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.

1. E. 3. Cap. 4. Statut. 1. Auerment giuen in a Writ of false Iudgement against the Record certifyed.

Things also that cannot be granted but by Deed, passe here, and that more strong∣ly, by matter of Record.

The King taketh Hereditaments, * 1.1 though it be but for yeares. Otherwise it is of an Obligation or Chattell personall, by matter of Record onely: for to personal and transitorie things, as Catalla felonum & fugitiuorum, wrecke of Sea, treasure troue, and the profits of land of persons out-law∣ed in a personall Action, &c. the King is intituled without office or other matter of Record: but to take a Free-hold by a Con∣dition * 1.2 broken, or purchase of his Villeine, or such like, hee cannot without office or matter of Record. Otherwise it is, where the Law casts a Free-hold vpon him, as in a gift in Taile, the remainder to the King. * 1.3

And therefore also the King taketh a Free-hold without liuerie or seisin by deed inrolled: but cannot be infeoffed by Deed, without inrollement of Record, for that no Liuerie can be made vnto him.

Villenage beginneth onely by confessing * 1.4 a mans selfe to be one in a Court of Re∣cord And therefore in a Praecipe quod reddat, * 1.5 if the Tenant say, That he is a Villeine to I. S. and holds the Land in Villenage, the demandant saith that is franke, &c. and he is found franke by the Iurie: yet he remai∣neth a Villeine to I. S.

Duties of the Testator growing by re∣cord, * 1.6 must be answered by Executors be∣fore other duties.

Courts of Record are the Parliament, * 1.7 or Courts that haue ordinarie iurisdicti∣on. For the Parliament when it is sitting, may take a Recognisance, and doe such other things as to a Court of Record ap∣pertaineth.

The Parliament is a Court of the King, Nobility, and Commons assembled, Hauing an absolute power in all causes. As to make Lawes, to adiudge matters in Law, to trie causes of life and death; to re∣uerse * 1.8 errors in the Kings Bench, especially where any cōmon mischiefe is, that by the ordinarie course of Law there is no meanes to remedie: this is the proper Court for it. * 1.9 And all their Decrees are as Iudgements. And if the Parliament it selfe doe erre (as it * 1.10 may) it can no where bee reuersed but in Parliament.

Notes

• * 1.1

  18. Eliz ploy. 483. 21. H 7. 19. 39. H. 6. 26. Stamf. praef. 56.
• * 1.2

  3. Eliz. ploy. 229.
• * 1.3

  3. Eliz. ploy. 229. 5. E. 4. 7.
• * 1.4

  Lit. 39.
• * 1.5

  41. E. 3. Villen. 6.
• * 1.6

  21. E. 4. 21.
• * 1.7

  1. H. 7. 20 the higher house. Br. Recogn. 8. the lower house.
• * 1.8

  23. El. Dyer 375. 1. H. 7. 19.
• * 1.9

  37, Ass pl. 17.
• * 1.10

  21 E. 3. 46. Br. Parliament 16.