Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

CHAP. 14.

Of Franchises.

BEside the Hereditaments alreadie handled (a) 1.1 there be certaine other de∣riued from the Kings Prerogatiue, which are termed Franchises. For all Franchises are deriued from the Crowne: and therefore are extinguished if they come to the Crown againe, by escheat, forfeiture, &c. For the greater drownes the lesse.

A franchise is a royall priuiledge in the hands of a common person: so we cal euery subiect: and is forfeited by misusing of it. As keeping Faire or market vpon Monday * 1.2 when Wednesday is granted him: or kee∣ping

Faire vpon two daies when hee hath but one granted: for that is a misuser. (But keeping market vpon a Monday and Wed∣nesday, when only Wednesday is granted, is a forfeiture but of that which he vsurpes more than is granted) Claiming a faire, &c. * 1.3 for two dayes by Patent, when onely one is granted, is a forfeiture of both. But if he claime one by Patent, and another by Pre∣scription, & this latter found against him; yet he forfeiteth but that day onely. Mis∣vsing * 1.4 of any point, where there be many in one Franchise, is a forfeiture of them all. But not where the Franchises are seuerall. But non vser of a market, &c. is no forfeiture * 1.5 of it, as it is of the office of the Clarke of a Market, and such like, which of necessitie must be vsed.

Statutes.

27. H 8. cap. 24. No subiect shall haue au∣thoritie to pardon any felonie, or any Ac∣cessaries to felonie, or any outlawrie for such offences. Nor to make any Iustices of Eyre, Assise, Peace, Gaole-deliuerie. All ori∣ginall Writs, inditements of Treason, Felo∣nie, and Trespasse, and Processe vpon the same, shall be onely in the Kings name. And the Teste in his name that hath the Franchise.

Euerie Writ and Enditement whereby a thing is supposed to be done against the Peace, shall be supposed to be done against

the Kings peace onely, and not against the peace of any subiect.

The King shall haue all fines, issues, a∣merciaments, & forfeitures lost by any Of∣ficers of Franchises for non execution, or insufficient retornes of processe, or for any misdemeanor concerning their office, with many prouisoes in the same statute.

The kinds of Franchises are diuers, & almost infinite.

Of such sort are the libertie of hauing a Court of ones owne; of drawing causes out * 1.6 of the Kings Court into his owne. In the first case we call it tenere placita, when hee is to hold it before his bailif in such a place, and therein a man may prescribe. (In the other case we call it Conisance of plea: and that lieth not in prescription but in demād, and is alwayes of Record) of returning Writs, &c. Also Warrens which a man * 1.7 may haue in anothers land, as well by the Kings grant, as by Prescription. And if the King grant to one Warren in his land, and afterwards the grantee alien the land, reser∣uing the franchise. Markets, (a) 1.8 Fayres, tolle (b) 1.9 of euerie buyer for things he buy∣eth there, not (c) 1.10 being for his own expen∣ces, For (d) 1.11 neither shall the seller pay toll, but the buyer: neither shall a man pay toll for the things he bringeth to the Faire, but for the things he selleth. But by custom he may for euerie thing brought to the Faire, & for his standing also. and whatsoeuer li∣berties & cōmodities else that (created first

by the kings special grant, or of their own nature belonging to him) are giuē to cōmō persons to haue any manner of estate in.

Notes

• (a) 1.1

  15 E. 4. 7. 4 El Pl. 219. 6. F. 3 per 30 H. 8. Dy. 44.
• * 1.2

  22 Ass pl. 34.
• * 1.3

  2 H. 7. 11.
• * 1.4

  22. Ass. ibid.
• * 1.5

  2. H. 7. ibid.
• * 1.6

  9. H. 7. 11.
• * 1.7

  35. H. 2. 〈…〉〈…〉.
• (a) 1.8

  2. H 7. 11. 22. Ass pl. 34.
• (b) 1.9

  9. H. 6. 45.
• (c) 1.10

  28. Ass pl. 53.
• (d) 1.11

  9. H. 6 45.