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.

About this Item

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

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.

Subject terms
Law -- England -- Early works to 1800.
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 May 16, 2024.

Pages

Page [unnumbered]

The Table.

A
ABatement of the writ, 49. for what causes.ibid.
Acceptance of a grant determineth prescription.22
Accessarie things are of the nature of the principall.23
Account.302
Accord, what it is, 181 differeth from an arbitrement.181. 183.
Action what. 225. where locall, and where not, 251. A∣ction of the case wherefore brought, 185, 186. for a cor∣porall hurt dyeth with the partie.17
Acquitall, of the do∣nees in frankmarri∣age by the donor, 141. of the donee in frankalmoigne by the donor.139
Ad terminum qui praete∣rijt.263
Age, of discretion, 28. that shall bind a man or woman in matter of marriage, ibid. that maketh a woman capable of dower, ibid. 126. of a woman to conti∣nue ward.146
Alien, triall betweene him and a denizen shall be per medieta∣tem linguae. 411. be∣ing enemie shall not haue a personal action, 28 an obli∣gation made to him shall go to the king, ibid. his goods shall be to their vse that seise them.178

Page [unnumbered]

Aide what.145. 146
Annuitie what, 161. the vse of the writ of annuitie.301
Amercement, the Qu. shall not bee amer∣ced, 185. in what ca∣ses the plaintife shall bee amerced, 189. in what cases the defendant, ibid. officer amerced.229
Amendment done by the Iustices of the Clarks error.228
Apportionment, a du∣tie growing vpon a contract cannot bee apportioned.180
Appeale.310
Approuer.387
Assault, what.202
Assise.284
Atturnement of Te∣nant by homage ancestrel destroyeth the warrantie, 144. in what cases it is necessarie. 156. of tenant of the free∣hold is sufficient.157.
Auerment cannot bee against an Inden∣ture, 109. nor a Re∣cord of Court.11
Authoritie, deriued cannot bee greater then that frō which it is deriued.11

B
BAilment, of two sorts.179
Barons, what. 86 shall not bee impleaded by that name.87
Bastard, who, 117. can∣not inherit, ibid. in what case hee may gaine a right of in∣heritance.118
Batterie, what, 203. when not punisha∣ble.ibid.
Boroughes what, 92. the difference be∣tweene them and Townes.ibid.
Burglarie what.217

C
CAuse, if that cease the effect cea∣seth also. 8, 9. things

Page [unnumbered]

construed occording to that which was the cause thereof. 10
Causa matrimonij praelo∣cuti. 264
Challenge. 412, 413
Claime, 121 of villeins goods by the Lord. 159
Colour, in giuing it what must bee ob∣serued. 380, 381
Commissions. 318
Common what. 157
Common-wealth, things which con∣cerne it fauoured. 39
Confession. 387
Confirmation what. 108
Consideration, it ma∣keth the promise binding, 34. what shall be a good cō∣sideration to raise an vse. 25
Consolidation what, 90
Conspiracio, 305. how made and how pu∣nished, ibid.
Consuetudinibus & ser∣uitijs. 272
Contempts what. 205
Coparceners, who. 118. the eldest shall haue the chiefe house, 132. she one∣ly shall do homage, 142. vnlesse the land be held of the king, 144. they may com∣pell partition. 36
Corodie what. 157
Coroner, his Court. 243. must take no fee, 244. in what case processe is dire∣cted to him. ibid.
Corporation, 87. of two sorts, 91. a Par∣son is a Corporati∣on, 88. regular cor∣porations what. 92. secular what. 93. those spirituall are either presentatiue or datiue. 9. Churchwardens Corporation. 178
Count what. 357
Countie what. 79
Countermand, where good and where not. 31
Cui in vita. 265
Curia claudenda. 276

Page [unnumbered]

Curtesie of England, in what case the husband shall take benefit thereby, 129 shall not bee of a possession in Law, ibid. why so called.ibid.

D
DAy, the Sabbath is no day for Law cases, 7. Sale vpon that day altereth no propertie, ibid. if the end of the terme or day of returne bee on that day, the day following is taken in steed of it, 236. things done in the day fauoured more than those done in the night.38
Debt and detinue.294
Deceit, 305. what, 188. in what cases a man may haue remedie.ibid. 189
Deeds what, 108. of two sorts, 109. to whom they belong, ibid. void in the be∣ginning cannot haue a good perfe∣ction, 12. not auail∣able if read falsely to an vnlearned mā.109
Deodand what.214
Departure what.50, 51
Discontinuance, what 190. how made.ib.
Disseisin what.195
Distresse, 135. what may bee distreined, and what not, ibid. the King may di∣streine where a cō∣mon person may not, 136. where di∣stresse may not bee taken, ibid. it may not be driuen forth of that Hundred where it was taken, 137. A Millstone cannot be distreined39
Dower, in what case the wife shall bee endowed. 125. 126. is forfeited by granting a greater estate, 114. barred by liuing in adul∣terie,

Page [unnumbered]

