certified by the mouth of the Recorder Pasc 24. Car. B. r. By a Custome which they have in the Town of South-hampton if a bastard child be found within the Town and the father of it cannot be discovered he that comes next into the Town after the Childe was found must keep the Child Mich. 24. Car. B. r. It may be they of the Town did time out of minde agree amongst themselves that it should be so By a Custome of the City of Bristol an Action brought against one upon a bare promise of the party that he would pay the money or upon a concessit selvere is maintainable there and so it is by the Custome of London 31. Jan. 1649. B. S. If two persons be found in arrear upon an Accompt grounded upon the Custome of Merchants any one of them may be charged to pay the whole summe that both of them were found to be arrear upon the accompt and this is by the Custome of Merchants 26 Jan. 1650. B. S. If there be a tryal to be had Whether there be such a Custome as is pretended with in the City of London or not this issue cannot be tryed in the Upper Bench but it must be tryed in London in the Hustings 27. Jan. 1650. B. S. By a Custome used at sea the goods in a ship which is taken as prize ought not to be taken out of the ship before the ship so taken be condemned for prize in the Court of the Admiralty By Rolle Chief Justice in the Case betwixt Lever and Smith Mich. 1654. B. S. Compulsion None shall be Compelled by Law to shew or declare any thing of which by common intendment he cannot have knowledge 38. H. 6. f. 3. Mich. 22. Gar. B. r. Counsell and Counsellor A Counsellor ought not to set his hand to a frivolus Plea or Demurrer to delay a tryal Mich. 22. Car. B. r. For it is not fair practise After the Court hath delivered their opinions of the matter in Law depending before them the Counsell at the barr ought not to urge any thing more for the Clyent in that Cause Mich. 22. Car. B. r. For it is uncivil not to acquiesce in the judgement of the Court but to seem unsatisfied therewith One that is endicted for felony may have Counfell assigned him to speak to matters in Law which may arise upon the Endictment Pasc 23. Car. B. r. One cannot have Counsell assigned by the Court upon an Endictment in forma pauperis Pasc 23. Car. Mich. 1649 B. r. But Counsell must be assigned to him by warrant under the hand and seal of the Lord Chief Justice that the Counsell may have it in his hand to shew to the Court if they require Where Councel is Assigned to one that is Indicted for Felony the Councel Assigned ought to be entred upon Record Pasc 24. Car. B. r. County Some part of the County of Chester is not within the County Palatine of Chester Mich. 22. Car. B. r. Where a River doth run betwixt two several Counties there one half of the River belongs to one County and the other half of it belongs the other County Pasc 23. Car. B. r. viz. From the shoar to the middest of the River as far as the River extends in length upon the County Constable If one that is elected to the Office of a Constable do refuse to take his Oath to serve in that Office this Court may send forth a Writ unto him to compell him to do it Mich. 22. Car. B. r. If a Court-Leet do not elect a Constable where they ought to elect one or do not give him his Oath to execute his Office as they ought to do the Quarter Sessions in the County where the Leet lies may do it Mich. 22. Car. B. r. A Constable that is a Constable in one Town cannot execute the Office of a Constable in another Town Pasc 24. Car. B. r. Commission and Commissioners The Commissioners of the Statute of Bankrupt have not authority by the Statute of 1. Jac. to transfer any other Action to any person in order to the recovery of any of the goods of the Bankrupt but onely such Actions as the Bankrupt himself might have had to recover them if he had not been found a Bankrupt Mich. 22. Car. B. r. The King may by his Commission make one or more Deputy Escheators to find an Office after the death of a noble man or for some other special cause Pass 24. Car. B. r. A Justice of Assize may have a special Commission to ride the Circuit alone but if his Commission be generall and according to the Statute he is to have an Associat joyned with him in the Commission Trin. 24. Car. B. r. Sessions If a Court-Leet do not choose a Constable or do not give him his Oath to execute his office the quarter Sessions of the County where the Leet is may do it Mhich 22. Car. B. r. If one speak of a thing to be done at the General Sessions of the Peace it shall be intended to be meant that it was done at the Quarter Sessions Trin. 24. Car. B. r. For that is the most General Sessions being held for the whole body of the County Commitment None shall be committed for a contempt done to the Court if the contempt do not clearly appear to the Court Mich. 22. Car. B. r. Every Commitment to the Goal ought to be made by Warrant under the hand and seal of him that commits the party and the cause why the party is committed ought to be expressed in the Warrant Pasc 23. Car. B. r. This is true of Commitments made by Justices of the Peace in the Country but this Court may commit by Parol Contempt One may be committed for a Contempt done to the Court but the matter of the Contempt must be certain and not doubtfull Mich. 22. Car. B. r. An Attachment lies against one for a Contempt done to the Court Hill 22. Car. B. r. If the Court make a Rule in an Action of Trespas and Ejectment that the Defendant in the Action shall confess the Lease Entry and Ouster and yet at the Tryal the Defendant will not do it the Plaintiff must proceed notwithstanding in his Tryal but he may also proceed in this Court against the Defendant upon his Contempt in not obeying the Rule of the Court Pasc 24. Car. B. r. If one take out Execution upon a Judgement after that a Write of Error is brought in this Court to Reverse the Judgement and after the Writ of Error is allowed in the Court where the Judgement was given this is a Contempt to this Court Trin. 24. Car. B. r. But it is no contempt if the Roll be not marked or notice given to the party of the Writ of Error brought Mich 1649. B. r. The Plaintiffs Atturney is not bound to search the Record whether a Writ of Error be brought or not but may take out Execution upon the Judgement given for his Clyent if
Peace all the County over The Peace was prayed upon Articles read in Court against one one of which Articles was that the party against whom the peace was prayed did threaten that he would burn down the house of him that prayed the peace and upon that Article it was granted Hill 21. Car. B. r. To grant the Peace against one is to grant that the process of the Court may issue out of the Crown Office against him to bring him into the Court to finde suerties to be bound with him in a recognisance to the King to keep the peace towards all the Kings Liege people but more especially towards the party that prayes the Peace A Justice of Peace ought not to binde any person to the good behaviour upon a general information and if the party accused doth refuse to be so bound and find Suerties to be of good behaviour yet the Justice of Peace ought not by the Law to send the party to the Goal for refusing it Pasc 23. Car. B. r. For he that desires to have one bound to the good behaviour must shew some particular miscarriages wherein the misbehaviour of the party consists for accusatio generalis est nulla for what defence can be made to it The Justices of Peace ought by the duty of their places to attend at the Assizes and at the publike Sessions of the Peace held for the County whereof they are Justices Pasc 23. Car. B. r. The Commission of Oyer and Terminer doth extend to those that are Justices of the peace Pasc 23. Car. B. r. Q. Whether it be generally so A Justice of Peace may actually Arrest and commit the party to prison that doth a Felony in his own view without any warrant made under his hand and seal to arrest him but if there be an information made to a Justice of Peace that one hath committed Felony there the Justice must make a Warrant under his hand and seal to Arrest the Felon and may not do it by word of mouth 1650 B. S. It is usual in the Capital Office if one be bound to the peace there to keep him bound to the peace during his life But by Rolle Chief Justice there is no reason why this should be done 13. Maii. 1651. B. S. For the party may be come reformed and so no cause to continue him bound and his suerties for so long a time A Justice of Peace may require a Bond or Recognizance of a thousand pound of one for his keeping the peace if he see cause for it in regard that the party to be bound is a dangerous person and likely to break the Peace and to do much mischeif Pasc 1652. B. S. This Court will bind one to the Peace if they see cause to do it although there be no Oath made by any person against him that is to be bound that he goeth in fear of his life of him Trin. 1652. B. S. For the Oath of a party is but to manifest unto the Court that there is just cause why the party should be bound unto the Peace and therefore if the Court be sufficiently satisfied without such an Oath that there is good cause to bind the party to the peace they may do it without such an Oath If one do take his Oath in this Court against another that he doth go in fear of his life of him and prayes the peace against him he against whom the peace is thus sworn and the Peace prayed ought to be committed to prison if he do not find Suerties to keep the peace although there be no Articles exhibited and sworn against him 1652. B S For there appears sufficient cause by the Oath for the Court to do it though there be no Articles exhibited as the usual course is to do Issues The Court doth use upon a motion to order that good Issues be set upon a Sheriff or other Officer for not bringing in the body of the party into Court upon a Writ of Habeas Corpus directed unto him or for not making a good retorne but they will not order-what summe shall be set upon him but leave that to be done according to the custome of the Court Hill 22. Car. B. r. For where things are to go on in a common way of practice there the Court will not make a special Rule in the Case When Issues are set upon a Sheriff or other Officer by the Court for the neglect of his duty and afterwards upon some reasons shewed to the Court why they should be taken off or discharged the Court doth discharge them the Roll ought to be marked to shew they are discharged otherwise Process may issue out to levy these Issues notwithstanding they are discharged by order of Court Hill 22. Car. B. r. For as the Issues do appear upon the Record so they cannot be discharged but upon record If an Issue be not well joyned it is helped after a verdict by the Statute of Jeofailes but if there be no Issue joyned and a Verdict passeth this is erroneous and is not helped by the Statute Mich. 23. Car. B. r. But there must be a repleader to the intent there may be an Issue joyned upon which a tryall may be had Judges The Judges are to have a paper of the Causes which are to be spoken to in Court sent unto them particularly at five of the Clock in the evening the day before they are to be spoken to in Court Hill 22. Car. B. r. That they may have time to prepare to speak to them Justices of Oyer and Terminer cannot proceed to try persons endicted upon endictments not preferred before themselves but the Justices of the Goale-delivery may Trin. 23. Car. B. r. For the Justices of Goale-delivery have a more generall Commission for proceeding against malefactors than the Commissioners of Oyer and Terminer have The Judges of the Common Law have no ordinary jurisdiction to examine Witnesses in their Chambers but by the consent of the parties and by the Rule of the Court they may do it and there useth not to be any cross examinations of the party but the course is to put the Depositions in writing on both parts and then the Judg doth examine the parties upon their severall oathes whether their Depositions be true Mich. 23. Car. B. r. Where there do speciall and doubtfull matters arise upon the reading of a Record so that the Court is not for the present satisfied of the Law the Attorneys on both sides ought to prepare Books viz. Copies of the Record for the Judges at the Clyents equall charge that the Judges may upon view of the Record the better consider of the matters in dispute For it is the course for the Attorneys to make their Clyents for to pay for such Books in all such Cases although they never make any for the Judges By Rolle Chief Justice The Judges of this Court declared that they would not sit longer in Court then till one a clock in the
