature of an Offence without force II. An Offence with force is a Trespasse or an Offence against the Crown III. Trespasse is a criminall Offence punishable by a Fine to the King IV. For this the party must be imprisoned untill he do compound V. Trespasses touch Possessions or the person VI. Possessions when the wrong is done in them namely in Goods or Lands VII Trespasse in Goods is the wrongfull taking of them with pretence of Title VIII And therefore such a Trespas altereth the property of the Goods IX Trespasse in Land is when the Trespass is done upon the actuall possession thereof X. Beasts and other Chattels may be distrained by him that hath damage by them XI Hither belongeth Ejectment when a Termer for years of Land is ousted XII Here the King having possession none can put him out XIII Trespasses to the person are with pretence of violence or violence in deed XIV Pretence of violence as Menaces and Assaults XV. Menaces are threatning words of beating one or such like through fear whereof ones businesse is foreslowed XVI Assault is an unlawfull setting upon ones person XVII Hither belong lying in wait besetting his Mansion-house and not suffering his Servants to go in and out c. XVIII Violence in deed is false-imprisonment or bodily hurt XIX False-imprisonment is an unlawfull restraint of liberty XX. Bodily hurts are either outward violencies only or Rape XXI Outward violencies onely are Battery and Mayhem XXII Battery is the wrongfull beating of one XXIII Mayhem is the wrongfull spoyling of a member defensive in fight XXIV Rape is the carnall abusing of a woman against her will CHAP. 15. Offences against the Peace I. BEsides these Offences being for the most part twixt party and party there are other Offences to the damage of the publike in the nature of â—respasses and are tearmed Contempts II. These Offences are punished not only by fine but sometimes by corporall pain and sometimes by losse of member III. As the Common-wealth is a body politick which consists of the King as the Head and of his Subjects as the Members thereof so are these Offences to be distributed IV Publike Offences against the King are to disobey the Kings Command by his Writ or Proclamation to disobey any thing ordained by Statute c. V. And therefore the Sherif that serves not the first Writ makes a contempt VI. Publike Offences to the body of the Common-wealth are first those which trench against the domesticall safety thereof as against the heart of the Common-wealth VII which safty consists in this that there be paâ—domi and threfore here the offences are Rebellions Insurrections Riots Routs unlawfull assemblies breach of the Peace and good behaviour false newes Barratrie Eves-dropping c. Also all trespasses with force which may be prosecuted by Indictment as well as by the suit of the party grieved VIII An unlawfull assembly is when above the number of two assemble together with purpose to do some unlawfull act IX Rout when they set forwards to do it X. Riot when they do it in deed XI In the second place come the offences that are against the strength of the Realme and the defence thereof against forraign enemies as against the hands and armes of the Common-wealth XII Of this sort are these to send victual or armour beyond sea in comfort and aid of the Kings enemies To go beyond sea without the Kings license whereby the King and the Realme may be enfeebled c. CHAP. 16. Against Justice I. THe third sort are offences against the justice of the Realm as against the thighes and legs thereof as II. Judges which delay or pervert Justice III. Officers Negligent or corrupt who do not execute their offices as they ought to do IV. Goalers who by fear of punishment cause their prisoners to become provers to accuse others or teach the Lay-people in their custodie to read for the salvation of their lives V. Enditors who give warning to Enditees whereby the Council of the King and the Justices is discovered VI. He that by negligence or voluntarily suffers one under arrest to go at large VII· And here if the arrest be for felonie such voluntary escape is felonie VIII Hither also all manner of extortion in Officers is to be referred IX A Juror that appears and is challenged and afterwards when he is found indifferent and is called to be sworn makes default He shall be fined to the value of his land by the year X. All force against the Justice of the Realm XI The breaking of Prison and here if it be by the party himself it is felonie XII Rescous when a stranger or the party himself disturbes the arresting of a felon or other XIII Affrayes in disturbance of Justice as XIV Such as come forcibly into the Kings Court in affray of the peace so as the Jurors dare not give their Verdict XV. Such as are evil people to beat the people of the Court Jurors of Enquest or any other XVI To go armed in the Kings palace XVII He that strikes a man in Westminster-hall shall lose his right hand XVIII He that strikes a Juror in the presence of the Justice shall have the same punishment and besides shall suffer perpetuall imprisonment XIX Conventicles which comprehend conspirators and confederators XX. Such as receive people to their avowment to maintain them right or wrong XXI Maintenance when a man maintains a suit in law XXII Champarty when he maintains it to have part of the thing sued for XXIII Offences in savour of malefactors as
