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;

STATUTES:

CHAP. I.

Rule 1. IN the second Volume of old Statutes is a long Act made Anno 12 E 1. entituled Statuta Walliae, whereby it appeareth, that Wales was then incorpo∣rated into England, there are also many good Lawes concerning the division of Wales into Counties, also for trials of Actions, together with divers formes of Writs, and the proceeding thereupon, much like the Lawes of England, &c.

Stat. 27. H. 8. 26. Incorporateth Wales into England, and the other Statutes, that concern it, are 28. E. 3 2. 9. H. 4. 4: 2. H. 5. Stat. 2. 5. 26 H. 8 4. 26 H 8. 6 27 H. 8. 7. 33. H. 8. 13. 34. 35. H. 8 26. 18 El. 8. 27. El 9

Rule 35. Stat. 37. H. 8. 21. By assent of Ordinary, Incumbent and Patron under their seales, an union may be made of two Churches, being not above six pounds yearly value in the Kings Books, nor distant one from another above a mile; saving to the King his tenths and first fruits.

Incorporate Towns, it must be by assent of the Cor∣poration.

If such a poor Parish will within a year assure by wri∣ting

to the incumbent and his successors, 8 l. yearly the union shall be void.

Rule 36. &c. Magna Charta, 36. 9 H. 3. If any shall give lands to a religious house, the grant shall be void, and the land forfeit to the Lord of the fee.

Stat. of Glocester, or de religiosis, 7 E. 1. If lands be aliened in Mortmain, the immediate Lord hath a year to enter, the next Lord half a yeare, and so from Lord to Lord, till it come to the King.

Westm. 2. 32. 13. E. 1. Ecclesiasticall persons being de∣barred by the former statutes to obtain lands in Mort∣main by alienation, endevoured fraudulently to obtain them by default in a suit: And therefore in such case it as ordained by this statute, that it should be enquired by the country, whether or no the Demandant had just title; and if so, then he should recover seisin; but if otherwise, the Lord of the fee should enter as before.

West. 2. 41. The King (founder of a religious house) may seize Lands, which he gave them, if they alien.

Ordinatio de perquirendis libertatibus. 27. E. 1. Be∣fore licences are obtained to Amortize lands, the writ Ad quod damnum, shall issue out of the Chancery to in∣quire concerning the same, &c.

The statute of Amortizing of Lands, 34. E. 1. Lands shal not be aliened in Mortmain, where there be mean lords without their consents declared under their seals, neither shal any thing pass, where the donor reserveth nothing to himself, or where the inquisition is made, and returned without warrant, viz. without the writ O∣riginall returned with the inquisition, &c.

The statute of writs for making inquisitions of Land to be put in Mortmain, Incerti temporis, Writs of Ad quod damnum, for amortizing lands shall not be granted, but upon petition in full Parliament.

St••tutum de Clero, 3. 18 E. 3. If Prelates, Clerks be∣neficed,

or other people of religion, being impeached for purchasing lands in mortmaine, shew the Kings charter of license, & process therupon made by an In∣quest of Ad quod damnum, or of the Kings grace or by fine, they shall be in peace: And albeit they cannot sufficiently shew that they have entred by due process licence to them granted, yet they shall be well receiv∣ed to make a convenient fine for the same.

Stat. 15. R. 2. 5. Lands converted to a Church∣yard, or purchased to the use of any spirituall person, Guilds, or Fraternities, or by a corporation shall be within the Statute of Glocester, 7. E. 1.

CHAP. 2.

Rule 3 PRaecog Reg. 9. 17. E. 3. The King shal have the custody of the lands of naturall fools, taking the profits thereof without waste and finding them necessaries and after, their death, shall render them to the right heir.

Praec. Reg. 10. The King shall provide▪ that the lands of lunaticks be safely kept without waste, and that they and their families (if they have any) shall be main∣tained with the profits thereof, and that the residue be kept for their use: and delivered unto them when they become to be of right mind: so as their lands shall not be aliened, neither shall the king have any profit ther∣of to his own use: But if they dye in such estate, the residue shall be distributed for their souls by the ad∣vice of the Ordinary.

Rule 4. Stat. 1. R. 3. 1. All grants, conveyances re∣coveryes and other assurances, made by Cesti que use, (being of full age, Compos mentis, and at large) shall be good against him and all others claiming as his heir or heirs, or to his use, saving the right of all others.

Stat. 4. H. 7. 17. The heir of Cesty que use (of

Knight-service land) shall be in ward and pay relief.

Stat. 19. H. 7. 15. execution upon judgment, statute or recognizance shall be good against Cesty que use.

The heir of Cstey que use shall pay relief, heriot, &c.

Cesty que use being a Bond man, the Land shall be seised by the Lord.

Stat. 27. H 8. 10. Where any be seised to the use of trust of another, Cesty que use, or trust shall have the possession in such qualitie, manner, and condition, as he had the use or trust: so when any be seised to the use or intent that another shall have a yearly rent of the same lands, Cesty que use of the rent shall be deemed in the possession thereof, of like estate as he had that use.

Stat. 27. H. 8. 16. Bargaines and sales to raise an use of Inheritance or freehold must be by deed indented and inrolled within six moneths, in a court of record at Wstem. or in the County where the land lieth.

Rule 9. Stat. 50. E. 3. 6. Fraudulent Assurances of lands or goods to deceive Creditors shall be void, and the creditors shall have execution thereof, as if no such gift had been made.

Stat. 3. H. 7. 4. All deeds of gift of goods and chat∣tels, made of trust to ones own use, shall be void.

Stat. 13. El 5 Every gift, grant, bargain, and con∣veiance of lands, or chattles, or of a lease, rent, com∣mon, or other profits out of them, and every bond, suit, judgment and execution had or made for the defraud∣ing of any persons just action, suit, debt, account, da∣mage, penaltie, forfeiture, heriot, mortuarie, or releif, shall be void against that person, his heires executors, &c.

The parties, or privies (knowing such a fraudulent gift) which shall justifie it to be done bona fide, or shal alien such things so to them conveyed, forfeit one year value of the lands or profits out of it, and the whole value of the goods nad chattles, and the sum of such

covenous bond, and shall have half a years imprison∣ment.

This Act extends not to common recoveries, nor vouchers in a Formedon, nor to any gift, &c. bona fide, and upon good consideration to any person, not knowing of the fraud.

Stat. 27. El. 4. Every conveyance, grant, charge, lease, estate, incumbrance, or limitation of use of lands, tenements, or hereditaments made for the defrauding of purchasers of the land it self, or any part, or profit out of it, shall be void against the person so purcha∣sing for money, or other good consideration, and a∣gainst all claiming under him, with penalty, as in the former Statute.

This extendeth not to the avoiding of any grant, &c. upon good consideration and bona fide

If any such conveyance, &c. be made with a clause of revocation or alteration at his pleasure, by writing, and after he shall bargain, demise, sell, grant, convey, or charge the same lands, &c. for money, or other good considerati••n (the conveyance not revoked nor alter∣ed) then such conveyance, &c. shall be voyd against the bargainees, &c. and all claiming under them, lawfull mortgages only excepted.

Rule 11. Praecog. Reg. 15. 17. E. 2. The Kings gift or grant of land, or a Mannor cum pertinentiis, ••••n∣veyeth, not Knights fees, advowsons, or dowers, with∣out expresse words.

Stat. 1. H 4. 6. In a petition to the King for lands, annuities, offices, &c. their value shall be therein ex∣prest; otherwise, the letters Patents thereupon shall be void.

Stat 18. H. 6. 1. All Letters Patents, which bear not date the day of the delivery of the Kings-warrant into the Chancery, shall be void.

Stat. 34. 35. H. 8. 21. A confirmation of all estates con∣tained

by, or conveyed from the King within seven years after the fourth of February, in the 27 year of his raign, notwithstanding any mis-recitall, non-recitall, &c. with divers provisoes, &c. therein contained.

Stat. 1. E. 6. 8. Such another Statute for the con∣firmation of all grants, made, and to be made by E. 6. from the 28 of January in the first year of his raign, and so during his life, with such provisoes, &c. as in the sayd Act of H. 8.

Stat. 4, 5 P.M. 1. Another like Statute for the con∣firmation of grants made and to be made, to or by the Queen, or the King and Queen, from the first of July in the first year of her Reign, and so during her life, with provisoes, as in the former Acts.

Stat. 18. El. 2. Another like confirmation of al grants made to, for, or by the Queen, or to be made within seven years next after the end of this Session, with like provisoes, &c.

Stat. 43. El. 1. Another confirmation of grants made by Qu El. from the eight of February in the 25 yeare of her raign, untill the end of this Session and a year after.

Stat. 21. Jac. 25. The King, &c. shall not take advan∣tage of Forfeitures against his Patentees, before Com∣mission Processe, &c.

Stat. 21. Jac. 29. A confirmation of Leases of the Duchy lands in Cornwall.

Stat. 1. Car. 2. Such another for Leases thereof, to be made within three years.

CHAP. 3.

Rule 6. STat. 32. H. 8. 34. Grants of Reversions may enter upon Farmers for any Forfeiture (or condition) and have like advantages against them (by action onely, for any other Covenants, condition, or

agreement eontained in the Indenture of their lease) as the Lessors, their heirs, or successors might: And the like for the Lessees against the grantees of rever∣sions, Recovery in value only excepted.

CHAP. 4.

Rule 9. STat. 6. H. 8 15. If any make suit to the King for lands, offices, or other things, formerly granted to any person during the Kings pleasure (the first Patentee being still in life) the last grantee shall expresse in his Petition or pattent the former pattent, and the determination of the Kings pleasure concer∣ning the same, otherwise the last grant shall be voyd.

Rule 15. Glocester 7. 6. E. 1. If a woman alien her dower in fee or for life, the heir or other person, to whom the Land ought to revert, shall recover against the Alience in her life time.

CHAP. 5.

Rule 5. MErton, 9: 20. H. 3. A child borne before Marriage is a bastard, albeit the com∣mon order of the Church be otherwise.

Stat. 9. H. 6. 11. No writ shall be awarded to the ordinary to certifie Bastardy, before three Proclama∣tions be made in Chancery in three moneths, viz once every moneth, that all persons, who have any thing to object against the party for bastardy, shall sue to the Ordinary for that purpose.

Rule 8. Merton, 5. 10. H. 3. Usury shall not run against any within age from the time of the death of his Ancestor, (whose heir he is) unto his lawfull age; yet the principal with usury due before the Ance∣stors death shall be paid, notwithstanding this Act.

Rule 10. Stat. 32. H. 8. 33. The dying seised of a disseisor with force, and without title, taketh not away the entry of him and his heirs, who at the time of such discent had good title of Entry, unlesse the disseisor had peaceable possession by five years next after such disseisin.

Rule 14 Westm. 2. 1 13 E. 1. The will of the giver (according to the form in the deed of gift manifestly expressed) shall be from henceforth observed: so that they to whom the land was given under such condi∣tion (viz. that if the donee or donees should die without is∣sue, that then the land should revert to the donor) should have no power to alien the land so given, but that it shall rename to their issue after their death, or shall revert to the giver or his heirs, if issue fail; neither shall the second husband of any such woman, being do∣nee in tail) from henceforth have any thing of the land so given upon condition, after the death of his wife, by the Law of England; neither shall the issue of such husband and wife succeed in the inheritance; but im∣mediatly after the death of the husband and wife, to whom the land was given, it shall returne to their is∣sue, or to the giver, or his heirs, as aforesaid.

A Fine levied of such lands shall be void in Law and the heir or reversioner (albeit they be for full age, in England, and out of prison) need not make their claim: Howbeit, this clause concerning a fine is al∣tered by 32 H 8. 39. which see infra.

Stat. 34: & 35. H. 8 20. No common recovery 〈◊〉〈◊〉 lands in tail, of the gift or other provision of the King or his progenitors (though it be with voucher against tenant in tail, the remainder or reversion being 〈◊〉〈◊〉 the King at the time of the recovery) shall bind the heir in tail, or bar him of his entry: Tenant in us•• shall take no advantage for any rccompence in valor agianst the vouchee or his heirs.

Rule 24. Mag. Cart. 7. 9. H. 3. The wife, after the death of her husband, shall abide in his chief messuage forty dayes, within which time her dower shall be as∣signed her: If the chief messuage be a Castle, then she shall have a competent house provided her, til her dower be assigned.