a Procedendo that the cause may be removed into London that the Custome may be tryed there for it cannot be tryed here and so if a Procedendo should not be granted the cause would remain untryed and the party that brought the Action would be without remedy Hill 22. Car. B. r. After the Defendant hath filed Baile in this Court a Procedendo ought not to be granted much less after issue is joyned in the cause Pasc 23. Car. B. r. For by admitting of the Bail the Plaintiff hath admitted the jurisdiction of the Court and it is then too late to move for a Procedendo It is not necessary that a Procedendo do agree in form with the Habeas Corpus by which the cause was removed into this Court but it is sufficient if it do agree in the matter with it Trin. 24. Car. B. r. If the Defendant hath put in Bail in this Court upon the removal of the cause hither by Certiorari or Habeas Corpus cum causa if afterwards the Bail be disalowed by the Court if the Defendant shall refuse to put in better Bail such as the Court shall approve of a Procedendo may be granted to the Plaintiff to remove the cause back again to try it where the Action was first said Mich. 24. Car. B. r. For disalowing of the Bail makes the Defendant to be in the same condition as if he had put in no Bail If a Certiorari to remove a cause be returned before a Judge and not in Court and their follows no proceedings in the cause after the Certiorari returned if the party who is concerned will move for a Procedendo he must move for it before the Judge before whom the Certiorari was returned and not in the Court whether the cause is removed Mich. 1649 B. S. Because the Judge hath been formerly acquainted with the return of the Certiorari and may have better knowledge why it was granted and therefore the Court will not intermedle to undo what the Judge hath done Practice If the Atturney for the Plaintiff do tell the Defendants Atturney that he is content to stay for a Plea till such a time and yet doth in the mean time enter Judgment for want of a Plea this is not fair practice but if this be made to appear to the Court the Court will vacate the Judgement and force him to accept of a Plea Hill 22. Car. B. r. For the Law will not countenance fraud and falshood in the proceedings thereof but loves plain and fair practice It is not fair practice for the Defendants Atturney to Demur to the Plaintiffs Declaration without probable cause but onely to gaine time to plead Trin. 23. Car. B. r. For this is apparent cause of delay Peace and Justice of Peace A Justice of Peace in one part of York-shire is not a Justice of Peace throughout the whole County but onely in that division of York-shire where he is authorised by his Commission to be a Justice Hill 22. Car. B. r. This is in regard of the large extent of that County for in other Counties a Justice of Peace in every County is a Justice of Peace throughout the whole County The Peace was granted against one upon an Article sworn in Court amongst others that he did threaten to burn down the Plaintiffs house Hill 22 Car. B. r. For such menaceing words are accounted to be a breach of the Peace and such persons are dangerous persons in the Commonwealth and to be restrained from doing mischief A Justice of Peace ought not to binde a man to his good behaviour upon a general Information and if the party shall refuse to put in sureties for his good behaviour upon such an information yet the Justice ought not to send him to the Gaol for his refusal Pasc 23. Car. B. r. But the information must be particular and shew wherein the misbehaviour consists for accusatio generalis non est applicabilis personae particulari It is the duty of Justices of Peace to attend duly at the quarter Sessions and at the Assizes held for the County where they are Justices Pasc 23. Car. B. r. For there are the most important businesses which concern the Peace and Government of the County managed The Commission of Oyer and Terminer doth extend to Justices of the Peace Pasc 23. Car. B. r. A Justice of Peace may himself actually arrest and commit a Felon for a Felony done in his own view without any Warrant made to another to do it but he may not command one to be apprehended for Felony upon a bare information made against the party but by a warrant under his hand and Seal and not by Paroll Pasc 23. Car. B. r. It is the course used in the Capital Office to continue one that is there bound to the Peace to be so bound during his life but by Rolle Chief Justice this is not reasonable Pasc 1651. B. S. 13. Maii. If the person that is to be bound unto the Peace be a dangerous person and the cause for which he is to be bound do require great security a Justice of Peace may require him to find extraordinary sureties to be bound with him and in what sum he shall judge the cause doth require Pasc 1652. B. S. If this Court do see cause to bind one to the Peace they may do it although no person doth make Oath that he goes in fear of his Life of the party Pasc 1652. B. S. For such Oath is but evidence against the purty that there is cause to bind him to the peace and if the Court be satisfied that there is cause to do it without such evidence the not having of such an Oath is no hindrance unto them to do it If one do swear the Peace in Court against another that is doth make Oath that he goes in fear of his life or corporal hurt of him the party against whom this Oath is made ought to be committed if he do not find sureties for the Peace although there be no Articles exhibited and sworn against him Mich. 1652. B. S. Priviledge A Committee man of Parliament that is not a Member of the Parliament is not Priviledged from serving upon the grand enquest Hill 21. Car. B. r. A Clerk of this Court is not to be compelled to lay his Action out of that County where this Court doth sit Mich. 22. Car. B. r. By reason of the constant attendance he is bound unto in this Court No Priviledge is to be allowed to one that hath an Indictment preferred against him although he be a Peer of the Realm Mich. 22. Car. B. r. For an Endictment is at the sute of the King and against him no Priviledge is to be allowed One that was coming unto this Court to attend upon his cause was arrested as he was coming and was forced to put in Bail but upon a motion and making it so to appear unto the Court he and his Bail were both discharged Mich. 22.
may either have an Alias Capias against the party that Escaped to take him again in Execution or an Action upon the Case against the Sheriff that suffered him to Escape Mich. 23. Car. B. r. An Escape in one place is not an Escape all England over 6. Nov. 1650. B. S. Extent Lands in the hands of a Trustee may be extended for a Debt due to the King Hill 23. Car. B. r. Q Whether they are extendable for any other Debt Escheator The King may by his special Commission make one or more Deputies Escheators to find an Office and this is used to be done after the death of a Noble man or other person of great quality Pasc 24. Car. B. r. Fine A Fine for a licence of Alienation to alien Lands held in Capite is to be paid in Chancery for there is the pardon for Alienation of such Lands without licence to be sued forth 21. Car. B. r. If an Officer of this Court do not give his due attendance upon the Court as his place requires the Court may set a Fine upon him for his neglect Trin. 22. Car. B. r. This Court may set a Fine upon the Clerk of the peace who returns an Endictment into this Court upon a Certiorari directed to remove the Endictment into this Court if the Endictment be not good in matter of form Trin. 22. Car. B. r. For it shall be intended that it was his negligence that the Endictment was not well drawn for it shall not be presumed that he can be ignorant in the form of drawing Endictments The Court cannot set a Fine upon a Sheriff that is out of his Office Mich. 22. Car. B. r. For then he ceases to be an Officer of the Court. If the Conusee of a Fine levyed of Lands do pay mony unto the Conusor of the Fine at the time of the Fine levyed and there is no use declared to lead the use of the Fine levied of these lands the Law will construe the Fine to be levyed of these Lands to the use of the Conusee to whom the Fine is levyed but if there be no money paid by the Conusee nor any use declared the Fine shall enure to use of the Conusor that levyed the Fine Pasc 23. Car. B. r. For nothing appears whereby it can be supposed that the parties had any intention the estate in the Lands should be altred by the Fine but that the Fine was levyed in Corroboration onely of the title of the Connsor If Justices of peace do proceed upon an Indictment after a Certiorari out of this Court is deliveed unto them to remove the Endictment into this Court This Court may set a Fine upon them for their contempt to this Court Hill 23. Car. B. r. This was done heretofore in the Case of Sir John Sedly and Sir Thomas Stile two Justices of the peace of the County of Kent If a Habeas Corpus do issue out of this Court and the party to whom it is directed do make an insufficient return of it this Court may set a Fine upon the party for making this insufficient return Pasc 24. Car. B. r. A Fine and recovery cannot destroy an estate executory which depends upon contingencies but it will destroy a Remainder Q. Pasc 24. Car. B. r. If part of a Fine that is set upon one that is convicted upon an Endictment or information for an offence done by him contrary to a Statute do belong to a subject as it may if the Statute do so direct all the fine set upon the party ought not to be estreated into the Exchequer Pasc 24. Car. B. r. But the Kings part onely ought to be estreated A fine sun Cognisance de droyt come ceo que il ad de lour done c. levyed of Land doth admit the possession of the Lands of which the Fine is levyed to pass by the Fine but a Fine come droyt levyed of Lands doth only pass the right of the Conusor in the Lands of which the Fine is levyed Mich. 1649. B. S. A Fine sur Cognisance de droyt come ceo c. is a Fessment upon Record of the Lands comprised in the Fine and doth imply a Livery and Seisin to be made of those Lands Hill 1649. 