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 Grays-inn Esq; The second Edition corrected and amended.  
London, Printed for H: Twyford in Vine Court Middle-Temple, and Roger Wingate, at the Golden Hind in Chancery Lane, 1655.   

The Preface.  
THe Summary of the Common Law (extracted, for the most part, out of Sir Henry Finch Knight, his learned Treatise of the Law) being intended only to present the Original frame of that Law, and not capable of comprehending the Rules or Maxims of the several titles of law, therein contained: it is conceived expedient here farther to present the same Author's continued method of the same law (conformable to that Table) which contains the Rules of law inserted under their proper titles respectively; so as the Student by often reading over, and fixing in his memory the order and matter of this Treatise, may thereby attain such a certain notion of the Common Law, as may make him apt and ready to apprehend any case may be put him, or any Law Book he shall read: Howbeit, although the Rules here propounded are regularly true and conformable to the ancient Common Law, yet they have been and still are subject to be altered by two other Laws, viz the Statute-law and the Law of Reason: As for the first, it hath been a law framed in all Ages by the Prudence of Parliaments for prevention of Inconveniencies found in the Common Law, according to the condition of the people, and state of affairs in the several times, when it was made, a brief Collection whereof (viz of so much as altars, or otherwise concerns the Common Law) is hereunto annexed. The other is as ancient as the Creation, and coming into the world with man cannot be abrogated this last many times controls the common Law, when in respect of some accidents or circumstances the Judges are constrained to make a construction according to one or more Rules of reason (if not) against (at least varying from) a positive Rule of of Law, as might be exemplified by many Instances, if it were now convenient to insist thereupon: but that being deferred to a fit opportunity, the Abstract following invites your serious and indulgent perusal.   

THE BODY OF THE COMMON LAW OF ENGLAND.  

CHAP. 1 The Definition of the Common Law, also of the Place where, and the Persons by whom it is used.  
I. THe Common Law of England is a Law used time out of mind throughout the Realm.  
II. The Realm of England is divided into Counties, (in all 39) & each County into several Towns, a Precinct which anciently contained ten families, called Tithings, and ten of those Tithings made a Precinct called an Hundred.  
III. In some Counties, Towns, and other places of the Realm, there be special Usages time out of mind, differing from the Common Law, which are called Customs.  
iv A County is a part of the Realm, entirely governed by one Sheriff.  
V Every one ought to be Inhabitant within some, tithing, and there find sureties for his good behaviour.  
VI Divers Towns have Hamlets in them, and some special places there be, out of any Town or Hamlet.  
VII. The persons within the Realm are to be considered, either as one entire body, or as particular persons.  
VIII. As one entire body it consisteth of the King, and his subjects.  
IX. The King is the Head of the Commonwealth, immediately under God.  
X. And therefore the King hath a shadow of the excellencies that are in God, in a similitudinary manner given him, as  
XI. Infiniteness.  
XII. Perfection.  
XIII. Majesty.  
XIV. Sovereignty.  
XV. power  
XVI. Perpetuity.  
XVII. Justice.  
XVIII. Truth.  
XIX. He hath also a prerogative in all things, that are not injurious to the subject.  
XX. In regard of the King, the Queen his wife is participant of divers prerogatives above other women.  
XXI. his subjects are the members of the Commonwealth, and are Barons and Commons,  
XXII. The Barons are called the Peers of the Realm.  
XXIII. All the rest are Commons.  
XIV. The particular persons, are natural persons, or Bodies Politic.  
XXV. The natural persons are every man.  
XXVI. A Body Politic is a body in fixion of Law, that endureth in perpetual succession; such is the King alone, and by himself considered, and a Parson (called) the Rector of a Church.  
XXVII, The Parson in regard of his continual attendance upon that sacred function, is freed from all personal charges, that may hinder him in his calling.  
XXVIII. So is every other Clerk within Orders.  
XXIX. To the Parson belongeth the Tenth of all manner of yearly increase.  
XXX. Every Parson must be presented to the Ordinary, who is to admit him.  
XXXI. And then the Arch Deacon is to put him in possession, by delivering the Ring of the Church-door, and ringing the Bels.  
XXXII. The Incumbent hath not the mere right in him of land in the right of his Church.  
XXXIII. Therefore every act which he doth with such land, may be avoided, when he ceaseth to be Incumbent, except such as are done by consent of Patron and Ordinary, which bind for ever.  
XXXIV If the Church be void six months, the Ordinary may Collate, or appoint a Clerk of his own; and if it be void six months after his time, than the Metropolitan and six months after his time, the King may present, if the Patron present not before them.  
XXXV. when one Church is not able to find the Cure, the Ordinary by consent of the Patrons may unite it to some other.  
XXXVI. Besides those Corporations, that were at the Common Law, there be divers other, which have grown of latter time, by special foundation election, whereof some are aggregate of many persons viz. of an ead and body: Others consist in one single person.  
XXXVII. These Corporations are Temporal or Spiritual.  
XXXVIII. The Temporal are made by the King, as Major and Commonalty; also Colleges, as Master and Fellows, etc.  
XXXIX. Divers Towns are so Incorporate before time of memory, and are called Boroughs.  
XL. The Spiritual ones were for the most part made by the Pope, but had their power to purchase from the King.  
XLI. These are also of two sorts, viz. Regular, or Secular.  
XLII. Regular, which have entered into Religion, professing to vow three things, viz▪ Obedience, voluntary Poverty, and perpetual Chastity.  
XLIII. And therefore these are dead persons in law, only their head hath power to purchase, or do such other things to the use of the house. And of this sort are Abbot and Covent, Prior and Covent, etc.  
XLIV. Secular, are such as have not entered into Religion, as Bishop and his Chapter, Master of an Hospital and his Brethren, Guardian of a Chapel and his Chaplains, etc. Also Arch-Deacons, and the like.  
XLV. Touching the Bishop and his Chapter (which make but one body) their possessions are divided, so as the Bishop hath part by himself, & the chapter the residue, which Chapter consisteth of a Dean as the chief, and Prebendaries or such like, who are most properly termed the Chapter; & of these also the possessions are for the most part divided, the Dean having some part solely in the right of his Deanery, and the particular Prebendaries some other part in the right of their respective prebend's: the residue the Dean and Chapter have together; and every of them is to such purpose incorporate by himself.  
XLVI. These spiritual Corporations are sometimes Presentative, sometimes Dative, perpetual or removable sometimes Elective, and have a Common Seal.  
XVIIL. To them also Parsonages may be Appropriate by the Patron, Ordinary, and King, and Vicars endowed to serve the Cure.   

