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
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
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
Court of Pipowders is a Court of Record incident to Faires and Markets for all Actions arising there and the suit must at the same time be commenced LXI The King by commission under his Letters Patents may erect other Courts at his pleasure LXII Such were Justices in Eyre and such are Courts of Record in Corporations and other places by speciall Charter LXIII These are the Courts of Record a Court Baron is the Court of a common person LXIV This Court is for personal accompts under forty shillings LXV These cannot be kept oftner then every three weeks LXVI The processe here is by precept to the Bailiffe LXVII The Suitors are the Judges LXVIII A Court-Baron is the Lords or a County-Court LXIX The Lords Court is either of a particular Mannor or of an whole Hundred XXX The Hundred Court is that whereunto all the Inhabitants within the Hundred owe suit LXX The County Court which is incident to the Sheriffe and hath Jurisdiction over the whole County CHAP. 23 Suits Original Writs Petitions I. OF an Action there be two parts the suit and the judgment II. Suit is the parties dealing in the Action III. Here for their help they are allowed Counceâ— learned in the law IV. The Suit hath two parts the beginning and the proceeding V. The beginning is the proper duty of the Plaintiffe VI This also hath two parts the first matter of the suit and the originall processe VII The first matter of the suit must alwayes be brought into that County where the cause of Suiâ— groweth VIII The first matter of the suit is for every man by writ out of the Chancery or in Courts where writs lie not by Plaint or Bill for the King alone by Inquiry IX· In all of the first kinde the Plaintiffe must finde surety by some that will be his pledges to prosecute the suit X. And these may be either to the Officer or to the Court where the suit is XI A poor man in stead of sureties shal give his faith to prosecute it XII Writs that begin the suit are original or commissionall XIII Original which appoint the first Processe 〈◊〉 the Plaintiffe finde pledges returnable in the Kings Bench or Common Place XIV This must be true Latine and also formal XV. And it must expresse the name of Baptisme and Sir-name or in lieu thereof the name of dignity both of the Plaintiffe and Defendant XVI Where there be many of one name diversity of the names must be put by addition of Elder younger and the like XVII The Kings servants in his Court or others by special grace of the Chancellor may here be admitted to finde pledges in the Chancery XVIII Writs original are concerning Common pleas or appeals that concern life XIX Those that concern common pleas lie not for or against a feme covert without her husband XX. Many having or giving joyntly cause of Action may sue or be sued together in one XXI Severall Actions of one nature may be joyned in one originall with severall Praecipes or commandements to be executed XXII Here in place of action against the King Petition must be made unto him in the Chancery XXIII And that in case of hereditaments though the King have granted the same away XXIV Whereupon processe shall go out against the Grantee to maintain his title XXV But whilst personall things seised for the King remain in the Officers hands the party that hath right may sue the officer or disturb him to take the profits XXVI Petition is a supplication declaring the parties right where mention must be made of all the Kings title XXVII The writs which concern common pleas are Real or personal and they both are again Praecipes or Si fecerit te securum XXVIII A praecipe is that which willeth the Sheriffe to command the Defendant to do somewhat in certain that the Plaintiff sueth for which if he do not then to serve the first Process XXIX The form hereof is Praecipe A quod reddat B c. Et nisi fecerit c tunc summon c. XXX A Praecipe is a Praecipe quod reddat or a Praecipe quod faciat XXXI A Praecipe quod reddat which lieth for things in render XXXII A Praecipe quod faciat which lieth for things not in render viz. in Fesance as a Writ de consuâ—tudinibus servitiis secta ad molendinam c. or sufferance as a Quod permittat c. XXXIII A Si fecerit to securum is that which willeth the first process to be served without more ado XXXIV The form hereof is Si A fecerit te securum de clamore suo prosequendo tunc summon c. CHAP 24. Actions reall I. REall Actions where a Free-hold shall be recoveed are Possessory or in the right II. Possessory which are to recover a Possession III. In the right which