Westm. 2. 34. 13. E. 1. A woman that leaveth her hus∣band and abideth with an adulterer, shall not have Dower; unlesse the husband (voluntarily and without coertion of the Church) reconcile her and suffer her to dwell with him.

Stat. 11. H. 7. 20. If a woman that hath an estate in Dower for life, or in tail joyntly with her husband, or only to her self, or to her use in any lands, &c. of the inheritance or purchase of her husband, or given to the husband and wife by the husbands ancestors, or any seised to the use of the husband, or his ancestors, do sole (or which an after taken husband) discontinue or suffer a recovery by Covin, it shall be voyd, and he to whom the land ought to belong after the death of the said woman, may enter (as if the woman were dead) without discontinuance or recovery: Howbeit, the woman may enter after the Husbands death, but if the woman were sole, the recovery or discontinuance barreth her for ever.

This Act extends not to any recovery or disconti∣nuance with the heir next inheritable to the woman, or by his consent of Record enrolled.

Stat. 27. H. 8. 10. Where an estate is made in posses∣sion or use to Husband and wife and his heirs, or the heirs of their bodies, or of one of their bodies, or to them for their lives, or for the wives life for her Join∣ture; In any of these cases she shall not have Dower: Howbeit upon a lawfull eviction of that Jointure she shall be endowed according to the rate of her husbands land, whereof she was dowable.

Such a Joynture being made after marriage, the wife (after the husbands death) may refuse it, and be∣take her to her Dower, unlesse such Joyntute be made by Act of Parliament.

CHAP. 7.

Rule 7. STat. de districtione Scaccarii, 51. H. 3•• The owner of impounded cattel may give them food without disturbance.

A distresse taken for the Kings debt shall not be sold within 15 dayes, and upon shewing of a Tally, and giving security for his appearance in the Exche∣quer upon the next accompt, the distresse shall cease•• The Sherif shall also attach the party that received the debt, to be there likewise at the same time.

Neither draught cattel, nor sheep shall be distrained (except for Damage-feasant) so long as other goods may be found to satisfye the debt: Distresses shall be rea∣sonable: The Sheriffe shall answer all debts received, and where the Sherif chargeth himself, the debt shal be quitted.

Marlebr. 15. 52. H. 3. It shall not be lawfull for any (except the King and his officers, having special au∣thority) to take distresses out of his fee, or in the Kings high way, or in the common street.

Marlebr. 4. None shall drive a distresse out of the County, wherein it is taken, in pain to be fined, and to make recompence to the party grieved: none shal take an unreasonable distress, in pain of amerciament

Westm. 1. 16. 3. E. 1. None shall drive a distress out of the County, or distrain wrongfully upon the penal∣ties provided by the Statute of Marlebr.

Westm 2. 36. 13. E. 1. None shall procure any to di∣strain another to make him appear at the county court or any other inferiour court, on purpose to vex him

and put him to charge and trouble, in pain to make fine to the King, and to pay the party grieved treble damages.

Westm. 2. 37. 13. E. 1. No distresse shall be taken but by Bailiffs known and sworn, in pain to restore damages to the party grieved, and to be grievously punished by the King.

Artic. Cler. 9. 9. E. 2. Distresses shall not be taken in the High-way, nor in the ancient fees of the Church.

Stat. 1, 2. P.M. 12. No distresse of Cattell shall be driven out of the hundred, rape, wapentake, or lath, where it is taken, except to a pound Overt within the same Shire, not above three miles distant from the place, where it is so taken: Neither shall a distresse be impounded in several places, whereby the owner may be constrained to sue several Replevins for the delive∣ry thereof in pain to forfeit to the party grieved for e∣very offence committed against the Act. 5 l. and treble damages.

None shall take above 4 d. for the poundage of one whole distresse (and where lesse is usually taken, to take lesse) in paine to forfeit it to the party grieved 5 l. and so much money, as is taken above 4 d.

Rule 24 Quia emptores terrarum, 18. E. 1. In all Feoffments to one and his heirs, the Feoffee shall hold his land, and the chief Lord of the fee by the same ser∣vices that the Feoffer held before.

Here, if the Feoffment be made of parcel, he shall hold of the chief Lord pro particula, according to the quantity of the land, and the Feoffor shall be set free for that part.

Rule 27. Mag. Cart. 31. 9. H. 3. If a Baronie, &c. Escheat to the King, the tenants that hold of the same (not having other lands that hold of the King in cheif) shall pay like relief, and do like services to the King after such Escheat, as they payd or did to their former Lords, and not otherwise.

Stat. 1. E. 6 4. So also it is, when a Seigniorie com∣eth to the King by attainder, conviction, outlawry, dissolution or surrender.

Stat 1. E. 3. Stat. 2. Cap 12. Lands holden of the King in chief, and aliened without licence shall not be for∣feited, but a reasonable fine shall be taken (of such lands so aliened) by due processe in Chancery. A•• cap. 13 lands holden of the King, as of some Honor sh•• not be taken into the Kings hands, as if they were holden of the King in chief, as of his Crown.

Rule 31. Stat. 33. H. 8 22. A fee set down for res∣piting of Homage in the Exchequer or other Courts

Rule 35. Marlebr. 9. 52. H. 3. None enfeoffed b•• deed shall be distrained to do suit to his Lords Court unlesse he be bound to do it by the form of his deed or he or his ancestors have used to do it, before the Kings first voyage in Brittain, being about 39 years and an halfe before the making of this Statute.

The eldest Coparcener shall only do suit of Court and the other parceners shall be contributary: All one Jointenant or tenant in Common shall do the 〈◊〉〈◊〉 and the rest shall contribute.

Rule 38. Westm. 35. Reasonable aid shall be 20 l. for a whole Knights fee, and as much for 20. l. land i•• soccage; and so more or lesse, according to that rate.

It shall be levied at 15 years age of the son, and •• years of the daughter; and if the Father levy it, and dye before the marriage of the daughter, the father executors shall be charged therewith, and if they have not assets, the heir shall be therewith charged.

Stat. 25 E. 3. Stat. 5. 11. Reasonable aid to make the Kings eldest son a Knight, and to marry his elde•• daughter shall be levied of all lands holden of the King (without Mean) according to the rate in the for∣mer Statute.

Rule 43. Marlbr. 17. 52. H. 3. Guardian in soccage

shall make no waste, sale, or destruction of the heirs in∣heritance, but safely keep the same to the use of the heir, and when he comes to age shall answer the issues thereof by a lawful accompt, saving his reasonabl costs: neither shall such Guardian sell the marriage of such heir, but to his advantage.

Rule 48. Magn. Cart 3 9. H. 3. The Lord shall take homage of the heir before he have the Wardship; and such heir, after he hath been in Ward, shall (at his full age of 21 yeares) have his inheritance without relief or fine; and if the heir within age be made a Knight, yet his land shall remain in ward, untill his full age afore∣said.

Marlebr. 6. 52. H. 3. If one enfeoffe his heir within age to cause the Lord to lose his Wardship, and die yet the Lord shall have the Wardship.

So when a fraudulent feoffment is made by a tenant upon condition to revert (after certain yeares) to him and his heirs, if the feoffees pay not a certain sum to the value, or more then the value of the lands; In such case the Lord shall have a writ de Cuctodia reddenda: And if (being able to aver this matter) he recover, yet the feoffees shall have the land again, when the heir comes to age; Howbeit, the Lord not being able to a∣ver it, shall render the feoffees their costs and dama∣ges,

Stat. 32. H. 1. Two Jointenants or more holding of the King, and he that hath the fee dyeth, the King shal presently have the ward-ship and marriag of the body of his heir, if he be within age. Saving to every woman her dower of two parts of those lands, divided from the third part (as in that Statute is directed) and saving to the King during the wards minority, the reversion of such Jointenants, and tenants in dower.

Rule 50. Merton, 6. 20. H, 3. If any heir (14 yeares old, or above) marrie himself without licence of his

Lord to defraud him of the marriage, and the Lord of him a convenient marraige without disparagement, th•• Lord shall retain the land beyond the term of his fu•••• age, untill he may receive the double value of the ma••¦riage.

If a Lord marrie the heir within 14 yeares of age whereby he is disparaged, he shall lose the Wardship and the profits of the lands shal (by the Wards friends be converted to the Wards use.

Merton 7. 20. H. 3. If an heir will not marry at the request of the Lord, he shall pay to the lord as much as his marraige is worth; for (of right) the marraige of an heir within age pertaineth to the Lord.

West. 1. 22. 3. E. 1. The Lord may hold the land o•• heirs female two yeares after their age of 14 within which two years if he marrie them not, they shall g•• quit without giving any thing for the wardship or mar∣riage, and If they will not except a convenient marri∣age tendred by the Lord, he shall hold the land til their age of 21 yeares, and over, until he have taken the value of the marriage.

Stat 4. 5. P.M. 8. None shall take or convey, or care to be taken or conveyed away any maid or woman child unmarried, being within the age of 16 yeares, or of the custodie and against the will of the father or mother of such childe, or of the person, to whom the father of such child (by his last will, or other act in his life time) hath appointed the governance of such chil•• (except such taking shall be (without fraud) by or fo•• the Master or Mistris of such childe, or her Guardia•• in Soccage or Chivalrie (in pain of two years impriso••¦ment with out Bail, or else to pay such fine, as shall be assessed by the Council in the Star-chamber.

None shall take away or deflower any such childe, o•• against the will of her father, if he be living, or of he•• mother (having the custody of her) if the Father b••

dead, contract matrimony with any such Child, (ex∣cept by the title of Wardship) in pain of five years im∣prisonment, or to pay a fine to be assessed by the sayd Councill. The Fines are to be divided betwixt their Majesties and the prosecutor.

The said Council and Justices of Assize have pow∣er to hear and determine these offences.

If any such child (above the age of 12. and under the age of 14) consent to any such contract of matrimo¦ny, the next of the kin to whom her inheritance should come, shall enjoy it during her life? but after her de∣cease, it shall revert to the right inheritor, other then to him, that did so contract matrimony. This act shall not prejudice any custome in London, or any other Citty or town concerning Orphans.

CHAP.

Rule 6. MErton 4 20. H. 3. Lords of wastes, or commonable woods or pastures may approve against their Tenants part thereof, so as they leave sufficient Common besides to¦gether with free ingresse and regresse to enjoy the same.

West. 2 46 13 E. 1. Such a Lord may approve in like sort against his neighbours which have common appur¦tenance, and for a Windmil, Sheepcote, Dairy, enlar∣ging of a Court or Courtilage none shall be grieved by Assize of novel disseisin.

If a ditch or hedge made for that purpose be thrown down, and the parties offending be not discovered by the Townes adjacent, they shall make it up again, and render damages.

Stat. 3. E. 6. 3. Upon Iudgment for the Plaintiff in an Assize upon any branch of the said Statutes of Mer∣ton and Westm. 2. the Court shall award treble damages

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This Statute shall not extend to houses built before the making thereof, not having above three acres laid to them, nor to a Garden, Orchard, or Pond, not ex∣ceeding two acres.

Stat. 43. El. 11. All contract made betwixt Lords and Commoners of wasts, &c. subject to surrounding shall be good, save where the Queen, &c. hath an Interest. This Act shall not be prejudicial to Lords and Com∣moners in any part of wasts, not assigned to Drainers, &c. nor to any Port or Haven.

CHAP. 9.

Rule 3 STat. 19 H. 7. 15. Upon a feoffment made to the use of a Villein, the Lord may enter into the land it self.

Rule 7. Stat. 9. R 2 2. In a suit by a Villein against his Lord, the Lord shall not be barred of their Vil∣leins, because of their answer in Law.

Rule 11. E. 61. 6. 16. No office or deputation thereof, or of any part thereof, which concerneth the administration or execution of Justice, or the receit, controlement, or payment of the Kings money, or re∣venue, or any accompt, Aulnage, Auditorship, or Sur∣veying of the Kings Lands, or Customes, or Admini∣stration, or Attendance in any Custome-house, or keeping of any of the Kings Towns, Castles, or For∣tress (being places of strength or defence) or any Clerk∣ship in a Court of Record, shall be bargained or sold, or any reward, or agreement of Reward taken for it, upon pain that the seller, &c. shall forfeit all his In∣terest in such office or deputation, &c. and the buyer be a disabled person to enjoy the same. And all bonds, &c. to be void, as against him, by whom they are made. Howbeit, all Acts executed by any such person offending before he be removed from his Of∣fice, &c. shall remain good.

This sttatute extendeth not to any Office of Inheri∣tance, or to any parkership, or to any offices to be given by the Chief Justices of the Kings Bench or Common place, or by any Iustices of Assize.