CHAP. 2. Of Possessions.  
I. OF the Common Law there be two parts, the one concerneth Possessions, the other punishment of offences.  
II. A Possession is whatsoever may be enjoyed.  
III. The King shall have to his own use all the Possessions of a Fool natural, during his Ideocie.  
iv When one hath the Possession of any thing to another's use, this was accounted nothing, but as a matter in Conscience and Chancery.  
V Sundry men possessing the same thing by purchase, are joint-tenants, or Tenants in common.  
VI joint-tenants, which possess by the same Title.  
VII. And here, the Survivor shall have the whole in the same sort as he had his part, excepting only present interests of the thing itself granted by him that dieth.  
VIII. Tenants in Common are they, which possess by several titles:  
IX. To possessions this is general, that they may be granted.  
X. Every Grant, made by the King upon surmise or suit of the party, shall be taken most beneficially for the King, and against the party.  
XI. No grant of his is good, When it appeareth within the body of the Grant, that the King is deceived.  
XII. His grant shall not inure to any other intent then that, which is precisely expressed within the grant.  
XIII. A grant by an Infant under the age of 21. years, one out of his right mind, or compelled thereunto, either by dures of Imprisonment, or fear of some bodily hurt threatened, as loss of life and member, or though it be but of Imprisonment, may be avoided at any time, if they deliver it with their hand.  
XIV. But if they deliver it not with their hand, nothing at all passeth.  
XV. So it is also of a grant made by one, that hath no understanding.  
XVI. Yet grants of an Infant, in respect of having necessary things can not be avoided.  
XVII. Other grants of his, where himself hath likewise benefit, are only voidable.  
XVIII. To this place belongeth Exchange, which is a mutual grant of equal Interests, each in exchange of other.  
XIX. Prescription is as available, as any Grant.  
XX. A possession is restrictive or absolute.  
XXI A restrictive possession is upon a limitation, or condition▪  
XXII. Upon a limitation, which ceaseth upon the doing, or not doing of something.  
XXIII. Upon condition, which is only defeasible upon the doing, or not doing of something.  
XXIV. Absolute which is neither upon limitation or condition.   

CHAP. III. Right, titles, Deeds.  
I. POssessions are in possession, or in an action.  
II. In Possession, which one doth enjoy.  
III. In action which one ought to enjoy, either in respect of a right or a title.  
IU. Right, when a wrong was done before.  
V: Title. when no wrong was done.  
VI Of things in action no stranger shall take advantage.  
VII. Therefore things in action cannot be granted but to him that hath possession, and that by Release Confirmation.  
VIII. Release is a passing of the Grantors' interest.  
IX: Confirmation is a ratifying of the Grantees possession.  
X. The grant of every thing in action, and of such things in possession, as cannot pass by the livery of the hand, must of necessity be by Deed.  
XI. A Deed is a writing sealed and delivered, and belongeth always to him, whose possession is made by it.  
XII. But a Writing read in another form to one, that cannot read, is not his deed at all, though he seal and deliver it▪  
XIII. A Deed, is a Deed Poll, or Indenture.  
XIV. Poll, which is the only Deed of the Grantor.  
XV. Indenture, which is the natural deed of both:  
XVI. An Indenture barreth every of the parties from saying contrary to any thing therein contained.  
XVII. Sometimes also bare acts work an estopple in like sort.   

CHAP. IV: Heriditaments, Estates Terms.  
I: A Possession is an Hereditament or Chattel:  
III. Hereditament is a possession, which one may have an Estate in:  
III. one born of parents out of the King's allegiance is disabled to enjoy any Hereditaments:  
IU. Therefore such a one purchasing any it is the Kings.  
V An Estate is Particular, or an Inheritance.  
VI A Particular Estate is uncertain, or certain.  
VII. Uncertain, which is determinable at another's pleasure, as an estate at sufferance and at will.  
VIII. At sufferance, when after lawful occupation, he continueth possession without authority.  
IX. At will, when an estate is made during pleasure:  
X. And this is according to the custom, as a Copie-holder; or at pleasure otherwise, as a bare Tenant at will.  
XI. Certain, which is not so determinable, and it is called a Term, whereupon may depend a remainder of Reversion.  
XII. Remainder, is the residue of an estate, at the same time appointed over.  
XIII. Reversion, is the residue of an estate, not at the same time appointed over.  
XIV. Terms are forfeited, by plucking the Inheritance out of him that hath it.  
XV. Terms may be surrendered, that is, to him that hath the next and higher estate.  
XVI. A Term is for years, or for life.  
XVII. A Term for life is for his own life, or for another's life.  
XVIII. where the Tenant for another's life dies before Cesty que vie, he that can first hap it, shall enjoy out the Term and is called an Occupant.  
XIX. The present estate for life is termed a Freehold, and may be so in deed, or in Law.  
XX. In deed, when he is actually seized of it.  
XXI. in Law, before his entry, when it is cast upon him by course of Law:  
XXII. The release of an Inheritance or of an estate for life, is not good to one that is but Tenant for years without privity.  
XXIII. To these two estates a warranty doth belong which is an assurance warranting such an Estate:  
XXIV. Every Exchange hath a warranty knit by Law.   

CHAP. 5. Inheritance, Fee-simple, Dower, tenancy by the Courtesy.  
I. INheritance is an estate descendable to his heirs that hath actual possession.  
II. An heir is the next or worthiest of whole blood, being also of blood to the first purchaser.  
III. He that is begotten out of Marriage is called a Bastard, and is of blood to none, but in Law accounted Nullius Filius.  
iv A Bastard therefore cannot inherit.  
V But Marriage following after, giveth him the right of inheritance, if after the father's death he enter before his younger brother, born of the same father and mother within Espousals and continue the possession all his life without interruption.  
VI If the next be women in equal distance, as daughters, Sisters, Aunts, etc. they shall inherit alike, and are but as one heir.  
VII. Where the general Entry of one is of the rest, if they list.  
VIII. The inheritance that descendeth shall be charged with the deed of the Ancestor, binding himself and his heirs.  
IX. The Dying seized of the inheritance and Freehold together, whereby the land descends unto his heir taketh away the Entry of every one, that may have an Action.  
X. But claim upon the land within a year before the death, or if they dare not upon the land for fear of some bodily hurt, then as near the land as they dare, saveth their entry.  
XI: A Fee-simple is a Fee-simple conditional or absolute.  
XII. Conditional is a fee simple to one, and the heirs of his body.  
XIII. This estate before issue cannot be alienated, after issue had, becometh an absolute fee simple.  
XIV. But so, as if the issue fail before the alienation, the donor shall have it.  
XV. Hither belong hereditaments given in Frankmarriage with ones kinswoman.  
XVI. Absolute, is a fee-simple to one and his heirs whatsoever.  
XVII. This estate descending to Females, if one of them have lands of the same Ancestor by Frankmarriage, she shall have no more, unless she be content, that the value thereof be allowed to the other:  
XVIII. To this place are to be referred Lands given to a Corporation, which go in perpetual succession.  
XIX. Here, two special estates for life, Dower and tenancy by the courtesy of England, do arise after ones death that hath an Inheritance joined with the freehold▪  
XX. Howbeit, these estates must be of a fee-simple, or such an estate tail, as may go to the issue had between the Donees.  
XXI. Dower is an estate, whereby the woman hath the thirds in severalty.  
XXII. She must be nine years of age at the time of her husband's death, otherwise she shall not be endowed,  
XXIII. Detaining of deeds concerning Inheritance descended to the heir, is a bar of her Dower.  
XXIV. If the husband at the Church door (ad ostium ecclesiae) or being heir apparent by his fathers or mother's consent (ex ass●nsu patris or matris) presently upon affiance endow her of any certainty, as of the whole, moiety, or less part etc. this will bar her of her thirds if she agree to it.  
XXV. tenancy by the courtesy of England is an estate, whereby of an actual possession the husband that hath issue by her born alive, shall have the whole.   