are to recover a Possession mixt with the right IV. And both these mâ—y be of a possession or right in himself or descended from his Ancestor V Reall Actions in the right are either founded upon the right or for the meer right VI. Reall Actions where the Free-hold shall be recovered lye only against the Tenant of the Freehold VII With the Free-holder may be joyned in Action any having Title to enter CHAP. 25. Ad Terminum quem praeteriit Entry ad communem legem Causa Matrimonii praelocuti Dum fuit infra aetateÌ„ Dum fuit non compos mentis I. A Reall Praecipe quod reddat is that which is for reall things in render and it is a plea of land or other like Praecipe II. A plea of land which is for land or other such things in demesne III. Where land in certain is demanded it must alwayes be brought in a Ville or place known out of any Ville IV. A plea of land is a writ of entry or a writ shewing the demandants title V. A writ of entry is that which is to disprove the tenants possession by the means of his entry VI. Wherein tenant in fee-simple demanding of the possession of his Ancestor shall say in the writ Quod clamat esse Jus hereditatem suam VII A writ of entry is either against the first party or in the degrees VIII Against the first party when it is against him to whom the first alination was or that made the disseisin IX That in the degrees is in the per or in the per and cui X. In the per when he against whom it is brought cometh in immediatly under the first party as heire unto him ot by alienation from him XI In the per and cui when he against whom it is brought cometh in immediatly under the first parties heir or aliance XII Writs of entry grow either without wrong at the first or upon a wrong XIII Those without a wrong at the first are grounded upon a determination of the first estate or upon a disability in the person that made it XIV Upon a determination
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
of Court when one that hath agreed in the Kings Court to levie a fine is so feeble that he cannot travel XXXV The Cheif Justice of the Common Place may take the acknowledgment of a fine without any dedimus potestatem XXXVI Dedimus Potestatem de Atturnato faciendo for the Judges to admit an Atturney for one in a suit CHAP. 39. Improper Original Processe Prohibitorie I. PRohibitorie improper original writs are these that follow II. A Protection cum clausula nolumus to free ones possessions that nothing be taken against his will for the Kings businesse III. Parsons or other spirituall persons not to be charged to the payment of fifteens for goods in their possessions annexed to their Churches IV. Quod Clerici non elegantur in Officium Balivi for a Clerk not to be chosen an Officer for his lands V. A prohibition to forbid tenant in Dower or by courtesie of England or Guardian by Knight service oâ— in soccage to commit waste to the destruction of the Inheritance VI. A Quo minus for grantee of Estovers to restrain the grantor from committing waste so as he cannot haue estovers VII De exoneratione sectae for tenants by suit oâ— Court or other services that they be not distreined tâ— do the same for such time as they ought to hold the land discharged VIII De exonerando pro rata to discharge the tenaâ—â— of parcel of the Land according to the rate of hiâ— land when he is lawfully distreined for all the rent and services IX De essendo quieto de Tholonio to Officers not tâ— grieve spiritual persons and others that ought to be quit of paying of Toll Murage Pannage Pontage c X. De non ponendo in Juratis to discharge Peers oâ— the Realm and other persons priviledged from being of Juries unlesse their presence be for any speciall cause necessary XI Ne exeas regnum to the party himself to inhibit him from going into forreign parts without the Kings license CHAP. 40. The Count and Pleading I. THus far the beginning of a suit the Proceeding followes which hath two parts The Count and the Pleading II. A condition annexed to an estate of freehold cannot be alleadged in Count or pleading unless it be by Deed. III. The Count is a larger declaration of the substance of the original writ and therefore is usually termed Declaration IV. In reall actions which are in the right the demandant must alledge the taking of the-profits called Esplees in the declaration V. In stead of the Count a plaint shall be made in Assizes of novel disseisin and in writs of Dower a demand VI. Pleading is the parties debating of the suit VII Every plea must be offered to be proved true by saying in the plea Et hoc paratus esse verificare and this is termed an averment VIII An advantage of a matter which cannot