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.

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Title: 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.
Author: Finch, Henry, Sir, d. 1625.
Publication: London :: Printed [by Adam Islip] for the Societie of Stationers,; 1627.
Rights/Permissions: To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
Subject terms: Law -- England -- Early works to 1800.
Link to this Item: http://name.umdl.umich.edu/A00741.0001.001
Cite this Item: "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." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A00741.0001.001. University of Michigan Library Digital Collections. Accessed June 12, 2024.

Pages

CHAP. 14.

Of writs where the peace is not broken.

PErsonell Si fecerit te securums are of things done without force, or where force is coupled with it.

Of those without force, some goe not so farre as breach of the peace, others do breake it.

Those that breake not the peace, are these that follow.

Rationabili parte bonorum, for the wife & children of one deceased to haue their part of the goods.

Ʋalore maritagij for gardein in Knight seruice, when the heire at full age refuseth to satisfie him for his marriage: and there∣fore * 1.1 there in the writ are no words of the heires intrusion into the land.

A writ of forfeiture of marriage is to re∣couer the double value against such an heire marrying himselfe within age, without the * 1.2 Lords assent, and at full age putting out the Lord.

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Entrusion of word, when the heire of land by Knight seruice entreth, and put∣teth out the Lord, whether during his no∣nage or after his full age, if the heire both intrude and denie the value of the land al∣so, then this writ of Intrusion of ward may be brought for both.

Eiectione custodiae for any gardein by knight seruice or soccage, against a stran∣ger, * 1.3 eiecting him of the land, or bodie of the heire, or both.

Quare eiecit infra terminum for lessee for yeares, against the fe••••••e in fee, or for life * 1.4 of his lessor, for in such a case an Eiectione firme lyeth not against the feoffee or lessee for life, because hee is not the person that doth oust him, but his feoffor. And there∣fore was this writ deuised. And here the terme it selfe shall be recouered, if it be not past, as in an Eiectione firme that commeth after.

Trespasse vpon the case of things not a∣gainst the peace, as Assumpsits for an as∣sumption * 1.5 to be performed, and such like: and this lyeth not against Executors.

Here and in all other actions of Tres∣passe vpon the case, the writ must compre∣hend * 1.6 all the matter of substance, and which is trauersable as clearly as the count, vnlesse it be the day, quantitie of the land, or such like.

Notes

* 1.1

F. N. B. 141. d. f.

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* 1.2

F. N. B. 141: g.

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* 1.3

F. N B. 140.

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* 1.4

F N. B. 197.

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* 1.5

So is the Law now adiudged.

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* 1.6

38. H. 6 9.

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