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-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
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
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
Frâ—â—chise Deputy Clerk of the Sheriffe c. must take 〈◊〉 oath of Supremacie and another oath for the true spâ—â—dy and indifferent returning of writs and impanelliâ—â— of Jurors without taking above the fees allowed Stat. 29. El 4. No Sheriffs Under-Sheriffe Baliffe 〈◊〉 a libertie or any of their Deputies shall either directly or indirectly take more for serving an extent or execution then after the rate of 12 d. for every pound under 100 l. and 6 d. for every pound above 100 l. of what they shall so levie in pain to forfeit treble damages 〈◊〉 the party grieved and besides 40 l. to be divided betwixt the Queen and the prosecutor Rule 11. Stat. 1. E 34. Stat. 1. Averment given in a writ of false judgment against the record certified Rule 26. trinity Term shal begin the monday after Trinity Sunday for keeping of Essoines proffers returnes c. the full term shall begin the Friday after Corpus Christi day and have four returnes onely Crassino Trin. Octabis Trin. Quindena Trin. and Tres Trin. the rest are cut off also by a late Act the two first Returnes of Michaelmas Term are abridged Rule 37. 18. H. 6. 1. The Kings Letters Patents must bear date the day of the delivery of the warrant to the Chancellor and not before otherwise they are void Stat. 3. 4. E. 6. 4 Every one that hath any Intrest in any land or office by or under authority of the Kings Letters Patents made after the fourth of February 27. H. 8. may make his title plea avorwie c. as well against the King as any other by an exemplification or â—â—stat under the great Seal Stat 13. El. 6. So likewise of the Patentees of H. 2. â—â— Qu M.P. M. and Qu. Eliz. and all claiming under them Rule 49. Stat. 14. E. 3. 8. Escheators shall not continuâ— in their office above a year Rule 51. Mag. Cart. 35. The Sheriffe shall make his turn throughout the Hundred but twice a year viz. once after Easter and once after Michaelmas And the view of Frank pledge shall also be made at the turn of Michaelmas Stat. 31. E. 3. Stat. 1. 15. Every Sheriffe shall hold his turn yearly one time within the month after Easter and another time within the month after Michaelmas in pain to lose his turn for the time Stat. 1. E. 3 Stat. 1. 17. Indictments in Sheriffs turns must be by rolls indented one part thereof to remain with the Endictors the other with the Sheriff Stat. 1. E. 4. 2. upon Indictments and presentments taken before Sheriffs or their Ministers at their turns or Law-dayes they shall not attach arrest or imprison nor levie any fine or amerciament of any person so indicted or presented but deliver the same Indictments or presentments to the Justice of peace of the same County at their next Sessions who shall proceed hereupon as if they were taken before them Stat. 1. R. 3. 4. None shal be returned upon a pannel of inquirie for the Sheriffs Turn but men of good name and fame having within the same County Free-hold land to the yearly value of 20 s. or Copihold land to the yearly value of 26 s. 8 d. and every Indictmenâ— ortherwise taken shall be void Rule 55. Westm 1. 10. 3. E. 1. Coroners shall be chosen in all counties of the most wise discreet Knighâ— Sheriffes shal have Counterparts with the Coroners all things which concern their office they shall 〈◊〉 nothing of any man to do their office in pain of greâ—â— forfeiture to the King Stat. 14. E. 3. Stat. 1. 8. A coroner shal have sufficieâ—â— in the County whereof to answer all people Stat. 28. E. 3. 6. Coroners shall be chosen in theâ—â— Counties of the most convenient and lawfull men â—â—ving unto the King and other Lords that may 〈◊〉 Coroners their Franchises Stat. 1. H. 8. 7. where one is slain by misadventure 〈◊〉 Coroner shall execute his office without fee in pain 〈◊〉 40 s. Justices of Assize and Peace have power to require of and punish the defaults and extortions of Coroners Rule 57. Artic. super Cart. 3. 28. E. 1. They shall behold plea of any contracts or covenants but such as 〈◊〉 of the Kings house maketh with another of the 〈◊〉 house Nor of any trespasse unlesse the party were â—â—tached and the plea determined before the Kings â—â—parture from the place where the trespasse was committed Any thing attempted here against is void Pleas of felonie that cannot be determined before the Steward because the felons cannot be attached or 〈◊〉 other like cause shall be refered to the Common Law Stat. 5 E. 3. 