be pleaded shall be saved by protesting not acknowledging it to be true although the matter pleaded passe against him IX Pleas are either of the defendant when he is first brought in to answer or the mutual pleas of both X. In a joynt action against two or more one of them appearing shall not answer till the other come in to answer or the suit be finished against him as by death outlawry c. XI An action by or against an Infant as heir shall not proceed till his full age unlesse it be apparant that by proceeding he cannot be prejudiced XII But in a writ of Dower an Infant heir shall not have his age XIII The defendants first pleas are dilatory or to the Action XIV Dilatory which are before any plea in Bar. XV. When an action is brought against many they must joyn in the plea if they inrend to plead these dilatories XVI Dilatory Pleas are exceptions or forein advantages XVII Exceptions are dilatories grounded upon the matter it self of the suit and are in disability or abatement XVIII Those in disability are to the jurisdiction or persoâ— both which must be before the Count. XIX To the jurisdiction when it is alledged that the Court ought not to hold plea of it XX. To the person when it is alledged that the Plaintiffe ought not to be answered as if he be outlawed excommunicated c. XXI But in case of excommunication the suit shall be put without day onely till he be absolved XXII Those in abatement are for any fault in the first matter of the suit XXIII For this cause the defendant may have Oyâ—â— of any thing tendred by the Plaintiffe and not being parcel of the Record as of the writ condition c. XXIV Pleas in abatement are to the Count first and then to the writ XXV Amongst Pleas to the writ exceptions thaâ— arise upon the view of the writ are to be pleaded before those that are forein as non-tenure several tenancy c. XXVI Pleas to the Count are for insufficiencie variance from the writ c. XXVII Pleas to the writ are for default of forâ— false Latine c. XXVIII By waging of law for non-summons in a praecipe quod reddar the writ shall abate XXIX In Assize of novel disseisin and nusance and in appeals of felonie and Juris utrum the defendant may have many pleas in abatement xxx The writ abating for some cause that can not be imputed to the Plaintiffes folly himself bringing another with speed in the same Court against the same party shall have all advantages of the former anâ— this is called a writ purchased by Journeys accompt xxxi Forain advantages are delayes without excepion to any thing as in all actions Oyer of the writ c. In real actions view aid prayer and voucher XXXII View is in real actions of the thing demanded or of the land whence it cometh when it is so necessary as without view the defendant cannot wel answer XXXIII Ayde prayer is for the tenant for life to request him that hath the inheritance to help him to plead so must the Incumbent pray in aid of the patron and Ordinary XXXIV Voucher is the calling in of one that should warrant to answer the action XXXV Here the voucher loosing the tenant shall recover in value against him any hereditaments that he had at the time â—f voucher XXXVI Therefore voucher is in liew of another action where the original processe is Summons ad Warrantizandum and then a Grand Cape ad valentiam XXXVII If one be vouched within age it is a summons ad habendum visum first and being awarded of full age a summons ad warrantizandum and Grand Cape as before XXXVIII But if he be awarded within age the parol shall demurre until his full age XXXIX If the summons ad warrantizandum or habendum visum be not served then a sequatur sub suo periculo is to go forth and if the tenant cannot get that served he looseth his warranty for it is sub periculo of the tenant XL. But in exchanges the hereditaments are liable from
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
seller c. shall forfeit the value of the land and likewise the buyer knowing the same provided he that is in lawfull possession by taking the yearly profits may buy c. anothers pretenced right c. Rule 7. Stat. 6. R. 2. 2. Debt accompt and all such actions shall be brought in the County where the contract c. was made Rule 16. Stat. 1. E. 6. 7. The Acceptance of a new name of dignity shall not abate the writ CHAP. 24. Rule 6. MErton 8. 20. H. 3. Seisin of ones Ancestor in a writ of right shall be from the time of H 2. In a Mortdancester writ of Nief and of entry from the last return of King John out of Ireland In an Assize of novel disseisin from Henry 3. his first passage into Gasciogne West 1. 38. 