CHAP. VI Tenement, Advowson.  
I: HEreditaments are tenements or bare hereditaments▪  
II. A Tenement is a possession holden, the Fee-simple whereof, when he that hath it dieth without heir, cometh to the Lord:  
III. Of this sort are Lands and Advowsons':  
iv Land is a Tenement in manual occupation:  
V Under the name of Land are comprehended, not only Gardens, Meadows, Pastures, Woods, Rivers, &c: but also Messages, Mills, Yards, Tofts, Castles & the like.  
VI Churches and Church-Yards belong to the Incumbent.  
VII. Prescription here hath no force:  
VIII. All Land is holden of the King immediately, or by means, himself not having any higher upon earth; of whom to hold.  
IX: Escheats of all Cities appertain to the King:  
X: All Mines of Gold and Silver, or wherein the gold or silver is of the greater value, are the Kings.  
XI. Amongst Coperceners, the eldest upon partition shall have the chief house:  
XII. Seisin delivered of land always passeth a freehold.  
XIII. Otherwise a Freehold of land cannot pass save by release and confirmation, where they are by way of enlarging an estate.  
XIV. They may also sometimes pass by Exchanges Endowments, or Surrenders.  
XV. An estate made within view of land is a good Livery of seisin, if the other enter in the Feoffors' life time.  
XVI. An Advowson is an interest of presenting to a Church.   

CHAP. 7. Distress, Signories, Fealty, Rent-service, Homage, Suit of Court, Tenors, Relief, and Rend charge.  
I. RAre Hereditaments are those, which are not holden, and concern the Land, or the person.  
II. Those that concern the Land are extinguished, or gone for ever, when he that hath them, hath high and continuing an estate, as he hath the hereditaments.  
III. Otherwise they are but suspended, or gone for a time.  
iv These are leviable by distress, or such as cannot be distrained for.  
V Distress is a taking of Chattels, found upon the same Land, for satisfaction of Arrearages.  
VI The King may distrain in any other land of the same man's for his Service or Rend charge.  
VII. The distress being put in some place, where the owner may lawfully come by them, as, if they be things that have life, to give them meat, etc. he that distraineth shall not be charged, what hurt soever they receive.  
VIII. Bare hereditaments, that may be distrained for, are a Signiory, or rend charge.  
IX. Signories are services, whereby Lands are holden:  
X. Services are common to all certain estates, or proper to inheritances.  
XI. Common, as Fealty, and Rend service, whereof Fealty is incident to every such estate.  
XII. And therefore the Seignory or Tenancy being altered, it must be done anew.  
XIII. All other (both common and proper) grow by Reservation.  
XIV. Fealty is an Oath to be faithful to the Lord for the Tenements.  
XV. Rend service, is a Rent to be paid to the Lord at certain set times:  
XVI. And to this place we may refer all services that lie in Fesance.  
XVII. Of which kind two amongst the rest are specially to be considered, viz. Frankalmoign, and Divine Service.  
XVIII. Frank-Almoigne, is when a man of the Church holdeth freely in Alms, for which he is bound to say Prayers.  
XIX. But because the Prayers are not limited in certain, he neither shall do Fealty, nor is subject to distress.  
XX. The lord must warrant such a Tenant against himself and his heirs, and save him harmless of all manner of all services against the Lords above.  
XXI. Divine service is a spiritual kind of service limited in certain.  
XXII. These are the services whereby every certain estate may be holden.  
XXIII. There follow those proper to Inheritances, the Grantee whereof shall hold of the Grantor by such services, as he holdeth over, if other services be not reserved.  
XXIV. Or the Grantor may appoint him ●o hold of the next Lord.  
XXV. A Mesn must acquit the Tenant of all manner of services against the Lords Paramont.  
XXVI. But Donors in Frankmarriage cannot hold but by Fealty, and that of the Donor, until the Fourth degree be past, who must also acquit them of all manner of services.  
XXVII. One that holdeth of the King as of his person alienating the Free hold without licence forfeiteth the Land.  
XXVIII. Services proper to Estates of Inheritance are Homage and Suit or Court.  
XXIX. Homage is an Oath of fidelity acknowledging himself to be the Lords man, In the doing whereof the Tenant must be ungirt, uncovered, kneel upon both knees, and hold both his hands together between the Lords hands, sitting before him.  
XXX This is to be done to the Lord himself, and but once during the Tenant's life.  
XXXI. The King's Chamberlain shall take homage for him.  
XXIJ When an Inheritance descendeth to Coperceners, the eldest only shall do Homage.  
XXXIIJ. But if they hold of the King, all of them must do it.  
XXXIV. When one and his Ancestors, whose heir he is, have held by homage of a Lord and his Ancestors whose heir the Lord is, time out of mind, and the Lord hath received homage, that bindeth him to warrant and acquit the Tenant.  
XXXV. Suit of Court is a service by coming to the Lords Court: And here Land in the Lords hands (whereof several men hold by Suit of Court) is termed a Manor, but the Land considered apart from the service is termed Demesnes.  
XXXIV. The particular kinds of services (whereby Lands of inheritance are distinguished) are Soccage and Knight-service.  
XXXVII. Both draw unto them certain commodities to the Lord, partly in the Tenant's life, and partly after his death.  
XXXVII. That in his life is reasonable Aid, or Portion towards the making of the Lords eldest Son a Knight; and towards the marrying of his eldest daughter.  
XXXIX. The other after his death, are wardship and relief.  
XL. Wardship is the custody of the body and land of the heir within age, which shall be till fourteen of a woman.  
XLI. Relief is a Portion to be paid by the heir to the Lord.  
XLII. Soccage is tenure to be done out of Ward.  
XLIII. Where the next of the kin, to whom the Inheritance cannot descend shall have the heirs wardship till fourteen to the heirs own use.  
XLIV. Here, for relief the Lord shall have presently so much as one years' rent amounts unto  
XLV. Tenure by Soccage in Chief giveth the King primer seisin, or the value of that Land by a year if the heir be of the age of fourteen year, at his ancestors death▪  
XLVI. Knight service is a service touching War to be done by the body of a man.  
XLVII. To all Knight service Homage is incident.  
XLVIII. Here the Wardship is the Lords to his own use, and that till, 2●. of an heir mal●.  
XLIX. The wife shall be barred of her Dower, so long as she detained the heir from him.  
L. Wardship of the body giveth the wards marriage to the Lord.  
LJ If one hold sundry Lands of divers Lords, the wardship of body goeth to the Lord of that Land, which the tenant held first; and this is termed, Tenure by priority.  
LIJ. The King shall have the Wardship of the body, though the tenure of him be by Posteriority.  
LIIJ. The eldest child, being heir apparent to his father, shall not be in ward for his body during his Father's life.  
LIV. Tenure by Knight service in chief, giveth to the King the Wardship of all other Lands also.  
LV. It giveth him likewise Primer seisin, or the value of them all by half a year, if the heir were in Ward by a whole year, if he were not; which Primer seisin must be paid and relief also.  
LVI. Relief, for Land holden by Knight-service amounteth to an C.s. for a whole Knight's fee, to a C. Marks, for a Barony, and to a C. Pounds, for an Earldom.  
LVII. If The heir be within age at the Tenant's death no relief shall be paid to the Lords that are to have the Wardship.  
LVIII Grand Serjancie, viz. Tenure of the King's person, to do to him a more special service whatsoever by the person of a man, is a special Knight service in chief, where th● King in stead of relief shall have the value of the Land by a year▪  
LIX: Rend charge is a Rent with Liberty to distrain.   