XXIV Misprisions viz. the concealment of Treason or felonie whereof the first is punishable by perpetuall imprisonment XXV Theft-boot when a man takes his goods from a theif with purpose to favour and maintain him The punishment whereof is ransome and imprisonment XXVI Not assisting the Sherife Constable or other officer XXVIJ Contempt of Justice as XXVIII Such as flie for fear when Treason or Felonie is done by any XXIX Such as in case of Treason or Felonie tarry the Exigent XXX Such as suffer themselves to be out-lawed XXXI The King may imprison the body of him that is outlawed untill he purchase his Charter of pardon XXXII Perjurie and subornation of perjurie XXXIII Forgerie XXXIII All other falshood in matter of justice CHAP. 17. Against the Wealth of the Nation I. THe fourth kinde of publique offences are such as are committed against the flourishing estate of the Realm as against the Colour and sanguine complection thereof II And this in divers manners as well in matter of Traffick buying selling and the like as otherwi c. III. In matter of Traffick buying and selling c. as IV. Practices which tend to make the commodities of the Realm more dear as V. To transport the commodities thereof without the Kings licence or paying his Customes VI. Fore-stallers Regradors and Ingrossers under which all Monopolies are comprehended VII Conspiracies of Merchants Tradesmen and the like who by Combination amongst themselves put certain prices upon Commodities which are to be sold VIII False VVeights and Measures IX Out of the course of Traffick as X. Things which tend to the destruction of the commodities of the Realm as XI Depopulation of Towns and the like XII Burning of a dwelling house or of a Barn neer adjoyning thereunto XIII Burning Corn in a Barn or the like CHAP. 18. Publike Nusances I. IN the sixth and last place are such Offences to be ranked as are committed against the false passages and wayes of the Country as against the feet and toes of the Common-wealth as II. Bridges Cawseys High-wayes Streets c. broken or out of Repair III. To this place common Nusances Purprestures c. may be referred IV. Such Nusances any man may abate V. And as to Nusances there is a writ in the Register VI. Where a Lazer or Leper will go in publike the VVrit de leproso amovendo lyes to remove him out of the company of men to some solitary place CHAP. 19 Felony Fealty Man-slaughter Murther Burglary Robbery I. THus far of Trespasse it remaineth to speak of Offences against the Crown which are criminall Offences punishable by death II. Hire also all the Offenders both Hereditaments and Chattels not only in possession but such also as he hath but a Right to are forfeited to the King viz. III. Hereditaments from the time of the offence and chattels from the time of the attainder onely IV. In these and all other forfeitures the Town is chargable with the goods V. The blood also here corrupted VI. The wife looseth her Dower VII Those that flie for fear of the offence forfeit their chattels to the King VIII Accessories after the fact viz witting maintainers and such as voluntarily suffer one arrested to escape are guilty of the same offence IX Concealing the offence forfeiteth chattels and hereditaments also during life X. Offences against the Crown are felonie or High Treason XI Felonie is an offence of the Crown not immediately bent against the State XII Here the forfeiture of the offenders inheritance is given to the Lord. XIII The King is also utterly to waste the Inheritance XIV Felonie is bare felonie or petty treason XV. Bare felonie is a felonie of the lowest nature and is punishable by hanging XVI This is single or mixt XVII Single as stealth and man-slaugher XVIII Stealth is the wrongfull taking of goods without pretence of title XIX Inne-keepers must answer for goods of their guests stolne XX. Goods confiscated which the theif attainted for stealing another thing disclaimeth to have any property in and waifes viz. which a theif waiveth are the Kings if he seize them before the party from whom they were stolne XXI But if the party from whom they are stolne seize them first or doing his diligence to apprehend the theif convict him afterwards upon an appeale he shall have his goods again XXII The stealing of goods which exceed not the value of 12 d. termed petty Larcenie doth onely forfeit chattels XXXIII .. Man-slaugher is the killing of any person born into the world XXIV But if one live a year after the act committed which was the cause of his death it is not felonie in him that did the Act. XXV The killing of one by chance in doing a lawfull act or in his own defence flying as far as he may to save his life forfeiteth onely chattels XXVI But the killing of one that attempteth to rob him whether upon the high way or when men come to his house and compasse it about to burn it though they do not burn it whereupon he issueth out and kileth one of them is neither felonie nor causeth any forfeiture at all XVII Any unreasonable thing killing a man it and everything moving with it is forfeit to the King and those are termed Deodands XXVIII Man-slaughter is Chance-medly or Murder XXIX Chance-medly is man-slaughter without former malice XXX Murder is man-slaugher upon former malice XXXI He that murdereth himself we call him Felo de se doth onely forfeit his chattels XXXII Mixt felonie is that kind of bare felonie which riseth from the former and it is Robbery or burglary XXXIII Robbery is stealth from ones person by assault in the High-way XXXIV Burglary is the night breaking of an house with an intent to steal or kill though none be killed nor any thing stolne CHAP. 20. Petty-Treason I. THus much of bare Felony Petty-treason is a Felony of an higher nature then bare Felony is the punishment whereof is burning II. This is against mortall Creatures or against God III. Against mortall Creatures as Petty-treason properly so called and Sodomy IV. Petty-treason properly so called is the killing of any to whom private obedience is due as on 's master mistres Husband c. for which in stead of burning a man shâ—ll be drawn and hanged V. Sodomie is a carnal copulation against nature viz. of a man or woman in the same sex or of either of them with beasts VI. Against God is that which is immediatly bent against his Majestie as heresie and Sorcery VII Heresie is a presumptuous oppugning of an Article of faith VIII In case of heresie the party before he can be burnt must be convict in a Provincial Synod and after abjuration make a relapse into the same or some other Heresie IX Sorcery is a consulting with Devills and containeth under it Conjuring Necromancy and such like CHAP. 21. High Treason I. High Treason is an offence of the Crown directly bent against the State II. Also to kill the