3. E 1. Seisin of ones ancestor in a writ of right shall be from the time of Richard the first In an Assize of novel disseisin and Nuper obiit from H. 3. his first passage into Gascoigne In a Mortdancester Cosinage Aywel entry and writ of Niefe from H. 3. his Coronation Stat. 32. H. 8. 2. Seisin in a writ of right shall be within 60 yeares In a Mortdancester or any other possessory action upon the possession of his ancestor or predecessor shall be within 50 yeares A writ of the possession of the Plaintiff himselfe shall be within 30 years An avowry or cognizance for rent suit or services of the seisin of his Ancestor or of his own shall be within 40 years Formedons in reverter or remainder and Scire facias upon fines shall be sued within 50 years after the title or cause of action accrued Stat. 1 M. 1. Parl. 2. sess 5. The statute of 32 H. 8. 2. shall not extend to a writ of right of advowson Quare impedit Assize of Darrein presentment Jure patronasus writ of right of ward writ of ravishment of ward nor to the seiser of the wards body or Estate but the time of the seisin to be alleadged in such cases shall be as it was in the Common Law before the making of the sayd statute Stat. 21. Jac. 2. The time of prescription for lands concealed from the King is sixty years before the making of that statute Stat. 1. Jac 16. In writs of Formedon in descender remainder and reverter and right of entry the time is 20 years after accruer and imperfections removed Rule 6. Stat. 25 E. 3 stat 5. 16. Non-tenure shall not abate the writ but only for the quantity Stat. 37. E. 3. 17. No writ shall be abated by acknowledgment of villeinage if the demandant or Plaintiffe will averr that he that alleadgeth the exception was freed the day of the Writ purchased CHAP. 26. Rule 4. WEstm 2. 2 13 E. 1. A Gui in vita given to the wife after her husbands death upon his loosing of the land by default and the Tenant that recovered against the husband must maintain his own right CHAP. 27. Rule 4. WEstm 2 20. In a Writ of Cosinage Ayel and Besayel the point shall be inquired whether the demandant be next heir as well as in a Mortdancestor Rule 10. Westm 2. 1. 13. E. 1. A formedon in Descender is also given by this Statute to the heir in tail upon a descent from his Ancestor dying seised of the estate tail Rule 12. Merton 1 20 H. 3. A woman deforced of her dower or Quarentine shall in a writ of Dower recover damages viz. the value of her Dower from her husbands death to the day of the recovery of her Dower and the deforceor shall be amercied Westm 1. 48. 3. E. 1. A writ of Dower unde nihil habet shal not abate though she have received part of her Dower before the writ purchased unlesse it were of the same party against whom the writ was brought and in the same Town Westm 2. 4. 13. E. 1. In place of a writ of right a Quod ei deforceat is given to tenant in Dower for life by the coutresie in Frank-marriage and in tail upon losing by default CHAP. 28. Rule 2. Marlebr 7 52. H. 3. In a writ de communi Custodia if the deforceor come not at the grand distresse the writ shall be renewed as often as may be within half a year and every time read and claimed in the county-court and if he come not in to answer nor the Sheriffe finde him within that halfe yeare he shall lose the Ward saving his action another time if he have right Westm 2. 35. 13. E. 1. In a writ of ward of land or heir or both either of the parties dying before the plea determined a re-summons shall be And in the grand distresse day must be given that three County dayes may be held before the returne in every of which Proclamation shall be made whereupon if the defendant appear not judgement shall be given for the plaintiff saving the right of the defendant if afterwards he will claim it So shall it be done also in a writ of ejectment of ward Rule 6. Westm 2. 2. 13. E. 1. If the tenant disclaim in the county-County-Court or other Court not of Record the Lord may remove the plea before the Justices to cause it to be of Record so as he may have a writ of right sur dlsclaimer Glocester 4. 6. E. 1. Explanat 4 When land is given in Fee farme rendering or doing so much as amounteth to the fourth part of the value of the land if he whose land is charged let it lye fresh by two years so as no distresse can be found in it nor render or do that which is contained in the writing the other shall recover the land by a Cessavit but the tenant coming before judgment if he render the arrerages and damages and finde sufficient to do from thenceforth that which is contained in the writing shal retain his land Westm 2. 21. 