Les termes de la ley; or, Certain difficult and obscure words and terms of the common laws and statutes of this realm now in use, expounded and explained Now corrected and enlarged. With very great additions throughout the whole book, never printed in any other impression.

Proces.

PRoces are the Writs and Precepts that go forth upon the Original. And in Actions real and personal there are sun∣dry sorts of Proces: For in Actions real the Proces i •• Grand Cape before Appearance: There∣fore see of that in the 〈◊〉〈◊〉 Petit Cape.

But in Actions personal, as in Debt, Trespass, or Detinue, the Proces is a Distress: and if the Sheriff return Nihil ha∣bet in Balliva, &c. then the Pro∣ces is Alias Capias, and Pluries and an Exigent; and they are called Capias ad respondendum. Also the Exigent shall be pro∣claimed five times; and if the party do not appear, he shall be outlawed. But in divers Actions there are divers manners of Proces, which at large is decla∣red in N. B.

And there are divers other Proces after Appearance, when the parties are at Issue, to make the Enquest appear: as a Writ of Venire facias; and if they do not appear at the day, then a

Writ of Habeas corpora Jurat', and after a Writ of Dist •• ingas Jurat'.

And there are divers other Proces after Iudgment; as Capias ad satisfaciendum, and Ca∣pias utlagatum, &c.

Capias ad satisfaciendum lies where a man is condemned in any Debt or Dammage, then he shall be arrested by this Writ, and put in Prison without Bail or Mainprise, till he hath paid the Debt and the Dam∣mages.

Capias utlagatum lies where one is outlawed, then he shall be taken by this Writ, and put in Prison without Bail or Main∣prise, for that he had the Law in contempt.

And there are other Proces and Writs Iudicial, as Capias ad valentiam, Fieri facias, Scire facias, and many other: and therefore look for them in their Titles.