as Assumpsits for an assumption or promise to be performed and the like XII This lieth not against Executors XIII Here and in all other actions of trespasse upon the case the writ must comprehend all the matter oâ— substance XIV The other that break the peace but not 〈◊〉 are called trespasses against the peace XV. And of this kinde are especially of the nature of such a trespasse an action of deceit and an action oâ— conspiracie XVI An action of deceit is upon any deceit committed XVII Here if it be upon a non-summons in a plâ—â— of land whereby he looseth the land by default or sucâ— like it must be brought during the life of the Summoners XVIII In a writ of deceit the Plaintiffe shall recâ—ver all that he hath lost XIX Conspiracie in the nature of a trespasse upon conspiring by many to prejudice a man wronâ—fully XX. Such are trespasses without force is an Action 〈◊〉 trespasse coupled with force is an action of trespasse foâ— a trespasse done XXI An Action of trespasse brought in a Court Baron must not suppose it to be done by force and armes XXII And therefore no Capias lieth there in such case XXIII Speciall actions of trespasse are these that follow XXIV De Parco fracto for taking distresse out of the Pound XXV Rescous for taking a distresse away before it be impounded XXVI Ejectione firmae when lessee for years of land is ousted where the term it self shall be recovered if it be not past CHAP. 33. Appeal I. THese are Common Pleas an Appeal that concerneth life is the parties private action prosecuting also for the Crown in respect of a felonie II. Appeals of the death of a man are given to the heir of the party slain CHAP. 34. A Writ of right Patent and justicies I. THus far of original writs Commissional are these which are not returnable but determinable before the parties to whom they are directed II These are Commissionary or meer Commissions III. Of the first sort are those that give authority to a Court Baron to hold plea. IV. Here the suitors are the Judges not the Sheriff or Steward V. These are a writ of right Patent or a Justicies VI. In both these the same course is holden as is those that went before VII A writ of right patent is a writ for the meeâ— right of Tenements holden of a common person to be brought in the Lords Court of that Mannor VIII If he hold noe Court or otherwise yield hiâ— Court to the King for that time then it may be in the Kings Court with this clause Quia B. capitalis Dominâ— nobis inde remisit curiam IX This writ must shew by what service the land iâ— holden X. The writ remaineth alwayes with the party hiâ—self XI If one privie in blood not past the third degree enter after the death of the ancestor that died not seiâ—ed in such case a writ of right patent is called a wrâ—â— of right de rationabili parte terrae XII A woman that hath received part of hâ— Dower shall have a writ of right of Dower patent foâ— the remnant whereof she is to be endowed XIII A Justicies is a writ that giveth the County Court power to hold plea. XIV And therefore it t s called a Viconte writ oâ— this sort are XV. An Assize of petty nusance where a mill oâ— such like is levied to ones nusance XVI All of them are comprehended in these Verse rica ca _____ gultum ges lendinum Fab fur porta domus vir gur mo murus ovilâ— Et pons traduntur haec vicecomitibus XVII Admeasurement of Dowerby the heir wheâ—â— his Guardian or himself endowed the wife in his noâ—â— age of more then she ought to have XVIII Admeasurement of pasture by a Commoner whom another Commoner wrongeth by putting iâ— more Beasts into the Common then he should XIX Here all the Commoners shall be admeasured XX. A nativo habendo for the Lord that hath an Inheritance in any Villein when his Villein departeth away from him XXI Here if the Villein plead that he is frank the Sheriff cannot proceed XXII Rationalibus divisis for that Lord whose land or waste hath by little and little been incroached upon within time of memorie until now by a Lord whose Seigniory adjoyneth in another ville against the Lord so incroaching XXIII A homine replegiando for one imprisoned or in prison deteined where he should not XXIV A Replevin for goods or chattels distreined XXV This may be both by writ and plaint in any Court Baron as well as in the County Court XXVI This being by plaint it shall not proceed if any thing touching the freehold come in question XXVII Upon the pluris not served by the Sheriff his power is determined and the parties shall plead in Bank XXVIII Many of the actions that went before both for real things to be done as Consuetudinibus servitiis secta ad molendinum Quod permittat Mesne Dower unde nihil habet And also personal actions as annuity debt detinue accompt covenant trespasse to what summe soever may as well be brought in the County by Justicies as to be returnable in the Common Place XXIX Meer Commissions are these that follow being all of them to be directed to choice persons such as it shall please the King XXX Oyer and Terminer to heare and determine upon some heinous offence committed XXXI In these and such like commissions lie properly a writ of Association and Si non omnes XXXII Association is a writ for other to be associate into their company XXXIII Si non omnes is a writ for the rest to proceed although the other come not XXXIV Ad quod damnum to enquire what hurt it may be to the King Country or any other for the King to grant such or such a thing XXXV Perambulatione facienda to enquire of the bounds of 2. Seigniories or â—ownes where an incroachment by little and little is supposed to have been made XXXVI This must be by the mutual assent of both Lords CHAP. 35. Plaints and Bills I. SO far of writs it followeth to speak of Plaints and Bills both being in such Courts as hold pleâ— without original writ II. A plaint is in matters that concern Common pleas III. A Plaint of trespasse in a Court Baron shall not proceed if the freehold come in question IV. A Bill is in pleas of the Crown as an appeal of felonie mayhem rape c. may be by Bill before one Coroner of the County finding first sureties to the Sheriffe V. One whose attendance is necessary in any Court shall sue and be sued there in form of Plaint which is called a Bill of Priviledge CHAP 36. A Quo Warranto Office Indictment I. THe King hath a speciall means of suit for trying of the right of Franchises usurped upon him called a Quo Warranto and is to be brought before the Justices in Eyre II An Enquiry for the King is when
