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.

14. Eliz. cap. 8. Euerie fraudulent reco∣uerie against any Tenant for life, or where∣upon any tenant for life, or hee that hath right to estate for life is vouched, shall bee void against him in the reuersion, or in the remainder, vnlesse it be by his owne assent appearing by record.

21. H. 8. cap 15. Termors for yeares or in by execution of Statute staple, Statute Mar∣chant, or Elegit, may falsifie recoueries one∣ly for their owne Terme in such sort as Te∣nants of the freehold, neither partie nor pri∣nie to the recouerie might at the Common Law.

In a Writ of dower by gardein in soc∣cage against gardein by Knight seruice, she shall at his prayer bee adiudged to endow her selfe wholly of the land in soccage. And this is called Dower de la plus beale. But such dower shall not bee where the woman is gardein en fait by knight seruice, nor where all the husbands lands were holden in soc∣cage, and shee brings her writ of dower a∣gainst the heire: nor where she brings it a∣gainst her husbands feoffee with warranty, for he may vouch the heire.

A debt acknowledged in Court of Re∣cord either to the King or to a Common, is in the nature of a Iudgement, and called a

Recognisance. And therefore such a matter acknowledged by an infant, cannot bee a∣uoided but during his nonage onely. As a (a) fine by writ of error, a (b) Recognisance, Statute, or such like, by an Audita quaerela: for it shall be tried by inspection of the Court, whether hee were within age, or no.

In appeales of (c) mayme, enditements or appeales of (d) felonie, the accessorie shal not be compelled to answer till attainder of (e) all the principals, by verdict, outlawrie, or though it be by taking him to his Cler∣gie, or abiuration So as if the principall die (f) or haue his (g) pardon before, or if two men be endited, one as principall, the other as accessarie, and the principall bee after∣wards attainted of another felonie and hanged: the accessarie shall be discharged And (i) if one of the principals bee not at∣tainted, the Accessarie shall not recouer da∣mages against the A bettor, for he is not le∣gitimo modo acquietatus. But in case of high Treason all offendors are accounted prin∣cipals, and there is no accessarie at all.

He that is or by possibilitie may be with in orders, for one being within orders (if he shew them, or the ordenarie certifie so much) shall haue his Clergie, whether he can reade or no. Otherwise he must be able to reade a verse, namely, a Deacon at the least, may haue the benefit of his Clergie, saue him either from Iudgement when the Clergie is prayed before, or from execution

if it be prayed after, if he be found culpable by verdict, or his owne (k) confession either before the Coroner, or the Iustices of any barre, felony, where life or member is to be lost, be it vpon an enditement or appeale, but (l) not for killing a man by misfortune, or se defendendo, nor yet for petie Larceny, for in these cases he is not to haue Iudge∣ment of life or member. No more in case of high Treason, or petie Treason. And such a (m) Clarke might indeed by the antient Law haue had his Clergie before hee were endited But now he shall not haue it vpon his arraignment, vnlesse he plead to the fe∣••onie and be found guiltie: for otherwise he should lose his goods by an enquest of of∣fice, to which he could haue no challenge ••s he may haue to this. But yet hee may waiue this benefit and pray his booke after ••he enquest, and before their comming ••acke. In which case notwithstanding, the ••erdict afterwards shall be taken And that ••s in fauorem vitae: because if the Iurie find ••im not guiltie, he shall be charged. And his possibilitie (there beeing no other im∣••ediment) as if it be a woman, a blind, or a ••aymed man, shal be tried by the Iudges. And therefore if the ordenarie challenge ••im, where he readeth not as a Clarke, he ••hall be fined and the partie hanged. Or if ••ee refuse him when hee doth reade as a Clarke, the ordenarie shal be fined, and the ••artie discharged, for the Court are Iudges ••f his reading. And the ordenarie is there

onely to challenge him for his Clergie, for the entrie is, Legit vt Clericus ideo tra••tat•••• ordinario, by his ablenesse to reade a verk, though he cannot reade without spelling. But if he can reade but here a word & there a word, and no three words together, quert whether that be sufficient.

Clergie is the deliuering of him to the ordenarie to be kept in prison.

If it bee before Iudgement, in which case we call him a Clarke conuict, hee shall be tried there by a Iurie of Clarkes. A•••• therefore purging himselfe shall goe •••• large. Therefore is a writ to command the ordinarie to admit him to his purgation. Not purging himselfe, but beeing found culpable by those Clarkes, he shall be onely degraded.

But vpon an appeale of Robberie, or such like, no purgation shall bee admitted. The reason seemeth because then the plain∣tife in the appeale should recouer his goods without cause, when by the purgation it did appeare that the other was not guilty of the felonie.

A Clarke conuict shall not answer to a∣ny offence committed before.

Notes

• Lit. 9.
• Park. 88.
• (a)

  18. E. 4. 13.
• (b)

  7. El. Dy. 232. 18. E, 3. 5.
• (c)

  41. E. 3. tres. 199
• (d)

  40. E. 3. 42.
• (e)

  1. Mar. Pl. 99. 3. H. 7. 12. 4. E. 6. Br Cor. 185
• (f)

  21. H. 7. 31.
• (g)

  3 H. 7. 12.
• (h) 12. E. 3. Cor. 378.
• (i)

  3. Mar. Dy. 120
• Stam. 133.
• (k)

  Stam. 138. d.
• (l)

  Stam. 124.
• (m)

  Stam. 130. ••.
• Stam. 123. d. 9. E. 4. 28.
• 9. E 4. 28.
• Stam. 138. 6.
• Stam. 138.
• Stam. 139. b.
• Stam. 108.