2. 10. E. 3. Stat 2. 2. Inquests shal be taken by the men of the country about 〈◊〉 by none of the Kings house except it be in Covenants contrasts trespasses when either party is of the Kings house Stat. 13. R. 2. Stat. 1. 3. the jurisdiction of the Steward and Marshall of the Kings house shall extend no further then twelve miles from the Kings Lodging Stat. 15. H. 6. 1. The defendants may averre that themselves and the Plaintiffe at the time of the Suit commenced were not of the Kings house against the Record Stat. 33. H. 8. 12. The Lord Steward of the Kings house alone or in his absence the Treasurer and controller of the kings house with the Steward of the marshalsie or two of them whereof the Steward of the Marshallsie to be one may without Commission hear and determine all Treasons Murders Man slaughters and blood-shed within the kings house although the king be removed before the inquiring and verdict must be by the Kings houshold servants in the Check-roll No Clergie or Sanctuary is given to any found guilty before them Rule 60. 17. E. 4. 2. made perpetuall 1 R 2. 6. No Plea shall be holden in Court of Pipowders unlesse the Plaintiffe or his Attorney swear that the matter of the declaration was done in the time of the same fair and within the Jurisdiction thereof but that oath shall be-no conclusion to the defendant but that he may plead as he might before Every Steward holding plea otherwise forfiteth 5 l. CHAP. 23. Rule 2. Glocester 8. 6. E. 1. Attorneys may be made in all pleas where appeales lie not Merton 10. 20. H. 3. In suits at the County Court Hundred Weapontake or Lords court Westm 2. 10. 13. E. 1. An Attorney may be made in all Counties where justices do journey and Stat. 3. H. 7. 1. An appeal of death may be pursued by Attorney Westm 1. 25. 3. E. 1. Westm 2. 49. 13. E. 1. and Artic. supp Cart 11. 28. E. 1. there shall be no maintenance in such Stat. 32. A. 8. 9. None shall buy sell or get or take promise or grant to have any pretenced rights or 〈◊〉 to lands except the seller or those by whom he claimeth were in possession or tooke the profits by the span of a year next before upon pain that the
or Darrein presentment at his pleasure Rule 15. Westm 2. 9. The Mesne not coming in to acquit the tenant loseth the service and the tenant shal have like remedy against the lord for exaction as the Mesne might have had And there see the processe and proceeding to be used against the Mesne Rule 21. Stat. de finibus 18. E. 1. Stat. 4. After the writ original is delivered in the presence of the parties before the Justices the Pleader shall say Sir Justice Conge d'accorder then the Justice shall say what saith Sir R And when the Kings fine is agreed for and the peace cried the Pleader shall declare the substance of the fine the parties ought to be of full age of sâ—â— memorie and out of prison A feme-covert must be examined before four Justices and without her consent the fine cannot be leived Stat. de finibus levatis It shall be no good exception that before and at the time of the fine leived the demandant or his ancestors were seised of the land contained in the fine or of some part thereof Fines shall be openly read at two certain dayes in the week by the discretion of the Justices and in the meane time all pleas shall cease Sta. 5. H. 4. 13 Every writ of Covenant All other whereupon Fines are levyed the dedimus potestatem and all knowledges of the same before they be drawn out of the Common Bench by the Chirographer shall be inrolled in a Roll to be of Record for ever out of which execution shall be had if the Notes and Fines be imbeziled Stat. 23 El. 3. Every writ of Covenant or other writ whereupon any fine is levyed the Return thereof the Concord Note and Foot of the Fine the Proclamations and the Queens silver also every writ of Entry in the post and other writ whereupon any common recovery is suffered writs of Summons ad Warrantizandum and the returne of all these writs and every warrant of Attorney may at any mans request be inrolled which Inrollment shall be of as great force to all purposes in law as the things themselves if they were extant No Fine Proclamation or common Recovery shall be reversed by writ of Errour by reason of false Latine Razure Interlining mis-entring of the warrant of Attorney or of any Proclamation or by reason of any other defect of form in words and not in matter of substance Rule 22. Stat. 34. E. 3. 