CHAP. 8. Rend seck Common.  
I. Bore Hereditaments concerning land (for which no distress can be taken) are a Rent Seck, and Common.  
TWO: A Rend Sack is a Rent without liberty to distrain.  
III. When a rent is granted for equaliy of Partition, amongst Coperceners, this rent may be distrained for though no such liberty be granted.  
iv The grant of a Signiory, Rend charge, and Rend Sack, as also of a Remainder or Reversion of any of these, or of the land itself, is nothing worth without Attornment, viz. agreement of the tenant, that presently must be charged.  
V In the grant of a reversion depending upon a Freehold, the Attornment of the Freeholder is sufficient though he be not the Tenant, that presently must be charged.  
VI Common is a profit to be taken in another's Land.   

CHAP. 9 Villeinage, Annuity, Corodie Office.  
I. Bore hereditaments that concern the person are merely of the person himself, or by reason of the person.  
II. of the first sort are Villeins.  
III. A Villain is such a servant, as himself, and whatsoever he possesseth is the Lords if he claim it.  
iv The Lord cannot seize his villain in the the King's presence.  
V The children of a Villain are also Villeins.  
VI Villeinage beginneth by confessing a man's self to be one in a Court of Record.  
VII. A Villain is manumitted or set free, when the Lord enableth him to possess any thing against himself.  
VIII. Those by reason of the person are Annuities and Corodies, or Offices.  
IX. Annuity is a yearly rent to be had of the person of the Grantor.  
X. Corodie is a Portion for ones sustenance.  
XI. Office is a duty of attendance upon a charge.   

CHAP. 10. Franchises.  
I. BEsides the Hereditaments already handled, there be certain other derived from the King's Prerogative, which are termed Franchises.  
II. A Franchise is a Royal privilege in the hand of a subject.  
III. It may be forfeited by misusing of it.  
iv The kinds of Franchises are divers, and almost infinite.  
V Of such sort are Warrens, Markets, Fairs, Toll of every buyer for things he buyeth there, not being for his own expenses, and whatsoever liberties or commodities else, that (created at first by the King's special grant, or of their own nature belonging to him) are given to common persons to have any manner of estate in.   

CHAP. 11. Chattels, Real, and Personal, Testament, Bailment, Contracts, Actions, Arbitrement.  
I. SUch then is the nature of an hereditament in his sundry sorts and kinds:  
II. Chattels are possessions, wherein there cannot be several estates.  
III. All one's Chattels, whether in possession, or that any is indebted to him in, may be given away or devised by his Testament.  
iv Testament is the appointment of some person to administer them for him after his death who therefore is called an Executor.  
V the Executors must prove the Will (to be a true one) in the spiritual Court, and be sworn to see it performed.  
VI If many Executors be made, and one refuse, yet he may administer at his pleasure.  
VII. But an Executor once administering, can never refuse after.  
VIII. Executors must answer all certain duties of the Testator.  
IX. But so as duties, that grow by specialties are to be answered before other duties, and legacies to be last of all delivered.  
X In these devices the Testators intent (standing with the rules of Law) shall be taken.  
XI The Executor of an Executor is Executor to the first Testator.  
XII If no Will be made, the Ordinary shall administer all the Chattels that were in his possession.  
XIII. But whether any Will be made or no, his wife and such children as are not advanced by him in his life shall have a part to their own use, viz. one third of all (after the debts paid) to his wife; and another third part to his children: This seems to be the ancient Common Law by Mag. Charta, cap. 18. See F. N Br. 122. l.  
XIV. Chattels are real, or personal.  
XV. Real, as terms for years, and Wardship.  
XVI▪ Personal, as Plate, Jewels, Gold, Silver, Implements of Household, , and all goods and movables whatsoever, corn sown upon the ground, etc.  
XVII. The owner-ship of a Chattel personal is termed a property, which of wild beasts cannot be in any, nor after they are made tame, longer than they remain in ones possession.  
XVIII. Treasure in the earth, and Treasure Trove, or Coin being found, is the Kings.  
XIX.  also, that stray into another's land, are the Kings after a year and a day, if being proclaimed at the Market in two several Towns next adjoining, the owner do not claim them.  
XX. Goods wrecked are also his.  
XXI. The King being Tenant in Common of an entire Chattel personal, shall have the whole.  
XXII. Goods, that belong to an Alien enemy, any body may seize to his own use.  
XXIII. The taking of goods by an Alien enemy in Battle, devesteth the property from the owner, if he come not before Sunset to claim them.  
XXIV. Churchwardens are enabled to have goods to the behoof of the parish.  
XXV. To Chattels personal, Bailment, and Contract do belong.  
XXVI. Bailment is a delivery of goods in possession, and is either to keep, or to employ.  
XXVII. To keep, when only the Custody is committed to him, and is a simple Bailment or pledge.  
XXVIII. A simple Bailment, when he receiveth them to keep for another; whether it be for the Bailer to redeliver him again, or for a stranger to bail them over to him.  
XXIX. A Pledge is when he received them in assurance for another thing had of him at the time.  
XXX. The Bailment of goods to employ is, when the Bailee hath the things themselves to use to another's profit.  
XXXI Contract is a mutual agreement for the very property of personal things.  
XXXII. Here, the duty growing upon it cannot be apportioned.  
XXXIII. Of this kind of contracts are buying and selling, borrowing and lending, and such like.  
XXXIV. The sale of another man's goods in Market overt altereth the property, if toll be paid for them.  
XXXV. Hither belong certain (as it were) Contracts in law, though not arising from the special agreement of the parties: as Trover and conversion, etc.  
XXXVI. These are the things that belong to Chattels personal in general, for the interest of personal things uncertain, Accord and Arbitrement lie.  
XXXVII. Accord is an agreement between the parties themselves upon a satisfaction executed.  
XXXVII. Arbitrement is an award of satisfaction by others, whom they choose to judge between them.  
XXXIX. The award of a personal Chattel altereth the property thereof.   