29. Jan. B. S. A Fine of twenty nobles was set upon one for bringing an Attaint against a Jury after the Jury had been formerly acquitted Hill 1649 4. Feb. B. S. A Fine set upon one which is voideable that is may be avoided is not void absolutely but continues to be a good Fine untill it be avoided by the Plea of the party that is Fined Pasc 1650 4. Feb. B. S. One may declare the use of a Fine by Paroll and if there be such a Declaration by Paroll made to lead the use of a Fine and it be defective to declare the intent of the parties it may be afterwards supplyed and made good by subsequent Parolls 8. Nov. 1650. B. S. Filing of Process or other thing A Capias that is duly sued forth may be filed afterwards and it is not necessary to File it at the time when it is taken forth 21. Car. B. r. For the Fileing of it doth contribute nothing to the essence of the Writ A Declaration may be Filed in the Office after a Writ of Error is brought to reverse the Judgement given in the cause wherein that Decleration was given and so is it of a Warrant of Atturney Pasc 24. Car. B. r. For the Defendant is at no prejudice by the filing of them and he did take notice of them as appears by his pleading and going to issue with the Plaintiff Affidavits which are not read in Court may not be filed there untill the secondary hath made his report in the cause touching which such Affidavits were made but if they be read in Court they may be presently filed Trin. 24. Car. B. r. For the Court takes no notice of them untill they be read in Court An original Writ may be Filed after Judgement given in the cause for which it was sued forth if it were sued forth before the Judgement given Trin. 1650. 26. Junii B S. The Court will not compell the Plaintiff to sile a venire facias after a Verdict if the venire will make an Error for if there be no venire that defect is helped by the Statute of Jeofailes but if there be a venire and that venire is erroneous this is not helped by the Statute Trin. 1651. B. S. False Latine and Form The Court doth use to amend False Latin and Form in Bills presented unto them by the grand Enquests every Term by their licence and consent but the Court cannot amend matter of substance in them Mich. 22. Car. B. r. For that were to make new Bills Forma Pauperis If one that is admitted to sue in Forma panperis will not proceed according to the Rules of the Court but useth delayes to vex his adversary the Court will Dispauper him
the night for that is a time for rest 1650. B. S. If a robbery be begun in the day light but is not ended till dark night yet the Hundred where it was done is chargeable for it by the Statute of Winchester 1650. B. S. Fee simple A Feffment made of Lands to one and his Heirs Males is a Fee simple Mich. 23. Car. B. S. For it is not an estate comprised within the Statute of West 2. De donis conditionalibus False Imprisonment An Action of False Imprisonment doth lye against a Baily by the party that is Arrested by him after the Writ is returned by Warrant whereof he was Arrested Hill 23. Car. B. r. For this is all one as if he were Arrested without a Writ for by the return of the Writ the Sheriffs and Bailiffs power are at an end as to that Writ If a procedendo be unduely obtained and the party against whom it is had be thereupon taken and imprisoned an Action of False Imprisonment doth lye by the party Imprisoned against him at whose Suite he is Imprisoned Mich. 24. Car. B. r. Feoffment A Feoffment made of Lands unto a Fem Covert is a good Feoffment in Law untill the husband do disagree to it Hill 23. Car B. r. Q. If the husband do not know of the Feoffment made and after the Feoffment doth dye what the Feoffment shall operate Foundation None hath power to Found a free Chappel but the King Hill 23. Car. B. r. For it is as much as to create a new Tenure The Foundation of a thing may alter the Law as touching that thing Hill 23. Car. B. r. Fiction of Law The Law ought not to be satisfied with Fictions where it may be really satisfied Pasc 24. Car. B. r. Yet in some Cases Fictions of Law are necessary and to be allowed Gavel-kinde IF one take to Wife a Woman Seised of Gavel-kind Lands and the Wife dye without having had any issue of her body by her husband yet the husband shall be Tenant by the courtesie of half of the Lands during the time he continues unmaryed But if he marry he shall forfeit his Tenancy by the courtesie But if he had issue by the Wife if the Wife dye he shall be Tenant by the courtesie of the whole Land and although he do marry he shall not forfeit his Tenancy by the curtesie Mich. 22. Car. B. r. This is by the custome of Kent Guardian A Gardian of an Infant may acknowledge satisfaction upon Record for a Debt which he hath recovered at Law for the Infant Trin. 23. Car. B. r. But it must be a Guardian that is Assigned by the Court to sue for the Insant The Court will Assigne a Gardian to an Infant to sue for him if the Infant do come into Court and desire it of the Court and name the party he desires to have for his Guardian and produce him in Court Trin. 24. Car. B. r. Good Behaviour If one do affront any Court of Justice this is a good cause to bind the party to his Good Behaviour Pasc 24. Car. B. r. For the affronting of justice is a publike misdemeanor and not a private although it be done but to the person of one man as to the Judge of a Court a Justice of peace c. He that doth upon Articles sworne in Court desire the party against whom the Articles are sworne may be bound thereupon to the Good behaviour must express some speciall matter in those Articles for which he ought to be bound to the good behaviour For if the Articles be only generall the good behaviour is not to be granted upon them Mich. 22 Car. B. r. For a generall accusation is no accusation for the incertainty of it Perjury is not an offence for which the party perjured may be bound to the Good behaviour Mich. 22. Car. B. r. But the party may be endicted for it and fined if he be thereupon convicted One was bound to his Good behaviour for affrighting people in the night in their houses by shooting off of Muskets and for the assaulting of one going in the high way Mich. 22 Car. B. r. A woman that is a common scold may be bound unto the Good behaviour Mich. 22. Car. B. r. For she is a common disturber of the publique peace The Good behaviour was granted against one upon an Article sworne against him that he had maliciously pulled down a piece of anothers house Hill 22. Car. B. r. A Justice of Peace ought not to binde any person to the Good behaviour upon a generall accusation made against the party Pasc 23. Car. B. r. One was bound to his Good behaviour for stopping of a Constable from making pursuit after a felon Trin. 23. Car. B. r. For this is a publike offence against the Common-wealth The Good behaviour is not to be granted against one for speaking of words only against one person but it may be granted against one for speaking of words against divers persons at severall times Hill 23. Car. B. r. For that is a generall misbehaviour The Good behaviour was granted against one upon an Article sworne and read against him that he said that he would burn down another mans house Hill 1649. B. S. Heire THe word Heir is nomen collectivum and extends unto all Heirs Trin. 23. Car. B. r. The Heir is favoured at the Common Law for at the Common Law the Ancestor could not convey away his Lands from his Heir at Law upon his death bed without the consent of the Heir Hill 23. Car. B. r. The Law is the preserver of Inheritances Heriott A Heriott is the fruit of a Rent-service Hill 21. Car. B. R. This is to be meant of Heriott service and not of Heriott Custome Habeas Corpus If a Prisoner appear in Court upon a retorne of a Habeas Corpus to remove him hither and there doth appear by the return that there was good cause to commit the prisoner to prison and to detain him there the Court will remand or send him back to the place where he was first committed but if upon the retorne it doth appear that there was no lawfull cause to commit him then the Court will discharge the prisoner but if it be doubtfull to the Court whether he was lawfully committed or not then the Court will bail the prisoner Hill 21. Car. B. r. Trin. 23. Car. B. r. A Habeas Corpus ad respondendum is when any one is imprisoned at the suit of another upon a legall process in the Fleet or any other prison except the Kings Bench prison and a third person would sue that prisoner in this Court and cannot because he is not in custody of the Mareschall of this Court there he may have a Habeas Corpus to remove the prisoner out of the prison where he is into this Court to answer unto his Action here 21. Car. B. r. A Habeas Corpus cum Causa doth remove the body of the party for whom
Upon a contract in the nature of a Debt Request or no Request is not material but it is otherwise if the contract be a special contract for a Collaterall thing Mich. 1650. B. S. Repeal The Defendant cannot Repeal his Warrant of Atturney given to an Atturney to appear for him but he is compellable to appear by his Atturney according to his Warrant by the rules of the Court that he may not delay his appearance by that means to the prejudice of the Plaintiff Trin. 22. Car. B. r. Reversal The chief Justice or the ancientest Judge in the Court in his absence doth alwayes pronounce the reversal of an erroneous judgement to be Reversed by a Writ of Error openly in Court upon the prayer of the party and he pronounceth it in French to this effect Pur les errors avandit et auters errors manifest in les record soyt les judgement reverse le Defendant restore a tout ceo que il ad per ceo perd In English thus For the aforesaid errors and other manifest errors in the Record let the Judgement be Reversed and the Defendant restored to all that which he hath lost by it Trin. 22. Car. B. r. But now the Seignior Judge pronounceth it and doth it in English The Reversal of a Judgement may be pronounced conditionally that is that the Judgement is Reversed if the Defendant in the Writ of Error do not shew cause to the contrary at an appointed time Trin. 22. Car. B. r. Where divers persons stand Out-lawed for a forcible entry if the Out-lawry be erroneous it may be Reversed as to one of the persons Out lawed and stand good as to the others but the possession of the Land cannot be restored untill the Out-lawry be Reversed in the whole Hill 22. Car. B. r. The Judge will not pronounce the Reversal of an erroneous Judgement though it be adjudged to be erroneous except the Councel for the Plaintiff in the Writ of Error do pray it may be pronounced Hill 1649. B. S. 30 Jan. For the Judges are only to do justice to those that desire it Restitution and Rerestitution No Restitution is to