13. E. 1. If a man detain from his Lord his service due by two years the Lord shall recover the land by a Cessavit This lyeth also for the Lords heir against the tenant his heirs and Alience Westm 2 41. If religious houses that have land given c. withdraw the Almes c. by two years the donor shall have the like action CHAP. 29. Rule 7. MArlbr 9. 52. H. 3. The processe in a Sella ad molendinum is attachment venire facias and the grand distresse see also there the order of proceeding in that action Rule 9. Stat. 25. E. 3 Stat. 3. 3 tht Kings Collation to a benefice being found before Judgment to be untrue shall be repealed Marlbr 12. 52. H. the processe in a Quare impedit shall be Summons Attachment and Grand distresse Westm 5. 13. E. 1. A Coparcener being disturbed after Partition shall have a Scire facias and shall not be put to a Quare impedit If tenant in Dower or by the courtesie have presented the reversioner being disturbed shall have a Quare impedit
seisin and damages and the plaintif shall be punished by Imprisonment at the discretion of the Iustices In like manner also shall the Iustices proceed in case the defendants proof is by deeds and releases for if the plaintif purchased the Assize contrary to his own deed he shall be punisht as aforesaid Stat. 7. R. 1. 10. An Assize of novel disseisin for 〈◊〉 issuing out of Lands in divers Counties shall be takeâ— in confinio comitatus as is used for Common of Pasâ—â—â— in one County appendant to tenements in another Stat. 1. H 4. 8. A speciall Assize is maintainable by the disseisee for such lands as are granted by the King patent without title first found by inquest for thâ— King without suit to be made to the King in that behalfe And if the pattentee pray in Aide of the King a procedendo shall also be granted without suit Here 〈◊〉 the Assize passe for the disseises he shall recover 〈◊〉 damages against the patentee Stat. H. 4. 8. If any make forcible entry into land by way of maintenance the Chancellor of England shall grant a special Assize without suing to the King and if the disseisor shall be attainted thereof he shaâ— suffer one whole yeares imprisonment and restorâ— double damages to the party grieved Stat. 21. H. 8. 3. The plaintif in Assize may abridgâ— his plaint of any part whereunto a bar is pleaded without prejudice to the residue Merton 3. 20. H. 3. A man disseised recovering his seisin by Assize of novel disseisin or confession of the party and having the same delivered him by the Sherif if he be again disseised of the same tenements by the same disseisor he shall have a writ of redisseisin to command the Sherif taking with him the Keeper of the pleas of the Crown and other Knights in proper person to go to the land c. and by the first Iurors or other lawfull men to make inquiry Howbeit this must not be without speciall commandment of the King The redisseisor shall be imprisoned Marlbr 8 52. H. 3 And not delivered without special command of the King and payment of a Fine Westm 2. 8. 13. E. 1. Writs of redisseisin must be inrolled in the Chancery and transcripts thereof shall be sent into the Exchequer Westm 2. 26. A writ of Redisseisin shall lie for them-that have recovered by default reddition or otherwise without recognition of assizes or Iuries The redisseisor shall answer double damages and not be reprevisable by common writ Rule 8. Westm 2. 24. 13. E. 1. Giveth an assize of nusance against him to whom the tenement is alienated after the nusance is made Stat. 6. R. 2. 3. The Plaintif if he will may have a writ of nusance in the nature of an Assise determinable before the Iustices or before the Iustices of Assize Rule 9. Magn. Cart. 12. Vide suprae Rule 2. Marlb 16. 52. H. 3. If the Lord will not render unto the heir the land when he comes to age without plea the heir shall recover his land by an Assize of Mortdancestor together with all his damages West 2. 4. 13 E. 1. If a woman haveing no right recover Dower against a Guardian the heir at full age shall have a Mortdancester aginst her Glocester 3. The heir shall have an Assize of Mortdancester if the tenant by eouttesie alien and leasâ— no Assets Glocester 6. All the heirs whereof one is Son oâ— Daughter Brother or Sister Nephew or Niece and the other in a further degree shall joyne in a Mortdancester Rule 10. Mag. Cart. 13. An Assize of Darrein presentment shall be alwayes taken before the Iustice of the Common place Rule 1â— Westm 2 24 13. E. 1. A writ of Juris utrâ—â— shall be granted to try whether free almes belong to one Church or another in case where they are transferred from one Church to another Rule 13. Stat. 31. H. 8 1. Iointenants and tenants in Common of an estate of Inheritance in their owne right or in the right of their wives in any Mannors Land c. may be compelled to make partition by writ de partitione facienda as Coparceners are compellable to do and afterwards shall have aid to deraigne the Warranty paramount and to recover pro rata as Coparceners after partition should Stat 32. H 8. 