CHAP. 12. Trespass upon the Case.  
I. WE have hitherto spoken of possessions, (being the first and hardest part of the law;) The other remaineth, which ministereth justice in the punishment of offences.  
II. An offence is the doing of any wrong, and it is a wrong without force, or to the which force is coupled▪  
III. In those of the first kind, the offender is to be amerced, viz. to pay a petty sum of money to the King, and if he be a Peer of the Realm, then C. S.  
iv The King's wife shall never be amerced.  
V Offences without force are Trespasses upon the case, or Real wrongs.  
VI Trespass upon the case is such an offence whereby any thing is endamaged, and it is a misuser, or deceit and conspiracy  
VII. Misuser, when by mere wrong it is endamaged.  
VIII. Of this kind there be many, and those of divers sorts; as if a man maliciously utter any false slander to the endangering of one in law.  
IX. The touching of him with some heinous crime.  
X. The impairing his trade of life.  
VI If one having another man's goods, convert them to his own use.  
XII. If a Sheriff suffer one in execution for debt to go at large.  
XIII. If a Smith prick my horse, or kill him in cure.  
XIV. If being committed to the Gaol, the Gaoler of malice puts upon me so many Irons, or otherwise useth me so hardly, that I become lame thereby, &c  
XV. But two above the rest do here require more especial consideration. viz. Disturbance and Nuisance.  
XVI. Disturbance is the hindering of that, which in right belongeth to one to do.  
XVII. Nuisance is annoyance done to ones hereditament.  
XVIII. All manner of Nuisances are to be removed, and common nuisances any man may pull down.  
XIX. Deceit is when the damage groweth by an under slight; As if in play one win another's money by false dice or if he that selleth any thing, do upon the sale, warrant it to be thus and thus, whereby the other is deceived.  
XX. Conspiracy is, where two or more conspire to do one wrong, or the like.  
XXI. There are certain other offences against the Law, which are in the nature of trespasses upon the case, and by the King's prerogative punishable like to them.  
XXII. Of this sort are Nonsuit in an action, fault in the Original writ, or (by the Sheriff) in the return of a writ, making default when he should appear, and whatsoever other offences (not being with force and arms) which offer no direct injury to a common person.   

CHAP. 13. Discontinuance, Disseisin, Usurpation, Intrusion, Abatement.  
I. HItherto of Trespasses upon the case: A● real wrong is that which meddleth with the  otherwise than it ought.  
II. A real wrong is a discontinuance or an Ouster  
III. Discontinuance is when he that hath an estate Tail, or a Fee-simple in an others right, maketh a larger estate of the land than he may.  
iv Warranty of an estate of Inheritance, or for life descending upon him, that aught to have such an estate maketh a discontinuance.  
V Discontinuance taketh away the entry of those that come to have title after the death of the discontinuer.  
VI If he (whose entry is barred by a descent or discontinuance) have the  cast upon him by a new title, he shall be in of his ancient title, which is termed a Remitter.  
VII. Ouster is, when the Freeholder is put out.  
VIII. This Ouster is of a  in deed, or in land.  
IX. Of the first sort are Disseisin and Usurpation.  
X. Disseisin is the Ousting of him that hath freehold in deed, by putting or holding him out of the land.  
XI. This may be also of a rent or other profit out of land, by disturbing him in the means of coming to it: as  
XII. In every rend Encloser and Forestaller.  
XIII. Encloser is, when the tenant encloseth the land, so as he cannot come to distrain or demand it.  
XIV. Forestaller is, when the tenant besetteth the way with force and arms upon his coming.  
XV. Of this nature is the menacing of him, when for doubt of some bodily hurt he dare not come.  
XVI. In a rend service, and rend charge, Rescous and Replevin.  
XVII. Rescous, when either the party having distrained, the distress is rescued, or being upon the land to distrain, cannot be suffered to do it.  
XVIII. Replevin is, when an action of Replevin is brought upon a distress taken.  
XIX. In a rend charge, and rend seck, Denier.  
XX. Denier is, when the rent (being demanded upon the land (is not paid.  
XXV. Usurpation is, when the Church becometh full by the presentment of a wrong Pa●ron, and the Institution of the pattie presented by the Ordinary.  
XXII. But against the King Induction only doth it.  
XXIII. Of the second sort are Intrusion and Abatement, being of a freehold in Law.  
XXIV. Intrusion which is after the death of the tenant for life.  
XXV. Abatment, which is after the death of one that hath the Inheritance.   

CHAP. 14. Trespass, Menaces, Assault, false Imprisonment, Battery, Mayhem, Rape.  
I. SUch is the nature of an Offence without force.  
II. An Offence with force is a Trespass or an Offence against the Crown.  
III. Trespass is a criminal Offence punishable by a Fine to the King.  
iv For this the party must be imprisoned, until he do compound.  
V Trespasses touch Possessions, or the person.  
VI Possessions, when the wrong is done in them, namely, in Goods, or Lands.  
VII. Trespass in Goods is the wrongful taking of them with pretence of Title.  
VIII. And therefore such a Trespass altereth the property of the Goods.  
IX. Trespass in Land is, when the Trespass is done upon the actual possession thereof.  
X. Beasts and other Chattels may be distrained by him that hath damage by them.  
XI. Hither belongeth Ejectment, when a Termer for years of Land is ousted.  
XII. Here the King having possession none can put him out  
XIII. Trespasses to the person are with pretence of violence, or violence in deed.  
XIV. Pretence of violence, as Menaces and Assaults.  
XV. Menaces are threatening words of beating one, or such like; through fear whereof one's business is foreslowed.  
XVI. Assault is an unlawful setting upon one's person.  
XVII. Hither belong, lying in wait, besetting his Mansion-house, and not suffering his Servants to go in and out, etc.  
XVIII. Violence in deed is false-imprisonment, or bodily hurt.  
XIX. False-imprisonment is an unlawful restraint of liberty.  
XX. Bodily hurts are either outward violences only, or Rape.  
XXI. Outward violences only are Battery and Mayhem.  
XXII. Battery is the wrongful beating of one.  
XXIII. Mayhem is the wrongful spoiling of a member defensive in fight.  
XXIV. Rape is the carnal abusing of a woman against her will.   

