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. 38. In an assise no more shall be sommoned but xiiij.

Men aboue lxx. yeares of age continual∣ly sicke, or sicke at the time of sommons, shall not be returned in Iuries or assises: nor any that dwell out of the Countie, vnlesse it be in grand assises.

Artit̄ super chart̄ cap. 9. 34. E 3. cap. 4. Iuries shall bee made of the next people of the Countie.

11. H. 6. cap 1. None dwelling in stewes shall be of a Iurie.

9 E. 3 cap. 4. A deed pleaded in a fran∣chise shall bee tried in the Countie where the action is brought.

2. E. 6. cap. 24. Vpon stroke or poyson in one Countie, the partie dying in another, an enditement and triall may bee in the Countie where hee dieth. And an appeale

sued there and tried by xij. men of the same Countie.

Likewise the accessaries in one Countie to a murder or felonie in another Countie, shall be indited, arraigned, &c in the coun∣tie where the offence of accessarie is done.

33. H. 8. cap. 20. Enditement of a person lunaticke, being at the time of confession of treason before the Councell, of perfect memorie, and so certified by them, shall be tried by freeholders of any Shire to bee ap∣pointed by commission. And the triall whe∣ther he be culpable or not, shall be there in his absence.

33. H. 8. cap. 23. Confession of Treason, Misprision of Treason, or murder beeing made before the Councell, or three of them, or they vehemently suspecting one of such an offence, it shall be enquired, heard, and determined by Commission out of the Chancerie, in the shire or place limited in that Commission, by such lawfull persons as shall be returned; wherein no challenge for the shire or hundred shall be allowed.

28. H. 8. cap. 13. & 27. H 8. cap. 4. All trea∣sons, felonies, robberies, murders, and con∣federacies within the Admiralls iurisdicti∣on shall bee enquired and determined in such forme of Law as if it were done vp∣on, the land by commission directed to the Admirall and three or foure other assigned

by the Lord Chancellor in the shire limited in their commission, where no challenge shall be for the hundred.

32. H, 8 cap. 4. The enditement and ar∣raignment of treasons and misprision of treasons in Wales, or else where the writs out of the Chancerie of England run not, shal be in such shires, and before such com∣missioners as the King shall appoint.

35. H. 8. cap. 2. All treasons, misprisions, or concealments of Treason done out of England, shall be enquired, heard, and de∣termined in the Kings Bench by men of that shire where the Bench sitteth, or else before Commissioners, and in such shire as shall be limited by commission.

1. & 2. Ph & Mar. cap. Trials for treason shall be according to the course of the com∣mon Law.

23. E. 3. cap. 3. No enditor be put in en∣quests vpon the deliuerance of enditees of felonies or trespasse.

Westm̄. 2. cap. 38. None shall bee put in assises or Iuries triable in their owne shire, but such as haue xx. s. a yeare freehold, nor in assises triable out of their owne shire, vn∣lesse they haue xl. s.

21. E. 1. De ponend' in Assisa. None shal be put in assises triable out of their owne shire but such as haue lands to the yearely value of C. s. nor in assises triable in their owne shire, vnlesse they haue xl. s.

2. H. 5. cap. 3. None shall passe in an en∣quest vpon the triall of the death of a man, nor betweene partie and partie in plea reall or personall, whereof the debt and damages amount to xl marks, vnlesse he haue lands of the yearely value of xl. s.

33. H. 8. cap. 13. In Cities, Boroughes, or corporate Townes, an inhabitant beeing worth xl. l. in goods, shall be admitted in triall of murders and felonies in euery Ses∣sion and gaole deliuerie for that Towne, though he haue no freehold.

35. H. 8. cap. 6. made perpetuall.

2. E. 6. cap. 32. The cause of hauing xl. s. value, must be inserted in the venire facias: and bee of lands out of antient demesne. Where that clause needs not, the Iurors must dispend some land of freehold out of antient demesne within the Countie where the issue is to be tried.

27. Eliz. cap. 6. Where the Iurors retur∣ned in the Kings Bench, Common place, Exchequer, or before Iustices of assise, ought to haue xl. s. freehold, there they shall from hencefoorth haue xl. l. yearely freehold out of antient demesne, in the Countie where the issue is to be tried. And the clause thereof inserted in the venire fa∣cias. These two Statutes extend not to cor∣porations.

27. Eliz. cap. 7. No Bailife of libertie shal returne to the Sherife, or deliuer vnto him

the name of any person to be returned in a Iurie without some addition whereby the partie may be knowne. Neither shall the Iurie, &c. returne any Iuror out of a liber∣tie without some addition whereby he may be knowne, nor within a libertie with other addition than that is deliuered vnto him by the Baylife, &c.

8. H. 4. cap. 3. Euerie Iuror returned with∣in the Countie of Middlesex shall be called the fourth day of the returne, and appea∣ring at the same day, their appearance shall be recorded, and they shall not be amerced nor lose their issues.