original processe is that which is so by his goods as for want of goods resort may be made somtimes to his land and somtimes to his person and somtimes to both XXIII Those of the first sort are in all other real actions and in all personal actions except trespass and offences against the Publique and in all Justicies Summons by the goods Attachment or a Pone per vadios c. and a distresse infinite XXIV Distresse infinite is a processe to distrein him continually after till he do appear by certain of his goods and profit or issues of his lands which he loseth if he appear not XXV Upon his distresse must be returned in issues the value of all his lands from the Teste of the writ until the day of the return XXVI With these issues the land is chargable XXVII In such processe as these if the defendant be a beneficed Clerk he must be warned by his person or land if he have any Lay-fee otherwise processe shall go out to the Ordinary to make him appeare by the issues of his benefice XXVIII Here also if upon the summons a nihil be returned viz. that the party hath nothing whereby to be summoned in such case there shall issue forth a continual Capias XXIX But a Capias lieth not here against a Peer of the Realm because by common intendment he must have free-hold XXX In a Replevin in the County Court if the goods be conveyed away so as at the tenants suit they connot be restored processe of withermâ—â— â—ieth which iâ— for the Plaintiffe to have of the otheâ—s goods until restitution of his own XXXI Those of the second sort arâ— in all trespasses upon the case and in all offences in the nature oâ— trespasses upon the case an Attachment distresse inâ—nite and upon nihil returned a continual Capias as before XXXII Here for contempts a Capias lieth againsâ— Peers of the Realm XXXIII Those of a third sort are in trespasse 〈◊〉 and offences against the publique Attachment distresâ— infinite and upon nihil returned three Capias Exigeâ—â— and Outlawry CHAP. 38. Improper Original processe Commandatorie I. THus far of proper original writs which begin aâ— Action besides which there are certain other â—riginals out of the Chancery which are not deductory to bring any matter into plea or solemn action but only commandatory or prohibitory to do or to leaâ—â— something undone II. Upon these writs no processe lieth and therefore they may be termed Improper Originals III. The Commandatory writs of this nature anâ— these that follow IV. De Dote assignanda which is for the wife of the Kings tenant when the King is entitled by office 〈◊〉 land where she is dowable V. This writ is alwayes directed to the Escheator anâ— may be either to deliver her such part of her land as iâ— already assigned to her in the Chancery for her dowerâ— or for the Escheator himself to assign her part unto her VI If her husband held in cheif then she must first take an oath in the Chancery not to marry without the Kings license VII De Homagio capiendo which is for the tenant by Homage Ancestrel to compel the Lord to receive his homage VIII De scutagio habendo for the Lord to have Escuage of his tenants by Knights-service when the same is due upon a Voyage Royal c. IX De auxilio ad filium suum militem faciendum filiam maritandam for the Lord to have such aid of his tenants where it is due X. De Corodio habendo to have a Corodie for his servant XI De annua pensione habenda to have a pension granted to his Chaplain until he be promoted to a benefice XII De libertatibus all ocandis for one single person or bodie corporate in pleaded before the Kings Justices to have the liberties formerly granteâ— unto them to be allowed XIII De executione judicii to have a judgment executed and this is a Justicies XIV De restitutione temporalium where the temporalties before seized into the Kings hands are to be restored to a Prior or Bishop elect and consecrate XV. De securitate pacis for him that is in fear of corporal hurt or of the burning of his houses to be secured of peace in that behalf against the party whom he feareth where a corporal oath must be taken by him that standeth so in fear XVI De vi laica removenda to remove all Lay-force in any Church XVII Of cleansing streets to have the wayes streets and lanes of a Town corporate to be made clean when they be apt to cause infection by their nastinesse and stench XVIII De leprosâ— amovendo to remove a Leper or Lazer that will come abroad from the company of men to some solitary place of abode XIX De excommunicato capiendo upon a significavit viz. the Ordinaries certificate iâ—to the Chancery that one excommunicate standeth out 40 dayes to imprison him until he satisfie holy Church And this writ also is a Justicies XX. De excommmunicato deliberando to deliver him out of prison when the Church is satisfied XXI De cautione admittendâ— when one taken by an excummunicato capiendo offereth sufficient pledge or caution to obey holy Church which is refused to have that caution addmitted and to be delivered XXII De heretico combuâ—endo to cause one convicted for an heretique to be burnt XXIII De coronatore eligendo to choose a Coroner in full County by the free-holders of the County XXIV De