127. by de∣taining deeds con∣cerning the inheri∣tance, 126. by con∣senting to the ra∣uisher.204
Dum fuit infra aetatem.264
Dum non fuit compos mentis.264

E
Electione firmae.310
Enterpleader, what.374
Entrie, where∣of one copercener shall bee the entrie of the rest, 118. gai∣neth right of inhe∣ritance to a bastard eigne, 118. the writ.261, 262
Eschete when, 130. of all Cities belongs to the King.132
Escheator, shall tarrie in his place but one yeare.241
Error, being common goeth for Law, 41. of the Clarke of the Court amended, 227. if the Sherife suffer a common re∣couerie it is errour:19
Estoppell, made by pleas in barre, and replications, 32. but matter in the writ or count doth not.33
Exchange, warrantie knit thereto by Law, 116. when good and when o∣therwise.103. 104
Executours, they must proue the Will. 171. may not refuse after administring, ibid. what duties they must first discharge 172. of an Executor is executor to the first testatour, 173. must pay duties vp∣on record first.233
Extinguishment, if a woman marrie the obligor the debt is extinct.40

Page [unnumbered]

F
Fealtie what?138.
Felonie what?210
Fee simple of two sorts 121, is by giuing lands to Maior and and Comminaltie without naming successors125.
Fine for lands aliened without Licence 143. by the defen∣dant in an action of Trespasse189.
Franchise what? 164. of diuers kinds166.
Frankalmoigne what? 138, 139. the Lord must warrant such a tenant139.
Frankmariage what? 123. Land cannot be giuen in Franke∣mariage with a mā 123. Land so giuen is held by fealty on∣ly.140, 141.
Forfeiture, what shall not be forfeited by attainder of treason 15. of a termour by plucking the inhe∣ritance out of him that hath it, 113. by alienation without licence, 142, 143. of a franchise by mis∣using it,164.

G
GAuelkind, 78. the custome thereof not changed by hauing a fine and recouerie at Common law15.
Grant, of an infāt, 102. 103. by compulsi∣on, 102. canot be of things in action. 107. what things may not be granted ouer,17.

H
HEire what, 116. in what case he shall bee bound by his ance∣stor,119.
Hereditaments what.111, 134.
Heresie what, 219. the punishment thereof

Page [unnumbered]

ibid.
Homage, what, and how performed, 142. to the King shall be taken by his Chamberlaine, ibid. ancestrell, 144. incident to Knights seruice,149.
Hotchpot, what, 124. in what cases it shal be,ibid.

I
IDeot, the king shal haue to his owne vse all his posses∣sion during his ide∣ocie, 95. his grant is void,102, 103.
Incidents cannot bee seuered, 15. homage incident to knights seruice,149.
Infant, his will no∣thing worth though he dieth at full age, 12. his grant voyd, 102: vnlesse for things necessarie,103.
Ioyntenant who, 97. the suruiuour shall haue the whole, ibid. cannot sue one ano∣ther,37.
Issue what?396.
Iuris Ʋtrum,292.
Iurors returned to ap∣peare at the Sherifs turne, 243. trialls by Iurours399, 400, 401.
Iusticies,314.

K
King, he is the Head of the Common∣wealth, 81. hee can∣not be nonsuit, 82. alwaies present in Court, 81. when bound by act of Parliament, 84. 234 all land is holden of him, 132. beeing tenant in Common of an entire Chattel reall, shall haue the whole, 178. how his grant shall bee ta∣ken, 101. cannot di∣spence with an Act of Parliament be∣fore it bee made,235.

Page [unnumbered]

Knights seruice, ho∣mage is incident thereunto,149.

L
LAnd what, 130. what is com∣prehended vn∣der that name,131.
Laps what,90.
Law defined, 1. Natiue or positiue, 2. it fauoureth right,45.
Leases, what Leases made by a Corpo∣ration are void.192
Lunaticks, the King shal haue their pos∣sessions,96.

M
MAintenance, a sonne may maintain his father,25.
Mayme what, & whē204.
Manslaughter what, 212. 215. is pardned by a pardon of mur∣der,21.
Menace what, 201. when a trespas,202
Mesne what, 140. must acquit the te∣nant of all seruices against the lord pa∣ramount,ib.
Misprision what,209.
Murder what, 215. when one may iusti∣fie to kill another35.

N
Necessitie, it saueth the partie from pu∣nishment,35.
Notice must be taken by the Court of all apparent faults pro∣ceeding from the a∣ction,226.
Nusance what, 187. is to be remoued, 188. the Kings Licence doth not make it lawfull,234.
Nuper obijt,293.

