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.

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Title: 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.
Author: Finch, Henry, Sir, d. 1625.
Publication: London :: Printed [by Adam Islip] for the Societie of Stationers,; 1627.
Rights/Permissions: To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
Subject terms: Law -- England -- Early works to 1800.
Link to this Item: http://name.umdl.umich.edu/A00741.0001.001
Cite this Item: "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." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A00741.0001.001. University of Michigan Library Digital Collections. Accessed June 12, 2024.

Pages

Statutes.

Westm. 1. ca. 40. Touching the oaths of the Champions it is thus prouided, because it seldome happened, but that the Champi∣on of the demaundant is forsworne, in that he sweareth that hee or his father saw the seisin of the land or his ancestor. And that his father commanded him to deraigne the right, that from henceforth the Champion of the demaundant shall not be compelled so to sweare.

The battaile in an appeale must bee in * 1.1 proper person. And therefore there the De∣fendant is restreined from the choise of bat∣taile, and must needs trie it by Iurie. If there be any notorious presumption of the fact in him, as that hee brake prison, or es∣caped * 1.2 by flight beeing led towards prison for it, or was (b) 1.3 endited for it. So in an ap∣peale of murder, that he was taken in the act with a (c) 1.4 bloudy knife, in an appeale of robberie, that vpon fresh suite and hue and crie hee was taken with the manner,

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hauing some of the money about him, or * 1.5 of imbecilitie in the Plaintife, as if he bee may med, or within age, &c.

But against a Peere of the Realme * 1.6 bringing an appeale, the Defendant shall not wage battaile, much lesse against the king either vpon an enditement or appeale.

6. Ric. 2. cap. 6. Ousteth battaile in an ap∣peale of rape.

Notes

* 1.1

••. E. 4. 35.

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* 1.2

(a) 1. ass. Pl. 6.

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(b) 1.3

22. E. 4. 19.

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(c) 1.4

6. H. 3. Coro. 411.

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* 1.5

22. E. 4. 29.

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* 1.6

Discourse of the Cust. of London. fol. 13. Stam. 108.

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