coronatore exonerando to discharge a Coroner of his Office upon just cause XXV This writ is directed to the Coroner himself XXVI De electione viridariorum Forestae to chuse a Verdor of the Forest XXVII De â—exoneraeado viridario Forestae to discharge a Verdor of the Forest XXVIII Conge d'eslire to Dean and Chapter oâ— such like to chuse their Bishop XXIX A writ for the Royall assent to signifie to the Ordinary his assent to the election of an Abbot c and to will him to execute that which belongeth untâ— him XXX This is alwayes directed to the Ordinanâ—â— himself XXXI De securitate invenienda quod non se â—â—vertat in partes exteras sine licentia Regis to compel onâ— to find sufficient mainpernors in a reasonable sum oâ— money not to go in forreign parts without the Kings license nor any thing there to attempt in contempt or prejudice of the King or hurt of the people nor to send any thither for any such cause XXXII All Dedimus potestatems the principal of which are these that follow XXXIII Dedimus Potestatem to give the Kings Royal assent to the election of an Abbot or the like made or to be made and to signifie so much by his letters to the Ordinary that he may do that which belongeth to him and to receive fealty c Commanding the party to do the premises XXXIV Dedimus Potestatem de fine levando to certain persons to take the acknowledgment of a fine out
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
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
every Accomptant or him that receiveth money for the Queen or her successors to be imployed to the use of the Queen c. shall be extended in the nature of a Statute staple for the payment of the arrerages Or the Queen c. if he do not satisfy within six moneths after the arrerages found may sell his land and the party may have the surplussage to be delivered to him by him that received the money upon the sale without further warrant This sale to be of any land whereof it is found by Inquisition that the Accomptant taketh the profits with Inquisition if it be true after traverse of the office and that found for him he shall have his land againe without any petition livery or Ouster le main Here if any such buy land with the Queens treasure and pay not the arrerages as before the Queen shall seize and retain the land according to the rate that the party had it This Act extendeth not to such officers as have used to disburse money immediatly after their accounts past as the treasurers of War Garisons Navies c. unlesse the Queen c. command present pay Neither doth it extend to Accomptants whose whole Receit exceedeth not 300 l. not to Sheriffes Escheators or Bailiffes of Liberties The Queen c being satisfied by sale of land the sureties shall be discharged for so much and if any remain yet unpaid the sureties shall pay the residue ratably according to their abilites Stat. 2 7. El. 3. the Queen c. may make sale of the accomptants lands c. as wel after his death as in his life time and as well where the accompt was made and the debt known within eight years after his death as in his life time Provided that after the Accomptants death and before the lands be sold a fcire facias shall be awarded to garnish the heir to shew cause why the lands c. should not be sold c. whereupon if the heir upon such Garnishment or two nihils returned do not prove unto the Court that the executors or administrators of the accomptant have sufficient then ten moneths after such two nihils or garnishment returned the lands c. shall be sold and disposed according to the Stat. of 13. El. 4 Nevertheless the heirs sale bona fide and upon good consideration before the scire facias awarded shall be good to him that is not consenting to defraud the Queen c. This Act shall extend to all Officers of Receipts and Accompts to the Queen and to none other The heirs lands c. shall not be sold during his minority but at any time within eight years after his ful age they shall be liable as aforesaid If the Accomptant or debtor had a Quietus est in his life time that shall discharge the heir of debt Stat. 7. Ja. 15 No debt shall be assigned to the King c. by any debtor or accomptant other then such debts as did before grow due originally to the Kings debtor or Accomptant bona fide All Grants and Assignments of debts to the King c. contrary to the true intent of this Act shall be void Rule 15. Marlbr 23. 52. H. 3 Attachment given in an Action of Accompt against Bayliffs that withdraw themselves and have no lands or tenements to be distrained by Westm 2. 11. 13. E. 1. He to whom the accompt is to be made may assign Auditors to take it who may immediately commit to the next Gaole the Accomptant being found in arrerages till he fully satisfie wherupon the Accomptant finding himself grieved may bring the matter by a scire facias before the Barons of the Exchequer CHAP. 32. Rule 22. WEstm 1-20 3. E. 1. Trespassers in parts and Ponds attainted at the suit of the party besides making large amends according to the trespass and fine at the Kings pleasure shall have three years imprisonment and finde good surety not to commit the like trespasse And if he cannot finde surety he shall abjure the Realm Being a fugitive and having no lands or tenements whereby to be justified he shall be proclaimed from county to county and if he appear not outlawed Stat. 5. R. 2. 7. None shall enter into lands or tenements by force in pain of Imprisonment and ransome at the the Kings pleasure Stat. 15 R. 2. 2. When forcible entry is made into lands or Church-livings one or more Justices of peace taking sufficient power and going to the place so kept by force may commit the offender to the next Gaole there to remain convict by the Justices record till he hath made fine and ransome to the King and herein the Sheriff and all others shall be assistant in paine of Imprisonment and great fines making Stat. 8. H. 6. 9. The Statute of 15 R. 2. 