The body of the common law of England as it stood in force before it was altered by statute, or acts of Parliament, or state. Together with an exact collection of such statutes, as have altered, or do otherwise concern the same. Whereunto is also annexed certain tables containing a summary of the whole law, for the help and delight of such students as affect method. By Edm. Wingate of Grayes-Inne Esq;

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Title
The body of the common law of England as it stood in force before it was altered by statute, or acts of Parliament, or state. Together with an exact collection of such statutes, as have altered, or do otherwise concern the same. Whereunto is also annexed certain tables containing a summary of the whole law, for the help and delight of such students as affect method. By Edm. Wingate of Grayes-Inne Esq;
Author
Wingate, Edmund, 1596-1656.
Publication
London :: printed for H: Twyford in Vine Court Middle-Temple, and Roger Wingate, at the Golden Hynd in Chancery Lane,
1655.
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Subject terms
Common law -- England -- Early works to 1800.
Law -- England -- Early works to 1800.
Cite this Item
"The body of the common law of England as it stood in force before it was altered by statute, or acts of Parliament, or state. Together with an exact collection of such statutes, as have altered, or do otherwise concern the same. Whereunto is also annexed certain tables containing a summary of the whole law, for the help and delight of such students as affect method. By Edm. Wingate of Grayes-Inne Esq;." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A66651.0001.001. University of Michigan Library Digital Collections. Accessed May 6, 2024.

Pages

CHAP. 36.

Rule 1. STat de quo warranto 18. E. 1. Pleas of quo warranto shall from hencforth be pleaded and determined in the Circuits of the Justices. See also Stat de quo warranto novum.

Rule 3, &c. Stat. 36. E. Stat. 1. 13. No Escheator shall take enquests of office but indented between the Jurours and him, otherwise they are void.

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Stat. 33. H. 8. 22. No Escheator shall sit virtute offici (only) to find an office of lands holden of the King, of 5l. value or above, in pain of five pounds.

Stat. 8. H. 6. 16. No escheator shall take inquests b of people impannelled by the Sheriff, and those en∣quests must be returned within a month after the ta∣king, in pain of 20 l. so also of Commishoners.

Stat. 23. H 6. 17. An Escheator shall take an inquest, virtute brevis, within a month after the delivery of the writ unto him his fees are there also, set down.

Stat. 1. H. 8 8. He shall not sit, unlesse he have land &c. to the clear yearly value of 40 marks, in pain of 20l. He shall not delay to take the Verdict, when the Jury offers it, in pain of 100l. so also of Commissio∣ners: He shall not be Escheator again within three years after that year ended.

Stat. 36. E. 3. Stat. 1. 13. A traverse is given to the party, whose lands are seized by office of alienation without licnece, or the nonage of the heir in Ward, It shall be sent to the Kings Bench to be tryed.

Stat. 69. E. 3. Stat. 1. 13. Upon a traverse of monstr•••• de dron the Chancellor may let him (that tenders it) the lands holden to farm, finding surety to do to waste.

Stat. 8. H. 6. 19. They shall not be let to farm till the inquests returned, nor within a month after, witho•••• which time the party grieved may have the benefit o the former statute: All Letters Patents within the moneth shall be void.

Stat. 18. H. 6. 6. All Letters patents made of lands o tenements before office found and returned, shall b vo d.

Stat 1. H. 8. 8. Divers good provisions concerning ••••∣cheators Commissioners, Jurors, and Offices, and th manner of returning offices into the petty bagg.

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Stat. 1. H. 8. 10. Lands soiled into the Kings hand by office, shall be let to farm to him, that tendred to traverse the same within three moneths after such office found, notwithstanding the Statute of 8 H. 6. 16.

Stat. 2 3. E. The estates and interests of others shall be saved, though they be not found in the office where an heir of full age is found within age, he shall have a writ de aetate probanda, and may proceed to sue out his livery or ouster le main, (as his case is) and re∣ceives the profits of his lands, notwithstanding such of∣fice found.

Where after the Kings tenants death more hiers then one are found, or if one be untruly found a Lunatick Ideot, or dead, the party grieved may have his traverse, as in other cases of untrue Inquisitions: A Traverse of Monstrans de droit is given without peition, though the King be titled by double matter of Record.

When the Jury finds de quo vel de quibus Ignorant, or per quae servitia ignorant, the first shall not make a tenure of the King, nor the last tenure in Caite; but in such cases a Melius inquirendum shall issue forth tra∣verse given to an ofice where a wrong tenure is found: the rents of mean Lords shall be paid (during the non∣age of the Ward) by the officer, that receives the reve∣nue of the Wards lands.

Artic de super cart. 19. 68 E. 1. When the Sheriffe or Escheator seize land into the Kings hand without cause, upon ousting of the Kings hands, the party shall have the mesne issues.

Stat. de Escheatoribus. 29 E. 4. 3. If the Escheator by writ out of the chancery seize land into the kings hand, and after upon Inquisition no title is found for the king to have the Custodie, an ouster le main shall be awarded for the party out of the Chancery: Provided, that if any thing afterwards may be found in the Chancery,

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Exchequer, or K. Bench for the King, a scire facias shal go out against the party, and if the King have right, 〈◊〉〈◊〉 shall be answered of all the issues from the time of th Escheators first seisiing of the land.

Stat. 23. H. 6. 17. In a scire facias upon a travers against any Patentee, no protection shall be allowed▪

Rule 11. Stat. 28. E. 3. 4 The rents given to the that sue livery, when the rent day commeth, how soo soever it cometh after the livery.

Stat. 3. H. 8.. 46. The erection of the Court of Ward And Stat. 33 H. 8. 22. the annexing thereunto the Live∣ries: See the Statutes at large,

Rule 31. Also for the better preservation of the peac divers wholesome Lawes bean to be framed from th begining of the Reigne of E. 3. for the establishing 〈◊〉〈◊〉 justices of Peace in every County, untill at last abo•••• the 12, year of R. 2. they were fully setled, and ha power to keep their Quarter-Sessions? which Govern∣ment Sir Edward Cook hath observed to be the best i the Christian world for the preservation of the Peace And therefore see those Statutes, as you shal find the ranked together in divers Books now extant.

Rule 33. Concerning Informations there are dire•••• good Lawes made, which are now sorted together (un¦der the titles of actions popular or Informations) in d¦vers Treatises, which treat of the office of a justice o Peace; and therefore it is conceived needlesse here t insert them.

Rule 34 See Officium Coronatoris, 4. E. 1. Whic setteth down the whole order how he is to proceed upo inquiries: See also Stat de Exonia 14. E. 1. and the a¦ticles thereunto annexed.

Artic super Cart. 3. 28. E 1. The Coroner of the cou¦tie shal joyn with the Kings Coroner in inquring of th death of a man in a Kings house.

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Stat. 33. H. 8. 12. The Coroner of the Kings house shall inquire alone without the Coroner of the Coun∣ty, by a jury of the Yeoman officers of the Court.

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