be granted by the Court upon the suggestion of the insufficiency of an endictment of forcible entry or other matter untill the Certiorari granted to remove the endictment into this Court be returned Mich. 22. Car. B. r. For before the retâ—rn the Court hath nothing before them upon record to judg upon Where an endictment of forcible entry is quashed the Court upon motion doth usually grant the party endicted a Writ of Rerestitution to restore him to the possession of the Land yet the Court may if they please settle the possession of the Land in question according to their own discretions viz. where they shall conceive the most right to be for the possession Mich. 22. Car. B. r. There ought to be no Restitution or Rerestitution granted of the possession of Lands where it cannot be grounded upon some matter of record Hill 22. Car. B. r. A Writ of Restitution lies to restore one to the place of one of the Common Councell of London or to the place of a Constable if he be illegally put out of such a place Trin. 22. Car. B. r. Or to a Church-wardens place or to a Recorders or Town-Clarks place and generally to any publike Office or place of profit or trust but not to a private Office or place The words remisit relaxavit expressed in a Charter of pardon granted by the King unto one for a felony committed by him do not restore him unto his goods which he forfeited unto the King by being convict of the felony but there ought to be the word restituit which doth properly and in its genuine signification import a Restitution to a thing which he hath not whereas the words remisit relaxavit may signifie the remitting or releasing of the claim which one hath to a thing which is in his possession to whom the release is made Trin. 23. Car. B. r. The proper nature of a Writ of Restitution is to restore the party that hath it unto the possession of a free-hold or other matter of profit Trin. 23. Car. B. r. Yet this doth not generally hold for one may have a Writ of Restitution in some Cases to be restored to a place of no profit as is before expressed The Law doth oftentimes restore the possession to one without a Writ of Restitution to wit by a Writ of Haberefacias possessionem and otherwayes in common course and proceedings of justice Trin. 23. Car. B. r. A Writ of Restitution is not properly to be granted but in such Cases where the party cannot be restored by an ordinary way of justice or course of Law and many times such cases do happen Trin. 23. Car. B. r. If one be endicted for a forcible entry and the party endicted do traverse the endictment he cannot have restitution granted unto him before a tryall and a verdict and judgment also given for him although the endictment be erroneous Mich. 23. Car. B. r. Mich. 24. Car. B. r. For it is too late to move to quash the endictment after he hath taken his traverse and so the endictment must stand good against him till the tryall The Justices of Peace only before whom an endictment of forcible entry is found must give the party Restitution who was put out of possession by force and not other Justices of Peace of the County but the Judges of this Court may grant a Writ of Restitution though the endictment was not found before them Hill 23. Car. B. r. For they have a superintendent power over all England Where a Judgment for Land is reversed in this Court by a Writ of Error the Court may grant a Writ of Restitution to the Sheriff to put the party in possession of the Land recovered from him by the erroneous judgment Pasc 24. Car. B. r. There may a Writ of Restitution be granted to one that stands endicted for a forcible entry after he hath traversed the endictment and before the tryall if there do appear to be apparent delay in the proceeding of the Defendant upon the traverse else not as is aforesaid Trin. 24. Car B. r. There cannot be a Writ of Rerestitution granted where there doth not appear to have been a Writ of Restitution formerly granted in the Case Mich. 1650. B. S. For the very word Rerestitution doth imply that there was a Writ of Restitution formerly granted A Writ of Rererestitution may be granted upon a motion for it if the Court see cause to grant it By Ask Justice Pasc 1650 B S. 2. Maii. Upon an endictment of forcible entry found against the party if he do neither traverse nor plead to the endictment the party put out of possession may be restored to his possession without moving the Court. Pasc 1650. B. S. 22. Maii. Rule The Court will not make a Rule for a thing which may be done by the
avoid trouble and charge which may otherwise befall him by executing the Judgement if he have a violent and malicious adversary After a Writ of Error is brought and allowed by the Court where the Judgement was given for the reversal whereof the Writ of Error is brought the hands of the Court are foreclosed that is stopped from proceeding upon the Judgement any further and there needeth no Supersedeas to be directed unto them nor is it necessary to mark the Rolle Mich. 1049. B. S. For every one ought to take notice of such general Writs as may any wayes concern them If a Writ of Error be brought to reverse a Judgement given upon a nihil dicit the bringing of this Writ of Error is a Supersedeas to stay Execution upon the Judgement notwithstanding the late Statute that enacts that a Writ of Error shall be no Supersedeas to stay Execution upon a Judgement Pasc 1651. B. S. 13. Maii. For that Statute onely extends to Judgements given upon a Verdict and not to Judgements given upon a nihil dicit or upon a non sum informatus or upon a demurrer Surprisal The Court is alwayes very cautious that no person that hath any cause depending before them be Surprised especially in such matters as are finall and penall to the party that is surprised Mich. 1649. B. S. Because by Surprisals the parties Surprised are deprived of making their full defence Setlement If one hath hired a dwelling house in one Parish and be settled in that house but a small time yet this is such a setlement in the Parish where the house is that the Justices of the Peace have no power to make an order to remove the party setled out of the Purish wherein he was so setled except the party so setled be lame or blind or likely to be suddainly chargeable to the Parish where he was so setled Mich. 1650. B. S. 11. Nov. Tryal and Proceedings to it NOtice to an under-tenant of a house or land that there is a Lease of Ejectment sealed and delivered to Try the title of the thing of which he is in possession is no good notice in respect to the upper tenant thereof or to him in reversion whose title is properly concerned and therefore if there be a Tryal and a Verdict and a Judgement in such a case where there was notice onely given to the under-tenant as aforesaid the Court upon a motion and proof of this matter will vacate such a Judgement as a fraudulent Judgement Hill 21. Car. B. r. For it is deceitfully obtained as to him in the reversion whose title is concerned in the Judgement No tryal ought to be had at the Bar the same Term that the Defendants plea is put in but the Term following by the Rules of the Court Hill 21. Car. B. r. Except it be by special rule of Court or in causes depending on the Crown side wherein the King is a party This Court will grant a Habeas Corpus to Try a Felon at the Bar although the Felony was not committed in the County of Middlesex isthere be not a Gaol Delivery in the usuall manner in the County where the Felony was committed Hill 21. Car. B. r. This is done for the expedition of Justice and that the prisoner may not lye long in prison for the Law favors liberty A Tryal in that Court where the issue Tryed was not joyned is not a good Tryal Hill 21. Car. B. r. For there was nothing before them to Try and so it was Coram non judice Where the Plaintiff will not Try his cause in such due time as he ought to do by the Rules of the Court the Defendant may upon warning given thereof to the Plaintiff proceed to the Tryal of it himself Hill 21. Car. B. r. That he may free himself from the Action that is brought against him Justices of Peace may by there Commission Try a murder committed in the County where they are Justices Pasc 22. Car. B. r. But they do not often do it but leave such matters to be Tryed by the Justice of the Gaol Delivery at the Assizes If any of the Defendants Witnesses to be used at a Tryal do live above fourty miles distant from London the Plaintiff by the Rules of the Court ought to give the Defendant fourteen dayes notice of the Tryal before he Try his cause Pasc 21. Car. B. r. That the Defendant be not surprised for want of sufficient time to get his Witnesses to be at the Tryall Upon a Tryal at the Bar when the Jury is at the Bar and the Court ready and the panell of the Jurors names is delivered to the Secondary he bids the cryer call the Defendant which he doth and if his Councel say they appear then the Secondary bids both parties take heed to their challenges and then proceeds to swear the Jurors but if he do not appear after thrice calling by the Cryer the Plaintiffs Councel do pray the Court the Verdict may be taken by default Trin. 24. Car. B. r. It is called a Verdict by default because if it pass against the Defendant where the Defendant had right and might have defended himself it is not the fault of the Court or Jury but his own that would not appear and defend his cause Where a Tryal is had by provisoe the Plaintiff may be called before the Jury is sworn if the Defendant do require it Trin. 22. Car. B. r. For the Plaintiff is as it were in the place of the Defendant because the cause is brought to a Tryal by the Defendant The Court will not grant a Tryal at the bar except there be oath made that the matter to be Tryed is very difficult or of great value Mich. 22. Car. B. r. In which cases it is fit the Tryal should be at the Bar where Tryals are more solemn and where more time may be spent in the Tryal then can be at the Assizes After a Tryal hath been in a cause the Court ought not to order that there shall be a new Tryal of it except it doth appear that there was a surprisall in the Tryal had or some fraudulent miscarriage in it for if they might in any case they please order a new Tryal this would be for the Court to have an Arbitrary power which the Law will not permit Mich. 22. Car. B. r. For this would weaken the Common Laws to the prejudice of the people Where warning is given of a Tryal to the Atturney in the cause and the Atturney cannot give notice of this warning timely enough for his Clyent to prepare for the Tryal the Court will not force the Atturney to go to a Tryal but will give longer time Mich. 22. Car. B. r. Because the Court will not surprise any person and such Tryals very seldome do determine the business but beget more trouble and charges to both parties Where there ought to have been a place alleadged whence the venue should come and there