O
OAth taken by officers,230
Office what,

Page [unnumbered]

162. a grant thereof to an vnskilfull man is void. ibid. of∣fices for the King.323
Officers what.229
Ordinarie, euery Par∣son must be presen∣ted to him. 89. ay collate after sixe moneths auoidance 90. by consent of patrons may vnite two Churches, ibid. may administer the goods where no Will is 173. shal be answerable for the intestates debts, 174 immediat officer to Courts for spiritual matters.237
Oyer of a deed.366

P
PArson, is a cor∣poration, 87. is freed from personal char∣ges, 88. to whom presented, 89 how inducted, ibid. the Church and Churchyard belong to him. 131. One cannot present him selfe to a benefice. 19. chargeable for an annuitie granted by his predecessour.23
Peeres, where one is a a partie to the acti∣on, a Knight must be of the Iurie, 412. shall be tried by his Peeres, ib. exempted from doing suite at Courts.241
Petie treason, what. 218 how punished, ibid. of diuers sorts.230
Plaints what, & where holden.320
Pleading, what. 359. the manner thereof. 360 of seueral sorts. 362. 363. Pleas in barre.378
Pypowders, that court incident to Faires and Markets. 246. trials there shall be by the Merchants.412
Possession what. 104.

Page [unnumbered]

it preuaileth where the right is equall.30
Possibilitie, may pre∣serue an Act from being void.33
Prescription, where it maketh right, and where not, 132. is as auaileable as any grant.104
Presentments.335
Propertie, not changed by sale vpon the Sa∣bath day. 7. cannot bee had in wilde beasts and foules of the ayre. 176. when the Lord hath pro∣pertie in an estray. 177. of goods may be in an alien. 178. when altered by sale of another mās goods. 180. altered by an accord made of a personal thing. 182. deuested by wrongfull taking of goods. 199. not altered by stealth.210

Q
QVare impedit.274
Queene, shee may haue an action in her owne name. 86. making leases, &c. they shall bee good for her life. 86 she shall not be amerced.185
Quo warranto.322
Quod permittat.274

R
RApe, what.204
Relation, of words to the next antecedent.8
Release, what. 107. void without priui∣tie.115
Remainder, what.113
Remitter, what, 194. when issue in taile shall bee remitted.18
Rent, charge what. 15 secke what, ibid. re∣serued vpon a gift of lands in frank-marriage,

Page [unnumbered]

when good.18
Rescous.310
Reuertion, what.113
Right, what. 106. a writ of right, 270. of Right patent.312
Robberie, what.217

S
SEisin, the vse ther∣of. 132. from what time it shall bee alledged.258
Seruices, are common to all certaine E∣states and proper inheritances 138. Deuine Seruice, what. 139. Knights seruice, what.149
Sherife, suffering a re∣couerie it is errour. 19. felonie in him to behead one that should bee hanged.31
Sine assensu capituli.265
Soccage tenure, what.147
Sodomitrie, what.219
Suit of Court, what. 144 cannot be done by deputie, 16. who shal be constreined to do it. 145. must be done at the She∣rifes turne by euery one of 12. yeares of age. 241. women & Peeres of the Realm are excepted.241. 242

T
TAles.414. 415
Termes, whē they begin, and end, and their seuerall returnes.236
Tenement, what. 130. of two sorts.ibid.
Testament, what. 167. all chattels may be deuised. ibid. what lands may be deui∣sed.169. 170
Title what. 106. pre∣tensed titles when they may bee sold.250
Towne, chargeable with the goods of offendors.207
Treason what,220. 221

Page [unnumbered]

V
VAriance, be∣tweene the writ and ob∣ligation.49
View.366
Villeine, what 159. his originall, 160. 232. the lord must claim his goods. 159. where the lord may not seise him, 160. his children are vil∣leins, 160. what shal bee an infranchise∣ment, ibid. shall make free land to be villeine land. 23. being an executour may haue an action against his Lord.27
Vncertaintie maketh the grant void.49
Void things good to some purpose.62
Vse, feoffement to the vse of a villeine the Lord may enter.159
Vsurpation, what. 196 how done.ibid.

W
VVAger of bat tell shall not be by Cosins in a writ of right.25
Ward shal be his that can first happe him.30
Warranty, what word maketh it. 115. knit by Law to euerie exchange. 116▪ occa∣sioned by homage auncestrell. 144. which is destroyed by Atturnment. ib. where it maketh a discontinuance. 193 the writ of Warran∣tia chartae.278
Wast, the wife shall not be charged for wast done by the husband. 26. iudge∣ment shall not bee giuen in waste, where the waste is but 12. pence.29
Way granted ouer a∣nothers ground shal bee to the grantee

Page [unnumbered]

only, 17. & he can∣not assigne it ouer, 31. giuen by law to a thing excepted,63
Women may relieue their husbands though it bee felo∣nie in another, 25. are free from suite of Court, 241. when said to bee waiued, 242. shal be indow∣ed of the best pos∣session of her hus∣band,26.
Wrecke, shall not bee if any liuing Crea∣ture escape out of the ship,177.
Writ what, 237. of two sorts, 252. aba∣ted for false Latin,Ib.

Page [unnumbered]

Page [unnumbered]

Page [unnumbered]

Page [unnumbered]

Page [unnumbered]

Page [unnumbered]

FINIS.
Do you have questions about this content? Need to report a problem? Please contact us.