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.

Statutes.

36. Ed. 3. cap. 15. All pleas which bee pleaded in any of the Kings Courts, before any of his Iustices, or in his other places, or before any of his other ministers, or in the Courts and places of any other Lords within the Realme shall be pleaded, shew∣ed and defended, answered, debated and iudged in the English tongue, & that they be entred and inrolled in Latine.

Of all apparent faults proceeding from the Action, As in false Latine (a) or de∣fault of forme in the writ, insufficiencie in an office or Inditement, misawarding of Processe (as if of an exigent where no exi∣gent lieth:) impossibilitie in the plea, as in account, supposing him to bee his Receiuor for vij yeares, and the defendant pleads, ful∣ly accounted such a day, which is the first of those vij yeares; The Court must take notice. To abate the Writ, award a Super∣sedias vpon those offices, Inditements, or Processe, to stay Iudgement if the defen∣dants plea bee found against him, &c. though the partie except not to it. And therefore although hee that casteth an Es∣soyne cannot pleade in abatement in the Writ, by way of plea; yet if it be a matter apparent to the Court, (as Henricus, &c. Dux Hiberniae, where it should bee Dominus) he & euerie other stranger, as amicus curia,

may. And the Court is bound to abate it ex officio, though the Tenant or defendant make default.

Euerie Court hath power to award forth Precepts. And if the Precept bee not serued, another of the like nature shall goe forth till it bee serued. Therefore the second Processe is called a Sommons (or attachment, as the first Processe was) sicut alias; the third a Pluries, the fourth, and al the rest, Plus pluries.

To euerie Court doe belong both Clarkes and Officers.

A Clarke is hee that serueth for things to be done in Court, as entering the pleas, and such like.

Any error that appeareth to the Court to be the Clarkes (misprision) mistaking, may bee amended at any time. As a good originall Writ or precept ill entered in the Rolle. A Writ against A. and B. and the whole Processe continued against B. &C. not A. and B. a Scire facias out of a fine & parcell of the land omitted.

Notes

• (a)

  4. H. 6. 16.
• (b) 5. E. 4. 7.
• (c) 7. H. 6. 5.
• 4 H. 6. 16.
• 14. H. 6. 20. in a Sommons ad War∣rantizandum. F. N. B. 73. in a Re∣pleuin.
• 7. H. 6. 4••.
• 44. E. 3. 18.
• 20. E. 47.