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6. Ric. 2. cap. 2. Debt, account, and all such actions shall be brought in the coun∣tie, where the contract was made.
The first matter of the suite is for euery man by writ out of the Chancerie, or in Courts where writs lye not by plaint or bill: for the King alone by enquirie.
In all of the first kind, the plaintife must find suretie by some that will be pledges to prosecute the suite. And so is the forme of
euerie originall Si (the Plaintife) fecerit it securam de clamore suo prosequendo, The en∣trie is, plegij de prosequendo Iohannes D••••. Rich. Roo. And these may be either to the * 1.1 officer, or to the Court where the suite is. But a poore man in stead of sureties shall * 1.2 giue his faith to prosecute it: whereupon the forme for him is, Et nisi fecerit & prae∣dict, (the plaintife) fecerit te securum de cla∣more suo prosequendo per fidem suam quia pan∣per est.
Writs that begin the suit, are originall, or Commissionall.
Originall which appoint the first pro∣cesse, if the plaintife find pledges returne∣able in the Kings Bench, or Common place.
This must be (a) 1.3 true Latin, for vpon habeas ibi hos (b) 1.4 breue, or vxori (c) 1.5 where it should be vxor, and such like, the writ shall abate, and beside (d) 1.6 formal, As (e) the Generall to be put in demand, and in plaint before the speciall. As land is generall to pree, pasture, wood, ioncarie, marsh, &c. Wood is the generall of all trees growing, and therefore shall bee put in demand be∣fore Alders and Willowes which are but species of it. The entier shall be demanded before the moyetie or part or parts. The more worthie thing shall be demanded be∣fore the lesse worthie, as a messuage before land: for land that hath building vpon it, is more worthie then land without buil∣ding. A Castle, before a messuage, or a
mannor (and yet it may bee parcell of a mannor.) But the reason is because a castle is more worthie. As being a place of force and defence against the enemie in time of warre, and against Rebels in time of rebel∣lion, a place in time of peace fit for the cor∣rection and imprisonment of great Malefa∣ctors, and a magnifical habitation for No∣blemen▪ So in a repleuin, if it bee of two Chattels, one quicke and the other dead, the liuing thing shall be first demanded.
Also it must expresse the name of bap∣tisme, and surname, or in liew thereof, the name of dignitie both of the plaintife and defendant. But not the name of his office, which is no dignitie. As pr. q. r. Iohanni Du∣ci (a) 1.7 Lancast. is good, but not Iohanni Recto∣ri (b) 1.8 de D. without expressing his surname. But when an officer is to sue by reason of his office, as a (a) 1.9 prebendary (b) 1.10 person, executor (c) 1.11 gardein (d) 1.12 by Knight seruice, &c there he must expresse the name of his office: or when one bringeth an appeale of murder, ••s brother and heire, &c.
Where there be many of one name, diuer∣sitie of the names must be put by addition of eigne puisne, &c. else the writ shall abate.
A Corporation may sue by the name that they are corporate, without name of Bap∣tisme or surname, as pr q. r. maiori & comu∣nici L. &c. or Decano et Capitalo D. &c.
9. E. 4. 27.
Regist fol. 228 et per Br pledg 29.
••. E. 3. 4.
9. H. 7. 16.
3. E. 3. 86.
3 E. 3 ibid. All this that fol∣loweth is the rule of the Register.
8. E 4. 24. E 4. 24. saith, the reason is because there are in Englād no more Dukes of that name: and so i•• may well enough be knowne of whom it is meant: and also for the selemnitie of the creation. But o∣therwise it it of knights for there are 1000. Knights in England. Therefore there the writ must be pracipo I. S. mi∣liti.
27 H. 6. 3.
13. E. 3. br. 675 in act reall.
12. H. 4. 20. in Assise. 10. H. 7. 5. in wast. 18 Ed 4. 17. in an∣nuitie.
30. H. 6. 5.
9 E. 3. 465. 33. H. 8 Dy. 50. 37. H. 6 29. 27. H. 6. 3.