CHAP. 15. Offences against the Peace.  
I. BEsides these Offences (being for the most part) twixt party and party, there are other Offences to the damage of the public in the nature of ●respasses, and are termed Contempts.  
II. These Offences are punished not only by fine, but sometimes by corporal pain, and sometimes by loss of member.  
III. As the Commonwealth is a body politic, which consists of the King, as the Head, and of his Subjects as the Members thereof; so are these Offences to be distributed.  
IV Public Offences against the King are, to disobey the King's Command, by his Writ, or Proclamation, to disobey any thing ordained by Statute, etc.  
V And therefore the Sheriff that serves not the first Writ, makes a contempt.  
VI Public Offences to the body of the Commonwealth, are first those which trench against the domestical safety thereof, as against the heart of the Commonwealth.  
VII. which safety consists, in this, that there be pa●domi, and therefore here, the offences are Rebellions, Insurrections Riots, Routs, unlawful assemblies, breach of the Peace: and good behaviour, false news, Barratrie, Eavesdropping, etc. Also all trespasses with force, which may be prosecuted by Indictment as well as by the suit of the party grieved.  
VIII. An unlawful assembly is, when above the number of two assemble together, with purpose to do some unlawful act.  
IX. Rout, when they set forwards to do it.  
X. Riot, when they do it in deed.  
XI. In the second place come the offences, that are against the strength of the Realm, and the defence thereof against foreign enemies, as against the hands and arms of the Commonwealth.  
XII. Of this sort are these; to send victual or armour beyond sea, in comfort and aid of the King's enemies, To go beyond sea, without the King's licence, whereby the King and the Realm may be enfeebled, etc.   

CHAP. 16. Against Justice.  
I. THe third sort are offences against the justice of the Realm, as against the thighs and legs thereof; as  
II. Judges which delay or pervert Justice.  
III. Officers Negligent or corrupt, who do not execute their offices as they ought to do.  
IV. Gaolers, who by fear of punishment cause their prisoners to become provers to accuse others, or teach the Lay-people in their custody to read for the salvation of their lives.  
V Enditors, who give warning to Enditees, whereby the Council of the King and the Justices is discovered.  
VI He that by negligence or voluntarily suffers one under arrest to go at large.  
VII· And here if the arrest be for felony, such voluntary escape is felony.  
VIII. Hither also all manner of extortion in Officers is to be referred.  
IX. A Juror, that appears, and is challenged, and afterwards, when he is found indifferent, and is called to be sworn makes default: He shall be fined to the value of his land by the year.  
X. All force against the Justice of the Realm.  
XI. The breaking of Prison: and here, if it be by the party himself, it is felony.  
XII. Rescous, when a stranger, or the party himself disturbs the arresting of a fellow or other.  
XIII. Affrays in disturbance of Justice. as  
XIV. Such as come forcibly into the King's Court in affray of the peace, so as the Jurors dare not give their Verdict.  
XV. Such as are evil people to beat the people of the Court, Jurors of Enquest, or any other.  
XVI. To go armed in the King's palace.  
XVII. He that strikes a man in Westminster-hall shall lose his right hand.  
XVIII. He that strikes a Juror in the presence of the Justice shall have the same punishment, and besides shall suffer perpetual imprisonment.  
XIX. Conventicles, which comprehend conspirators and confederators.  
XX. Such as receive people to their avowment, to maintain them right or wrong.  
XXI. Maintenance, when a man maintains a suit in law.  
XXII. Champarty, when he maintains it, to have part of the thing sued for.  
XXIII. Offences in savour of malefactors, as  
XXIV. Misprisions, viz. the concealment of Treason or felony, whereof the first is punishable by perpetual imprisonment.  
XXV. Theft-boot, when a man takes his goods from a thief with purpose to favour and maintain him; The punishment whereof is ransom and imprisonment.  
XXVI. Not assisting the Sheriff, Constable, or other officer.  
XXVIJ Contempt of Justice, as  
XXVIII. Such as fly for fear, when Treason, or Felony is done by any.  
XXIX. Such as in case of Treason or Felony tarry the Exigent.  
XXX. Such as suffer themselves to be outlawed.  
XXXI. The King may imprison the body of him that is outlawed, until he purchase his Charter of pardon.  
XXXII. Perjury and subornation of perjury.  
XXXIII. Forgery.  
XXXIII. All other falsehood in matter of justice.   

CHAP. 17. Against, the Wealth of the Nation.  
I. THe fourth kind of public offences are such as are committed against the flourishing estate of the Realm, as against the Colour and sanguine complexion thereof.  
TWO And this, in divers manners, as well in matter of Traffic, buying, selling, and the like, as otherwi c.  
III. In matter of Traffic buying and selling, etc. as  
IV. Practices, which tend to make the commodities of the Realm more dear, as,  
V To transport the commodities thereof without the King's licence, or paying his Customs.  
VI Forestallers, Regradors, and Engrossers, under which all Monopolies are comprehended  
VII. Conspiracies of Merchants, Tradesmen, and the like, who by Combination amongst themselves, put certain prices upon Commodities, which are to be sold.  
VIII. False Weights and Measures.  
IX. Out of the course of Traffic, as  
X. Things which tend to the destruction of the commodities of the Realm, as  
XI. Depopulation of Towns, and the like.  
XII. Burning of a dwelling house, or of a Barn near adjoining thereunto.  
XIII. Burning Corn in a Barn, or the like.   

CHAP. 18. Public Nuisances.  
I. IN the sixth and last place are such Offences to be ranked, as are committed against the false passages and ways of the Country, as against the feet and toes of the Commonwealth, as  
II. Bridges, Cawseys, Highways, Streets, etc. broken, or out of Repair.  
III. To this place common Nuisances, Purprestures, etc. may be referred.  
iv Such Nuisances any man may abate.  
V And as to Nuisances, there is a writ in the Register.  
VI Where a Lazer or Leper will go in public, the Writ de leproso amovendo lies to remove him out of the company of men to some solitary place.   

