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.

Westm̄ 2. cap. 37. No distresse shall bee but by Baylifes sworne and knowne.

Westm. 2. cap. 39. The plaintife may a∣••erre that the Sherife might haue returned greater issues, and thereupon shall haue a ••udiciall writ to the Iustice of assise to en∣quire of what & how great issues he might haue answered from the day of the purchase of the writ to the day of the returne, and the Sherife shall be charged of the surplusage not returned.

1. E. 3 cap. 5. The like auerment of two smal issues returned giuen against the bai∣lifes of franchises as well as the Sherife.

Vpon this distresse must be returned in ••••••ues the value of all his lands from the Teste of the writ vntill the day of the re∣turne. As if his land be worth xij. C. by the yeare, and a moneths space betweene the * 1.1 Teste and the returne a C. l. issues must be returned vpon him.

And with these issues whether in this case or in any other case of a distresse infi∣nite, as after a venire facias to returne Iu∣rors, &c. the land is charge able into whose hand soeuer it come after. As if issues be re∣turned * 1.2 vpon Tenant in taile, tenant for life, or a man seised in the right of his wife, the land shall be charged after their death: or * 1.3 if an Abbot lose his issues, and after bee translated and made a Bishop, the successor during his life shall bee charged. And in this respect because the land is charged, the beasts of any stranger comming vpon the same land may be distreined for the issues * 1.4 lost.

In such proces •••• these where 〈…〉〈…〉¦mēt or distresse should go out, 〈…〉〈…〉¦dant be a 〈◊〉〈◊〉 clark he 〈…〉〈…〉¦ned by his person, or 〈◊〉〈◊〉 if 〈…〉〈…〉 lay see else. as if the Sherife re〈…〉〈…〉 Cleric•••• bene fieat•••• non hab•••••• 〈…〉〈…〉 Processe shall goe out to the 〈…〉〈…〉 make him appeare by the ••••••es of 〈…〉〈…〉¦nefice, which is called a ve••ire f〈…〉〈…〉¦ricum.

A Capāas lyeth not here against 〈…〉〈…〉 * 1.5 of the Realme. But against a Knight 〈…〉〈…〉¦eth, for a man may be a Knight 〈…〉〈…〉 freehold: So cannot an 〈…〉〈…〉 common e••endement. 〈◊〉〈◊〉 if 〈…〉〈…〉 thing in the Countie where he is 〈…〉〈…〉 partie shall haue an Elegit sure 〈…〉〈…〉 such a Countie where he hath assets.

In a repleuin in the Countie 〈…〉〈…〉 it by writ or plaint, if the go〈…〉〈…〉¦ed * 1.6 away, so as at the Tenants 〈…〉〈…〉 cannot be restored, As if he that 〈…〉〈…〉 driue them to a Fortlet or Castle, or 〈…〉〈…〉 the Countie, &c. whereby the Sheri〈…〉〈…〉 turne vpon the pluries that they are 〈…〉〈…〉¦ned, processe of with e••••••am lyeth, 〈…〉〈…〉 for the plaintife to haue of the others 〈…〉〈…〉 till restitution of his owne.

Notes

• * 1.1

  24. El. Fairfaxes case in the Cōmon place.
• * 1.2

  D. Stud. per Br. issues 23.
• * 1.3

  22. H. 6. 4.
• * 1.4

  5. H. 7. 1. Br. 〈◊〉〈◊〉 41.
• * 1.5

  Br exigent. 72. It •••• error if he be outlawed. 26. H. 8. 7.
• * 1.6

  F. N. B. 73. & 74.