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.

9 Ric. 2, Cap. 3. If tenant for life, or in taile, after possibilitie of the issue extinct be impleaded, and iudgement passe against him, hee that is in the reuersion at the time of the iudgement, shall haue a Writ of Er∣ror vpon an error in the record of the same iudgement, as well in the life of such a te∣nant, as after his death. And if at any time of reuersing of the iudgement, the Tenant for life, &c. be aliue, he shall not bee resto∣red, &c. his possession, with the mesn, issues, and he in the reuersion to the arrerages of the same rent, if any be due. But if the te∣nant for life, &c. be dead at rhe time of the reuersing of the iudgement, then hee in the reuersion shall bee restored to possession, with the issues after the death of their Te∣nant for life, &c. and the arrerages of rent due in his life.

31 Ed. 3. Cap. 12. Errour in the Exche∣quer shall be reuersed before the Chancel∣lor, and Treasurer, taking to them the Iu∣stices,

and other such sage persons, as they thinke fit. And after the roll shall be sent backe into the Exchequer, to make execu∣tion.

31, Eliz Cap 1. If either Lord Chan∣cellor or Lord Treasurer, or both the chiefe Iustices, come at the day of adiournement in a writ of Error in the Exchequer, it shall be no discontinuance.

32. H. 8. Cap 30. made perpetuall. 2. E. ••. Cap. 22. After a verdict tried by twelue men, or more, in any suit in Court of Re∣cord, no iudgement shall be stayed or re∣uerfed for any mispleading, lacke of color, insufficient pleading, miscontinuance, dis∣continuance, miscontaining of Processe, misioyning of the issue, lacke of Warrant of Atturnie: for the partie against whom the issue is tried, or any other default or negligence of the parties, their councellors, or Atturnies.

18. Eliz. Ca. 4. After a verdict of twelue men, or more, in any suit in Court of Re∣cord, iudgement shall not be stayed or re∣uersed for default in form, or lack of form, as false Latin, variance from the Register, &c, in any writ originall or iudiciall, decla∣ration, bill, or plaint, or for want of any writ originall or iudiciall, or by reason of any imperfect or insufficient returne, or for want of any Atturny, or for any manner of

default in processe vpon, or after the praier or voucher.

27, Eliz. Cap 5. After demurrer ioyned or entred in any suit in Court of Record, the Iudges shall proceed and giue iudge∣ment according as the verie right of the cause and matter in law shall appeare vnto them, without regarding any imperfection, defect, or want of form in any writ, return, plaint, or declaration, or other pleading whatsoeuer; except those onely which the partie specially & {per}ticularly shal set down and expresse together with his demurrer. And that no iudgment to be giuen, shall be reuersed by any writ of Errour, or by any such imperfection, defect, or want of form, as is aforesaid, except as only be before ex∣cepted.

These two last statutes extend not to suits of felonie or murder, nor to enditemēt or presentment of them, or of treason, or other matter, nor to processe vpon any of them, nor to any suit vpon a popular or pe∣nall statute.

In the Parliament, when the errour is in the Kings Bench: And is returnable before the king and the lords only. The or∣der wherof is this, viz. The party that sueth it must haue a bill from the king indorsed; and thereupon the Chancellor must make him a writ of Error, and then the chiefe Iu∣stice of the Kings Bench shall bring with him (in the Parliament) vnto the Lords in the inner Parliament Chamber,

the writ of Error, and the bill endorsed, and all the Rols wherein are contained the pleas and processe in which error is suppo∣sed, and there shall leaue the transcript of all the Record and Processe, &c. together with the said writ of Error with the Clarke of the Parliament, who shall haue the cu∣stodie thereof. And by the Lords onely, and not the Cominalty shal a Steward be assig∣ned, who together with the Lords, by ad∣uise of the Iustices, shall proceed to amend the error.

Notes

• 1. H. 7. 19. 23. El. Dy. 375.