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.

West. 2. cap. 13. He that recouereth debt or damages in the Kings Court may at his choise haue a scire facias of the land and chattels of the debtor, or a writ for the she∣rife to deliuer him all the Chattels of the debtor (except oxen and plow beasts) and the moitie of his land by a reasonable ex∣tent till the debt be leuied. And if he bee eiected out of the land, he shall haue an as∣sise: and afterwards a writ of redisseisin if need be.

••1. E. 1. Stat Acton Burnel. A debt ac∣knowledged to a Merchant, before the Maior of London, Yorke, or Bristow, or be∣fore a Maior or Clarke (appointed by the King thereunto) shall be enrolled. And if it be not paied at the day, the debtors moue∣ables shall be prised and sold in satisfaction by the Maior, if he haue any within his iu∣risdiction, else by writ out of the Chancery vpon a Certificate of the Recognisance thi∣ther. The prisors to take them of the price if they prise too high; if they haue not moue∣ables sufficient, then he shall be imprisoned til, &c. The like processe against pledges, in default of sufficient moueables of the prin∣cipall.

13. E. 1. Stat, De mercatoribus. A debt acknowledged to a Merchant before the Maior of London, or chiefe Wardein of a Towne, which the King shall appoint, or other sufficient men when they cannot at∣tend, and before a Clarke which the King shall assigne, shall be enrolled, and if it be not payed at the day, the debtor if he be a lay man shall be imprisoned by the Maior till, &c. if he be within their power, else by writ out of the Chancerie vpon Certificate of a Recognisance thither. And if he agree with the ereditor within a quarter of a yeare after, then al the lands which were the deb∣tors, day of the Recognisance made, and al∣so his goods, shall be deliuered to the credi∣tors vpon a reasonable extent. And of these lands so deliuered, the conisee being ousted, shall haue an assise or redisseisin.

The writs out of the Chancerie shall be returnable before the Iustices of either Bench, and vpon a Non est inuentus returned or that he is a Clarke, writs to all the she∣rifes where he hath lands or goods, shall go forth to deliuer the same vpon reasonable extent, and to what sherife hee will to take his bodie.

The like processe shal be against the pled∣ges if the money be not paied at the day.

If the debtor or pledges dye, the creditor shall haue execution vpon the lands of the heire at his full age.

27. E. 3. cap. 9. The Maior of the Staple shal take Recognisance of debt before him∣selfe

and the Constables of the Staple, whereupon default of paiment being made the debtors body shall be imprisoned, and his goods sold in satisfaction (if they bee within the Staple) else vpon a Certificate in the Chancerie, a Writ shall goe out from thence to imprison their bodies, and seise their lands and goods which shall be retur∣ned in the Chancerie, and execution there∣upon in all respects as in the Statute Mer∣chant. Saue that the debitor shall haue no aduantage of the quarter of a yeare.

5. H. 4. cap. 12. A Statute beeing once shewed in the Common place, and the pro∣cesse afterwards discontinued, yet execution may afterwards be awarded without shew∣ing it againe.

11. H 6. cap. 10. He that is in prison vpon a Recognisance, shall not be deliuered out of prison vpon a Scire facias against the par∣tie, and suretie thereupon found to the king alone, but shall finde sureties seuerally as well to the King as to the other partie.

23 H 8 cap. 6. Either of the chiefe Iusti∣ces, or in their absence out of the Terme, the Maior of the Staple of Westm̄ with the Recorder of London may take Recogni∣sances. And they shall be executed in all re∣spects as a Statute staple.

27. Eliz. cap 4. Euery Statute Staple or

Merchant, not brought to the Clarke of Re∣cognisances within foure moneths next af∣ter the acknowledging, to enter a true copie thereof, shall be against all persons, their heires, successors, executors, administrators, and assignes onely, which for good consi∣deration shall after the acknowledging of the same Statute purchase the land, or any part lyable thereunto, or any rent, lease, or profit of it.

32. H 8. cap. 5. Lands lawfully deliuered in execution vpon a Iudgement or Recog∣nisance, being euicted without any fraud or default in the tenant before he haue leuied the whole debt and damages, the recouerer and the Recognisee shall haue a Scire facias out of the same Court where execution was awarded, returnable there full forty dayes after rhe date And thereupon a new writ of Execution of the nature of the former to le∣uie the rest of his debt and damages, if the defendant make default, or shew no good matter in barre.

Magn̄ chart̄ cap. 8. The King shall not take the lands or rents of the debtors, if he haue sufficient chattels.

Magn̄ chart̄ cap. 18. The goods of the debtor may be attached after his death by the view of lawfull men. That nothing shall be medled with till the Kings debt be payed.

33. H. 8. cap. 39. All Obligations to the king shal be of the force of a statute staple.