2. shall be duely put in execution both against forcible entry and forcible detainer though the entry was peaceable When complaint of any such entry or detainer shall be made to any such Justice or Justices of peace he or they by precept shall command the Sheriffe to summon a sufficient Jury and having by them made inquiry of the force committed shall cause the tenements to be reseised and that as well in the absence as presence of the party offending And here the alienation of tenements so entred into or detained by force for maintenance shall be adjudged void Howbeit this Act shall endamage none where peaceable possession hath been enjoyed three years Stat. 31. El. 11. There shall be no restitution upon an Indictment of forcible entry or detainer where the defendant hath been three years next before in quiet possession and his estate therein ended Stat. 21. Ja. 15. Vpon force or detainer as aforesaid a Justice or Justices of peace have power to give restitution of possession as well unto tenants for years by Elegit Statute-Merchant or staple copiholders or Guardians by Knight service as unto such as claim freehold or Inheritance Merton 6 20. H. 3. A Lay-man ravishing or marrying a Ward within 14 years of age shall be imprisoned besides losse of the value of the marriage Westm 2. 35. 13. E. 1. A strict Law against one that taketh away a Ward CHAP. 33. Rule 2. MAgna Cart. 34. 9. H. 3. A woman shall have no appeal but only of the death of her husband Glocester 9. 6. E. 1. An appeal of the death of a man must be brought within the year Stat. 3. H. 7. 1. One acquitted upon an indictment of Murder or man-slaughter or as accessory shall not go at large without good bayl untill the year and day be past within which time an appeall may be brought if no Clergy be had before and all advantages therein saved as if the acquittall had not been CHAP. 34. Rule 17. 18. WEst 2. 7. A guardian may have writ of admeasurement of dower howbeit the heir at full age shal not be barred by that suit if the guardian did follow it faintly In
Writs of admeasurement both of Dower and Pasture after the great distresse proclamation shall be made two County dayes whereupon if the party come the plea shall proceed if not admeasurement shall be made in his default Westm 2. 8. 13. E 1. when the same party after admeasurement another time surchargeth the Common a writ to enquire of that second surcharge shall go 〈◊〉 either judiciall if the former admeasurement were before the Justices or otherwise Originall out of the Chancery and the beasts surcharging the Common or their value shall be answered to the King Rule 24 c. Marlbr 21. 52. H. 3. The Sheriff may replevin beasts not only without but within a liberty also if the bayliff of the liberty will not do it Westm 2. 2. 13. E. 1. The sheriff or bayliff shall take pledges of the plaintiff before they make deliverance of the beasts not only de prosequendo but for return in them if a return be adjudged he that taketh pledge otherwise shall answer the price of the beasts Upon a return awarded to the defendant the writ de returno habendo shall have this clause that the Sheriffe shall not deliver them without writ wherein mention shall be made of the Judgment and thereupon he may if he will hare a judicial writ to the Sheriffe to deliver him the beasts but if afterwards the Plaintiffe desire to replevie his Beasts again he shall have a Judiciall writ viz a writ of second deliverance that the Sheriffe taking surety for the suit also for the beasts to be returned or their price if return be awarded shall deliver the beasts before returned and the distrainor shall be attached to come before the justices at a certain day and if he that replevied make default or for some other cause return of the dissresse is awarded being now twice replevied the distresse shal afterwards remain irrepleviable Stat. 1. 2. P.M. 12. Every Sheriffe of a Shire being no City shall at his first County-day or within two moneths after receit of his patent proclaim in the shir-town four deputies at least dwelling not past 12 miles one from another which in his name shall make Replevins as the Sheriffe might do himselfe Rule 30 Stat. 2. E. 3. 3. Commissions of Oyer and Terminer shall be only granted to the Justices of the one Bench or other or to Justices errants CHAP. 36. Rule 1. STat de quo warranto 18. E. 1. Pleas of quo warranto shall from hencforth be pleaded and determined in the Circuits of the Justices See also Stat de quo warranto novum Rule 3 c. Stat. 36. E. Stat. 1. 13. No Escheator shall take enquests of office but indented between the Jurours and him otherwise they are void Stat. 33. H. 8. 22. No Escheator shall sit virtute 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
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
a man no Essoin shall li◠for the Appeallor Westm 1. 41. In Assize and Juries utrum after the tenant hath appeared he shall be no more essoyned so it is also for demandants in an Assize by Westm ◠28. westm 1. 42. Perceners or Jointenants in a Praecipe against them shall have but one Essoin so likewise for a man and his wife by the Stat. of Glocester 10. Stat. 9. E. 3. Stat. 1. 3. In a writ of debt against executors they shall have but one Essoin before and another after appearance Westm 2. 27. No Essoin is allowed after day given by prece partium Marlbr 13. After a man hath put himselfe upon an Inquest he shall have but one Essoin wessm 2. 17. After one hath put himselfe upon an Inquest an Essoin shall be allowed him at the next day but never after Marlbr 19. None shall need to swear to warrant 〈◊〉 Essoin Westm 1. 43. The Demandant may aver against an Essoyn of being beyond Sea Westm 2. 17. He may aver that the tenant is not sick nor in such plight but that he come before the Justices c. Stat. 5. E. 3. 7. Essoyn of the Kings service or protection shall not be allowed in Writs of Attaint Stat. of Essoyns 12. E. 3. 