CHAP. 10

Rule 2. STat. 27. H. 8 24. No subject shall have au∣thority to pardon any felony, or any acces∣sories to felony, or any outlawry for such offences. Nor to make any justices of Eyre, Assize, Peace, or Gaole-delivery: All originall Writs, Indictments of treason, felonie, tre passe, and processe upon the same shall be only in the Kings name, and the Teste in his name, that hath the Franchise.

Every Writ and Indictment, whereby any thing is supposed to be done against the peace, shall be sup∣posed to be done against the Kings peace onely, and not against the peace of any subject the King shall have all fines, issues, amerciaments, and forfeitures lost by any Officers of Franchises for non-execution, or in∣sufficient returnes of processe, or for any misdemea∣nour concerning their office, with many provisoes in the same Statute.

CHAP. 11.

Rule 4 WEstm. 2. 23. 13. E. 1. Executors shall have a Writ of accompt, and the action and processe in the same writ, as their testator should, if he had lived.

Stat. 4. E. 3. 7. 1. Executors shal have an action for a trespass done to their testator, as of his goods and chat∣tels carried away in his life, and recover their damages in like manner, as he, whose executors they are, might have done: if he had lived.

Stat. 32. H. 8. 1. He that hath lands, tenements, 〈◊〉〈◊〉 hereditaments in soccage, and none holden by knight-service, or soccage in chief, may devise all by his wa•• in writing, or give all by act executed in his life; 〈◊〉〈◊〉 may he that hath land holden by soccage in cheif, an•• other land holden of a common person by soccage, and none holden by Knight-service: saving to the King•• primer seisin, relief, suing of the same out of the King•• hands, fines for alienation, &c. and all other dutie•• for the soccage in chief, as before hath been accu∣stomed.

He that hath lands, &c. holden by Knight service (whether he have any other lands holden of the King or of any other person by Knight-service, or orherwise or not) may do the like for two parts in three to be di∣vided in certainty, for the advancement of his wife or children, and payment of his debts: saving unto the King the wardship or primer seisin of the third part (without any charge, dower, &c.) and finds for aliena∣tion.

He that hath lands, &c. holden by knight-service (whether of the king alone by knight-service, not in cheif, or of a common person, or som holden of the king, some of a common person) and other land in soccage, may devise by will, or give by act executed in his life, two parts of that holden by knight-service, and all the soccage: saving to the Lord of the land holden by knight-service the Wardship of a full third part thereof, without any charge, dower, &c.

Provided, that every one shall sue his liverie, and pay his relief and heriot, as if this Act had never been made.

Stat. 34. 35. H. 8 The former Statute shall be extend∣ed to enable devises, and other Acts onely by Land in Fee-simple.

And if the partie, that maketh the will or other Act be seized in Coparcenerie, or in the common; it shal be good for so much, as in himselfe of right is.

The wardship, relief, primer seisin, &c. shall be of lands, that descend immediatly after the death of him that maketh the will or other act, as well in fee-tail as fee-simple; And the devise of two parts residue shall be good, though it be of all his fee-simples land: Such a will shall be good for two parts, (in case only where two may be devised) though it be made for the whole or more then two parts.

Such wils made by a feme-covert, infant under the age of 21 yeares Ideot, or one of non-sane memorie shall not be good, See also some other things there for the explanation of the former Act of 32 H. 8. 1.

Rule 10. Stat. 21. H 8. 4. that part of the executors, which take upon them the charge of a will, may sell the land devised by the Testator to be sold, albeit the other part which refuse, will not joyn with them.

Rule 11. Stat. 25. E. 3. Stat. 5 5. Executors of execu∣tors shall have actions of debt, accompt, and goods carried away of the first Testators, and Execution of Statute-Merchants recognizances made unto him; And shall also answer for Assets, as the first executors should have done.

Rule 12. Westm. 2. 19. 13. E. 1. the Ordinarie shall satisfie debts, wherein the Intestate was bound, as exe∣cutors should,

Stat. 31. E. 3 11. the Ordinaries shall depute next friends of the Intestate to administer his goods, who shall sue and be sued, and be accountable to the Ordi∣naries, as executors should.

Stat. 21 H. 8. 5. Administration shall be committed to the widdow of the Intestate, or to the next of his blood, or to both, at the discretion of the Ordinary. The O••∣dinary

not doing his duty herein forfeiteth ten pound

Stat.. 43. El. 8. If any obtain goods of an Intestate fraud (as by procuring administration to be granted a stranger of mean estate, or not to be found) and no•• upon valuable consideration, &c. he shall be charge as executor in his own wrong as far as the goods debts extend.

Rule 20. Westm. 1. 4. 3. E. 1. Where a man, dog, cat, escape alive out of the Ship, it shall be no wreck but the things shall be prised by the Sheriff or Corone•• and delivered to those of the Town, where they 〈◊〉〈◊〉 found, to answer for them: So as if any within a ye•••• and a day prove, that the goods are his, they shall 〈◊〉〈◊〉 restored to him.

CHAP. 13.

Rule 3. Stat. 32. H. 8 28. Leases made by tenant 〈◊〉〈◊〉 tail, or by him, who is seised in the right of his wife or Church (they being of full age at the time of such a lease made) shal be good against the Lessors, their wives, heirs, and successors.

This Statute shal not extend to any lease to be made of lands in the hands of any Farmer by force of a•• old lease, unlesse such an old lease expired within a yea•• after the making of the new; nor to any grant to be made of any reversion of such lands, nor to any lease o•• lands, which have been let to Farm 20 years before such lease made; nor to any lease made without impeach∣ment for waste; nor for above 21 years, or three lives from the making thereof; and that upon every such lease there be reserved so much yearly rent, as hath bi•• usually paid within 20 years before such lease made And the reversioner of such lands, &c. may (after the death of such lessor, o•• his heirs) have such remedie

against such lessee, his executors and assignes, as such lessor might have had against such lessee.

Provided, that all leases made by the husband of land, &c. (being the inheritance of the wife) shall be made by Indenture in the name of the husband and wife, and she to seal to the same, and the rent shall be reserved to the husband and wife, and the heires of the wife. And here, the husband shall not alien or discharge the rent, or any part thereof longer then during the co∣verture, unlesse it be by fine leived by husband and wife.

No fine, feoffment, or other act, done by the husband only, of the inheritance or free-hold of the wife shall make any discontinuance, or prejudice the wife or any other, who is to enjoy the estate after her decease, fines leived by the husband and wife onely excepted.

Stat. 1. El. not printed. All estates made by any Arch-Bishop, or Bishop of any mannors, Lands, &c. parcel of their Bishoprick, other then to the Queen, &c. and other then for 21 years and three lives from the time of such estate made; and whereupon the accustomed year∣ly rent or more shall be reserved▪ shall be void.

Stat. 13. El. 10. All leases, conveyances, and estates made by any master and Fellowes of a Colledge Dean and Chapter, Guardian of an hospital, Parson, Vicar, or other having any ecclesiastical living &c. other then for 21 years, or three lives from the making, and wher∣upon the accustomed yearly rent or more is reserved, shall be void.

Stat. 14. El. 11. The branch of the Statute of 13. El. 10. made to avoid certain Leases, shall not extend to houses scituate in Corporations, or Market-townes, or the Suburbs thereof, nor to the grounds of such houses, so as they be not the dwelling houses of the persons there restrained, nor have 10 acres of ground belonging

to them. Provided, that no leases in reversion shal be made of such houses, nor without reserving the accusto∣med yearly rent at least nor without charging the less•••• with reparations, nor for a longer term then 40 years Neither shall any such houses be aliened without pur∣chasing presently after other lands in Fee-simple of good value.

Stat. 18. El. 11. All leases made by such persons, are mentioned in 13. El. 10. where another lease is being, not to be expired, surrendred, or ended with three yeares next after the making of such new lease shall be void: And all Bonds & Covenants for rent∣ing of any such lease contrary to this Act, or to th•• said Stat. of 13 El. 10. shall also be void.

Rule 21. Westm. 2. 5. 13. E. 1. Usurpation of Church∣es during wardship, particular estates, Coverture 〈◊〉〈◊〉 Vacanci, shall not bar the heir at full age, the reverse∣ner or remainder in possession, the feme-discovert 〈◊〉〈◊〉 the spiritual person in succesion, from having their wri•• of Advowson possessory, viz a quare impedit, or an as∣size of Darrein presentment, as their ancestor, or pre∣decestor might have had, usurpation had happen∣ed in their time; whereas before this Act they were (〈◊〉〈◊〉 such cases) put to their writ of right of Advowson.

One and the same form of pleading, shall be used 〈◊〉〈◊〉 Darrein presentment, and Quare impedit, viz. if the de¦fendant alledged plenartie of his own presenati•••• the plea shall not stay by reason of the plenartie, so 〈◊〉〈◊〉 the writ be purchased within the six moneths; albeit 〈◊〉〈◊〉 cannot recover within that time.

Where partition is made upon record, or by fine 〈◊〉〈◊〉 present by turn, the Coparcener, that is disturbed sha•••• not be put to a Quare impedit, but may have remed•• upon the Roll or fine by Scire facias: And among•••• Coparceners, if one present twice together, yet sha••••

not the other barred, but have his other turn when it falleth.

CHAP. 14.

Rule 4. Westm. 2. 34. 13. E. 1. If a man ravished woman married, maid, or other, albeit she did consent after, he shall have judgment of life and member, and here the King shall have the suit.

Stat.. 6. R. 2. 6. Both the ravisher and ravished (where she consents after the fact) are disabled to have or cha∣lenge any inheritance, dower, or loint-estate after the death of their husband or ancestor.

In an appeal of Rape, the Husband, father, or next of the blood shall have the suit, and the Defendant shal not be received to wage Battail.

CHAP. 15.

Rule 2. WEstm. 1. 33. 3. E. 1. he that publisheth a∣ny false news or tales, whereby discord or occasion of discord & slander may grow betwen the King & his people, or the Nobles, shall be kept in pri∣son, untill he hath brought him forth into the Court, that did speak the same.

Stat. 12. R. 2. 11. The like for him that telleth false lies of nobles and great offices, whereby discord may arise between the Lords and Commons.

Stat. 12. R. 2. 11. in the case of these former Statutes if the party cannot bring forth him, that speak the same, he shall be punished by the aduise of the Council.

CHAP. 19

Rule 4. 31. E. 3. Stat. 1. 2. If any man or Town, char∣ged

with the goods of fugitives or felons will (in dis∣charge of himself) alledge another, that is chargeable therewith, he or they shall be heard, and right shall be done him.

Stat. 1. R. 3. 3. None shall seize the goods of any ar∣rested for suspition of felonie before he be convict or at∣taint thereof, or the same goods be otherwise lawfully forfeited, in pain to forfeit to the party grieved double the value of the goods so taken to be recovered by acti∣on of debt, &c.

Rule 6. 1. E. 6. 12. The wife shall be endowed, albe∣it her husband were attainted, convicted, or outlawed for treason or felonie, saving the right of others. But note, that this is altered for treason, by 5. E. 6. 12.

Rule 13. Magn. Cart: 22, 9. H. 3. The King shall have the land by a year and a day, and then render it to the Lord of the fee,

Praerog. Reg. 16. 17. E. 2. The King shall have the profits by a year and a day, and also the wasting of the tenements by pulling down houses, cutting down woods, digging up meadowes, &c.

Rule 18 Stat. 21. H. 8. 7. (made perpetual by 5, El. 10.) the servant that hath any goods or chattels deli∣vered unto him to keep by his master, and (with an in∣tent to steal) doth either go away therewith, or (being in service) imbeziles or converts the same to his own use, shall be judged a thief, if the value of the goods amount to 40s. Howbeit, this extendeth not to appren∣tices or persons within eight years of age.

Rule 21. Stat. 21. H. 8. 11. where a felon robbeth or ta∣keth the money or goods of any, and is thereof found guilty, or otherwise attainted upon evidence given by the party himselfe, or others by his procurment; in tha•• case, the justices of G. D. or other justices, before whom he is so found guilty or attainted, have power to award

a writ of restitution for the mony or goods so robbed or taken, in like manner, as if the felon were attainted at the suit of the partie in an appeal.

Rule 23. Stat. de Malefact. in parcis, 21. E. 1. It is no felony for Foresters, &c. to kill misdoers, &c. If they will not submit themselves.

