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.

32. H. 8. cap. 21. Trinitie Terme shall be∣gin the Monday after Trinitie Sonday for keeping of Essoynes, profers, returnes, &c.

The full Terme shall begin the Friday af∣ter Corpus Christi day. And haue foure re∣turnes onely, Crastino Trinitatis, Octabis Tri∣nitat': quindena Trinitatis, Tres Trinitatis. The rest are cut off.

To these Courts belongeth the power of sending forth writs.

A writ is a Latin letter of the kings from thence in Parchment sealed with his seale.

All Writs haue a salutation, Rex to such a one salutem, And a conclusion expressing the name of one which is witnesse to the writ, called Teste (who in writs out of the Chauncerie is the king himselfe: in other writs the chiefe Iustice of the place) the place as apud Westmonastarium, &c. and the time both day and yeare of the making of it, if it be returnable, the day of the returne is also appointed in it.

The third writ (which is the Fluries) not serued, is a contempt, whereupon an At∣tachment * 1.1 lieth. And therefore the third * 1.2 writ hath alwayes this clause in it, Vel causam nobis significes. So may the second which is the Alias also haue, if the Plaintife * 1.3 will.

The officer of these higher Courts is the sherife to whom is committed the cu∣stodie * 1.4 of the Countie.

For matters spirituall, as certifying ex∣comengement and such like, the ordenary * 1.5 is their officer.

And to the Sherife the writ must bee di∣rected, though it bee for a thing done in a franchise, and he shall send to a Bailife of the franchise: who shall serue it as a ser∣uant to the Sherife, and the Sherife re∣turne it.

And though the Sherife serue an execu∣tion * 1.6 in a Franchise, yet it is good. And the Lord of the Franchise is driuen to his a∣ction vpon the case against the Sherife, for the Sherife is immediate officer.

But in a place excepted out of euery * 1.7 countie (as the pallace of Westm̄ is) it shal bee directed to the Gardian of the pallace, for he is immediate officer to the court, and in the nature of a Sherife.

So certificates of excommengement &, * 1.8 such like must be made by the Ordinarie, not by the Commissarie, Archdeacon, or any other, though hee haue an immediate iurisdiction, vnlesse he were speciallie ad∣mitted an officer to the court.

These generall courts, are the Chan∣cery and two benches: the Kings Bench, and Common-place.

Chancery which beside that it dealeth with matters of Conscience, and modera∣ting the strictnesse of the common law by an absolute power, dealeth also in ordinary course of law in diuers cases especially, in suits concerning the King, as petitions. Scire facias to repeale his patents, &c. and

so it is a court of law and of record, where the Iudge is the Chancellor hauing the custodie of the great Seale of England, vnder which passe all Writs out of the Chancery with Teste meipsos; and also the Kings (a) 1.9 graunts, being therefore called letters patents, Though it bee of things which he hath in his naturall capacitie, as by descent from his mother, &c. and are * 1.10 entred of record in this Court.

Notes

• * 1.1

  2. E. 4. 1.
• * 1.2

  Fitz. Nat. Br. 68. ••
• * 1.3

  Fitz. Nat. Br. ibid
• * 1.4

  2. H. 6. 7.
• * 1.5

  7. E. 4. 14.
• * 1.6

  2. H. 6. ibid.
• * 1.7

  2. H. 6. ibid.
• * 1.8

  7. E. 4. 14. 8. H. 6. 3. 12. E. 4. 15.
• (a) 1.9

  4. El. Pl. 213.
• * 1.10

  (b) C••. Court•• fol. 108.