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.

31. Eliz. cap. 3. Vpon a Somon in a reall ••ction fourteene dayes before the returne, a ••roclamation of the Somons shall be on a ••onday immediatly after diuine seruice, at ••he doore of the Parish Church where the and lyeth, and returned with the names of ••he Sommoners. And till that done, no Grande cape shall goe out, but an alias & ••luries as the case requireth.

If the Tenant bee returned sommoned, * 1.1 where in deed hee was not, the writ shall abate.

Secondly, it is sommons & resommons, or another like sommons in a mortdaunce∣stor, Iuris vtrum, and an assise of darrein pre∣sentment.

By the goods, as in assises of nouel dis∣seisin and nusance, where the originall pro∣cesse is a Pone per vadios & saluos plegios. A Pone per vadios & saluos plegios is a pro∣cesse to attach the defendant by certaine of his (a) 1.2 proper goods not borrowed, or in pledge vnto him, beeing meere personall chattels, neither a (b) 1.3 chattell reall, as a ward, &c. nor (c) 1.4 parcell of his freehold as a clod of earth, &c. which hee shall (d) 1.5 for∣feit if he appeare not. (e) 1.6 And the Sherife may take those goods with him, or leaue them with the partie at his pleasure. But

whethersoeuer hee doe, the propertie is no•• out of the partie till he make default.

The originall processe by the person is •• Capias (which is processe to imprison him) then an exigent or solemne (a) 1.7 demaund •••• fiue seuerall Countie Courts immed〈…〉〈…〉 following one another. Therefore (b) 1.8 no Al∣locato comitatu lyeth if a Countie be holde•• after an exigent returned, and for not app••••∣ring, iudgement, to be out of the protection of the King and his Lawes, which wee call outlawry. The (c) iudgement whereof i•• to bee giuen by the Coroner in the f〈…〉〈…〉 Countie. For (d) 1.9 at the Common Law there is no outlawrie, but where the writ is vi & armis, as in trespasse, conspiracie, felony, &c. And the reason why it lyeth there, is, be∣cause they are acts founded vpon the sole tort of the defendant. And this is in m〈…〉〈…〉 felonie and treason.

Notes

• * 1.1

  22 H 6. 41.
• (a) 1.2

  35 H. 6. Br. Attachment 20.
• (b) 1.3

  7 H. 6. 10.
• (c) 1.4

  27 H. 6 2.
• (d) 1.5

  9. H. 7. 9.
• (e) 1.6

  ibid.
• (a) 1.7

  Br. per Stamf. 15.
• (b) 1.8

  32 E. 3. Exi∣gent 14.
• (d) 1.9

  35. H. 6. 6. Br. Exigent 24. 11. H. 7. 26.