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;

CHAP 45.

Rule 7 STat. 14. El 8. Every fraudulent recovery against Tenant for life, wherupon the Tenant for life is vouched, shall be void against the Reversioner or him in remainder, unlesse it be by his own consent appearing of Record.

Stat. 21. H. 8. 15. Termers for years, or such as are in by Execution of Statute staple, Statute Marchant, or Elegit may falsifie recoveries for their own term only as Tenants of the Freehold might have done at the Common Law.

Rule 13. 25. H. 8. 3, revived by 5. 6, E. 6 10. One arraigned upon an Indictment of petty Treason, wil∣full burning of houses, murther, robbery, or other fe∣lony, according to the meaning of the same Statute, if he stand mute of malice or forward minde, or chal∣lenge peremptorily above 20, or will not directly an∣swer, shal lose his Clergy, in such manner as he should, if upon the arraignment he had been found guilty.

Stat. pro Clero. 25. E. 3. 4. None convict of petty Treason shall have it.

Stat. 8. El. 6. Not in Rape, Ravishment, or Burgla∣ry, nor in the carnal abusing of a woman within ten years of age.

Stat. 25. H. 8, 6. &. 5. El. 17. Nor in buggery.

Stat. 5. E. 6 9. Not for robbing a dwelling house, booth, or tent, &c.

Stat. 4. 5. P. M. 4. Nor for accessaries before the fact in petty treason, murther or robbery in an house, or in or neer the high way; or for the wilful burning of dwelling house, or a barn with Grain.

Stat. 25. H. 8. 3. &. 5. E. 6. 10: He that doth a Rob∣bery or Burglary in one County, and is taken with the goods so robbed or stoln in another County, shal lose his Clergy there, as he should do, where the Rob∣bery or Burglary was committed.

Stat. 4. H. 7. 13. &, 1. E. 6. 11. It is grantable but once to one person, unlesse he be within orders.

Stat. 4. H. 7. 13. He that askeh his Clergy the second time, shall at a certain day bring his Letters of order or a Certificate.

Stat. 4. H 7. 18. He that hath his Clergy shall be marked in the hand, viz. with a M if he were convict of Murder, with a T if he were convict of other felony.

Stat. 1. E. 6. 12. A Lord of the Parliament in all Cases, where Clergie lieth at the Common Law, or is restrained by Statute, shall upon his prayer be adjud∣ged as a Clerk convict, though he cannot read.

Stat. 1. El. 4. &. 18. El 7. After purgation he shall be put to answer to any offence (committed before his ad∣mission to the Clergy) wherupon Clergy is not al∣lowable, and wherof before he was not indicted and acquitted, convicted, or attainted, and pardoned, and shall be demeaned in all things, as if he had never been admitted to his Clergie.

Stat. 18. El. 7. He that is allowed Clergie, shall not be deliverd to the Ordinary, but after burning in the hand shall be forthwith delivered by the Justices out of prison; yet for further correction they may detain

him in prison, so as it be not above a year.

Rule 24. Westm. 2. 12. One being acquitted upon an Appeal or Indictment of felony, may have the a∣bettors inquired, and have a judicial writ for damages against them, if the appellant be not sufficient.

Stat. 8. H. 6. 10. An Action upon the case given for him, that is duely acquit by Verdict against every pro∣curer of any judgment, or appeal of treason, felony, or trespasse: and like processe shall be therin, as in a writ of trespasse, vi & armis.

Rule 37. Westm. 2. 18. 13. E. 1. Where debt is reco∣vered or knowledged in the Kings Court, or damages awarded, it shall be from henceforth in the election of the Plaintiffe to have a writ of Fieri facias unto the Sheriff, to levie the debt upon the lands and chattels of the debtor, or that the Sheriffe shall deliver to him all the chattels of the debtor, (except oxen and beasts of his Plough) and the one half of his land until the debt be levied upon a reasonable price or extent. And if he be put out of the land, he shall recover it again by a writ of Novel disseisin, and after that by a writ of redisseisin. if need be.