32. Iointenants and tenants in common that hold for life or years amongst themselves 〈◊〉 with others that have Inheritance or freehold in any Mannors lands c shall also be compelled to make partition by the said writ to be pursued upon their case Howbeit such partition shall not be prejudicial to any but the parties to such partition their executors and assignes CHAP. 31. Rule 3. STat. 9. E. 3. Stat. 1. 3. In a writ of debt brought against divers executors they shall have but one Essoine before appearance and another after appearance he or they that do first appeare in the Court at the grand distresse shall answer to the Plaintiffe and the plaintif if it passe for him shall have judgment and execution of the goods of the Testator against all named in the writ as well as if they had all pleaded Rule 7. Mag. Cart. 8. 9. H. 3. The pledges shall be free so long as the principal debtor is sufficient And they answering the debt shall have the lands and rents of the principall untill they be satisfied but note that this is meant of the Kings debtor Stat. 1 R. 2. 12. No Warden of the Fleet shall suffer any prisoner in execution to go out of prison by Mainprize Bail or Baston without making gree with the party unlesse by writ or other commandement of the King upon pain to lose his Office and the Creditor to have a writ of debt against him Stat. 23 H. 6. 10. Every Obligation taken by a Sheriff or his Ministers by colour of their office of any peâ—son in their Ward by course of Law shall be by the name of their office and upon condition that the prisoner appeared at the day and place mentioned in his Writ Bill or Warrant an Obligation in any other forme taken is void Stat. 32. H. 8 37. The Executors and Administrators of him that hath any rent or fee-farm in fee-simple fee-tail or for life shall have an Action of debt for the arrerages in the Testators life time against the tenants that should then have paid it or may distreine and make avowrie upon their matter in the lands so long as they remaine in the possession of the said tenant or of any claiming onely from him A husband seised of any such estate in any rent or fee-farm in his wives right shall after her death himself also his executors or administrators have the same remedy for arrerages due in her life So likewise of him his executors or administrators that hath a rent or fee-farme during anothers life and Cesty qui viâ— dye the same being unpaid Rule 9. Stat. 13. El. 4. The lands profits and hereditaments of
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
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
of him when the Tenant in a Court of Record disclaimeth to hold of him TABLE 29. A reall Praecipe quod faciat which is either to recover an Heredittament and this is either In respect of a Seigniory A Writ de consuetudinibus servitiis Secta ad molendinum To recover some other Herediament A Quare Impedit A Quod permittat A Curia claudenda Some reall thing that concerns an Hereditament as A Writ of Covenant as to levie a Fine of Lands c. Writs in the nature of a Covenant reall A Writ of Mesne A Warrantia Cartae TABLE 30. A reall Si fecerit te securum An Assise Of his own possession as An Assise of Novell Dâ—seisin An Assise of Nusance Of his Ancestors Possession as an Asise of Mortdancestor Either of his own or his Ancestors posession as an Assise of Darrein presentment A Juris utrum for a Parson or Vicar upoâ— his Predecessors alienation Others Such as be between Privies in blood as A Partitione faâ—enda A Nuper obiit A Quo jure to try for Common TABLE 31. A personal Originall Writ is also A Praecipe A Praecipe quod reddat Debt and a Writ of Annuity Detinue A Praecipe quod faciat An Action oâ— Account An Action of Covenant A Si fecerit te securum Tab 32 TABLE 32. A personal si fecerit te securum which is Without force Where the peace is not broken 1 Rationabili parte bonorum 2. Valore Maritagii 3 VVrit or forfeiture of marriage 4 Intrusion of VVard 5 Ejectione custodiae 6 Quare ejecit infra terminum 7 Trespasses upon the Case not against the Peace Where the Peace is broken yet not Vi as An Action of Deceit An Action of Conspiracy With force An Action of Trespass Speciall Actions of Trespass as De parco fracto Rescous Ejectione firmae TABLE 33. An Appeal which concerneth life and is the parties private Action prosecuting also for the Crown in respect of a Felony and this is given only to the Heir of the party