Book and through the whole Book it self and which I have also already hinted unto thee to give thee a compleat Collection of all things belonging to each head which I do finde and have read delivered Sparsim in our Books but onely the substance of such things which I have heard and taken with my own hand at the Bar for some years last past much whereof I am confident thou canst not find elsewhere in print and this is also in the second place the true reason why upon some of the heads I am so short which might have been expected would have been far larger for as things were occasionally from time to time delivered by the Court so were they taken and so are they offered unto thee and not otherwise saving my endeavours to explain some things which by reason of the short delivery of them seemed more obscure then others and that not onely for the easier understanding of the younger Student but also if it were possible to satisfie those great Antagonists of the Law and the practice thereof who have need to have things made very plain and easie to them how much they have been out of the way in their vilifying and laboring to destroy that which is so excellent in it self and by which next under God we are not only continued to be a people but are also rendred a peaceful and a flourishing Nation and which I am confident mauger the malice of those that wish and hope the contrary will remain and flourish amongst us untill for our sins God shall say which I hope in his mercy he will not I have no pleasure in you but shall suffer a Foreign enemy as hath been heretofore done to take away not onely our Laws and Liberties but our Land and Nation If any shall say that my own interest hath warmed my zeal to this temper and renders what I have said suspicious of belief I must answer them that I am indeed of the profession of the Law and I am not ashamed of it for I believe it to be not only an honest but an ingenious and honorable calling and in it self not mercenary as it is by some said to be and too corruptly also so made by many others but for the advantage I have hitherto made by it or believe I shall ever do in the way of profit I might and may yet as easily be contented it should be taken away as most if not any of them that cry so loudly against it onely I believe with this difference I desire to keep that title Quelque chose that I have of mine own pur faire bouillir la marmite as the French saying hath it and with which I am I thank God contented under the protection of the Laws and they to get what they have not from others jure sive injuria it matters them not and that there may be no Law to check or punish their unbridled desires and unlawful actions did not then the ensuing Treatise abundantly prove the truth of that litle I have said in defence of our Laws and the practice thereof I should not doubt but my single and bare averment of a truth so well known unto many would sooner be believed then their many foul calumnies speaking their own interests though in disguised and fair words and pretences I shall say no more but leave what I have said to thy judicious consideration and the Book to thy serious perusal and favorable acceptance William Style From my Study in the Paper buildings in the Inner Temple Iuly the 1. 1646. THE TABLE A ATturney vid. Warrant Page 1 Actions Page 5 Amendment Page 10 Attachment Page 15 Amercement Page 18 Assignment Page 19 Averment ibid. Avowry Page 20 Adjournment ibid. Arrest vid. Judgement Page 23 Administration Page 21 Apparance Page 23 Affidavit Page 25 Addition Page 26 Award Page 27 Afirmance Page 28 Agreement Page 29 Attornment Page 30 Assumpsit ibid. Appeal Page 33 Age. ibid. Advantage ibid. Assize Page 34 Arraignment ibid. Attaint Page 35 Andita Querela ibid. Authority Page 36 Appurtenant and Appendant Page 37 Account ibid. Auditor Page 38 Argument ibid. Aide and Aide prayer ibid. B BAron and Fem. Page 39 Bar in Actions Page 40 Bail Page 41 Burglary Page 48 Bankrupt ibid. Breach Page 49 Bailiff ibid. Bargain and Sale Page 50 Battery ibid. Bill Page 51 Book ibid. C COurts and their Jurisdictions vid. Jurisdictions Page 52 Corporation Page 58 Costs and Charges Page 59 Chancery Page 62 Capias ibid. Challenge Page 63 Certiorari Page 64 Customs Page 67 Compulsion Page 69 Councell and Councellor ibid. County Page 70 Constable ibid. Commission and Commissioners ibid. Cessions Page 71 Commitment ibid. Contempt Page 72 Condition Page 73 Causes ibid. Confirmation ibid. Chattel ibid. Coppy-hold and Copyholder Page 74 Contract ibid. Covenant Page 75 Consideration ibid. Common and Commoner Page 76 Confession Page 77 Copy ibid. Conveyance Page 78 Certificate ibid. Clerk ibid. D D Departure Page 78 Denison Page 79 Delivery ibid. Dower ibid. Difference Page 80 Depositions ibid. Discretion ibid. Devise Page 81 Deodands ibid. Demurrer Page 82 Discharge Page 85 Disseisor Page 86 Distress and Distringas ibid. Discontinuance Page 87 Demand Page 89 Declaration Page 90 Duty Page 96 Dammages ibid. Deputies Page 102 Default ibid. Debt ibid. Deeds Page 107 E EJectment and Ejector Page 107 Evidence Page 112 Emparlance Page 118 Executor Page 119 Escape Page 121 Endictment ibid. Exposition Page 123 Election Page 124 Estople Page 125 E EXtinguishment Page 125 Error Page 126 Entry Page 133 Examination Page 134 Engagement Page 135 Exemplification ibid. Endictments Page 136 Exigent Page 135 Execution Page 139 Elegit Page 142 Essoigne Page 143 Exception ibid. Estate ibid. Enrollment Page 144 Escape Page 145 Extent ibid. Escheater Page 146 F FIne Page 146 Filing of Process c. Page 148 False Latin and form Page 149 Forma Pauperis Page 150 Forfeiture ibid. Franchise Page 151 Fees Page 152 Faits vid. Deeds Felony Page 152 Fee Simple Page 154 False Imprisonment ibid. Feofment Page 155 Foundation ibid. Fiction of Law ibid. G GAvel kind Page 156 Guardian ibid. Good Behavior Page 157 H Heir Page 158 Heriot ibid. Habeas Corpus ibid. Habere facias possessionem Page 160 Homage Page 161 Hundred ibid. I Jury Page 161 Issue Page 165 Judgement Page 168 Infant Page 184 Justification ibid. Jurisdictions vid. Courts Page 185 Injunction Page 186 Information ibid. Justice of Peace Page 188 Issues Page 190 Judge Page 191 Jeofails Page 192 Interogatories ibid. Intendment and Intentions Page 193 Impossbility Page 194 Impropriation Page 194 L LIvery and Seisin Page 195 Lease Lessor and Lessee Page 196 Liberty Page 199 Liver vid. Book Leet Page 199 Limitation Page 200 London ibid. Latitat Page 201 M MAreschal Page 201 Monstrance ibid. Motion ibid. Manslaughter Page 204 Mortgage Page 205 Messuage ibid. N NOn-sute Page 205 Nolle prosequi Page 206 Nomine poenae Page 207 Infancy ibid. Notice ibid. Non
omittas Page 219 Negative preignans Page 220 O OAth Page 220 Obligation ibid. Orders Page 223 Outlawry Page 224 Office and Officer Page 225 Oyer of a Deed c. ibid. P PLaint Page 226 Priviledge ibid. Prohibition Page 227 Pleas and Pleading Page 232 Pardon Page 247 Penalty ibid. Perjury Page 248 Process ibid. Provisoe Page 251 Pledges Page 252 Pardon ibid. Presumption Page 253 Ports Page 255 Property Page 256 Partision Page 258 Payment ibid. Procedendo Page 259 Practice Page 260 Peace and Justice of Peace ibid. Priviledge Page 262 Party and Privy Page 265 Purchase ibid. Prescription Page 265 Parish Page 266 Presentation Page 267 Principal and accessory ibid. Proof ibid. Plaint Page 268 Poor Page 269 Presentment ibid. Parliament Page 269 Presidents Page 270 Prison and Prisoner ibid. Possession Page 271 Peremptory ibid. Proclamation Page 272 Q Quashing of Endictments Orders c. Page 272 Quo Warranto Page 273 Quaere Page 274 R REturn of Writs c. Page 274 Record Page 278 Relief Page 283 Rescous ibid. Request ibid. Repeal Page 284 Reversal Page 285 Restitution and Rerestitution Page 287 Rule Page 289 Rejoynder Page 291 Remainder ibid. Revocation Page 292 Ryot ibid. Recognizance Page 293 Rolle ibid. Replevin ibid. Replication Page 294 Reservation ibid. Recovery ibid. Release Page 295. Recital and misrecital Page 296 Report ibid. Reversion ibid. Reference ibid. Right and common Right Page 297 S SCire facias Page 297 Statute Page 300 Satisfaction Page 302 Sheriff and Vunder-Sheriff Page 304 Suggestion or Surmise Page 305 Surrender ibid. Supersedeas Page 306 Surprisal Page 307 Setlement Page 308 Sessions vid. Cessions T TRyal Page 308 Traverse Page 318 Title Page 319 Tenement Page 320. Tipstaff ibid. Time Page 321 Treason ibid. Trespass Page 322 Tales Page 324 Terms Page 325 Toft and Croft ibid. Trover and conversion Page 326 Trust Page 326 Tenure Page 327 Tender ibid. Tythes ibid. V VEnue and venire Facias Page 328 Verdict Page 334 Valuation ibid. Vse Page 340 Vsury Page 341 Voide and voidable ibid. Vill. Page 342 Variance ibid. View ibid. W WArden of a Church or Church-Warden Page 342 Wast Page 343 Withernam ibid. Warranty Page 344 Writ ibid. Writ of Enquiry of Dammages Page 347 Way Page 348 Wager of Law ibid. Words Page 350 Witness Page 353 Will. Page 357 Errata In the Preface Page 5. line 27. for raised read Byased PAge 29. line 25. dele agreement p. 49. l. 8 read breach p. 50. l. 26. r. whereof p. 51. l. 19. r. are to be delivered to the Judes p. 62. l. 9. r. and in what p. 64. l. 25. r. for p 68. l. 7. r. if it p. 78. l. 17. r. him p. 81. l. 7. r. such p. 92. l. 11. r. wise p. 93. l. 4. r. forme l. 23. r. enact p. 103. l. 33. r. let p. 106. l. 4. r. an p. 106. l. 32. r. they p. 123. l. 28. r. Laws l. 33. r. contemptoranea p. 127. l. 16. r. in a. p. 141. l. 23. dele a. p. 145. l. 3. r. that there was such an enrollment p. 147. l 6. r. to the use p. 150. l. 9 dele doth p. 152. l. 18. r. the. p. 156. l. 27. r. behaviour p. 163. l. 5. dele 23. p. 173. l. 3 a. r. be p. 178. l. 26. r. 24. Car p. 192. l. 22. r. Q. Whether if an issue l. 24. for r p. 207. l. 15. r. and are presumed p. 209. l. 23. r. into the Office p. 125. r. this p. 211. l. ult r. cases p. 240. l ult r. the. p. 241. l. 1. r. the. p. 242. l. 3. dele if p. 243. l. 13. r. chief p. 248. l. 25. r. although l. 29. r. go to a tryal p. 253. l. 17. r. the. p. 258. l. 7. former p 260 l. 6. r. whither p. 275. l. 1. r. writ l. 2. r. of a. l. 6. r. them p. 276. l. 22. r. onely his p. 290. l 23. r. not p. 303. l. 21. dele the. p. 304. l. 22. r. the. p. 307. r. him p. 311. l. 3. r. a good p. 315. l. 8. r. of p. 319. l. 19. r. King p. 331. l. 12. r must p. 342. l. 8. r. a confined l. 26. r. between p. 339. l. 11. r. if it be Reader these Books following are Printed for Charles Adams and are to be sold at his shop at the Talbot in Fleet-street A Treatise of Religion and Learning and of Religious and Learned men in Alphabetical order a Work seasonable for these times wherein Religion and Learning have so many enemies By Edward Leigh Esq Master of Arts of Magdalen Hall in Oxford In Folio A Philological Commentary or an illustration of the most obvious and useful words in the Law by the aforesaid Author Edward Leigh Esq 8o. Reports of that Learned and Judicious Clerk John Gouldesborough Esq sometimes one of the Protonotaries of the Court of the Common Pleas being his Collection of Chocie Cases taken in the latter years of Queen Elizabeth with the Judges Resolutions thereupon Published by William Style of the Inner Temple Esq in 4o. The French Cook prescribing the way of making ready all sorts of Meats Fish and Flesh with their proper Sauces Together with a Treatise of Conserves and the whole skill of Pastry-Work Englished by J. D. Gent. In 12o. The Innocent Lord or the Divine Providence being the Incomparable History of Joseph Englished by Sr William Lower In 8o. Grati Falicii Cynegeticon or a Poem of Hunting by Gratius the Faliscian Englished and Illustrated by Christopher Wase Gent In 12o. Moral discourses and Essays upon several select subjects by Thomas Culpeper Esq 12o. A Learned discourse of Ceremonies by the Right Reverend Father in God Lancelot Andrews late Bishop of Winchester In 12o. An Answer to two Letters the one of a Papist the other of a Presbyterian by Tho. Swadling Dr. in Divinity In 4o. New Errors made palpable by an Old Light or a cheap and easie way to cure the dissentions of the times by Anthony Norwood Esq In 12o. A short and plain Catechism Instructing a Learner of Christian Religion what he is to believe and what to practice The Practical Register being Rules Orders and Observations concerning the general practice of the Law but more especially the way of practice in the Court of the Vpper-Bench by William Style of the Inner Temple Esq In large 8o. THE Practical Register Atturney EVery Atturney of the Upper Bench ought to attend in the Court at the second return of the Term by the Ancient Rules of the Court for the quicker dispatch of Justice to be done to the people and for that reason if they did not they were to be put out of the Roll and it was then Ordered that the Ancient Rules of the Court for Regulating of the Atturnies in their practice should be renewed and set up in the Kings Bench Office Hill 21. Car. Banc. Reg. One may not repeal a Warrant of Atturney given to an Atturney to appear for him to the intent
