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.

Westm. 2. cap. 7. A gardein may haue a writ of admeasurement of dower, and the heire also at full age, if the gardein follow it faintly.

In Writs of admeasurement both of dower and pasture after the great distresse, Proclamation shall be made two Countie dayes, whereupon if the partie come, the plea shall proceed: if not, admeasurement shall be made in his default.

Westm̄ 2. cap. 8. When the same partie after admeasurement another time surchar∣geth, a writ to enquire if that second sur∣charge shall go out either iudiciall, if the former admeasurement were before the Iu∣stices, or otherwise originall out of the Chancerie. And the beasts surcharging the pasture, or their value, shall be answered to the King.

3 A Natiuo habendo for the Lord that * 1.1 hath an inheritance in any villeine, but not an estate for life or yeares, for this writ is in * 1.2 his nature a writ of right to recouer the in∣heritance of his villeine When his villeine departeth away from him. And here if the defendant plead that he is frank, the She∣rife * 1.3 cannot proceed.

4 Rationabilibus diuisis for that Lord whose land or waste hath by little and lit∣tle * 1.4 beene encroched vpon within time of memorie vntill now, by a Lord whose seig∣niorie adioyneth in another ville, against the Lord so encroching. But if the encroch∣ment * 1.5 bee at once, whether now or before time, there an assise of nouell disseisin ly∣eth, and not this writ.

5 A homine replegiando, for one impriso∣ned, * 1.6 or in prison detained where he should not. As being baileable, or claimed as (a) 1.7 a villeine, or in (b) 1.8 ward, where in deed he is frank out of ward.

6 A repleuin for goods or chattels di∣streined, * 1.9 which according to the nature of the plea ministred by the parties, groweth to be either a reall or personell plea, as vpon property claimed then is it personell, if the defendant auow the taking, for seruices or rent behind, &c. then it becommeth reall, &c. and as strong as a praecipe quod reddat, inasmuch as he is to haue a returne. And therefore he shall in that case haue aide be∣fore any plea pleaded, as in a praecipe quod reddat. And this may be both by Writ and * 1.10

plaint in any Court baron, as well as in the Countie Court. And beeing by plaint, * 1.11 though in the Countie Court, it shall not proceed if any thing touching the freehold come in question, as if the defendant auow∣ing for damage fesaunt, the Plaintife iu∣stifieth by reason of Common of pasture.

Vpon the pluries not serued by the Sherifr, his power is determined, and the * 1.12 parties shall plead in Bank.

Notes

• * 1.1

  F. N. B. 77. a.
• * 1.2

  F. N. B. 77. b.
• * 1.3

  F. N B. 77. a.
• * 1.4

  Old N B. 73.
• * 1.5

  Ibid. 73, & 74.
• * 1.6

  F. N. B. 66 ••.
• (a) 1.7

  F. N. B 66 f.
• (b) 1.8

  F. N. B. 67.
• * 1.9

  F. N. B. ••8. d 4 H. 6. 30.
• * 1.10

  F. N B. 70. ••, b.
• * 1.11

  F. N. B. 70. b.
• * 1.12

  2 H. 7. 6.