Rule 25. Glocester 9. 6. E. 1. He that killeth a man by misadventure, or se defendendo, must put himselfe up∣on the Country; and if he be found to have done it so, the King (if he please) may pardon him.

Marlbr. 25. 52. H. 3. To kill a man by misadventure shall be no murder.

CHAP. 21.

Rule 3. STat. de proditionibus 25. E. 3 Stat. 5. s. It is high treason to kill the Chancellor, Treasu∣rer, &c. as in the second Rule of this Chapter. Also to counterfeit currant money: To bring false money into this Realm counterfeit according to the money of En∣gland (knowing the same false) to merchandize or make payment with it. To counterfeit the great Seal or privy seal.

Stat.. 1. Mar. Sess. 1. 6 Seal-manuel, privie signet, or privy seal, strange coine currant in this Realm.

Stat. 1. 2. P.M. 11. To bring wittingly false forein coine hether, to the intent to utter it within the Realm

Stat. 5. El. 11. To clip, wash, round, or file any money of this Realm, or currant here: Howbeit, this causeth forfeiture of land for life onely; but no losse of Dower or blood corrupted.

Satt. 18, El. 1. To impair, diminish falsifie, seal, or lighten any money by any art, wayes, or means what∣soever.

Stat. 1. El. 1. &. 6. Stat. 13. El. 1. Treason, to ad∣vance the Popes authority, &c.

Stat. 33. H. 8, 20. Attainder of high treason by 〈◊〉〈◊〉 course of the common Law, or Statutes of this Rea•••• shall be of as great force, as an attainder by Parlame•••• And the King shall have the real possession of eve•••• thing forfeited without inquisition or office: saving strangers, &c.

Stat. 29. El. 1. No record of attainder of treason sha•••• be reversed, where the partie attainted is executed 〈◊〉〈◊〉 the same offence.

Stat. 20. H. 10. and 5. 6. E. 6.. 11. Any offence (〈◊〉〈◊〉 treason hertofore) committed out of the limits of 〈◊〉〈◊〉 Realm, shall be inquired here by commission, and 〈◊〉〈◊〉 proces used, as if it he had been don within the Real•• One Resiant out of the limits of the Realm may 〈◊〉〈◊〉 outlawed for high Treason: An estate Tail shall be for∣feit for high Treason.

CAAP. 22.

Rule 2. 36 E. 3. 15. All pleas which be pleaded in ••¦ny of the Kings Courts &c. or in the Courts of other Lords shall be pleaded, shewed, and defended, answer∣ed, debated, and judged in the english tongue and en∣tred and enrolled in Latine.

Rule 7 14. E. 3. 6. No processe shall be annulled 〈◊〉〈◊〉 discontinued by the Clerks mistaking in writing o••••¦silable or letter too little or too much, but shall be speedily amended without any advantage to the o∣ther.

Stat. 9 H. 5. 4. The justices before whom such pleas o•• records be made, or shall be depending, may make such amendment as well after judgment, as before so long as such record or processe shall continue before them▪ Stat 4. H 6. 3. The Statute of 9. H. 5. 4. is made perpe∣tuall: provided it shall not extend to records or pro∣cesses

in Wales, or whereby any person is outlawed.

Stat. 8. H. 6. 12. No judgment or record shall be re∣versed or annulled for error assigned by reason of the raising or interlining of any record, processe, warrant writ, pannel, or return, or any addition, subtraction, or diminution of words, letters, titles, or parcel of let∣••••rs found in the same.

The Judges may reform all defects in any reeord, pro∣cesse, word, plea, warrant, writ, pannel, or return (ex∣cept appeals, indictments of treason, or felonie, and- the outlawries of the same, and the substance of the proper names, sirnames, and addition, left out in origi∣nal writs, exigents, and in other writs of Proclamation, contrary to the statute of 1 H. 5. 5.) so as by such mis∣prision of the Clerk no Judgment shall be reversed or annulled. Variance alledged betwen a Record and the Certificat thereof shall be amended by the Judges.

Stat. 8 H. 6. 15. The Justices may amend the mispri∣sions and defaults of Clerks of the Court, or of She∣riffes and their Clerkes, and of all other Officers what∣soever, found before them in any record or processe, or the return of the same, by reason of writing one letter or syllable too much or too little except in records and processes within Wales, and of felonies and treasons, and the dependances of the same.

Stat. 27. El 5 After demurrer joyned and entred, the same Court amended all imperfections, defects, and wants of forme, other then those onely, which the party demurring shall particularly expresse in his demurrer. Howbeit, his Act shall not extend to the proceedings in an appeal of fellony or murder, or upon an Indictment presentment, or penal Statute.

Rule 8. westm. 2. 39. 13. E. 1. Damages given against the Sheriff, if he return not at all, or return a tarde, up∣on writs delivered, or offered to be delivered him by

bill: so upon returning a Mandavi Balivo libertatis fals∣ly: Upon any resistance of any great man to execute the Kings precepts, the Sheriffe shall take the Posse ••••∣mitatus, and see it served: See 2 E 3. 5.

The Stat. of York 5. 12, E, 2. Bailiffes of Franchises ma•• deliver their returnes of writs to the Sheriffs by Inde••∣ture, and if he change the return, the Lord of the ••••¦berty, and the party shall recover double damag•••• Sheriffs and Bailiffs shall set their proper names to 〈◊〉〈◊〉 returnes.

Stat. 27. El. 12 Every Under-Sheriff, Bailiff of Fr••••¦chise, Deputy, Clerk of the Sheriffe, &c. must take 〈◊〉〈◊〉 oath of Supremacie, and another oath for the true sp••••∣dy and indifferent returning of writs, and impanelli•••• of Jurors, without taking above the fees allowed.

Stat. 29. El 4. No Sheriffs, Under-Sheriffe, Baliffe 〈◊〉〈◊〉 a libertie, or any of their Deputies shall either direct∣ly or indirectly take more for serving an extent or exe∣cution, then after the rate of 12d. for every pound un∣der 100l. and 6d. for every pound above 100l. of what they shall so levie, in pain to forfeit treble damages 〈◊〉〈◊〉 the party grieved, and besides 40l. to be divided betwixt the Queen and the prosecutor.

Rule 11. Stat. 1. E 34. Stat. 1. Averment given in a writ of false judgment against the record certified▪

Rule 26. trinity Term shal begin the monday after Trinity Sunday for keeping of Essoines, proffers, re∣turnes, &c. the full term shall begin the Friday after Corpus Christi day, and have four returnes onely, Crassi∣no Trin. Octabis Trin. Quindena Trin. and Tres Trin. the rest are cut off: also by a late Act the two first Returnes of Michaelmas Term are abridged.

Rule 37. 18. H. 6. 1. The Kings Letters Patents must bear date the day of the delivery of the warrant to the Chancellor, and not before, otherwise they are void.

Stat. 3. 4. E. 6. 4 Every one that hath any Intrest in any land or office by or under authority of the Kings Letters Patents (made after the fourth of February 27. H. 8.) may make his title, plea, avorwie, &c. as well a∣gainst the King as any other by an exemplification (or ••••stat) under the great Seal.

Stat 13. El. 6. So likewise of the Patentees of H. 2. •••• Qu M.P. &. M. and Qu. Eliz. and all claiming under them.

Rule 49. Stat. 14. E. 3. 8. Escheators shall not conti∣nu•• in their office above a year.

Rule 51. Mag. Cart. 35. The Sheriffe shall make his turn throughout the Hundred but twice a year viz. once after Easter, and once after Michaelmas. And the view of Frank pledge shall also be made at the turn of Michaelmas.

Stat. 31. E. 3. Stat. 1. 15. Every Sheriffe shall hold his turn yearly, one time within the month after Easter, and another time within the month after Michaelmas, in pain to lose his turn for the time.

Stat. 1. E. 3, Stat. 1. 17. Indictments in Sheriffs turns must be by rolls indented, one part thereof to remain, with the Endictors, the other with the Sheriff.

Stat. 1. E. 4. 2. upon Indictments and presentments ta∣ken before Sheriffs, or their Ministers at their turns or Law-dayes, they shall not attach, arrest, or imprison, nor levie any fine or amerciament of any person so in∣dicted (or presented) but deliver the same Indictments or presentments to the Justice of peace of the same County, at their next Sessions who shall proceed here∣upon, as if they were taken before them.

Stat. 1. R. 3. 4. None shal be returned upon a pannel of inquirie for the Sheriffs Turn, but men of good name and fame, having within the same County Free-hold land to the yearly value of 20 s. or Copihold land

to the yearly value of 26s. 8d. and every Indictmen•• ortherwise taken shall be void.

Rule 55. Westm. 1. 10. 3. E. 1. Coroners shall be cho∣sen in all counties of the most wise & discreet Knigh•• Sheriffes shal have Counterparts with the Coroners all things, which concern their office: they shall 〈◊〉〈◊〉 nothing of any man to do their office, in pain of gre•••• forfeiture to the King.

Stat. 14. E. 3. Stat. 1. 8. A coroner shal have sufficie•••• in the County, whereof to answer all people.

Stat. 28. E. 3. 6. Coroners shall be chosen in the•••• Counties of the most convenient and lawfull men ••••∣ving unto the King and other Lords (that may 〈◊〉〈◊〉 Coroners) their Franchises.

Stat. 1. H. 8. 7. where one is slain by misadventure, 〈◊〉〈◊〉 Coroner shall execute his office without fee, in pain 〈◊〉〈◊〉 40 s. Justices of Assize and Peace have power to re∣quire of and punish the defaults and extortions of Co∣roners.

Rule 57. Artic. super Cart. 3. 28. E. 1. They shall be∣hold plea of any contracts or covenants, but such as 〈◊〉〈◊〉 of the Kings house maketh with another of the 〈◊〉〈◊〉 house: Nor of any trespasse, unlesse the party were ••••∣tached, and the plea determined before the Kings ••••∣parture from the place, where the trespasse was com∣mitted, Any thing attempted here against is void▪ Pleas of felonie (that cannot be determined before the Steward, because the felons cannot be attached, or 〈◊〉〈◊〉 other like cause) shall be refered to the Common Law.

Stat. 5 E. 3. 2. & 10. E. 3. Stat 2. 2. Inquests shal be ta∣ken by the men of the country about, 〈◊〉〈◊〉 by none of the Kings house, except it be in Covenants, contrasts & trespasses, when either party is of the Kings house.

Stat. 13. R. 2. Stat. 1. 3. the jurisdiction of the Stew∣ard

and Marshall of the Kings house shall extend no further then twelve miles from the Kings Lodging.

Stat. 15. H. 6. 1. The defendants may averre, that themselves and the Plaintiffe (at the time of the Suit commenced) were not of the Kings house against the Record.

Stat. 33. H. 8. 12. The Lord Steward of the Kings house alone, or (in his absence) the Treasurer and con∣troller of the kings house with the Steward of the mar¦shalsie or two of them (whereof the Steward of the Marshallsie to be one) may without Commission hear and determine all Treasons, Murders, Man slaughters and blood-shed, within the kings house, although the king be removed before: the inquiring and verdict must be by the Kings houshold servants in the Check-roll: No Clergie or Sanctuary is given to any, found guilty before them.

Rule 60. 17. E. 4. 2. made perpetuall 1 R- 2. 6. No Plea shall be holden in Court of Pipowders, unlesse the Plaintiffe or his Attorney swear, that the matter of the declaration was done in the time of the same fair, and within the Jurisdiction thereof, but that oath shall be-no conclusion to the defendant, but that he may plead as he might before: Every Steward holding plea other∣wise, forfiteth 5 l.

CHAP. 23.

Rule 2. Glocester 8. 6. E. 1. Attorneys may be made in all pleas, where appeales lie not.

Merton 10. 20. H. 3. In suits at the County Court, Hundred, Weapontake, or Lords court.

Westm. 2. 10. 13. E. 1. An Attorney may be made in all Counties, where justices do journey▪ and Stat. 3. H. 7. 1. An appeal of death may be pursued by Attorney.

Westm. 1. 25. 3. E. 1. Westm. 2. 49. 13. E. 1. and Artic. supp. Cart 11. 28. E. 1. there shall be no maintenance in such.

Stat. 32. A. 8. 9. None shall buy, sell, or get or take promise, or grant to have any pretenced rights or 〈◊〉〈◊〉 to lands, except the seller, or those, by whom he claim∣eth were in possession, or tooke the profits, by the span of a year next before upon pain that the seller, &c. shall forfeit the value of the land, and likewise the buy∣er, knowing the same, provided, he that is in lawfull possession by taking the yearly profits, may buy, &c. a∣nothers pretenced right, &c.