Action Burnel. 11. E. 1. A debt acknowledged to a Merchant before the Major of London, York, or Bristol, or before a Major or Clerk, (appointed therunto by the King) shall be enrolled; and if it be not paid at the day, the debtors moveables shall be prized and sold in satisfaction by the Major if he have any within his jurisdiction, else by writ out of the Chancery up∣on a Certificate of the Recognizance thither. The Apprisors are to take them at the price, if they apprize them too high if the debtor have not moveables suffi∣cient he shal be imprisoned, until, &c. The like proces∣ses against pledges, in default of sufficient movables of the principall.

Stat. de Mercatoribus 13. E. 1. A debt acknowledged to a Merchant before the Major of London, or chief warden of the Town, which the King shall appoint, or other sufficient men (when they cannot attend) & be∣fore a Clerk; which the King shall assigne, shall be en∣rolled, and if it be not paid at the day, the debtor if he be a Lay man shall be imprisoned by the Major, untill &c. if he be within their power, else by writ out of the Chancery, upon Certificate of the Recognisance thi∣ther: And if he agree not with the Creditor within a quarter of a year after, then all the lands which were the debtors (the day of the Recognisance made) and also his goods shal be delivered to the creditor upon a reasonable extent. And of these lands so delivered the Conisee, being ousted shal have an assize or redisseisin.

The writ out of Chancery shall be returnable be∣fore the Justices of either Bench, and upon a non est in∣ventus returned, or that he is a Clerk, writs to all the Sheriffes, where he hath lands or goods, shall go forth to deliver the same upon reasonable extent, and to what Sheriff he wil to take his body, The like Proces shal be against the pledges, if the mony be not paid at the day: If the debtor or pledges die, the Creditor shal have execution upon the lands of the heir as at his ful age. The Stat. of the Staple 27. E. 3. Stat. 28 the Major of the staple shall take recognisance, of debt before himself, and the Constables of the Staple, whereupon (default of payment being made the debtors body shal be imprisoned, and his goods sold in satisfaction of the debt (if they be within the Staple) otherwise upon a Certificate in the Chancery, a writ shall go out from thence to imprison his body, and seize his lands and goods, which shall be returned into the Chancery and execution therupon in all respects, as in the Statute-Merchant, save that the debtor shal have no advantage

of the quarter of a Year.

Stat. 5. H. 4. 12. a Statute being once shewed in the Common Place, and the processe afterwards disconti∣nued, yet execution may afterwards be awarded with∣out showing it again.

Stat. 11. H. 6. 10. He that is in Prison upon a Recog∣nisance, shall not be delivered out of prison upon a scire facias against the party, and surety found to the King alone, but shall finde sureties severally as well to the King, as to the other Partie.

Stat. 23. H. 8 6. Either of the Cheif Justices, or (in their absence out of the term) the Major of the Staple of Westminster with the Recorder of London may take Recognisances, and they shall be executed in all re∣spects as a Statute Staple.

Stat. 27. El. 4 Every Statute Staple or Merchant, not brought to the Clerk of Recognisances, within 4 months next after the acknowledgement therof, shall be void against all persons, their heirs, successors, exe∣cutors, administrators, and assigns onely, which for good consideration shal after the acknowledging ther∣of purchase the land or any part thereof lyable there∣unto, or any rent, lease or profit out of the same.

Stat. 32. H. 8. 5. Lands lawfully delivered in execu∣tion upon a judgement, Statute Merchant, Staple, or Recognisance, being evicted without any fraud or de∣fault in the tenant before he have levied the whole debt, and damages, and Recoverer and Recognisee shall have a scire facias out of the same Court, where execution was awarded, returnable there full forty dayes after the date: and therupon a new writ of exe∣cution (of the nature of the former) shall issue forth to levie the rest of his debt and damages, if the defen∣dant make default, or shew no good matter in barre.

Mag. Cart. 8. 9. H. 3. The King shall not take the

lands or rents of the debtor, if he have sufficient chat∣tels.

Mag. Cart. 18. The goods of the debtor may be at∣tached after his death by the view of lawful men, that nothing be medled with till the Kings debt paid.

Stat. 33. H. 8. 39. All obligations to the King shall be of the force of a Statute staple.

Rule 48. Westm. 2. 45. 13. E. 1. For all things record∣ed before the Kings Justices, or contained in fines (as contracts, Covenants, Obligations, Services, or Cu∣stomes, acknowledged, or any other things enrolled) a writ of execution shall be within the yeer; But after the yeer a Scire facias: The like also is of a Mesne, who by judgment or recognisance is bound to acquit.