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. 3.

Of Common pleas.

VVRits original are concerning * 1.1 Common Pleas, or appeales that concerne life.

Those that concerne com∣mon Pleas, lye not for or a∣gainst * 1.2 a fem couert without her husband, but (a) 1.3 an appeale of felonie against her doth.

Many hauing or giuing ioyntly cause of action, may sue or be sued together in one: which is called Ioinder in action. As A. is bound to B. in one statute merchant, and * 1.4 after A. and diuers others are bound to the same B. in another statute, and B. by one deed releaseth to them all, and after sueth execution seuerally: They shall ioyne in an Audita querela, because of this Ioynt re∣lease.

So one Decies tantum shall be against * 1.5 all the Iurors that take money to giue their verdict, for it is the entire act of all.

Seuerall actions of one nature, as debt, and detinue (for these are of one nature, in∣asmuch * 1.6 as the warrant of Attorny in a writ of detinue, and also the essoin. shall bee in placito debiti) may be ioyned in one origi∣nall with seuerall praecipes, or commande∣ments to be executed.

Prerogatiue.

Here in place of action against the King, petition must bee made vnto him in the Chancery, (a) 1.7 or in (b) 1.8 Parliament, for (c) 1.9 no action did euer lye against the K. at the Common Law, but the partie is driuen to his petition, and (d) 1.10 if the Eschetor seise goods without cause, or seise the goods of one outlawed, which outlawry is after re∣uersed, and account for them in the Exche∣quer; the partie must sue by petition for them. And that (in the case of heredita∣ments) * 1.11 though the King haue granted the same away. For vpon an office finding I. S. (who was attainted of felonie or treason by matter of record before) to be seised of cer∣taine land, if the King seise and grant i•• ouer, yet a stranger that hath right to enter or bring his action may do neither against the patentee, but must to the K. by petition. Whereupon processe shall goe out against the Grantee to maintaine his title. As the * 1.12 king

grants ouer his wardship, or any other cer∣taine estate in the land: the Scire facias for him that sueth the petition, must be against the patentee, not against the heire, in whose right the king is seised, for hee is not to pleade with the Heire, but with the King or him that hath his interest. And in a peti∣tion to reuoke letters pattents made to two * 1.13 &c. a Scire facias vpon it: the death of one of the patentees abateth not the petition, for the petition is not sued against the pa∣tentees, but against the king, nor they need not to be named in the petition, but in the Scire facias.

But whilest personall things seised for the King, remaine in the officers hands, * 1.14 the partie that hath right may trauerse the Records that entitle the King, and so haue his goods againe, or sue the officer, or di∣sturbe him to take the profits: As where it is found that one outlawed in a personall account, was seised of certaine land; and in this case he shall not be driuen to a petiti∣on: otherwise it is in case of a freehold, or inheritance.

Petition is a supplication declaring the * 1.15 parties right, where mention must be made of all the Kings title; else it shall abate. For vpon an issue in the petition found against thc king, he shall be concluded for euer to claime by any of the points contained in the petition.

Notes

• * 1.1

  Lit. 116.
• * 1.2

  18. E. 4. 4.
• (a) 1.3

  1. H 4. 5. Stamf. 62, a.
• * 1.4

  20. E. 3. Audit. Querela 28.
• * 1.5

  36. H 6. 28.
• * 1.6

  3. H. 4. 13.
• (a) 1.7

  Stāf. prer. 73.
• (b) 1.8

  Stāf. prer. 73.
• (c) 1.9

  Stamf. prer. 42.
• (d) 1.10

  34. H. 6. 5.
• * 1.11

  9. H. 6. 15.
• * 1.12

  Stamf. prer. 76.
• * 1.13

  7. H. 4 33▪
• * 1.14

  ••. E. 4. 24.
• * 1.15

  ••. E. 4. 52.