5 E. 3▪ cap. 10. A Iuror taking of the one part or of the other, shall neuer be of Iurie more. And besides imprisoned.

34. E. 3. cap. 8. The partie or any stranger may sue him for it.

38. E. 3. cap. 12. And both the Iurors, and the embraceors to procure it, being thereof attainted, shall pay ten times so much as he hath taken.

Westm. 2. cap 30. Assises of nouell dis∣seisin, mortdancester, and attaints, shall be taken thrice a yeare by two Iustices assig∣ned, associated with one or two discreet Knights in the Shire where they come.

In euerie shire before their departure they shall appoint the day of their returne: And adiourne the assises if the taking be by

any meanes deferred.

Also in assises of mortdancester beeing respited, they may adiourne into the Bench if need be. And when it commeth to the ta∣king of the assise, the Iustices of the Bench shall send it backe againe to them.

All pleas in either of the Benches that re∣quire small examination, shall be determi∣ned before them.

27. E. 1. cap. 4. Statutum de finibus leuatis. Such enquests being taken, shall be retur∣ned into the Bench, and there iudgement shall be giuen.

Enquests and Recognisances determina∣ble before Iustices of either Bench, shall be taken in vacation time, before any of the Iustices before whom the plea is brought, being associate to one Knight of the same shire, where such enquests shall passe, vn∣lesse it require great examination.

12. E 2. cap. 3. Stat̄ Eborat̄. Enquests in pleas of land (that require no great exa∣mination) shall be taken in the Countie before a Iustice of the place where the plea is accompanied, with a substantiall man is the countrey, Knight or other, so that a cer∣taine day be giuen in the Bench, and a cer∣taine day and place in the countrey, i•• pre∣sence of the parties demanding of the same.

Enquests in pleas of land that require no great examination, shall bee taken in the Countrey (in manner abouesaid) before

two Iustices of the Bench.

2. E. 3. cap. 17. All such enquests in plea of land shall hereafter be taken as well of the request of the tenant, as demaundant.

42. E. 3. cap. 11. Nisi prius shall not bee granted before the name of the Iurors re∣turned.

7. R. 2. ca. 7. In all manner of pleas where an Nisi prius is grantable of office after the great distresse returned, and thrice serued before the Iustices against the Iurors, and thereupon the parties demanded if any of the said parties will pursue, or if the parties refuse to haue Nisi prius in the case, then at the suite of any of the Iurors that is present a nisi prius shal be granted for ending of the quarrell.

14. E. 3. cap. 16. The Nisi prius in the Kings Bench shall be granted before a Iu∣stice of that place, if any Iustice of that place may well go into those parts. Else be∣fore a Iustice of the Common place, &c. otherwise the chiefe Baron being a man of the Law, if, &c. or else before the Iustices assigned to take assises in those parts. So that one of them be a Iustice of one Bench or other, or the Kings Serieant sworne.

18. Eliz. cap. 12. The chiefe Iustice of England vpon issue ioyned in the Kings Bench or Chancerie, and the chiefe Iustice

of the Common pleas, and chiefe Baron of the Exchequer, vpon issues ioyned in their seuerall Courts (or in their absence two o∣ther Iustices or Barons) or made Iustices of nisi prius for the Countie of Middlesex, in all issues ioyned to set in Westm̄ Hall with∣in the Terme, or foure dayes after.

4. E. 3. cap. 11. confirmed 7 Ric. 2. cap. 15. Iustices of nisi prius shall enquire, heare, and determine, as well at the Kings suite as the parties, all mainteyners, conspirators, ma∣kers of confederacie, and committors of Champertie, and all other things contey∣ned in the sayd Article, as wel as Iustices of Eyer should doe, if they were in the same Countie.

14. H. 6. cap. 1. Iustices of nisi prius haue power in cases of felony and treason as wel vpon acquittaile as attainder, and thereup∣on to award execution.

Stat̄ Eborat̄. 12. E. 2. cap. 2. Vpon a deed denied where witnesses are named, processe shall be awarded against the wit∣nesses if they come not at the grand di∣stresse, or vpon a nihil non inuentus returned, yet the taking of the enquest shall not bee deferred. If he come at the grand, and the enquest remaineth vntaken for some cause, the witnesses shall haue idem dies, and not appearing, then the first issues returned vp∣on them shall be forfeit, and the enquest taken, notwithstanding their absence.

An enquest shall be taken notwithstan∣ding the absence of witnesses dwelling in a franchise where the Kings Writ runneth not. Foure of the Iurie must also be of the * 1.1 same hundred, and so many are enough though it be in an attaint where the Iurie is xxiiij. In an information vpon the Statute of pluralitie of farmes, for hauing 7. Farmes in 7. Townes in foure seuerall hundreds: If foure of the Iurie haue any thing, or dwell within any of the foure seuerall hundreds it is sufficient.

Notes

• * 1.1

  7. H. 4. 17. 36. H. 8. Dy. 61.