CHAP. 19 Felony, Fealty, Manslaughter, Murder, Burglary, Robbery.  
I. THus far of Trespass, it remaineth to speak of Offences against the Crown, which are criminal Offences punishable by death.  
II. Hire also all the Offenders both Hereditaments and Chattels, not only in possession, but such also as he hath but a Right to, are forfeited to the King, viz.  
III. Hereditaments▪ from the time of the offence, and chattels from the time of the attainder only.  
iv In these and all other forfeitures, the Town is chargeable with the goods.  
V The blood also here corrupted.  
VI The wife looseth her Dower.  
VII. Those that fly for fear of the offence forfeit their chattels to the King  
VIII. Accessories after the fact viz witting maintainers, and such as voluntarily suffer one arrested to escape are guilty of the same offence.  
IX Concealing the offence forfeiteth chattels, and hereditaments also during life.  
X. Offences against the Crown are felony or, High Treason.  
XI Felony is an offence of the Crown not immediately bend against the State.  
XII. Here, the forfeiture of the offender's inheritance is given to the Lord.  
XIII. The King is also utterly to waste the Inheritance.  
XIV. Felony is bare felony, or petty treason.  
XV. Bare felony is a felony of the lowest nature, and is punishable by hanging.  
XVI, This is single or mixed.  
XVII. Single, as stealth and man-slaugher.  
XVIII. Stealth is the wrongful taking of goods without pretence of title.  
XIX. Innkeepers must answer for goods of their guests stolen.  
XX. Goods confiscated which, the thief attainted for stealing another thing, disclaimeth to have any property in, and waifes, viz. which a thief waiveth, are the Kings, if he seize them before the party from whom they were stolen.  
XXI. But if the party from whom they are stolen seize them first, or doing his diligence to apprehend the thief, convict him afterwards, upon an appeal, he shall have his goods again.  
XXII. The stealing of goods which exceed not the value of 12 d. (termed petty larceny) doth only forfeit chattels.  
XXXIII .. Man-slaugher is the kill of any person born into the world.  
XXIV. But if one live a year after the act committed, which was the cause of his death. it is not felony in him that did the Act.  
XXV. The kill of one by chance in doing a lawful act, or in his own defence, flying as far as he may to save his life, forfeiteth only chattels.  
XXVI. But the kill of one that attempteth to rob him, (whether upon the high way, or when men come to his house, and compass it about to burn it, though they do not burn it, whereupon he issueth out and kileth one of them) is neither felony, nor causeth any forfeiture at all.  
XVII. Any unreasonable thing killing a man, it and everything moving with it, is forfeit to the King, and those are termed Deodands.  
XXVIII. Manslaughter is Chance-medley, or Murder.  
XXIX Chance-medley is manslaughter without former malice.  
XXX. Murder is man-slaugher upon former malice.  
XXXI. He that murdereth himself (we call him Felo de se) doth only forfeit his chattels.  
XXXII. Mixed felony is that kind of bare felony, which riseth from the former, and it is Robbery or burglary.  
XXXIII. Robbery is stealth from ones person by assault in the Highway.  
XXXIV. Burglary is the night breaking of an house with an intent to steal or kill, though none be killed, nor any thing stolen.   

CHAP. 20. Petty-Treason.  
I. THus much of bare Felony: Petty-treason is a Felony of an higher nature than bare Felony is, the punishment whereof is burning.  
II. This is against mortal Creatures, or against God.  
III. Against mortal Creatures as Petty-treason (properly so called) and Sodomy.  
iv Petty-treason (properly so called) is the kill of any to whom private obedience is due; as on's master, mistress, Husband, etc. for which (in stead of burning) a man sh●ll be drawn and hanged.  
V Sodomy is a carnal copulation against nature viz. of a man or woman in the same sex, or of either of them with beasts.  
VI Against God is that, which is immediately bend against his Majesty, as heresy and Sorcery.  
VII. Heresy is a presumptuous oppugning of an Article of faith.  
VIII. In case of heresy, the party, before he can be burnt, must be convict in a Provincial Synod, and after abjuration make a relapse into the same, or some other Heresy.  
IX. Sorcery is a consulting with Devils, and containeth under it Conjuring, Necromancy, and such like.   

CHAP. 21. High Treason.  
I. High Treason is an offence of the Crown directly bend against the State.  
II. Also to kill the Chancellor, Treasurer, a justice of either Bench, a justice in Eyre, of Assize, or Oyer and Terminer being in their places, and doing their Offices, is High Treason.  
III. Here, the punishment is, by drawing, hanging, and quartering for a man, and drawing, and hanging a woman.   