Rule. 7. Stat. 6. R. 2. 2. Debt, accompt, and all such actions shall be brought in the County where the con∣tract, &c. was made.

Rule 16. Stat. 1. E. 6. 7. The Acceptance of a new name of dignity shall not abate the writ.

CHAP. 24.

Rule 6. MErton 8. 20. H. 3. Seisin of ones Ance∣stor in a writ of right shall be from the time of H 2.

In a Mortdancester, writ of Nief, and of entry, from the last return of King John out of Ireland.

In an Assize of novel disseisin, from Henry 3. his first passage into Gasciogne.

West. 1. 38. 3. E 1. Seisin of ones ancestor in a writ of right shall be from the time of Richard the first.

In an Assize of novel disseisin, and Nuper obiit, from H. 3. his first passage into Gascoigne.

In a Mortdancester Cosinage, Aywel, entry and writ of Niefe, from H. 3. his Coronation.

Stat. 32. H. 8. 2. Seisin in a writ of right, shall be within 60 yeares.

In a Mortdancester, or any other possessory action (upon the possession of his ancestor or predecessor) shall be within 50 yeares.

A writ of the possession of the Plaintiff himselfe shall be within 30 years.

An avowry or cognizance, for rent, suit, or services of the seisin of his Ancestor, or of his own, shall be within 40 years.

Formedons in reverter or remainder, and Scire fa∣cias upon fines shall be sued within 50 years, after the title or cause of action accrued

Stat. 1 M. 1. Parl. 2. sess. 5. The statute of 32 H. 8. 2. shall not extend to a writ of right of advowson, Qua∣re impedit, Assize of Darrein presentment, Jure patro∣nasus, writ of right of ward, writ of ravishment of ward nor to the seiser of the wards body or Estate: but the time of the seisin to be alleadged in such cases shall be as it was in the Common Law, before the making of the sayd statute.

Stat. 21. Jac. 2. The time of prescription for lands concealed from the King is sixty years before the ma∣king of that statute

Stat. 1. Jac, 16. In writs of Formedon in descender, remainder and reverter, and right of entry, the time is 20 years after accruer, and imperfections removed.

Rule 6. Stat. 25 E. 3 stat 5. 16. Non-tenure shall not abate the writ, but only for the quantity.

Stat. 37. E. 3. 17. No writ shall be abated by acknow∣ledgment of villeinage, if the demandant or Plaintiffe will averr, that he that alleadgeth the exception was freed the day of the Writ purchased.

CHAP. 26.

Rule 4. WEstm. 2. 2 13 E. 1. A Gui in vita given to the wife after her husbands death, upon his loosing of the land by default, and the Te∣nant that recovered against the husband must main∣tain his own right.

CHAP. 27.

Rule 4. WEstm, 2 20. In a Writ of Cosinage Ayel, and Besayel, the point shall be inquired, whether the demandant be next heir, as well as in a Mortdancestor.

Rule 10. Westm. 2. 1. 13. E. 1. A formedon in De∣scender is also given by this Statute to the heir in tail upon a descent from his Ancestor dying seised of the estate tail.

Rule 12. Merton 1 20 H. 3. A woman deforced of her dower or Quarentine, shall (in a writ of Dower) re∣cover damages, viz. the value of her Dower from her husbands death to the day of the recovery of her Dower, and the deforceor shall be amercied.

Westm. 1. 48. 3. E. 1. A writ of Dower unde nihil ha∣bet shal not abate, though she have received part of her Dower before the writ purchased, unlesse it were of the same party, against whom the writ was brought, and in the same Town.

Westm 2. 4. 13. E. 1. In place of a writ of right a Quod ei deforceat is given to tenant in Dower for life, by the coutresie, in Frank-marriage, and in tail, upon losing by default.

CHAP. 28.

Rule 2. Marlebr. 7 52. H. 3. In a writ de communi Custodia, if the deforceor come not at the grand distresse, the writ shall be renewed as often as may be within half a year, and every time read and claimed in the county-court; and if he come not in to answer, nor the Sheriffe finde him within that halfe yeare, he shall lose the Ward saving

his action another time, if he have right.

Westm. 2. 35. 13. E. 1. In a writ of ward of land or heir, or both, either of the parties dying before the plea determined, a re-summons shall be; And in the grand distresse day must be given, that three County dayes may be held before the returne, in every of which Proclamation shall be made, whereupon if the defendant appear not, judgement shall be given for the plaintiff: saving the right of the defendant, if afterwards he will claim it: So shall it be done also in a writ of ejectment of ward.

Rule 6. Westm. 2. 2. 13. E. 1. If the tenant disclaim in the County-Court, or other Court not of Record the Lord may remove the plea before the Justices to cause it to be of Record; so as he may have a writ of right sur dlsclaimer.

Glocester 4. 6. E. 1. & Explanat. 4 When land is given in Fee farme, rendering or doing so much as amount∣eth to the fourth part of the value of the land, if he (whose land is charged) let it lye fresh by two years, so as no distresse can be found in it, nor render or do that which is contained in the writing, the other shall re∣cover the land by a Cessavit; but the tenant coming before, judgment if he render the arrerages and dama∣ges and finde sufficient to do from thenceforth that which is contained in the writing, shal retain his land. Westm. 2. 21. 13. E. 1. If a man detain from his Lord his service due, by two years, the Lord shall recover the land by a Cessavit: This lyeth also for the Lords heir, against the tenant, his heirs and Alience.

Westm. 2 41. If religious houses, that have land gi∣ven; &c. withdraw the Almes, &c. by two years, the donor shall have the like action.

CHAP. 29.

Rule 7. MArlbr. 9. 52. H. 3. The processe in a Sella ad molendinum is attachment, venire facias, and the grand distresse: see also there the order of proceeding in that action.

Rule 9. Stat. 25. E. 3 Stat. 3. 3 tht Kings Collation to a benefice (being found before Judgment to be un∣true) shall be repealed.

Marlbr. 12. 52. H. the processe in a Quare impedit shall be Summons, Attachment, and Grand distresse.

Westm. 5. 13. E. 1. A Coparcener being disturbed (af∣ter Partition) shall have a Scire facias, and shall not be put to a Quare impedit.

If tenant in Dower, or by the courtesie have present∣ed, the reversioner being disturbed shall have a Quare impedit, or Darrein presentment at his pleasure.

Rule 15. Westm. 2. 9. The Mesne not coming in to acquit the tenant loseth the service, and the tenant shal have like remedy against the lord for exaction, as the Mesne might have had: And there see the processe and proceeding to be used against the Mesne.

Rule 21. Stat. de finibus 18. E. 1. Stat. 4. After the writ original is delivered in the presence of the parties before the Justices, the Pleader shall say, Sir Justice Conge d'accorder, then the Justice shall say what saith Sir R; And when the Kings fine is agreed for; and the peace cried, the Pleader shall declare the substance of the fine: the parties ought to be of full age, of s•••• memorie, and out of prison: A feme-covert must be exa∣mined before four Justices, and without her consent the fine cannot be leived.

Stat. de finibus levatis, It shall be no good exception that before and at the time of the fine leived the de∣mandant

or his ancestors were seised of the land con∣tained in the fine, or of some part thereof: Fines shall be openly read at two certain dayes in the week by the discretion of the Justices, and in the meane time all pleas shall cease.

Sta. 5. H. 4. 13: Every writ of Covenant, All other whereupon Fines are levyed, the dedimus potestatem, and all knowledges of the same, before they be drawn out of the Common Bench by the Chirographer, shall be inrolled in a Roll to be of Record for ever, out of which execution shall be had, if the Notes and Fines be imbeziled.

Stat. 23 El. 3. Every writ of Covenant, or other writ, whereupon any fine is levyed, the Return there∣of, the Concord, Note, and Foot of the Fine, the Proclamations, and the Queens silver, also every writ of Entry in the post, and other writ, whereupon any common recovery is suffered, writs of Summons ad Warrantizandum, and the returne of all these writs, and every warrant of Attorney, may at any mans re∣quest be inrolled, which Inrollment shall be of as great force to all purposes in law, as the things themselves, if they were extant: No Fine, Procla∣mation, or common Recovery shall be reversed by writ of Errour, by reason of false Latine, Razure; In∣terlining, mis-entring of the warrant of Attorney, or of any Proclamation, or by reason of any other defect of form in words, and not in matter of substance.

Rule 22. Stat. 34. E. 3. 16. The plea of non claim of Fines shall be no barr hereafter.

Stat. 4. H. 7. 24. Every fine after the ingrossing shall be proclaimed in the Court the same Term, and the three next, four severall dayes in every Term, all pleas ceasing the whilest: The Proclamations being so made, The fine shall conclude all privies & strangers, except

women Covert, persons within 21 years of age, in pri∣son, out of the Realm, or of non-sane memory (being no parties to the Fine) so as they or their heirs take their action or lawfull entry within five yeares after those imperfections removed: saving to all persons and their heirs (other then parties) the right, claim, and interest, which they have at the time of the fine so as they pursue it by action or lawfull entry within five years next after the Proclamations; And saving to all other persons such right, title, claim and interest, as first shall grow, remain, or come to them after the Pro∣clamations by force of any matter before the fine, so as they take their right according to the Law within five years, next after it so growes, &c. And those, that be Covert-baron, &c. at the time when it groweth, that they or their heirs take their action or lawfull enuy within five years after those imperfections removed: saving also to all (not parties or privies) the exception, that none of the parties, or any to their use, had a∣ny thing in the lands at the time of the fine.

Stat. 1. M. Parl. 1. 7. All Fines whereupon Procla∣mations be not or shall not be duly made (by reason of the adjournment of any term by writ) shall be as good as if any term had been holden from the begin∣ning to the end, and proclamations therein made ac∣cording to the Statute.

Stat. 32. El. 2. Proclamations of Fines shall be only four times, viz. once in the term, wherein the Fine is ingrosed, and once in every of the three termes next after.

CAAP. 30.

Rule 2. MAg. Cart. 12, 9. H. 3. Assises of Mortdan∣cester and novel-disseisin shall not be taken but in their proper County by

the Justices of Assize, and if they cannot be determin∣ed there, they shall be determined by the same Justice in their Journey: Also difficult matters shall be refer∣red to the Justices of the bench to be there determined

westm. 1. 24 3. E. 1. An Assize given against an Es∣cheator, Sherif, or other Bailiffe of the King, that sei∣seth any lands by colour of his office, without special-warrant; and double damages to be recovered by the ••est••e partie greieved.

Westm. 2. 25. 13. E. 1. An Assize of novel disseisin shall lie for estovers of wood, profit to be taken in woods, a Corody, delivery of Corn, and other victuals and ne∣cessaries to be received yearly in a certain place, toll tronage, passage, Pontage, Pawnage, and the like to be taken in places certain, the keeping of Parks, Woods, Forests, Chases, Warrens, Gates, and other Bayliwicks, and Offices in fee; And in all these cases the writ shall be, de libero tenemento: All an Assise is given for common of turbarie, fishing and such like Commons appendant to a freehold, or without a free∣hold by special deed (at least) for term of life.

If any holding for years or in ward alien in fee, reme∣die shall be had by an Assize, and both the feoffors and feoffees shal be had for disseisors, so that during the life of any of them the said writ shall hold place; but if they die the remedie shall be by writ of entry.

the giving of this writ in new cases shal not diminish the force thereof in those, wherein it had force before; and remedie also shall be had thereby, in case where on feedeth in the sevrall of another.

In this suit, if the defendant fail to make good the exception, which he pleads, he shall be adjudged a dis∣seisor without taking the Assize, and shall give to the Plaintiffe double damages both inquired, and to be in∣quired; and besides shall suffer a years Imprisonment

If such an exception shall be alledged by a Bailiffe the taking of the Assize shall not thereby delayed nor yet the judgement upon the restitution of the land and damages: Howbeit, if the Master of such Bailiffe afterwards offer to prove to the Court by matter of Record, that there was just exception, whereby the Plaintif might have been barred, he shall have a ve∣nire facias, to produce such record; And then, if the Justices see cause, the plaintif shall be warned to ap∣peare at a certain day, and the defendant shall then have again his seisin and damages, and the plaintif shall be punished by Imprisonment at the discretion of the Iustices: In like manner also shall the Iustices proceed, in case the defendants proof is by deeds and releases; for if the plaintif purchased the Assize con∣trary to his own deed, he shall be punisht, as aforesaid.