afterwards Trin. 1651. B. S. It was not the Ancient course of practice to bring the Original Record out of the Common Pleas into this Court to Amend the Transcript thereof by until this Court had agreed it should be Amended This was observed to avoid needless charge which might otherwise fall out to the Clyent Pasc 1652. B. Sup. If the Common Pleas do Amend a Record there which is not Amendable by Law this Court is not bound to receive the Record so Amended but will refuse it Trin. 1652. B. Super. After a Plea pleaded and the Jury returned the Defendant may not alter his Plea without moving of the Court But before the Jury is returned if the Declaration and the Plea be only in Paper the party may Amend his Declaration paying costs or giving an Imparlance by Herne secondarie Mich. 1655. B. Super. Attatchment An Attatchment may be granted against one that stands Indicted of common Barratry and will not plead to the Indictment Trin. 23. Car. B. Reg. This Court will not grant an Attatchment against one for disobeying an Order made by Justices of Assize Mich. 23. Car. B. r. An Attatchment may be granted against the party that doth refuse to joyn in a special Verdict agreed upon and for refusing to joyn in the paiment of the costs expended upon the tryal Mich. 23. Car. B. r. or for refusing to bring it into Court Hill 1649. 26. Jan. Saturday Pasc 23. Car. B. r. An Attachment is not to be granted against an Atturney for refusing to obey an order made by a Judge of this Court in his Chamber for this is no contempt to the Court because such an Order is not to be accounted for a Rule of Court Mich. 23. Car. B. r. An Attachment may be granted against Justices of the Peace for proceeding upon an Indictment after a Certiorari out of this Court is delivered unto them to remove the Indictment hither Hill 23. Car B. r. An Attatchment was granted against one of the parties to a Suite in this Court for perswading the Jurors returned to try the Issue in question not to appear at the day upon pretence that he had obtained an Injuction out of the Chancery to stay the proceedings in the Suite 25. Oct. 1650. B. Super. If an Atturney undertake to appear for one and afterwards refuseth to do it the Court will grant an Attatchment against him for his foul practice Pasc 24. Car. B. r. The Court will not grant an Attatchment against one for disobeying a Rule of the Court except it be proved that personal notice was given to him of the Rule Trin. 24. Car. B. r. If one Arrest another upon a Latitat and then convey him into a Corporation and Arrests him again there and proceeds not against him upon the Latitat but in the Corporation an Attatchment lies against him for abusing the process of this Court and making it a stale to another intent 27. Nov. 1650. B. Sup. This Court will make no Rule for an Officer thereof to be paid his Fees before he have dispatched his Clyents business but if the Clyent will not pay him his Fees after he hath done his business the Court will grant an Attatchment against him by Rolle Chief Justicâ— An Attatchment lies against the parties that will not pay such costs as are taxed by the Master of the Office of this Court 21. Car. B. r. An Attatchment was granted against one for proceeding in an inferior Court notwithstanding that a Habeas Corpus Issued out of this Court and thereupon a Supersedeas also granted to stay the proceedings there and an Amercement set upon the party that was to return the Habeas Corpus for not making a return of it 21. Car. B. r. In some eases the Court doth not use to grant an Attatchment against persons for misdemeanors done against the Court but will send a Tipstaff of the Court to bring in the offendor viz. if the party do live in or neer the Town 21. Car. B. r. An Attatchment was granted against a Sheriff for refusing to bring moneys into Court which he had leavied upon an Execution and was ordered by the Court to bring it in Mich. 22. Car. B. r. Generally an Attatchment doth lie for any contempt done against the Court Hill 22. Car. B. r. An Attatchment was granted against one for taking out of an Execution without warrant Hill 22. Car. B. r. An Attatchment doth lie by the Rules of this Court for not making a Return of a Habeas Corpus upon a Pluries Habeas Corpus issued forth Hill 22. Car. B. r. An Attatchment was granted against one for Arresting one three several times upon Latitats taken out of this Court for one and the same cause and not proceeding against the party Arrested upon any of them Hill 22. Car. B. r. An Attacthment was granted against two Bailiffs for Arresting the Tenants of one Glover upon a Latitat out of this Court upon the Lords day when they might have done it as easily upon any other day of the week 23. Car. B. r. An Attatchment was granted against a Baliff for executing of a Process of this Court against the Rule of the Court Pasc 23. Car. B. r. having notice of the Rule Amercement The Clerk of the Peace is Amerceable by the Court of the Kings Bench for gross faults in Indictments drawn up by him and removed thither and it hath often been so done 21. Car. B. r. If upon a Latitat taken out of this Court the Sheriff do return a Cepi Corpus and the party Arrested upon this Process doth not appear at the day of the Return the Sheriff may be Amerced by the Court yet if the Sheriff be Amerced if the party Arrested do appear within a week after the day he ought to have appeared the Amercement may by the course of the Court be taken off of the Sheriff Hill 22. Car. B. r. The Sheriff is to be Amerced for the faults of his special Bailiffs for the Sheriff is the Officer to the Court and not they Hill 22. Car. B. r. If the Sheriff be Amerced by the Court for the not doing a thing belonging to his Office and yet he continues to neglect to do it contrary to the Rule of this Court the Court may encrease the Amercements upon him until he perform his duty therein Trin. 23. Car. B. r. Amercements set upon the Sheriff upon the motion of the party if they be not estreated into the Exchequer may be with a respectuatur that is be respited if the party grieved who caused him to be Amerced will consent thereunto otherwise it cannot be Trin. 23. Car. B. r. A Sheriff out of his Office cannot be Amerced by the Court for then he is not an Officer to the Court But a Distring as Nuper Vice comiti may issue out against him Mich. 23. Car. B. r. An Amercement which is grounded upon a Presentment which Presentment is onely voideable by reason of some fault in
The Court did take Bail for a prisoner against whom an Appeal of murther was brought because that he did not flee for the murder supposed and had been formerly Indicted for this murder and acquitted upon the Indictment Mich. 22. Car. B. r. Vpon which presumptions they conceived he was not guilty else would not have Bailed him Bail peices are small pieces of Parchment in which is written the substance of the Bail and are filed in the Office of the Court besides the Bail that is filed upon Record Mich. 22 Car. B. r. And are made at the Judges Chamber usually before whom the Bail is taken If the Plaintiff require special Bail he ought to shew his cause of Action before the Judge that takes the Bail or else to declare against the Defendant that it may appear to the Court that there is cause why special Bail should be given otherwayes common Bail is to be filed and if he will not declare against the Defendant till after three Terms then by the course of the Court he must take common Bail what ever the cause of Action be Hill 22. Car. B. r. Trin. 24. Car. 1650. 22. Junii Where one is sued as an Executor he is not compellable to put in special Bail but in case of a Devastavit for wasting the goods of the Testator or where the Action is brought for something done by him since he became Executor Hill 22. Car. B. r. If an Action be brought against Husband and Wife and the Husband is onely Arrested yet the Husband must put in Bail for his Wife if the name of the Wife be in the Writ else he is not bound to put in Bail for her Hill 22. Car. B. r. For it is the Writ that warrants the Bail One may deposite a sum of mony in Court in lieu of Bail if the Court please and they may thereupon order the Plaintiff to waive other Bail 22. Car. B. r. Trin. 23. Car. B. r. If the Defendant do render his body in custody in discharge of his Bail the Plaintiff ought by the Rules of the Court to make his choice whether he will proceed afterwards against the Principal or the Bail Hill 22. Car. B. r. After the Roll is marked to have special Bail common Bail ought not to be entred but if the Roll be not marked for special Bail common Bail may be entred Hill Car. B. r. One that stands Indicted for Felony or for Forgery ought not to be Bailed untill he have pleaded to the Indictment Pasc Trin. 23. Car. B. r. For the parties shall be conceived to be guilty of the Crimes untill they plead If one be committed to prison by the House of Commons in Parliament the Court will Bail the party if in respect of his Fact he is Bailable in Law Pasc 23. Car. B. r. The Court will not Bail one that appears in Court upon the Return of his Habeas Corpus before they have considered of the Return to enform themselves whether he is Bailable by the Law or not Pasc 23. Car. B. r. One committed by a Justice of Peace upon the Statute for having of two Wives and appearing in Court upon the Return of his Habeus Corpus was Bailed upon the prayer of his Councel Trin. 23. Car. B. r. Where the not filing of common Bail will make Error in the Record there the Court will compell the Plaintiff to