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. 30.

Of Pleas in Abatement.

THose in abatement are for any fault in the first matter of the suite, for which cause the defendant may haue oyer of any thing tendred by the plaintife, and not being parcell of the record, as of the writ, condition, &c.

Pleas in abatement are to the Count first, and then to ihe writ, for after pleading to the (a) 1.1 Count or to the (b) 1.2 plaint in an assise, a man may pleade vnto the writ, but (c) 1.3 not to the Count after plea to the writ, but (d) 1.4 to the matter of the Count he may.

And among pleas to the writ, excepti∣ons that arise vpon the view of the writ * 1.5 are to be pleaded before those that are for∣reine, or dehors the writ as non tenure, se∣uerall tenancie, &c.

Pleas to the Count are for insufficiencie, variance from the writ, &c.

Pleas to the writ are for default of forme, false Latine, &c.

By waging of Law of non sommons in a praecipe quod reddat the writ shall abate. * 1.6

In assises of nouell disseism and nu∣sance, in appeales of felonie and Iuris vtrum * 1.7 the defendant may haue many pleas, two, three, or more in abatement. As that there is no such towne, Hamlet, or place knowne

by the name, &c. and if that be not found, then that no Tenant of the freehold is na∣med in the Writ, &c. So in an appeale of fe∣lonie, whether the same matters be of seue∣rall natures (that is to say) one triable by record, the other by the Countrey, as that the appeale was purchased hanging ano∣ther, and also that there is no such Towne, nor Hamlet, nor place knowne out of the Towne and Hamlet as C. whence the de∣fendant is supposed: or all of one nature triable by the Countrey, as that his name is William, where hee is named in the appeale Iohn, and also that there is no such Towne, &c. or that the partie whom he is supposed * 1.8 by the appeale to kill, was dead such a day, which was two yeares before the appeale commenced. Or that the Plaintife is a Ba∣stard: or beeing a woman which bringeth an appeale of the death of her husband, that they were neuer accoupled in lawfull matrimonie.

The writ abating for some cause that cannot be imputed to the Plaintifes folly: as for (a) 1.9 false Latin, non (b) 1.10 sommons of the Sherife, (c) 1.11 Ioyntenancie, and such like: but not for non (d) 1.12 tenure, or (e) 1.13 na∣ming one an Esquire when he is a Knight, himselfe bringing another with speed in the same Court against the same partie, we call it a writ purchased by Iourneys ac∣compts, shall haue all aduantages of the former, for he shall recouer (f) 1.14 costs for the first suit: the (g) 1.15 defendant being Executor

shall be charged with the assets which hee had day of the first writ. (a) 1.16 Being tenant day of the first writ, hee shall not pleade non tenure, beeing (b) 1.17 sole tenaunt then he shall not pleade Ioyntenancie: being (c) 1.18 Ioynttenaunt, th••n he shall not pleade se∣uerall tenancie. But no writ by Iourneys accompts lyeth by or against any other then the selfe same parties, and in the same Court that the former was: for (d) 1.19 if the Plaintife in a seuerall action dye, his execu∣tors cannot haue an action by Iourneys ac∣compts. And (e) 1.20 if two coperceners bring a formedon, and one dyeth, the other as heire to her father may haue a Writ of all by Iourneyes accompts. But as heire to her si∣ster of her part she cannot. So if (f) 1.21 the Te∣nant in the praecipe die vpon a writ of dower brought, or such like, no writ lieth by iour∣neys accompts. But (g) 1.22 vpon the death of one of the Ioyntenants in a praecipe quod reddat, where the other hath all by surui∣uour it doth: lastly, if an assise of fresh force be abated in the franchise, a new as∣sise by Iourneys accompts cannot be in the Guild hall before the Iustices of assise.

Notes

• (a) 1.1

  30. E. 3. 20.
• (b) 1.2

  4. E 3. 166.
• (c) 1.3

  4. E. 3. 134. 135.
• (d) 1.4

  24. E. 3. 47. 35.
• * 1.5

  3. E. 3. 70.
• * 1.6

  22. H. 6. 41.
• * 1.7

  Stam. 82. •• of an assise. F. N. B. So k of a Iuris verum al∣so. 1. E. 4. 4.
• * 1.8

  ••2. E. 4 39.
• (a) 1.9

  38. E. 3▪ per 46. E. 3. 14.
• (b) 1.10

  46. E. 3. 14.
• (c) 1.11

  32. H 6. 24.
• (d) 1.12

  33. H. 6. 3.
• (e) 1.13

  33. H. 6. ibid.
• (f) 1.14

  9. E. 4. 5.
• (g) 1.15

  2 H 4. 21.
• (a) 1.16

  46. E. 3. 14.
• (b) 1.17

  41. E. 3. 4.
• (c) 1.18

  43. E. 3. 16.
• (d) 1.19

  4. E. 6. Br. Iourneys accom. 23.
• (e) 1.20

  7. H. 6. 16. ••3.
• (f) 1.21

  14. H. 4. p•••• 7. H. 6. 34.
• (g) 1.22

  7. H. 6. 23.