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.

Prerogatiue.

The King shall not bee vouched, but prayed in aide of which in that case hath the force of a voucher. As if the King by * 1.1 his letters pattents giue lands to one by this word (Dedi) the patentee shall haue aide of him, because by the same word he might * 1.2 vouch a common person. And when one prayeth in aide of the King in liew of a voucher, the speciall cause must be entred, else hee shall neuer haue in value by peti∣tion.

So of Coperceners.

And if two parceners make partition, one alienateth part of her purpartie, the other is * 1.3 impleaded and prayeth in aide of her co∣parcener, and they lose. In this case she shal recouer according to the rate of the moitie which she lost, whether the other aliena∣ted before aid prayer, or after.

In an assise of nouell disseisin and nu∣sance, voucher lyeth not, vnlesse the vou∣chee * 1.4 be present in Court, and will by and by enter into warrantie.

He that is impleaded in any action wher∣in he may vouch and doth not, shall neuer haue the benefit of a Warrantia chartae.

Aduantages in certaine personell acti∣ons are Garnishment and Enterpleader. Garnishment is vpon a writ of detinue,

when beeing alledged by the defendant to haue beene vpon a bailement by the plain∣tife, and another or for another vpon con∣dition. * 1.5 As that if I. S. doe such a thing the goods shall be deliuered to him (for though the plaintife sole deliuered the goods, and I. S. were a stranger, yet I. S. is to haue ad∣uantage of the condition, and may haue a writ of detinue) if not, then redeliuered to the plaintife, that other shall be brought in to shew whether by reason of that baile∣ment which the defendant so alledgeth both for the (a) 1.6 place, (b) 1.7 condition, (c) 1.8 and matter of the bailement, viz. who bailed it, &c. from which the Garnishee cannot va∣rie * 1.9 howsoeuer it agree or disagree with the * 1.10 plaintifes declaration, himselfe or the plain∣tife ought to haue them, for garnishment is but to know whether the condition, &c. alledged by the defendant were performed or not. And if they were deliuered vpon o∣ther condition then the defendant alledg∣eth, the garnishee is at no mischiefe but the defendant: for the garnishee may recouer them by a writ of detinue, and the defen∣dant by his false plea maketh himselfe chargeable both to the plaintife and to the garnishee. But if the defendant affirme not any certaine bailement for place, condition, * 1.11 matter, &c. as if the plaintife declare of a bailement vpon certaine conditions, &c. and shew which, and that he hath perfor∣med them, and the defendant pray garnish∣ment generally: there the garnishee may

varie from the bailement alledged by the Plaintife, for the defendant hath not affir∣med the same.

Enterpleder is when diuers bringing seuerall writs of (a) 1.12 detinue, ward (b) 1.13 or Quare (c) 1.14 impedit against the same person in the same County, and for the same thing, though (d) 1.15 they varie in time and place of deliuerie (for the place is not materiall be∣ing all in one Countie) so as they varie not * 1.16 in the substance of their declaration, as for to declare of a chest sealed, without alled∣ging any deed in certaine: and the others to alledge a deed in certaine. They (f) 1.17 all shall enterplead together, as much to say, the rest shall answer him that brought the first writ, and therefore shall haue the same * 1.18 day giuen them, if the writs be returnable at seuerall dayes. And the reason of enter∣pleding in detinue is, because otherwise if one recouer against the defendant, yet the others action is not abated, but continueth still. Otherwise it is in a reall action as in a formedon praecipe quod reddat.

Notes

• * 1.1

  15. H. 7. 10.
• * 1.2

  9 H. 6. 4.
• * 1.3

  1. E. 3 4.
• * 1.4

  F. N. B. 178. c.
• * 1.5

  14 E. 4. 2.
• (a) 1.6

  21. H. 6 35.
• (b) 1.7

  40. E. 3. 11.
• (c) 1.8

  20. E. 4. 13.
• * 1.9

  (d) 40. E. 3. 11.
• * 1.10

  (e) 4. E. 3. ibid.
• * 1.11

  21. H. 6. 35.
• (a) 1.12

  33. H. 6. 25. 8. H. 6. 30.
• (b) 1.13

  3. H. 6. 44.
• (c) 1.14

  19. H. 6. 68.
• (d) 1.15

  8. H. 6. 30.
• * 1.16

  (e) 33. H. 6. 25.
• (f) 1.17

  8. H. 6. ibid.
• * 1.18

  33. H. 6. ibid. 8. H. 6. ibid.