accept of it Trin. 23. Car. B. r. One that is within Age is not to be admitted to be Bail for another Trin. 23. Car. B. r. For he is not a person of himself responsable at the Law One committed for Felony and brought into this Court by his Habeas Corpus may not be Bailed with less then four Suerties Hill 23. Car. B. r. For the Crime being Capital requires exttraordinary Bail One Judge alone will not take Bail of a prisoner that appears upon his Habeas Corpus Pasc 24. Car. B. r. The putting in of a Declaration and the acceptance of it by the Defendants Attruney with the privity of the Plaintiffes Atturney is counted an acceptance of the Bail Hill 23. Car. B. r. 1650. Pasc 14. Maii. If a priviledged person in this Court do bring an Action against another in this Court he ought by the course of the Court to have special Bail put in to his Action Hill 23. Car. B. r. Whether there be cause for special Bail or not This I suppose is ex gratia Though one be Assigned by the Court to be of Councel on Record for a prisoner that stands Indicted of Felony yet he ought not to move to have the prisoner Bailed Pasc 24. Car. B. r. For he must not move for things against Law One that is Out-lawed ought not to be Bailed untill either the Out-lawry be Reversed or else he hath brought a Writ of Error to Reverse it Pasc Car. B. r. For an Out-lawed person is to receive no favour in the Law One single Judge in Court will not Bail a prisoner in a difficult case but will advise with his Companions Pasc 24. Car. B. r. One that is in Excution in custody of the Marshall of this Court is not compellable to find Bail if another Action be brought against him but if he be in the prison of the Fleet in Execution and an Action be brought against him in this Court he must either be removed and committed unto the custody of the Marshal of this Court or else he must put in Bail to the Action Trin 24. Car. B. r. Before a Supersedas be issued forth upon a Writ of Error brought he that brings the Writ of Error ought to put in special Bail to pay what shall be due if the judgement be affirmed Trin. 24. Car. B. r. It is not sufficient for the Plaintiffs Atturney onely to mark the Roll for special Bail but he ought also to give the Defendants Arturney notice that special Bail is required to the Action Mich. 24. Car. B. r. For the Roll may be marked without notice and so he know nothing of it and plain practice is alwayes the best If the Judgement be Reversed by a Writ of Error which was given against the principal there may be a special Writ taken out to discharge the Bail Mich. 24. Car. B. r. Bail is to be accounted good Bail which is taken de bene esse and before it be filed until it be questioned and disallowed Mich. 24. Car. B. r. Upon examination of it before the Judge Hill 1649. 11. Feb. Bail is so called because the party Bailed is delivered by the Law into the custody of those that are his Bail and who are to answer the party if they do not produce the principal to do it Trin. 1650. B. S. 15. Junii It is derived of the French word Bailler to deliver a thing to another If the Plaintiff do not declare against the Defendant in three Terms after Bail is put in the Bail is not chargeable Trin. 1650. 2. Julii
that doth rescue a Prisoner at the Election of the party who is damnified by this rescous Pasc 24. Car. B. r. Yet the judgments are different in these two Actions Where one may bring an Action of Wast for Trees cut down upon his Land it is at his Election to bring an Action of Wast or else an Action of Trover and Conversion for the Trees Mich. 24. Car. B. r. But both he cannot bring An Action upon the Case or an Assize doth lye against him that doth surcharge a Common at the Election of him that is injured thereby Mich. 1649. B. S. If a Prisoner escape that lyes in prison upon an execution an Action of Debt lyes against the Goaler that suffered this escape for the party at whose suit he was in execution but if he were not a prisoner in execution and do make an escape it is in the Election of the party at whose suit he was a prisoner either to bring an Action upon the Case or an Action of Debt against the Goaler for this escape Trin. 1650. 15. Junii B. r. If the Plaintiff amend his Declaration it is at his Election either to pay the Defendant Costs for this amendment or to give the Defendant an emparlance to the next Terme after the amendment and the Defendant cannot hinder this Election 7. Feb. 1650. For the Defendant is at no prejudice by it Estople A recitall in an Obligation is an Estople against which he that made the Obligation shall not be permitted to plead any thing to the contrary if an Action be brought against him upon this Obligation Pasc 24. Car. B. r. For that were to contradict his own act and Deed. If one enter into an Obligation by the title of an Esquire whereas in truth he is a Knight if an Action be brought against him upon this Obligation and he is named an Esquire he shall be Estopped to say in his Plea that he was not an Esquire but a Knight at the time he entred into the Obligation in abatement of the Writ Hill 1649. B. S. For constat de persona that he was by his own admission the same person that entred into the Obligation and did then admit the title of Esquire to be his true addition Where one hath liberty to confess and avoid the matter which the Plaintiff doth set forth in his Declaration against him there he cannot be Estopped to plead such matter for his defence 29. Jan. 1649. Hill B. S. Extinguishment If one have used to hold a Court by Custome as by Law he may if he do afterwards purchase Letters Pattents to enable him to hold this Court he hath thereby extinguished the Custome and must now hold the Court by vertue of his Letters Pattents Mich. 24. Car. B. r. For the party hath thereby waived the Custome and hath made Election to hold his Court by another Authority Error If a Writ of Error be brought to reverse a judgment and afterwards this Writ of Error is discontinued for want of prosecution of the party yet execution cannot be had upon the judgment untill this discontinuance of the Writ of Error be certified from the Court where the Writ of Error is discontinued unto the Court where the judgment was given 21. Car. B. r. If a Writ of Error be brought meerly to stop execution upon the judgment given and without any probable matter of Error to be alledged against the judgment and this doth appear unto the Court where the Writ of Error is brought the Court will not hinder execution to be awarded upon the judgment notwithstanding the bringing of the Writ of Error to reverse it 21. Car. B. r. For the Law doth require speedy justice to be done The assignment of the generall Error upon a Writ of Error brought is to say that the Declaration was insufficient and that judgment was given for the Plaintiff whereas it ought to have been given for the Defendant and such like generall frivolous matters without alledging any particular colourable matter of Error in the judgment 21. Car. B. r. A Writ of Error doth lye for one that is committed by a Justice of the Peace for a forcible entry committed by him Trin. 22. Car. B. r. For the commitment is grounded upon a judgment given by the Justice against the party committed All parties that are grieved by an erroneous judgment may joyn in a Writ of Error to reverse the judgment but persons that are not damnified by it cannot joyn with others that are damnified by it to reverse it Mich. 22 Car. B. r. For the Law will not favour any to sue who have no cause The Bail cannot joyn with the Principall in a Writ of Error to reverse a judgment given against the Principall 22. Car. B. r. For the principall must reverse the judgment alone if it be erroneous because it was only given against him and not against the Bail Errors to a judgment ought to be assigned upon the Record 22. Car. B. r. No person shall be compelled to bring a Record into the Court to make an Error in another Record Mich. 32. Car. B r. for the Law doth favour matters of Record and will affirm them rather then question them without apparent cause shewn If a judgment given in an inferior Court be entred in this manner ideo confideratum est and the words per curiam are omitted as they ought not to be the judgment is erroneous but if a judgment given in a superior Court viz. in any of the Courts at Westminster be entred and the words per curiam are omitted yet the judgment is not erroneous Mich. 22. Car. B. r. For inferior Courts are tied to observe their antient forms of proceedings and not to vary from them He that hath obtained a judgment if he finde that it is Erroneous may move the Court to have it reversed for his own dispatch which the Court will do when they are satisfied what the Error is Mich. 22. Car. B. r. For till such a judgment is reversed 〈◊〉 Plaintiff cannot bring a new Action for the same Cause for which that judgment was given for if he should the Defendant may plead the judgment in barr of his second Action If the Defendant after judgment given against him do bring a Writ of Error to reverse the judgment but doth not certifie the Record into this Court in reasonable time the Court will grant that the Defendant may have execution upon the judgment but he is not bound to certifie the Record the same Terme in which he brings his Writ of Error but if he do it the next Terme after it is sufficient Mich. 22. Car. B. r. If a judgment be given in any of the Cinque Ports if the Defendant will bring a Writ of Error to reverse it he must bring his Writ of Error before the Warden and Constable of Dover and not in this Court Mich. 22. Car. B. r. This is one of the Priviledges that belong unto those that