16. The plea of non claim of Fines shall be no barr hereafter Stat. 4. H. 7. 24. Every fine after the ingrossing shall be proclaimed in the Court the same Term and the three next four severall dayes in every Term all pleas ceasing the whilest The Proclamations being so made The fine shall conclude all privies strangers except women Covert persons within 21 years of age in prison out of the Realm or of non-sane memory being no parties to the Fine so as they or their heirs take their action or lawfull entry within five yeares after those imperfections removed saving to all persons and their heirs other then parties the right claim and interest which they have at the time of the fine so as they pursue it by action or lawfull entry within five years next after the Proclamations And saving to all other persons such right title claim and interest as first shall grow remain or come to them after the Proclamations by force of any matter before the fine so as they take their right according to the Law within five years next after it so growes c. And those that be Covert-baron c. at the time when it groweth that they or their heirs take their action or lawfull enuy within five years after those imperfections removed saving also to all not parties or privies the exception that none of the parties or any to their use had any thing in the lands at the time of the fine Stat. 1. M. Parl. 1. 7. All Fines whereupon Proclamations be not or shall not be duly made by reason of the adjournment of any term by writ shall be as good as if any term had been holden from the beginning to the end and proclamations therein made according to the Statute Stat. 32. El. 2. Proclamations of Fines shall be only four times viz. once in the term wherein the Fine is ingrosed and once in every of the three termes next after CAAP. 30. Rule 2. MAg Cart. 12 9. H. 3. Assises of Mortdancester and novel-disseisin shall not be taken but in their proper County by the Justices of Assize and if they cannot be determined there they shall be determined by the same Justice in their Journey Also difficult matters shall be referred to the Justices of the bench to be there determined westm 1. 24 3. E. 1. An Assize given against an Escheator Sherif or other Bailiffe of the King that seiseth any lands by colour of his office without special-warrant and double damages to be recovered by the â—estâ—e partie greieved Westm 2. 25. 13. E. 1. An Assize of novel disseisin shall lie for estovers of wood profit to be taken in woods a Corody delivery of Corn and other victuals and necessaries to be received yearly in a certain place toll tronage passage Pontage Pawnage and the like to be taken in places certain the keeping of Parks Woods Forests Chases Warrens Gates and other Bayliwicks and Offices in fee And in all these cases the writ shall be de libero tenemento All an Assise is given for common of turbarie fishing and such like Commons appendant to a freehold or without a freehold by special deed at least for term of life If any holding for years or in ward alien in fee remedie shall be had by an Assize and both the feoffors and feoffees shal be had for disseisors so that during the life of any of them the said writ shall hold place but if they die the remedie shall be by writ of entry the giving of this writ in new cases shal not diminish the force thereof in those wherein it had force before and remedie also shall be had thereby in case where on feedeth in the sevrall of another In this suit if the defendant fail to make good the exception which he pleads he shall be adjudged a disseisor without taking the Assize and shall give to the Plaintiffe double damages both inquired and to be inquired and besides shall suffer a years Imprisonment If such an exception shall be alledged by a Bailiffe the taking of the Assize shall not thereby delayed nor yet the judgement upon the restitution of the land and damages Howbeit if the Master of such Bailiffe afterwards offer to prove to the Court by matter of Record that there was just exception whereby the Plaintif might have been barred he shall have a venire facias to produce such record And then if the Justices see cause the plaintif shall be warned to appeare at a certain day and the defendant shall then have again his