2. See many particular Cases where Essoyns lie not Rule 16. Stats de Anno Bissextili 21. H. 3. The day increasing in the Leap-year and that going before shall be accounted for one day Dies communes in Banco 51. H. 3. Dayes given in Writs shall have 9 returns Dies communes in Banco and 32. H 8. 21. Common dayes shall be given in reall actions 9 returns In Writs of Dower 5 returns Malbr 12. In Dower unde nihil habet 4 or 6 dayes shall be given in the year In Assizes of Darrein presentment or Quare impedit from 15 dayes to 15 dayes or from 3 weeks to 3 weeks as the place shall be neer or far Stat. 5. E. 3. 6. 7. In an Attaint 5 dayes at least Rule 17. Stat. 1. E. 6. 7. By death of the King no Action Suit Bill or plaint shall be discontinued or put without day but shall proceed as if the King had lived Rule 39. Stat. 14. E. 3. 14. The manner of search in suit by petition Rule 43. 27. El. 7. A Iuror shall not be returned without a true addition of the place where he dwels and some other addition wherby he may be known Stat. 35. H. 8. 6. What issues shall be returned upon Jurors Stat 2 3. E. 6 32. If the principall Jury appear not fully at the nisi-prius those that make default shal forfeit their issue though the Jury be made up de Circumstantibus CHAP 43. Rule 20. STat de consultatione 24. E. 1. A Consultation shal be awarded by the Chancellor or cheif Justice upon sight of the Libel at the Instance of the Plaintiffe Stat. 50. E. 3. 4. Upon a consultation the Ecclesiastical Judge may proceed notwithstanding any other prohibition so the matter of the Libel be not enlarged or changed Rule 23. Westm 1. 15. Persons outlawed and such as have abjured the Realm Provers and such as be taken with the manner Ptison breakers Theevers openly defamed and known Appellees by proven during the life of such provers house burners Counterfeiters of the Kings Seal and coin Excommunicate persons manifest offenders and Traitors are not bailable c. other Statutes that concern Bail are 3. H. 7. 3. 1. 2 P. M. 13. and 3 P. M. 10. CHAP. 44. Rule 3. West 2. 5. When the parson of any Church is disturbed to demand his Tithes in the next Parish by an Indicavit the Patron shall have a Wtit to demand the Advowson See Stat. pro Clero 18. E. 3. 7. 47. Rule 6. Stat. 25. E. 3.18 The Lord may seise the body of a Villain notwithstanding that a writ de libertate probanda be hanging Rule 10 Stat. 5 E. 3. 7. No protection shall be allowed in Writs of Attaint Rule 12. See Stat. 13. R. 26. The Statute of Protection 1. R. 2. 8. Rule 14. A Creditor shall have an Action and Judgement against the Kings Debtor notwithstanding such a Protection but not execution unlesse he take upon him to pay the King and then he shall have judgement and execution of both debts as well of that due to the King as to himselfe Rule 16. West 2. 17. He may aver that he is not sick c. vide supra Cap 42. Ru. 10. CHAP 45. Rule 7 STat. 14. El 8. Every fraudulent recovery against Tenant for life wherupon the Tenant for life is vouched shall be void against the Reversioner or him in remainder unlesse it be by his own consent appearing of Record Stat. 21. H. 8. 15. Termers for years or such as are in by Execution of Statute staple Statute Marchant or Elegit may falsifie recoveries for their own term only as Tenants of the Freehold might have done at the Common Law Rule 13. 25. H. 8. 3 revived by 5. 6 E. 6 10. One arraigned upon an Indictment of petty Treason wilfull burning of houses murther robbery or other felony according to the meaning of the same Statute if he stand mute of malice or forward minde or challenge peremptorily above 20 or will not directly answer shal lose his Clergy in such manner as he should if upon the arraignment he had been found guilty Stat. pro Clero 25. E. 3. 4. None convict of petty Treason shall have it Stat. 8. El. 6. Not in Rape Ravishment or Burglary nor in the carnal abusing of a woman within ten years of age Stat. 25. H. 8 6. 5. El. 17. Nor in buggery Stat. 5. E. 6 9. Not for robbing a dwelling house booth or tent c. Stat. 4. 5. P. M. 4. Nor for accessaries before the fact in petty treason murther or robbery in an house or in or neer the high way or for the wilful burning of dwelling house or a barn with Grain Stat. 25. H. 8. 3. 5. E. 6. 10 He that doth a Robbery or Burglary in one County and is taken with the goods so robbed or stoln in another County shal lose his Clergy there as he should do where the Robbery or Burglary was committed Stat. 4. H. 7. 13. 1. E. 6. 11. It is grantable but once to one person unlesse he be within orders Stat. 4. H. 7. 13. He that askeh his Clergy the second time shall at a certain day bring his Letters of order or a Certificate Stat. 4. H 7. 18. He that hath his Clergy shall be marked in the hand viz. with a M if he were convict of Murder with a T if he were convict of other felony Stat. 1. E. 6. 12. A Lord of the Parliament in all Cases where Clergie lieth at the Common Law or is restrained by Statute shall upon his prayer be adjudged as a Clerk convict though he cannot read Stat. 1. El. 4. 18. El 7. After purgation he