slain TABLE 34. A Commissionall Writ which is either Commissionary as A Writ of right Patent A Justiciis An assise of petty Nusance Admeasurement of Dower Admeasurement of Pasture A Nativo habendo A Rationabilibus divisis A Homine reâ—legiando A Replevin Also many of the Actions thâ—â— went before as Consueâ—â—â— nibus Servitiis Secta 〈◊〉 molendinum Quod permitâ—â— Mesne Dower Unde 〈◊〉 habet Annuity Debt Detinue Covenant Trespasâ— c to what summâ— soevâ—â— be brought and also deteâ—mined in the County by Jâ—stices Meer Commissions as Oyer and Terminer Association Si non omnes Ad quod damnum Perambulatione faciâ— de TABLE 35. In Courts that hold plea without original Writ the Suit may be by Plaint in matters that conceâ—â— Common pleas Bill in Pleas of the Crown aâ— Officers of any Court by pâ—â—viledge may sue or be 〈◊〉 there and not elsewhere by 〈◊〉 TABLE 36. Suits for the King are A Quo warranto for the trying of the right of Franchises As inquiry by a Jury which is an Office to entitle the King to som Possession wherof consider The severall wayes how it may be found viz. Virtute officii brevis Commissionis The severall Writs or Commissions used therein concerning a Wardship viz For finding of it Diem clausit extremum within the year after the â—enants death Mandamus after the year Devenerunt when the Ancestor dyed in Ward to the King For mending it Quae plura Melius Inquirendum Datum est nobis intelligi For discharge of it An Aetate probanda A Writ of Livery for Lands in Capite An Ouster le main for other Knight-service Lands How the party may be releived against it By Traverse or Monstrans de droit when the King is entitled by Office only By Petition when he is intitled by double matter of Record as when the Office finds an Attainder of Treason or the like Presentment or Indictment to find an Offence against the King and for penall Lawes an Information TABLE 37. The Originall Process which is Proper Single By the Possessions By the Land In all reall Praecipes quod reddat Summons iâ— Land Grand cape iâ— seise it into the Kings hands A Mortdancester juris utrum daâ—rein presentment Summons Re-summons upon default the Inquest awarded By the Goods as in Assises of noveâ— Disseisin Nusance Attachmeâ—â— by the defendants goods which hâ— shall lose if he appear not and up on default the Inquest awarded By the person in Mayhem Felony and Treason Cap. Exig Outlawry Mixt By the goods and lands In all other reall Actions and in all personal Actions except Trespas offences against the publike and also in all Justicies Summons bâ— the Goods Attachment Distress Infâ—nite and â—sues of the Land In all Trespasses upon the Case except Deceit and conspiracy and in all Offences in the nature of Trespasses upon the Case Attachment Distresâ— infinitâ— and iâ—sues By the goods and person as in Trespaâ—â— vi Deceit Conspiracy and Offence against the publike Attachment Dâ—stress infinite and upon nihil returne 3. Capias Exigent Outlawry Improper Tab. 38. TABLE 38. Improper which is not to bring any matter into Plea or solemn Action but only to do or leave undone something and in is Commandatorie as Dote assignanda Homagio capiendo Scutagio habendo De Corrodio habendo De Annua pensione hab De Libertatibus alloc De executione Judicii De restitutione Temporalium De securitate pacis De vi laica removenda Of cleansing Streets De excommunicato capiendo De excommunicato deliberando De leproso amovendo De cautione admittenda De haeretico comburendo De Coronatore exonerando De Coronatore eligendo De exoner viâ— forest De Electione viâ— forest A Writ for the Royall Assent to elect an Abbot De securitate invenienda All Dedimus potestatems de fine leuando de attornato faciendo c. Prohibitory Tab. 39. TABLE 39. Prohibitory as 1 A Protection cum clausula nolumus to free ones Possessions that nothing be taken against his will for the Kings business 2 To discharge Spirituall Persons of Fiâ—teens 3 Quod clerici non eligantur in Officium Bâ—livi c 4 To forbid Tenant in Dower by the Curtesie or Guardian by Knight service oâ— in Soccage to commit VVast to the destruction of the Inheritance 5 A Quo minus for Grantee of Estover to restrain the Grantors from committing VVast so as he cannot have his Estovers 6 De exoneratione sectae for Tenants by Suit of Court or other Services that they be not distrained to do the same for such tiâ—â— as they ought to hold the Land discharged 7 Dâ— deonerando pro rata to discharge the Tenant of parcell of the Land according 〈◊〉 the rate of his Land when he iâ— lawfullâ— distrained for all the Rent and Services 8. De essendo quieto de Thelonio 9. De non ponendo in Juratis 10. Ne exeas