Stat. 7. R. 1. 10. An Assize of novel disseisin for 〈◊〉〈◊〉 issuing out of Lands in divers Counties shall be take•• in confinio comitatus, as is used for Common of Pas•••••• in one County, appendant to tenements in another.

Stat. 1. H 4. 8. A speciall Assize is maintainable by the disseisee for such lands, as are granted by the King patent, without title first found by inquest for th•• King, without suit to be made to the King in that be¦halfe; And if the pattentee pray in Aide of the King a procedendo shall also be granted without suit. Here 〈◊〉〈◊〉 the Assize passe for the disseises, he shall recover 〈◊〉〈◊〉 damages against the patentee.

Stat. H. 4. 8. If any make forcible entry into land by way of maintenance, the Chancellor of England shall grant a special Assize without suing to the King and if the disseisor shall be attainted thereof, he sha•• suffer one whole yeares imprisonment, and restor•• double damages to the party grieved.

Stat. 21. H. 8. 3. The plaintif in Assize may abridg••

his plaint of any part, whereunto a bar is pleaded without prejudice to the residue.

Merton 3. 20. H. 3. A man disseised recovering his seisin by Assize of novel disseisin, or confession of the party, and having the same delivered him by the She∣rif, if he be again disseised of the same tenements by the same disseisor, he shall have a writ of redisseisin to command the Sherif (taking with him the Keeper of the pleas of the Crown, and other Knights) in pro∣per person to go to the land, &c. and by the first Iu∣rors or other lawfull men to make inquiry: Howbeit, this must not be without speciall commandment of the King: The redisseisor shall be imprisoned.

Marlbr. 8 52. H. 3 And not delivered without special command of the King, and payment of a Fine.

Westm. 2. 8. 13. E. 1. Writs of redisseisin must be inrol¦led in the Chancery, and transcripts thereof shall be sent into the Exchequer.

Westm. 2. 26. A writ of Redisseisin shall lie for them-that have recovered by default, reddition, or other∣wise, without recognition of assizes or Iuries: The redisseisor shall answer double damages, and not be re∣previsable by common writ.

Rule 8. Westm. 2. 24. 13. E. 1. Giveth an assize of nusance against him, to whom the tenement is aliena∣ted after the nusance is made.

Stat. 6. R. 2. 3. The Plaintif, if he will, may have a writ of nusance in the nature of an Assise, determina∣ble before the Iustices, or before the Iustices of Assize.

Rule 9. Magn. Cart. 12. Vide suprae, Rule 2.

Marlb. 16. 52. H. 3. If the Lord will not render unto the heir the land (when he comes to age) without plea, the heir shall recover his land by an Assize of Mort∣dancestor, together with all his damages.

West. 2. 4. 13, E. 1. If a woman haveing no right, reco∣ver

Dower against a Guardian, the heir at full age shall have a Mortdancester aginst her.

Glocester 3. The heir shall have an Assize of Mort∣dancester, if the tenant by eouttesie alien, and leas•• no Assets.

Glocester 6. All the heirs, whereof one is Son o•• Daughter, Brother, or Sister, Nephew or Niece, and the other in a further degree, shall joyne in a Mortdancester.

Rule 10. Mag. Cart. 13. An Assize of Darrein pre∣sentment shall be alwayes taken before the Iustice of the Common place.

Rule 1••. Westm. 2 24 13. E. 1. A writ of Juris utr•••• shall be granted, to try whether free almes belong to one Church or another, in case where they are trans∣ferred from one Church to another.

Rule 13. Stat. 31. H. 8 1. Iointenants and tenants in Common of an estate of Inheritance in their owne right or in the right of their wives in any Mannors, Land, &c. may be compelled to make partition by writ de partitione facienda, as Coparceners are compellable to do, and afterwards shall have aid to deraigne the Warranty paramount, and to recover pro rata, as Co∣parceners (after partition) should.

Stat 32. H 8. 32. Iointenants and tenants in com∣mon, that hold for life or years amongst themselves, 〈◊〉〈◊〉 with others, that have Inheritance or freehold in any Mannors, lands, &c, shall also be compelled to make partition by the said writ to be pursued upon their case Howbeit, such partition shall not be prejudicial to any but the parties, to such partition their executors and assignes.

CHAP. 31.

Rule 3. STat. 9. E. 3. Stat. 1. 3. In a writ of debt brought against divers executors, they shall have but one Essoine before appearance, and another after appearance, he or they that do first appeare in the Court at the grand distresse, shall answer to the Plaintiffe, and the plaintif (if it passe for him) shall have judgment and execution of the goods of the Te∣stator against all named in the writ, as well as if they had all pleaded.

Rule 7. Mag. Cart. 8. 9. H. 3. The pledges shall be free so long as the principal debtor is sufficient; And they answering the debt, shall have the lands and rents of the principall, untill they be satisfied▪ but note, that this is meant of the Kings debtor.

Stat. 1 R. 2. 12. No Warden of the Fleet shall suffer any prisoner in execution to go out of prison by Main∣prize, Bail, or Baston, without making gree with the party, unlesse by writ, or other commandement of the King, upon pain to lose his Office, and the Creditor to have a writ of debt against him.

Stat. 23 H. 6. 10. Every Obligation taken by a She∣riff or his Ministers by colour of their office of any pe••son in their Ward by course of Law, shall be by the name of their office, and upon condition, that the prisoner appeared at the day and place mentioned in his Writ, Bill, or Warrant, an Obligation in any other forme taken is void.

Stat. 32. H. 8 37. The Executors and Administrators of him, that hath any rent or fee-farm in fee-simple, fee-tail, or for life, shall have an Action of debt for the arrerages in the Testators life time, against the te∣nants, that should then have paid it, or may distreine

and make avowrie upon their matter) in the lands, so long as they remaine in the possession of the said te∣nant,, or of any claiming onely from him.

A husband seised of any such estate in any rent or fee-farm in his wives right, shall (after her death) himself (& also his executors, or administrators) have the same remedy for arrerages due in her life: So likewise of him, (his executors, or administrators) that hath a rent or fee-farme during anothers life, and Cesty qui vi•• dye, the same being unpaid.

Rule 9. Stat. 13. El. 4. The lands, profits, and here∣ditaments of every Accomptant, or him that receiveth money for the Queen, or her successors to be imploy∣ed to the use of the Queen, &c. shall be extended (in the nature of a Statute staple) for the payment of the arrerages: Or the Queen, &c. if he do not satisfy within six moneths after the arrerages found, may sell his land, and the party may have the surplussage to be delivered to him by him that received the money upon the sale, without further warrant: This sale to be of any land, whereof it is found by Inquisition, that the Accomptant taketh the profits; with Inquisition, if it be true, after traverse of the office, and that found for him, he shall have his land againe without any petition, livery, or Ouster le main: Here, if any such buy land with the Queens treasure, and pay not the arrerages, as before; the Queen shall seize and retain the land, according to the rate that the party had it.

This Act extendeth not to such officers as have used to disburse money immediatly after their accounts past, as the treasurers of War, Garisons, Navies, &c. unlesse the Queen, &c. command present pay: Neither doth it extend to Accomptants, whose whole Receit exceedeth not 300 l. not to Sheriffes, Escheators, or Bailiffes of Liberties.

The Queen, &c, being satisfied by sale of land, the sureties shall be discharged for so much, and if any re∣main yet unpaid, the sureties shall pay the residue ra∣tably according to their abilites.

Stat. 2 7. El. 3. the Queen &c. may make sale of the ac∣comptants lands, &c. as wel after his death as in his life time, and as well where the accompt was made, and the debt known within eight years after his death, as in his life time. Provided, that after the Accomptants death and before the lands▪ be sold; a fcire facias shall be a∣warded to garnish the heir, to shew cause why the lands &c. should not be sold, &c. whereupon, if the heir upon such Garnishment or two nihils returned do not prove unto the Court, that the executors or administrators of the accomptant have sufficient, then ten moneths after such two nihils or garnishment returned, the lands &c. shall be sold, and disposed according to the Stat. of 13. El. 4 Nevertheless, the heirs sale bona fide and upon good consideration before the scire facias awarded, shall be good to him, that is not consenting to defraud the Queen, &c.

This Act shall extend to all Officers of Receipts and Accompts to the Queen, and to none other? The heirs lands, &c. shall not be sold during his minority but at any time within eight years after his ful age they shall be liable as aforesaid: If the Accomptant or debt∣or had a Quietus est in his life time, that shall dis∣charge the heir of debt.

Stat. 7. Ja. 15 No debt shall be assigned to the King, &c. by any debtor or accomptant, other then such debts as did before grow due originally to the Kings debtor or Accomptant bona fide: All Grants and Assignments of debts to the King, &c. contrary to the true intent of this Act shall be void.

Rule 15. Marlbr. 23. 52. H. 3 Attachment given in

an Action of Accompt against Bayliffs, that withdraw themselves, and have no lands or tenements to be di∣strained by.

Westm. 2. 11. 13. E. 1. He to whom the accompt is to be made, may assign Auditors to take it who may im∣mediately commit to the next Gaole the Accomptant (being found in arrerages) till he fully satisfie: wher∣upon the Accomptant finding himself grieved, may bring the matter by a scire facias before the Barons of the Exchequer.

CHAP. 32.

Rule 22. WEstm 1-20 3. E. 1. Trespassers in parts and Ponds attainted at the suit of the party (besides making large amends according to the trespass and fine at the Kings pleasure) shall have three years imprisonment, and finde good surety not to commit the like trespasse; And if he cannot finde surety, he shall abjure the Realm. Being a fugitive and having no lands or tenements, whereby to be ju∣stified, he shall be proclaimed from county to coun∣ty; and (if he appear not) outlawed.

Stat. 5. R. 2. 7. None shall enter into lands or tene∣ments by force, in pain of Imprisonment and ransome at the the Kings pleasure.

Stat. 15 R. 2. 2. When forcible entry is made into lands or Church-livings, one or more Justices of peace, taking sufficient power, and going to the place so kept by force may commit the offender to the next Gaole, there to remain convict by the Justices record, till he hath made fine and ransome to the King; and here∣in the Sheriff and all others shall be assistant, in paine of Imprisonment and great fines making.

Stat. 8. H. 6. 9. The Statute of 15 R. 2. 2. shall be duely

put in execution both against forcible entry and for∣cible detainer, though the entry was peaceable.

When complaint of any such entry or detainer shall be made to any such Justice or Justices of peace, he or they by precept shall command the Sheriffe to summon a sufficient Jury, and having by them made inquiry of the force committed, shall cause the tenements to be reseised, and that as well in the absence as presence of the party offending. And here, the alienation of te∣nements (so entred into or detained by force) for maintenance, shall be adjudged void: Howbeit, this Act shall endamage none, where peaceable possession hath been enjoyed three years.

Stat. 31. El. 11. There shall be no restitution upon an Indictment of forcible entry or detainer, where the defendant hath been three years next before in quiet possession, and his estate therein ended.

Stat. 21. Ja. 15. Vpon force or detainer, as afore∣said, a Justice or Justices of peace have power to give restitution of possession, as well unto tenants for years, by Elegit, Statute-Merchant, or staple, copi∣holders, or Guardians by Knight service, as unto such as claim freehold or Inheritance.

Merton. 6 20. H. 3. A Lay-man ravishing or marry∣ing a Ward within 14 years of age, shall be impriso∣ned, besides losse of the value of the marriage.

Westm 2. 35. 13. E. 1. A strict Law against one that taketh away a Ward.

CHAP. 33.

Rule 2. MAgna Cart. 34. 9. H. 3. A woman shall have no appeal, but only of the death of her husband.

Glocester 9. 6. E. 1. An appeal of the death of a man

must be brought within the year.

Stat. 3. H. 7. 1. One acquitted upon an indictment of Murder or man-slaughter, or as accessory, shall not go at large without good bayl, untill the year and day be past, within which time an appeall may be brought (if no Clergy be had before) and all advantages therein saved, as if the acquittall had not been.

CHAP. 34.

Rule 17. & 18. WEst. 2. 7. A guardian may have writ of admeasurement of dow∣er, howbeit the heir (at full age) shal not be barred by that suit, if the guardian did follow it faintly.

In Writs of admeasurement both of Dower and Pa∣sture after the great distresse, proclamation shall be made two County dayes, whereupon if the party come the plea shall proceed, if not, admeasurement shall be made in his default.