entred upon the Judgement and so the Judgment in the Trespass and the Act of Oblivion are both satisfied 1651. B. S. One may speak in Arrest of a Judgement given upon a nihil dicit after the Writ of Enquiry of dammages is executed upon that Judgement Mich. 23. Car. B. r. Infant An Infant ought not to appear to an Action brought against him by his Atturney but he must appear by his Guardian Pasc 24. Car. B. r. For he cannot make an Atturney and the Guardian is Assigned but with the consent of the Infant by the Court Trin. 24. Car. An Action of Debt doth lye against an Infant upon his promise to pay for necessaries as meat and drink lodging and apparel but if the Infant and the party from whom he had these necessaries do come to an account and reduce that which the Infant is endebted for them to a certain sum of money and upon this account the party brings an Action against the Infant for the money stated to be due by the account this Action will not lye against the Infant Trin. 24. Car. B. r. For the account upon which the Action is grounded is void for an Infant can agree to no such account Justification Where the Action concerns a transitory thing if the Defendant do justifie the taking or doing in one place this is a Justification in all places but if the Action concern a local thing a Justification in one place is not a Justification in another place Pasc 24. Car. B r. For in the former Case the place is not material but the meer doing or taking of the thing but in the latter the place is material for the Defendant it may be may be able to Justifie in one place and yet may be guilty in another place Jurisdictions The essentiall difference betwixt Free Chappels and other Churches and Chappels is that all free Chappels are free from the Jurisdiction of the ordinary Hill 23. Car. B. r. So that the ordinary is not to intermeddle with them in any thing that doth concern them or to visit them whereas all other Churches and Chappels are within the Jurisdiction of some ordinary and may be visited The Jurisdidiction of a Court where a cause is depending cannot be extended further in relation to that cause by the Consent of the Plaintiff and Defendant then of right it ought to extend Pasc 24. Car. B. r. For this would be for the parties to erect as it were a Court which was not before for the tryal of their cause and by this means the Jurisdictions of every Court would grow to be unlimited This Court hath no conusance of the proceedings in Parliament Pasc 24. Car. B. r. So held in John Lilburns Case because the Parliament is the supreme Court and subject to no other Court. This Court hath a general Jurisdiction to reform the abuses of all persons in their behavior throughout all England and the abuses and miscarriages of all Courts of Justice throughout all England 9. Feb. Hill 1649 B. S. 3. Julii 1650. B. S. If the Court of Chancery do grant a Habeas Corpus to a prisoner that is in the custody of the Marshall of this Court this Court hath not power to restrain the prisoner so long as the Habeas Corpus is in force 3. July 1650. Trin. B. S. In the Case of Sir Arthur Smithes and Workman This Court hath Jurisdiction over all the Courts of England in all Mandatory Writs 10. Feb. 1650. B. S. Injunction An Injunction out of the Court of Chancery doth not lye to stay execution after a Judgement given at the Common Law although the Bill upon which such Injunction is granted were put in before the Judgement given at Law for although the Chancery make a difference between exhibiting the Bill before the Judgement given and the exhibiting a Bill after the Judgement given yet this is no good difference for it is a like in both Cases Trin. 23. Car. B. r. But the Chancery may if there be cause stay proceedings at Law before Judgement given Information If by a penal Statute he that prefers an Information against another for an offence done against this Statute is to have half of the penalty which shall be recovered upon this Information there if an Informer do prefer an Information upon the Statute before any Information is preferred by the King the King cannot hinder the Informer from having his proportion of the penalty given him by the Statute but if the King do first prefer the Information he may Inform for the whole penalty Pasc 23. Car. B. r. For the King is not bound to stay till an Informer prefer the Suit but may sue at any time and if no body Inform none hath right to the penalty but the King and he may pardon it If the Marshall of the Kings Bench do misdemean himself in his office to the prejudice of any person he who is prejudiced by his misdemeanor may prefer an Information against him in this Court Hill 23. Car. B. r. And if he be found guilty upon a tryal thereupon had he may be fined by this Court or put put out of his Office if the Court shall see cause to do it The Clerk of the Crown ought not to set his hand to an Information without examining the cause for which it is preferred Pasc 24. Car. B. r. For if there be not at least in probabilities good matter in Law to ground an Information upon the party that doth prefer it is not to be assisted and encouraged in it for the Law doth abhor vexations and causeless suites An Information may be preferred in this Court against the Inhabitants of any Town or Village in England for the not repairing the High-wayes which by Law they are bound to repaire Mich. 1649. B. S. For this Court may punish offences done against the Weal Publick all England over If an Information be preferred at the Suite of the party there the Endictment ought to be brought to a tryal at the charges of the party that prosecutes the Endictment but if an Endictment be preferred at the Suite of the King there the Endictment shall be brought to tryal at the costs of the party against whom the Information is brought Pasc 1650. 24. Maii. B. S. Although an Information be faulty in the body of it yet upon a motion the Court will not quash it but the Defendant must demur to it for its insufficiency Pasc 1650. B. S 24. Maii. Justice of Peace A man may be a Justice of Peace in one part of Yorkeshire and yet not be a Justice of Peace in every part of the County Hill 22. Car. B. r. For Yorkshire is divided into divers parts called Ridings viz. into the East Riding West Riding and North Riding and he may be a Justice of Peace in one of those Ridings and yet not a Justice of Peace in another of those Ridings but generally a Justice of Peace of a County is a Justice of
cases doth use at the prayer of the party who is concerned to dispense with the not speaking to it at that time and doth give the party further time to speak in it without prejudice to him and this is called the putting off of a Peremptory Proclamation At the latter end of the Assizes there useth to be Proclamation made that no more records of nisi prius be put in to be tryed at that Assizes and that they shall not be received after and all persons that are to attend their tryals if the Records of nisi prius to be tryed be not then put in may depart and are bound to give no longer attendance at that Assizes Pasc 1652. B. S. Quashing of Endictments Orders c. THis Court hath authority to Quash Orders of Sessions Presentments Endictments c. made in inferior Courts or before Justices of the Peace or other Commissioners if there be cause that is if they be defective in matter or form Mich 22. Car. B. r. To Quash comes of the French word Quasser or rather Casser which signifies to break in peices to cancel destroy make null or voide But this Quashing is but by favour of the Court for the Court is not tyed Ex Officio to do it but may leave the party to plead unto them and to take advantage of the insufficiency of them by pleading to them as in many cases they use to do An Endictment may be Quashed for false Latine or for having in it insensible words or English words or for defect in the form of it Trin. 23. Car. B. r. But now by the late Act it may be in English The Court will not Quash an Endictment of forcible entry after a Verdict before hearing of both the parties concerned in the cause Mich. 23. Car. B. r. The Court will not Quash an information for a fault in the body of it but will leave the Defendant to demur unto it if he believe it to be insufficient but it is otherwise of an Endictment Pasc 1650. B. S. 24 Maii. Quaere rationem Quo Warranto A Quo Wvrranto was brought for vexation upon fourty eight points and the Court being moved in it did order that the prosecutor should wave that Quo Warranto and should bring a new one and therein insist onely upon three points but that he might proceed to a tryall upon it in such time as he might have done upon the old Hill 22. Car. B. r. Quaere Whether one that is under an Arrest may make an Obligation to the Plaintiff at whose sute he was arrested for his appearance to his Action Pasc 24. Car. B. r. Pasc 1648. B. S. In Leach and Davyes Case If a Lessee for years cut down Timber upon the Land let unto him and carry it away from off the ground Q. Whether the Lessor may bring an Action of Trover and Conversion for the Timber Mich. 24. Car. B. r. Whether a fine levyed of Land shall extend to a contingent use of that Land Mich. 24. Car. B. r. In Thomas and Kemishes Case If there be two Tenants in Common of Land and one of them dye Quaere How his wife shall be endowed of the Land which her husband beld in common whether by metes and bounds or not 16. Nov. 1650. B. S. Return of Writs c. THe Court was moved that a return made upon a Habeas Corpus might be amended before it was filed and it was granted Hill 21. Car. B. r. But after it is filed it cannot be amended for then it is a Record of the Court. If a special Scire Facias do issue forth a nihil cannot be returned upon this Scire Facias Hill 21. Car. B r. For a nihil is a general return which ought not to be in this case because the Writ is a special Writ If an inferior Court do make an ill return of a Habeas Corpus the Court will grant an alias Habeas Corpus and also set an amercement upon them for making an ill return of the former Habeas Corpus Hill 21. Car. B. r. Because thereby viz. by the ill return Justice is delayed and the party grieved is also put to more trouble and charge to obtain it If a Writ out of this Court be directed to an inferior Court which the inferior Court is not bound to allow but may proceed notwithstanding the Writ sent unto them yet they ought to make a Return upon the Writ and in the Return to shew the cause why they do not allow the Writ but do proceed in the Cause notwithstanding the Writ Hill 22. Car. B. r. For the Writs of this Court are to be obeyed if there be not very good reason shewed to the contrary why they ought not to be obeyed A prisoner brought to the Bar upon the Return of his Habeas Corpus may have a Copy of the Return if he pray it that he may take his exceptions to the Return Mich. 22. Car. B. r. But the Return must be first filed If the Under Sheriff of a County may be justly challenged as partial to the Plaintiff or the Defendant in respect of kindred or alliance or some other cause that may render him not to be indifferent between the parties and he be to execute a Venire Facias to summon to a Jury to try an issue joyned betwixt the Plaintiff and Defendant in such cases the Court will upon motion of the party that is likely to be prejudiced if a Jury should be returned by him order that the High Sheriff of the County shall himself Return the Jury Mich. 22. Car. B. r. If one be arrested by the Sheriffs Bailiff and a Bond be given unto the Sheriff that the party arrested shall appear at the Return of the Writ the Sheriff ought not to Return a Non est inventus but a Cepi Corpus and if he do Return a non est inventus the Plaintiff may bring an Action upon the Case against the Sheriff for making a false Return or else the Court may amerce him for it and if the Sheriff do Return a Cepi Corpus and yet the party Arrested doth not appear at the day the Court will encrease amercements upon the Sheriff untill he make the party to appear Hill 22. Car. B. r. For when the party is arrested he is in custody of the Sheriff and he ought to keep him at his peril and bring him in at the day and it is of favour to the party that he takes Bond of him for his appearance for he is not bound to do it and if he suffer by it he may take his remedy against the party upon the bond It is not requisite that the Sheriff in making a Return should insert his title or name of dignity or Christian or surname but onely by his name of office Hill 22. Car. B. r. Yet if he do insert those names which is usually done the Return is not thereby hurt or made defective If the Sheriff Return a Cepi Corpus and