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. 47.

Rule 9 Stat. 9. R. 2. 3. If tenant for life, or in tail after possibility of issue extinct be impleaded, & judg∣ment passe against him, the reversioner or remain∣der man at the time of the judgment, shall have writ of error upon an error in the record of the same judg∣ment, as wel in the life of such a tenant as after his death: And if at the time of reversing the judgement the tenant for life, &c. be alive, he shall be restored, &c. his possession with the mean profits, & the rever∣sioner, &c. to the arrerages of the rent, if any be due: But if the tenant for life, &c. be dead at the time of reversing the judgement, then the reversioner, &c, shall be restored to the possession with the issues after the death of the tenant for life, &c. and also to the arrerages due in his life: see the Marqu. of Winch. case. Co. 3. 4.

Stat. 31. E. 3. 12. Error in the Exchequer shall be re∣versed before the Chancellor and Treasurer, taking to them such justices, and other sage persons as they shal

think fit, and afterwards the roll shall be sent back in∣to the Exchequer, to make execution.

Stat. 31. El. 2. If either the Lord Chancellor or Lord Treasurer, or both the Chief Justices come at the day of adjournment, in the Writ of error in the Exche∣quer, it shall be no discontinuance.

Stat. 32. H. 8. 30. Made perpetuall, 2. E. 6. 32. After a Verdict tryed by 12 men or more in any suit in a Court of record, no Judgement shall be stayed or re∣versed for any mispleading, lack of colour, insufficient pleading miscontinuance, discontinuance, misconvey∣ing of Processe, misjoyning of, Issue lack of warrant of Attourney for the party against whom the Issue is tryed, or any other default or negligence of the par∣ties, their Councellors, or Attourneys.

Stat. 18. El. 14. After a Verdict of 12 men or more in any suit in Court of Record, Judgment shall not be stayed or reversed for default of form, or lack of form, false Latine, variance for the register, &c. in any writ original or judicial: Declaration, Bill, or Plaint, or for want of any writ original or judicial, or by reason of any imperfect or insufficient return, or for want of any warrant of Attourney, or by reason of any manner of default in proces, upon or after Aid prayer or Voucher.

Stat. 27. El. 5. After Demurrer joyned or entred in any suit in Court of Record, the judges shal proceed & give Judgement according to right, & the matter in law appearing to them, without regarding any imper∣fection, defect, or want of form in any writ, Return, Plaint, Declaration, or other pleading whatsoever, ex∣cept those only, which the party specially and parti∣culary shall set down and expresse together with his Demurrer: And no Judgment to be given shall be re∣versed by writ of error, or by any such imperfection, defect, or want of form, a•• aforesaid, except as is be∣fore excepted.

The two last Satutes extend not to suits of Felony or Murder, nor to the indictment or presentment of them; or of treason, nor to the Proces of any of them, nor to any suit upon any popular or penal Staute.

Rule. 16 Stat. 27. E. 8. An error in the Kings Bench in an action of debt, detinue, covenant, account, action upon the Case, Ejectione firmae, or trespass first com∣menced there (where the King is no party) may at the parties choise be reversed in the Exchequer chamber before the Justices of the Common place, and such Ba∣rons of the Exchequer as are of the Coife, or six of them at least, other then for error concerning the jurisdict∣ion of the Kings Bench, or want of form in a writ, Re∣turn, Plaint, Bill, Declaration, Pleading, Process, Ver∣dict, or proceeding whatsoever: And upon the judge∣ment affirmed or reversed, the Record shall be sent back into the Kings Bench, to proceed and award Execution therupon the party grieved with such re∣versall or affirmation, may have a writ of error in the Parliament in such sort as is now used upon errone∣ous judgements in the Kings Bench.

Stat. 31. El. 1. Any three of the Justices and Barons (if the full number come not) may receive Writs of Error, award Processe, prefix dayes for the conti∣nuance of Writs of Error &c.

Rule. 12. West, 1 37. 3. E. 1. An Attaint is given in pleas of Land, or of Freehold and of things that touch Freehold.

Stat. 1. E 3. Stat. 1. 6. It is given in Writs of Tres∣pass, as well upon the principal, as upon the damages.

Stat. 5. E. 3. 6 &. 7. In attaints no Essoin or Protecti∣on shall be allowed: and a nisi prius is given in such Writs, as well as in others.

Stat. 28. E. 3. 8. An Attaint is given in trespasse as wel upon a Bill, as upon a Writ, without having re∣gard to the quantity of the Damages.

Stat. 34. E. 3. 7 An Attaint is granted in all pleas, as well real as personall.

Stat. 9. R. 2. 3. It is given to the Reversioner during the life of his Tenant for life upon a recovery against him, with restitution to the Tenant that left his pos∣session, together with the mean profits, and of the ar∣rearages to the reversioner, but if the tenant, that so lost, be dead, or were of covin with the recoveree; restitution shall be made to the reversioner of the possession it selfe with the mean profits arrerages, after such death or recovery by covin; saving to the tenant his action by scire facias, if he wil traverse the Covin.

Stat. de Attinctis. 13. E. 2. If the petty Jury appear not at the first distresse against them, or a nihil be re∣turned, the grand Jury shal be taken by their default.

Stat. 23, H. 8. 3. Made perpetuall by 13: El 25. In any suit before Justices of Record (not concerning life) an Attaint is given against the Petty Jury, and every of them, and the party himselfe; the processe against the Petty Jury and Grand Jury, shall be summons and Resummons, and distresse infinite.

Open proclamation shall be made in the Court, where the distresse is awarded, more then 15 dayes be∣fore the return of the distresse; and the Grand jury shall be taken in default of the Defendant, or petty jurors, or any of them.

If any of the petty jury appear then the Plaintiffe shal assigne the false Oath of the first verdict untruly given, wherunto the petty jury shall have no answer if they be the same persons, and the Writ, Processe, Re∣turn, and Assignment be good and lawfull, (except the plaintiff in the same attaint hath before been non-suit or discontinued his suit or hath had a former judgment therin) but only that they made a true oath which issue shall be tryed by 24. of the Grand jury; and the party

shal plead that they gave a good Verdict, or any other matter which shall be a sufficient bar of the attaint: Notwithstanding which plea, the grand Jury, shall without delay enquire of the truth of the Virdict: such a day shal be given in a Processe, as in a writ of Dow∣er, and no Essoyn or protection allowable.

By the death of the party, or one of the petty Jury the attaint shall not abate, nor be deferred against the rest, as long as two of the petty Jury shall live.

Every attaint shall be in the Kings Bench or Com∣mon place, and the Nisi-prius granted upon the di∣stresse by the discretion of the Justices. Every of the petty Jury may appear and answer by attourney. The Non-suit or release of one, when their be diverse plaintiffs or defendants in an Attaint shall not pre∣judice.

Every one of the grand Jury must have 20 Marks apeice Land of freehold out of ancient demesne, but if the value of the thing in suit be under the value of 40 l. then 5 Marks a year, or 100 Marks worth of goods sufficeth: For default of such sufficient Jurors within the same County, a Tales shal be awarded unto the next.

Stat. 11. E. 6. 4. The plaintiffe shall recover Costs and Damages against the Juror, or defendant, that pleads a feigned plea in delay.