Westm. 2. 8. 13. E, 1. when the same party (after ad∣measurement, another time surchargeth the Common, a writ to enquire of that second surcharge shall go 〈◊〉〈◊〉 either judiciall, if the former admeasurement were be∣fore the Justices, or otherwise, Originall, out of the Chancery, and the beasts surcharging the Common, (or their value) shall be answered to the King.

Rule 24 &c. Marlbr. 21. 52. H. 3. The Sheriff may re∣plevin beasts not only without but within a liberty also if the bayliff of the liberty will not do it.

Westm 2. 2. 13. E. 1. The sheriff or bayliff shall take pledges of the plaintiff before they make deliverance of the beasts, not only de prosequendo, but for return in them, if a return be adjudged, he that taketh pledge, otherwise shall answer the price of the beasts.

Upon a return awarded to the defendant, the writ de returno habendo shall have this clause (that the Sheriffe shall not deliver them without writ, wherein mention shall be made of the Judgment▪) and thereupon he may (if he will) hare a judicial writ to the Sheriffe to deliver him the beasts: but if afterwards the Plaintiffe desire to replevie his Beasts again, he shall have a Judi∣ciall writ (viz a writ of second deliverance) that the Sheriffe taking surety for the suit, & also for the beasts to be returned or their price (if return be awarded) shall deliver the beasts before returned, and the distrainor shall be attached to come before the justices at a certain day, and if he that replevied make default, or for some other cause, return of the dissresse is awarded) being now twice replevied (the distresse shal afterwards remain ir∣repleviable.

Stat. 1. 2. P.M. 12. Every Sheriffe of a Shire (being no City) shall at his first County-day, or within two moneths after receit of his, patent proclaim in the shir-town four deputies (at least) dwelling not past 12 miles one from another, which in his name shall make Reple∣vins, as the Sheriffe might do himselfe.

Rule 30 Stat. 2. E. 3. 3. Commissions of Oyer and Terminer shall be only granted to the Justices of the one Bench or other, or to Justices errants.

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.

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.

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 Ca••ite; 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,

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.

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.

CHAP. 37.

Rule 10. Stat. 31. El. 3. Upon a summons in a reall action (fourteen dayes before the return) a Proclama∣tion of the Summons shal be made) upon a Sunday af∣ter divine Service) at the doore of the parish-Church where the Land lieth, and shall also be returned with the names of the Summoners: And till that done, no Grand Cape shall go out, but a Alias and Pluries, as the case requireth

Rule 15. Stat. 1. H. 55. In every original writ of actions personal, appeals, & indictments, in which the Exigent shall be awarded, to the names of the defend∣ants additions shall be made of their estate and degree or misterie, and the Towns, Hamlets, Place, and Coun∣ties, in which they were or be conversant; otherwise all Outlawries thereupon pronounced shall be nul. And be¦fore these Outlawries be pronounced the said writs and indictments shal be abated by the exception of omitting the said additions.

Stat. 6. H. 6. 1. All Exigents and Outlawries upon in∣dictments in the Kings Bench of Felony and Treason, shall be void, if before the Exigent awarded a Capias be not directed to the Sheriff of the County, whereof they be named in the Indictment, having six weeks space (or larger, at the discretion of the justices) before the return.

Stat. 8. H. 6. 10. In every indictment, or appeal of Treason, Felonie, or Trespasse, after the first Capias re∣turned forthwith (before the Exigent) another Capias shall be awarded to the shheriffe of the County, where

by the indictment the party is supposed to abide ret••••∣able before the same Justices, &c. containing the s•••• of three moneths (where the Counties be holden 〈◊〉〈◊〉 moneth to moneth) and of four moneths (where t•• be holden from six weeks to six weeks) by which Cap•••• the Sheriffe shall be commanded to take his body, if be found in his Baliwick: If he be not found, the•• make proclamation (for his appearance) in two Co••••∣ties before the return of the writ Any Exigent or O••••∣lawrie otherwise pronounced shal be holden for no••

Stat. 10. H. 6. 6 The like is to be observed, when 〈◊〉〈◊〉 indictment or appeal (taken before Justice of Pe•••• or other having power) shall be removed before 〈◊〉〈◊〉 King in his Bench, or elswhere by Certiorari, or oth••••∣wise.

Stat. 6 H. 8. 4. Upon every Exigent, a writ to m•••• three Proclamations (returnable the day of the retu•••• of the Exignt, and the Proclamations to be made, 〈◊〉〈◊〉 two in the full County Court, & the third at the gen••∣ral Sessions) shall goe out to the Sheriffe of every oth•••• County (viz. then that, where the action is brough•• where the defendant is said to be, or lately to have bee•• if the Kings writ run there; otherwise to the Cou•••• next adjoyning to that, where he is said to be: Eve•••• outlawry to the contrary shall be avoided by plea.

Stat. 37. E 3. 2. A writ Identitate nominis, give•••• those, whose lands, goods or chattels be seized by 〈◊〉〈◊〉 ofheer surmising them to be outlawed (where they b•• not) because they bear such names as they who b•• outlawed for want of good declaration of the Si••∣name.

Stat. 9. H. 6. 4. A writ of Identit ate nominis shall be (〈◊〉〈◊〉 this case) maintainable by executors, as well as by the testato•• himselfe, if he were living.

Rule 18. Stat. 5. E. 3. 12. where the Plaintiffe h••••

recovered damages, and he against whom damages are recovered is outlawed at the Kings suit, no Charter of pardon shall be granted, except the plaintiffe be satis∣fied for his damages. When one is outlawed by p••o∣cesse before his appearance, no such Charter shall be granted, except he yield himselfe before the Justices, from whom the Exigent issued, who shall cause the par∣ty to be warned to appear before them at a day: where∣upon if the plaintiffe appear, they shall plead upon the first originall, as if no Outlawry had been. If the plain∣tiffe appear not, and the warning be duely witnessed he that is outlawed shall be delivered by vertue of his Charter.

Stat. 31. El. 3 Upon every Exigent in a personal acti∣on, a writ of proclamation shall go out of the same Court to the Sheriffe of the County, where the defend∣ant at the time of the Exigent shall be dwelling, where∣upon three Proclamations shall be made, viz one in open County-Court, another at the Quarter-Sessions, and the third one month (at least) before the Quinto exact at the door of the parish Church where the de∣fendant shall be dwelling at the time of the Exigent, upon a Sunday, immediately after Divine Service. All Outlawries otherwise executed shall be void.

But before reversing of any such outlawrie in this re∣spect, the defendant shall put in bail, not onely to an∣swer the Plaintiffe in a new action, but to satisfie the condemnation, if the Plaintiffe begin his suit within two Termes.

Rule 20. Stat. 25. E 3. Stat 5. 14, The second Capias in case of Felony must be returned three weeks after

Rule 24. Westm. 2. 39 13 E. 1. The Plaintife may averre that the Sherife might have returned greater issues, and thereupon shall have a Judicial writ to the Justice of Assize to inquire of what and how great issue

he might have answered from the day of the purchase of the writ to the day of the return, and the Sheriffe shall be charged with the surplussage not returned.

Stat. 1. E. 3. Stat. 1. 5. The like averment of too small issues returned, given against Bailiffes of Franchises, as well as against the Sheriffe.

Rule 30. Westm. 1. 17. 13. E. 1. the Sheriffe or Bailif•••• may take the power of the County or Baliwick, and beat down a Castel or Fortresse, where such beasts are inclosed, if he that took them will not make deliver∣ance.

Rule 33. Westm. 2. 11. 13. E. 1. Processe of Outlawrie given in an action of accompt.

Stat. 25. E. 3. Stat 5. 17. Such processe shall be made in a writ of debt and detinue of Chattells, and taking of beasts by Capias & Exigent, as is now used in a writ of accompt.

Stat. 7. H. 5. 1. In writ, against forgers of false char∣ters and muniments like processe shall be made by Capias & Exigent, as in writs of trespasse.

Stat.. 19. H. 7. 9. Like processe given in actions upon the case sued in the Kings Bench and Common place as in actions of trespasse and debt.

Stat. 23. H. 8. 14. Like processe shall be had in every action, brought upon the statute of 5 R. 2. 7. (con∣cerning forcible entry) as in trespasse, and like pro∣cesse in every writ of annuity and covenant as in debt

CHAP. 38

Rule STat. 25. H. 8 20, for the election nomina∣tion, presentation, investing, and con∣secrating of Arch Bishops and Bishops.

Rule 32. Stat. 5. R. 2. 2. Prohibits going beyond s•••• without licence, but it is repealed by 4. Ja. 1.

Rule 35. Stat. Carlile 15. E. 2. The Dedimus potesta∣tem shall be directed to two of the Justices, or to one Justice and a Knight.

CHAP. 39.

Rule 5. GLocester 5. 6. E. 1. An Action of waste is maintainable aginst tenant by the cour∣tesie, in dower, for life or years; and the party attainted thereof shall lose the thing wasted, and recompence the party grieved thrice so much as such waste shall be taxed at.

Westm. 2. 14. 13. E. 1. the processes in a writ of waste shall be summons, attachment, and distresse; and if he come not, then a writ unto the Sheriffe (taking with him 12 men) to go to the place wasted, aed there en∣quire of the waste, and upon that waste returned judg∣ement shall be.

Stat. 11. H. 6. 5. Where the tenants grant over his e∣state, but notwithstanding takes the profits, and com∣mits waste, an action lies against him.

Magn Cart. 4. 9. H. 3. The Guardian may not commit waste, in pain to lose the Wardship: And (Cap. 5.) must repaire and sustain the houses of the profit of the land.

Glocester. 5 6. E. 1. If the Guardian commit waste, and the Wardship lost answers not the damages before the heires age, he shall render damages to the heir other∣wise.

Artic. super Cart. 18. 28. E. 1. An Escheator commit∣ting Waste upon Wards lands, shall answer damages,

Stat. 36. E. 1. Stat. 1. 13. The heir shall have an action of waste against the Escheator committing waste, as well within age, as when he is at full age: See also 14. E. 3. 13.

Westm. 2. 22. 13. E. 1. A writ of waste is given for one

Jointenant or tenant in common against another, wherein the defendant is to be at his choise, to take his part in certain (and then to have for his part the place wasted) or to agree from thenceforth to take nothing more, then his Companions do.

Glocester 13 6 E. 1. Hanging a plea by writ, the te∣nant may not commit waste, nor estrepment of the land in demand, and if he do, the demandant may have a∣writ to cause the land to be kept, that no wast nor estrep¦ment be done.

CHAP. 40

Rule 2. 36, E 3. 15. Declarations shall be good e∣nough, if they have matter of substance, though the termes be not apt.

Rule 10 Westm. 1. 46. If a writ of novel disseisin be purchased, and the disseisor die before the Assize be pase¦sed, the plaintiffe shall have a writ of entry sur disseisi•• against his heir: The like shall the heir of the disseisin have, in case he die, &c. The nonage of the heir of the disseisor or disseisee shall not prejudice in an Assize; If the Inquest pass against the heir of the disseisee, he shall have an Attaint gratis.

Glocester 2. 6 E. 1. Where an Infant is held from his Inheritance, whereby he is driven to his writ, the In∣quest shall passe, notwithstanding his non-age.

Exposition of the Stat of Glocester 26. E. 1. Touching an Enquest to be made for an Infant, that Statute shal run without limitation of time.

Westm. 2. 40 13. E. 1. The suit of a woman or her heir (in a Cui in vita, or a sur Cui in vita) after the death of her husband shall not be delayed by minority of the heir, who ought to warrant the land.

Rule 31. Westm. 2. 42. Certain cases, wherein vie•• shall not be granted

Stat. de visu terrae, & Essoyne de servitio Domini Re∣gis 12. E. View shall be granted in a writ of Ward, in a writ of Customes and services, in a writ of Advowson of a Church (where there be more Churches then one in a Town, and all of one Saint) in a writ of Dower, and in a nuper obiit.

Rule 32. West. 2, 3. The reversioner may be recei∣ved in default of tenant for life, dower, curtesie, &c. If Judgment be given by reddition, or default, the re∣versioner shall have a writ of entry after the death of the Ter••or; so shall the heir also, where the tenant was tenant in tail.

Stat de defensione Juris 20. E. The reversioner de∣siring to be received before judgment, shal finde surety (as the Court shall allow) to answer the value of the issues of the tenant from the day of the receit, till judge∣ment, if it passe for the demandant.

Sta. 13. R. 2. 17. The like receit shal be for the rever∣sione upon the faint pleading of such a tenant, and he shall plead in chief without delay: and the Judges (by discretion) shall give dayes of grace between the de∣mandant and him, that is received, without giving the Common day in plea of land, unlesse it be by the de∣mandants assent. Surety for the value shall be found (as before in 20. El.) as well where the receit is coun∣ter pleaded, as where it is granted.

