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.

CHAP. 19.

Of Iusticies.

A Iusticies is a writ that giueth the Countie court power to hold plea. And therefore is called a Vicon∣tiel writ, of this sort are.

1 An assise of petie nusaunce is where a mill, or such like, is leuied to ones * 1.1 nusaunce.

All of them are comprehended in these verses; 〈…〉〈…〉 rica ca 〈…〉〈…〉 gultum ges lendi•••• Fab, fur, porta domus, vir, gur, ••••, murus ouile: 〈…〉〈…〉 Et pons; traduntur haec vicecomitibus.

2. For admeasurement of things, as, * 1.2 Admeasurement of dower by the heire, when his gardein or himselfe endowed the wife in his nonage of more than she ought. * 1.3 But by this writ she shal haue no new land assigned to her in dower. But onely there shall be taken from her so much of the land as amounteth aboue the third part of the land, whereof she ought to be endowed.

Admeasurement of pasture by a com∣moner * 1.4 whom another commoner wrong∣eth by putting in more beasts into the Common then hee should, whether the

Common be appendant or appurtenant, so it be to a certaine number, wherein all the Commoners as well those that haue not surcharged, as those that haue, and also the Plaintife himselfe shall be admeasured But it lyeth not for the Lord against his Te∣nants surcharging, for he may distreine the surplusage for damage fesant. And as some say, may haue an assise, for it is a distur∣bance of the profit of his soile. Nor for the Tenant against his Lord surcharging, but he shall haue an assise of common.

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 * 1.5 hath an inheritance in any villeine, but not an estate for life or yeares, for this writ is in * 1.6 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 * 1.7 cannot proceed.

4 Rationabilibus diuisis for that Lord whose land or waste hath by little and lit∣tle * 1.8 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 * 1.9 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, * 1.10 or in prison detained where he should not. As being baileable, or claimed as (a) 1.11 a villeine, or in (b) 1.12 ward, where in deed he is frank out of ward.

6 A repleuin for goods or chattels di∣streined, * 1.13 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 * 1.14

plaint in any Court baron, as well as in the Countie Court. And beeing by plaint, * 1.15 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 * 1.16 parties shall plead in Bank.

Statutes.

Marleb. cap. 21. The sherife may reple∣uin beasts not onely without but within a libertie also, if the baylife of the libertie will not.

Westm 2. cap. 2. The sherife or baylife shall take pledges of the plaintife not only de prosequēdo before they make deliuerance of the beasts, but of returning of the beasts if a returne be adiudged, hee that taketh pledge otherwise shall answer the price of the beasts. Vpon a returne awarded to the defendant, the writ De returno habendo shal haue this clause, (that the sherife shall not deliuer them without writ, wherein men∣tion shall be made of the iudgement.) And therupon the plaintife (if he will) may haue a iudicial writ to the sherife to deliuer him the beasts.

Vpon a returne awarded, after which if a returne another time be awarded, there shal be no more repleuins. And if vpon his de∣fault the second time, or otherwise the de∣fendant

be adiudged to haue a new return, the distresse shall remaine yereplegiable.

1. & 2. Ph. & Ma. cap. 12. Euerie Sherife of a Shire (being no Citie) shall at his first * 1.17 Countie day, or within two moneths after receit of his pattent, proclaime in the Shire towne foure deputies at the least, dwelling not past twelue mile one from another, which in his name shall make repleuins as the sherife might do himselfe.

7 Many of the actions that went be∣fore, both for Reall things to be done as, * 1.18 Consuetudinibus & seruitijs: secta ad molendi∣num. Quod permittat: mesne: Dower, vnde nibil habet: and also personall actions, a•• Annuitie, debt, detinue, accompt, coue••••, trespasse, to what summe soeuer, may as well be brought in the Countie by Iusti∣cies, as to bee returnable in the Common place.

Notes

• * 1.1

  F. N. B. 184 b.
• * 1.2

  F. N. B. 148.
• * 1.3

  ibid.
• * 1.4

  F. N B. 125. b & d
• * 1.5

  F. N. B. 77. a.
• * 1.6

  F. N. B. 77. b.
• * 1.7

  F. N B. 77. a.
• * 1.8

  Old N B. 73.
• * 1.9

  Ibid. 73, & 74.
• * 1.10

  F. N. B. 66 ••.
• (a) 1.11

  F. N. B 66 f.
• (b) 1.12

  F. N. B. 67.
• * 1.13

  F. N. B. ••8. d 4 H. 6. 30.
• * 1.14

  F. N B. 70. ••, b.
• * 1.15

  F. N. B. 70. b.
• * 1.16

  2 H. 7. 6.
• * 1.17

  4. Deputies to make Repleuins.
• * 1.18

  (a) F. N. B. 151. b. Ibid. 123. a. Ibid. 123. f. Ibid 135. ••. Ibid 148. b. Ibid. 152. b. Ibid 119. g. Ibid. 138. b. Ibid. 117. b. Ibid. 145. c. Ibid. 85 f 86 g. In Ibid 86. For they are as a•• Commissiō in effect. And the Sherife may deter∣mine them by En∣quest, according to the course of the cō∣mon Law.