Leviable by distresse as A Seigniory which is a Service whereby Land is holden and such Services are Common to all certain Estates Fealty Rent service Hither also may be referred Frankalmoigne and Divine Service Proper to Inheritance Generall Homage Suit of Court Particular whereby Lands are distinguished The Services themselves Soccage Knight-seâ—vice In the Lords life-time as reasonable Ayde After his death as Wardship and Releif A Rent charge which is a Rent with liberty to distrain upon the Grant or Reservation of a certain Rent to be issuing out of Land Such as cannot be distrained for Tab. 8. The persons Tab. 9. TABLE 8. A bare Hereditament concerning Land for which no distresse can be taken is Rent-seck which is a Rent without liberty to distrain Common which is a profit to be taken in anothers land whither also may be referred Estovers Houseboot c. Also a way over Land liberty to Fish Hunt draw water or the like TABLE 9. A bare Hereditament that concerns the person is Of the person himselfe as a Villaine By reason of the person viz. An Annuity which is a yearly Rent to be had of the person of the Grantor A Corody which is a portion for ones sustenance or cloathing An Office which is a duty of attendance upon a charge TABLE 10. A Prerogative hereditament which is derived from the Kings Prerogative and is termed a Franchise being a Royall priviledge in the hands of a Subject as Markets Fairs Toll and whatsoever liberties else which created at first by the Kings special Grant or of their own nature belonging to him are given to a common person to have an estate in Of this sort also are Execution and return of Writs forfeited Recognizances Fines Post-fines Issues Amerciaments and other Green wax money within such a Precinct or Liberty Also power there to make a Coroner Clerk of the Market and other Officers to have therein Treasure Trove Deodands Wreck of the Sea Waifes Estrayes the goods of Felons and outlawed persons Royall mines Royall Fish to keep a Leet to take Conusance of Fines to hold plea of debts and damages Sans summe and the like TABLE 11. A Chattel wherein their cannot be several Estates whereof consider The common Affection viz. That all ones own Chattels whether in possession or action as debts c. may be devised by Testament which is the appointment of an Executor to administer them for him after his death The severall kinds and so it is Reall as a Term for years or Wardship Personall to which divers things belong In generall Bailment which is the delivery of goods To keep when only the custody is committed to him and that is A simple bailment when he receiveth them to keep for another A Pledge when he receiveth them for another thing had of him at the time To employ as when the Bailee hath the things to use for anothers profit Contract which is a mutuall agreement for the very property of Personal things In particular viz. for the Interest of things uncertain as Accord which is an agrement of the parties themselves upon satisfaction executed Arbitrement which is an Award of satisfaction by others TABLE 12. Punishment of Offences which are Without force as Trespass upon the Case Common as Misuses when by wrong one is endamaged as by slander or the like amongst which serve Disturbance which is the hindring of that which belongeth to one to do Nusanee which is an annoyance done to ones Hereditament Deceit when the damage groweth by an undue sleight or the like Conspiracy to do one wrong or the like Offences in the nature of Trespasses upon the Case which are by the Kings Prerogative punishable like to them viz. by amerciament as Non-suit in an action Fault in the Original Writ he brings Or by the Sheriff in the return thereof making default when he should appear And whatsoever other Offences not being with force which offer no direct injury to a common person Reall wrong Tab. 13. Coupled with force Tab. 14. TABLE 13. A reall wroÌ„g is Discontinuance when one having an Estate Tail or Fee-simple in anothers right maketh a large Estate of the Land then he may Ouster when one is put out of his Free-hold Indeed as by Disseisin of Land when one is put or held out by a forcible Entry Detainer Rent as In every rent by Incloser Forstaller In rent service rent charge by Rescous Replevin In rent-charge rent-seck by denyer Usurpation when the Church becometh full by the presentment of a wrong Patron In Law as by Intrusion which is after the death of the Tenant for life Abatement which is after the death of one that had the Inheritance TABLE 14. Wrongs coupled with force and they are Not punishable by death Trespasses and they touch Possessions as in Goods which is the wrongfull taking of them with pretence of Title Land when it is done upon an actual possession thereof The person and so Trespasses are With preteÌ„ce of violence as Menaces which are threatning words of beating one or the like Assault which is an unlawfull setting upon ones person With violence indeed as False Imprisonment which is an unlawfull restraint of liberty Bodily hurts and they are Outward violencies Battery which is the wrongful beating of one Maime which is the wrongful spoyling of a member defensable in fight Rape which is the carnall abusing of a woman against her will Offences against the Publike Tab. 15. Punishable by death Tab. 19. TABLE 15. Offences against the publike termed Contempts may be committed either Against the King as 1. To disobey the Kings Command By his Writ By his Proclamation 2. Disobey any thing ordained by Statute Against the Common-wealth viz. against 1. The peace thereof as Riots Routs unlawfull Assemblies breach of the Peace and Good behaviour false news Barreting Evâ—s-dropping c. Also all Trespasses with force for which a man may be both indicted and prosecuted at Law by the Suit of the Party 2. The strengh as to send aide to the Kings Enemies to go beyond Sea without the Kings Licence c. 3. The Justice Tab. 16. 4. The Wealth Tab. 17. 5. The Passages Tab. 18. TABLE 16. 3. Publick Offences against the Justice of the Common-wealth as 1 Perverting of Justice as corrupt Judges who pervert Justice corrupt or negligent Officers Enditors corrupt Jurors Extortion Escapes negligent and voluntary c. 2 All force against the Justice of the Realm as Rescous of a Felon or others Affairs in disturbance of Justice to go armed in the Kings Palace To strike in Westminster Hall for which he shall loose his right hand so shall he that strikes a Juror in the presence of the Justices and be also committed to perpetuall Imprisonment 3. Conventicles which comprehend conspirators and Confederators Maintenance Champerty c. 4 Offences in favour of Malefactors as Misprisions of Treason or Felony which for Treason is perpetuall Imprisonment Theft-boot when a man receives his goods
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