Glocester 11. Tenant for years shall be received be∣fore judgment rendred, to say that the Action was by Covin.

Westm 2. 3 Receipt is given to the Wife in her Hus∣bands life time, if he lose her land by default, and the tenant, that recovered against the husband, must main∣tain his own right.

Rule 33. Westm. 1. 39. What Counter-pleaders are good in Mortdancestor, nuper obiit, Intrusion, and such

like actions, and also in writs of Entry in the degrees, &c. See also Stat. de vocat. ad warrant. 20. E. 1. 1. 4. E. 1. 18. & Westm. 2. 6.

Rule 48. After Sanctuaries were taken away for sundry offences by divers Statutes at last by the Statute of 21 Jac. 28 They were totally annulled.

Rule 5 3. Glocester. 3. The heir shall not be barred of his Mothers Inheritance by the Warranty of the father, being tenant by courtesie, or alienation without fine in the Mothers life time, excepe he leave Assets.

Rule 68. Westm. 1. 12. Notorious Felons, which will not put themselves upon an Inquest at the Kings suite against them, shal be put to a pain fort & dure as those, that refuse to be tried by the law of the Land.

Rule 70. The Statutes, that concern Abjuration are Stat. de Artic. Cler. 10. and 15. 21. H. 8 2. &. 21. 2. 8 12. & 24. but Sanctuaries being taken away, that is now also out of use.

CHAP. 41.

Rule 18. WEstm. 2. 38. In an Assize there shal be but 14 summoned: And men of the age of 70 years continually languishing, or sick at the time of the summons shall not be put upon Juries.

Artic. super Cart. 9 & 34. E. 3. 4 Juries shall be made of the next people of the Countie.

Stat. 11. H. 6. 1. None dwelling in Stews shall be of a Jury.

Stat. 9. E. 3. 5. A Deed pleaded in a Franchise shall be tryed in the County, where the action is brought.

Stat. 2. 3. E. 6. 24. Upon a stroke or poyson in one Countie, the party dying in another, an indictment and triall may be in the County where he dieth, and also an appeal sued there, and tryed by 12 men of the same

County: Likewise the accessories in one County to a murder or felonie in another County, shal be indicted, arreigned, &c. in the County, where the offence of ac∣cessorie is committed.

Stat. 33. H. 8. 20. The indictment and triall of Lu∣naticks, confessing treason, &c.

Stat. 33. H. 8. 23. The triall of Treason, &c. con∣fessed before the Lords of the Counsel, shal be by com∣mission out of the Chancery.

Stat. 27 H. 8. 4. and 28. H. 8. 13. Treason, Felonie, &c. commited within the Admirals jurisdiction, shall be heard and determined by commission directed to the Admirall, and three or four others, &c.

Stat. 32. H. 8. 4. Treasons and misprisions of Treason in wales, shall be tried there by such Commissioners, as the King shall appoint.

Stat. 35. H. 8. 2. Treason, &c. committed out of Eng∣land, shall be tried in the Kings Bench, or by Commiss¦sioners, &c.

Stat. 1. &. 2. P. &. M. 10. Trials for Treason shall be according to the course of the Common Law.

Stat 23. E. 33. No Indictors shall be put on Inquests upon the deliverance of Indictees of Felonies or Tres∣pass.

westm. 2. 38 None shall be put in Assize or juries tri∣able in their own County, but such as have 20s. per annum free-hold, nor in Assize, &c. triable out of their County, unless they have 40s. per annum, &c.

Stat. de ponend. in Assis. 21. E. 1. None shll he put in Assize out of their County, unless they have 5l. per annum, now within their County, unless they have 40s. per annum.

Stat. 2. H. 5 3 Upon triall for the death of a man, and betwixt party and party (when the debt or damages a∣mount to 40 Marks) he shall have 40s. per annum.

Stat. 33. H. 8.13. In Corporations 40l. in good suffi∣ceth.

Stat. 2. E. 6 32. The 40s. yearly value must be inferr∣ed in the Venire facias.

Stat 27. El. 6. Such a Jurour shall have 3l. yearly value; Howbeit these two lost Statutes extend not to Corporations.

Stat. 27. El. 7. The Jurour shall be returned by some addition, whereby he may be known.

Stat. 8. H 4 3. every Jurour returned within the Coun∣ty of Middlesex. shall be called the fourth day of the return.

Stat. 5. E. 3. 10. An Ambidexter shall never be of a Jury more.

Stat. 34. E. 3. 8. The party or any stranger may s•••• him for it.

Stat. 38 E. 3 12. And both the Jurours and the Em∣braceours, being thereof attaint. shall pay ten times so much, as they have taken.

Westm. 2. 30. when and how Assizes &c. shall be ta∣ken in the Country: See also Statutum de finibus leva∣tis 4. 21 E. 1. That Enquests thereof being taken shall be returned into the Bench and there judgment shal be given thereupon, &c

Stat. Eberac. 3. 12. E. 2. Enquests in Pleas of Land, that require too great examination, shal be taken i•• Country before a Justice of the place, whe e the plea depends, and a Knight there, or other, &c.

Stat. 42. E. 3. 11. Nisiprius shall not be granted before the name of the Jurours returned.

Stat. 14. E 3. 16. The directing of Nisi Prius to be tried in the Countrey.

Stat. 18 El. 12. Trial of Nisi Prius for Middlesex, i•• the term time, or 4 dayes after.

Rule 19. Stat. ••5. H 8 6. Made perpetual 2 E. 6. 3•• Six sufficient Hundreders shal be returned upon ever•• Jury.

Stat. 27. El. 6. If two sufficient Hundreders appear in any personal Action it sufficeth.

Rule 20. Stat. 7. R. 2. 10. An Assize of novel disseisin, of rent issuing of tenements in divers Counties shall be in the Confines of the said Counties.

Rule 22. Stat. 28. E. 3. 3. confirmed by 8. H. 6. 28. In every suit between an alien and a Denizen (though the King be a party) the one halfe of a Jury shall be A∣liens; if there be so many in that Visne? and if there be not so many, then so many as be there, not parties.

Rule 23. Mag Cart. 29 A Peer of the Realm upon an Indictment of Felony or Treason shall be tried by his Peers.

Stat. 20. H. 6. 9. Duchesses, Baronesses, Countesses, &c. sole or married, shall be tried (in such cases) as Peers of the Realm.

Rule 37. Stat. 22 H. 8. 14. No person arraigned for petty Treason, Murder, or Felony, shall be admitted to any peremptory Challenge above the number of twen∣ty.

Rule 38. Stat. 35. H. 8. 6. made perpetual 2. E. 6. 32, A Tales may be made up before the Justices of Assize, or Nisi prius, of able persons of the same County then present, at the prayer of the plaintiffe or demand∣ant.

Stat. 4. 5. P. M. 7. So likewise for the King upon re∣quest by any authorized thereunto, or assigned by the Court, or by the Informer, that followes as well for the King as for himselfe.

Stat. 14. El. 9. Such a Tales de circumstantibus shall be also granted at the prayer of the defendant or Advow∣ant

Rule 53. Stat. 21. H. 8. 3. The demand of a thing in∣tire may be abridged before Verdict, though thereby the writ become false.

Rule 60. Magn. Cart. 28. Wager of Law shall not be addmitted without credible witnesses.

Stat 5. H. 4 8. In actions of debt upon arrerages of accompt faining (to the Intent to put the defendants from their law) that the same was found before their Apprentices or Servants, Auditors assigned therein, it shall be in the Judges discretion upon examination of the Attorneis (or whom else they please) to receive the defendants to their law, or else to try the same by En∣quest.

CHAP. 42.

Rule 10, &c. WEstm. 2. 12. In an appeal of the death of a man no Essoin shall li•• for the Appeallor.

Westm. 1. 41. In Assize and Juries utrum, after the tenant hath appeared, he shall be no more essoyned so it is also for demandants in an Assize, by Westm. ••. 28.

westm. 1. 42. Perceners or Jointenants in a Praecipe a∣gainst them shall have but one Essoin: so likewise for a man and his wife by the Stat. of Glocester, 10.

Stat. 9. E. 3. Stat. 1. 3. In a writ of debt against exe∣cutors, they shall have but one Essoin before, and ano∣ther after appearance.

Westm. 2. 27. No Essoin is allowed after day given by prece partium.

Marlbr. 13. After a man hath put himselfe upon an In∣quest, he shall have but one Essoin.

wessm. 2. 17. After one hath put himselfe upon an In∣quest, an Essoin shall be allowed him at the next day but never after.

Marlbr. 19. None shall need to swear to warrant 〈◊〉〈◊〉 Essoin.

Westm. 1. 43. The Demandant may aver against an Essoyn of being beyond Sea.

Westm. 2. 17. He may aver that the tenant is not sick, nor in such plight, but that he come before the Ju∣stices, &c.

Stat. 5. E. 3. 7. Essoyn of the Kings service or protection, shall not be allowed in Writs of Attaint.

Stat. of Essoyns. 12. E. 3. 2. See many particular Cases where Essoyns lie not.

Rule 16. Stats de Anno Bissextili 21. H. 3. The day increasing in the Leap-year, and that going be∣fore, shall be accounted for one day.

Dies communes in Banco, 51. H. 3. Dayes given in Writs shall have 9 returns.

Dies communes in Banco, and 32. H 8. 21. Common dayes shall be given in reall actions 9 returns; In Writs of Dower 5 returns.

Malbr. 12. In Dower, unde nihil habet, 4 or 6 dayes shall be given in the year: In Assizes of Darrein pre∣sentment or Quare impedit, from 15 dayes to 15 dayes or from 3 weeks to 3 weeks, as the place shall be neer or far.

Stat. 5. E. 3. 6. & 7. In an Attaint 5 dayes at least.

Rule 17. Stat. 1. E. 6. 7. By death of the King, no Action, Suit, Bill, or plaint, shall be discontinued, or put without day, but shall proceed as if the King had lived.

Rule 39. Stat. 14. E. 3. 14. The manner of search in suit by petition.

Rule 43. 27. El. 7. A Iuror shall not be returned without a true addition, of the place where he dwels, and some other addition, wherby he may be known.

Stat. 35. H. 8. 6. What issues shall be returned upon Jurors.

Stat, 2, 3. E. 6 32. If the principall Jury appear not

fully at the nisi-prius, those that make default, shal for∣feit their issue, though the Jury be made up, de Cir∣cumstantibus.

CHAP: 43.

Rule 20. STat, de consultatione, 24. E. 1. A Consulta∣tion shal be awarded by the Chancellor or cheif Justice, upon sight of the Libel, at the Instance of the Plaintiffe.

Stat. 50. E. 3. 4. Upon a consultation the Ecclesia∣stical Judge may proceed, notwithstanding any other prohibition, so the matter of the Libel be not enlarg∣ed or changed.

Rule 23. Westm. 1. 15. Persons outlawed, and such as have abjured the Realm, Provers, and such as be taken with the manner, Ptison breakers, Theevers, openly defamed and known, Appellees by proven (during the life of such provers) house burners, Coun∣terfeiters of the Kings Seal and coin, Excommunicate persons, manifest offenders and Traitors are not bail∣able, &c. other Statutes that concern Bail are 3. H. 7. 3. 1. 2, P. M. 13. and 3, P. M. 10.

CHAP. 44.

Rule 3. West. 2. 5. When the parson of any Church is disturbed to demand his Tithes in the next Parish, by an Indicavit, the Patron shall have a Wtit to demand the Advowson. See Stat. pro Clero, 18. E. 3. 7. &. 47.

Rule 6. Stat. 25. E. 3.18. The Lord may seise the body of a Villain, notwithstanding that a writ de li∣bertate probanda, be hanging.

Rule 10 Stat. 5, E. 3. 7. No protection shall be al∣lowed in Writs of Attaint.

Rule 12. See Stat. 13. R. 26. The Statute of Pro∣tection, & 1. R. 2. 8.

Rule 14. A Creditor shall have an Action and Judgement against the Kings Debtor, notwithstan∣ding such a Protection, but not execution; unlesse he take upon him to pay the King, and then he shall have judgement and execution of both debts, as well of that due to the King, as to himselfe.

Rule 16. West. 2. 17. He may aver that he is not sick, &c. vide supra, Cap 42. Ru. 10.

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.

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.

FINIS.