CHAP. 22. Courts of Record, Court Baron, County Court.  
I. Thus we have gone through both the parts of the Law; there remaineth yet one general, and common Affection scattered throughout the whole law (as the blood is through the body) which we call Action.  
II. Action is the handling of a cause in controversy before certain Judges, who (in respect of the place where they are set to do justice) are commonly called a Court.  
III. Of all apparent faults proceeding from the Action, the Court must take notice.  
iv Every Court hath power to award forth precepts, and if the precept be not served, another of the like nature shall go forth, until it be served.  
V To every Court do belong Clerks and Officers.  
VI A Clerk is he that serveth for things to be done in Court,  
VII. Any error that appeareth to the Court to be the Clerks mistaking, may be amended at any time.  
VIII. Officers are those, who are to serve the Courts precepts, and to certify the Court thereof.  
IX. Courts, are Courts of Record, or Court Barons.  
X. Of Record, which are the King's Courts.  
XI. These have such credit, that no averment can be taken against any thing there entered, or done.  
XII. Things also, that cannot be granted but by deed, pass here by matter of Record.  
XIII. The King taketh hereditaments by matter of Record only.  
XIV. Villennage beginneth only by confessing a man's self to be one in a Court of Record.  
XV. Duties of the Testator growing by Record must be answered by Executors before other duties. See Bankrupts 34.  
XVI. Courts of Record, are the Parliament, or Courts that have ordinary jurisdiction.  
XVII. The Parliament is a Court of the King, Nobility, and Commons assembled, having an absolute power in all causes.  
XVIII. Statutes of restraint bind not the King unless they concern the Common-whealth, or he be specially named.  
XIX. He may licence things forbidden by the Statutes▪  
XX. But where the Statute saith his licence shall be void, there it must have a clause of Non obstante viz. this clause, notwithstanding any statute, etc.  
XXI. Courts of Record, which have ordinary Jurisdiction, are either general whose jurisdiction extends throughout the Realm, or but within some County.  
XXII. The former are those that are holden i● Term time only, the whole year having four Terms viz. Michaelmas, and Hilary Term, Easter and Trinity term, and every term several days of Return.  
XXIII. Michaelmas term (beginning the 10 of October, and ending the 28 of November) hath eight Returns Octabis Michaelis, Quindena Michaelis, Tres Michaelis, Mense Michaelis, Crastino animarum, Crastino Martini, Octabis Martini, & Quindena Martini.  
XXIV- Hilary term (beginning the ●3 day of January, and ending the 12 of February) hath four Returns, Octabis Hilarii, Quindena Hilarii, Crastino Purificationis, & Octabis Purificationis.  
XXV. Easter term (beginning 17 days after Easter and ending the Monday next after A●cension day) hath five Returns, Quindena, Paschae, Tres Paschae, Mense Paschae, Quinque Paschae, & Crastino Ascentionis.  
XXVI- Trinity term (beginning 12 days after Whitsunday, and continuing 19 days) hath five Returns, Octabis Trin. Quind Trin. Crastino Johannis Baptistae. Octa. Johannis Baptistae, Quindena Iohannis Baptistae  
XVII. To these Courts belongeth the power of sending forth Writs.  
XXVIII. A writ is a Latin letter of the Kings in parchment, sealed with his seal.  
XXIX. All writs have a salutation, Rex, to such an one salutem, and a conclusion expressing the place, as apud Westmonasterium, etc. and the time (both day and year) of making it; if it be returnable, the day of the return is also appointed in it.  
XXX. The third writ (termed the Pluris) not served, is a contempt.  
XXXI. And therefore the third writ hath always this clause in it, vel causam nobis significes; so may the second (termed the Alias) also have if the Plaintiff will.  
XXXII. The Officer of these higher Courts is the Sheriff, to whom is committed the custody of the County.  
XXXIII. For matters spiritual the Ordinary is their Officer.  
XXXIV These general Courts are the Chancery and two Benches, the King's Bench and Common place.  
XXXV. Chancery, which dealeth in suits concerning the King.  
XXXVI. Here the judge is the Chancellor, having the Custody of the great Seal of England, under which pass all suits out of the Chancery with Teste meipso.  
XXXVII. The King's Grants are also entered of Record in this Court.  
XXXVIII. Such grants are effectual to pass a freehold, from the King without any Livery.  
XXXIX. and being Matters of Record, they take effect from the time of the Date.  
XL. In default of a Chancellor the Lord Keeper o● the great Seal hath his Authority.  
XLI. The Keeper (or Master) of the Rolls is an assistant to his Court.  
XLII. In the King's Bench and common place, th● Judges are one Chief Justice, and three (and sometimes more) other Justices.  
XLIII. The Teste of their writ is Teste Johan● Popham, the Chief Justice for the time being.  
XLIV. The King's Bench is that, which deals properly with pleas of the Crown.  
XLV. The Common place, which dealeth properly with Common Pleas.  
XLVI. The King hath a proper Court of this kind for all things touching his Revenues, called the Exchequer.  
XLVII. The Judges whereof are called Barons being one chief Baron and three other.  
XLVIII. And this also hath a Court of Chancery before the Chancellor and Barons of the Exchequer called the Exchequer-chamber  
XLIX. The escheator here is a special Officer, an● hath a kind of a Court for finding out the King's title to lands, tenements, and other things.  
L. Those Courts, which deal but within some County, are the Sheriffs Turn, and the Coroners Court.  
LI. The Sheriffs Turn is a Court of Record for offences, which are common greivances.  
LII. Whereunto every man of the age of 12 year● and upwards (being within the Precinct) oweth suit; and must be there sworn to the King's allegiance.  
LIII. But Peers of the Realm are excepted.  
LIV. The offender here shall be amerced, and distrained for that amerciament.  
LV. The Coroners Court, is a Court for matters of the Crown, as Battery, Mayhem, Rape, Murder, etc.  
LVI. Upon just exception to the Sheriff, process out of the higher Courts shall be directed to the Coroners.  
LVII. The Steward and Marshal of the King's house have a Court for all personal Actions, and pleas of the Crown arising there.  
LVIII, By reason of certain Franchises, grow two other Courts of Record, which deal within some certain Precinct, viz. a Leet, and a Court of Pipowders.  
LIX. A Leet is a Court of Record, having the sa●e Jurisdiction within an hundred, or some less precinct, which the Sheriff's turn hath in the County, the profit thereof being to a Common person.  
LX: A Court of Pipowders is a Court of Record, incident to Fairs and Markets, for all Actions arising there, and the suit must at the same time be commenced.  
LXI. The King (by commission under his Letters Patents) may erect other Courts at his pleasure.  
LXII. Such were Justices in Eyre, and such are Courts of Record in Corporations and other places, by special Charter.  
LXIII. These are the Courts of Record: a Court Baron is the Court of a common person.  
LXIV. This Court is for personal accounts under forty shillings.  
LXV. These cannot be kept oftener than every three weeks.  
LXVI. The process here is by precept to the Bailiff.  
LXVII. The Suitors are the Judges.  
LXVIII. A Courtbaron is the Lords, or a County-Court.  
LXIX. The Lord's Court is either of a particular Manor, or of an whole Hundred.  
XXX. The Hundred Court is that, whereunto all the Inhabitants within the Hundred own suit.  
LXX. The County Court, which is incident to the Sheriff, and hath Jurisdiction over the whole County   

CHAP. 23: Suits, Original Writs, Petitions.  
I. OF an Action there be two parts, the suit and the judgement.  
II. Suit, is the parties dealing in the Action.  
III. Here for their help they are allowed Council learned in the law.  
iv The Suit hath two parts, the beginning and the proceeding.  
V The beginning is the proper duty of the Plaintiff.  
VI: This also hath two parts; the first matter of the suit, and the original process.  
VII. The first matter of the suit must always be brought into that County, where the cause of Sui● groweth.  
VIII. The first matter of the suit is for every man by writ out of the Chancery; or in Courts, where writs lie not, by Plaint or Bill; for the King alone, by Inquiry.  
IX· In all of the first kind the Plaintiff must find surety (by some that will be his pledges) to prosecute the suit.  
X. And these may be either to the Officer, or to the Court where the suit is.  
XI. A poor man in stead of sureties shall give his faith to prosecute it.  
XII. Writs that begin the suit, are original, or commissionall.  
XIII. Original, which appoint the first Process (〈◊〉 the Plaintiff find pledges) returnable in the King's Bench, or Common Place.  
XIV. This must be true Latin, and also formal.  
XV. And it must express the name of Baptism, and Surname, or (in lieu thereof) the name of dignity both of the Plaintiff and Defendant.  
XVI. Where there be many of one name, diversity of the names must be put by addition of Elder, younger, and the like.  
XVII. The King's servants in his Court, or others by special grace of the Chancellor may here be admitted to find pledges in the Chancery.  
XVIII. Writs original are concerning Common pleas, or appeals that concern life.  
XIX. Those that concern common pleas lie not for, or against a feme covert without her husband.  
XX. Many having or giving jointly cause of Action may sue or be sued together in one.  
XXI. Several Actions of one nature may be joined in one original with several Praecipes, or commandments to be executed.  
XXII Here in place of action against the King, Petition must be made unto him in the Chancery.  
XXIII And that (in case of hereditaments) though the King have granted the same away.  
XXIV. Whereupon process shall go out against the Grantee to maintain his title.  
XXV. But whilst personal things, seized for the King, remain in the Officers hands, the party that hath right may sue the officer, or disturb him to take the profits.  
XXVI. Petition is a supplication declaring the parties right, where mention must be made of all the King's title.  
XXVII. The writs, which concern common pleas, are Real or personal. and they both are again Praecipes or Si fecerit te securum.  
XXVIII. A praecipe is that which willeth the Sheriff to command the Defendant to do somewhat in certain, that the Plaintiff sueth for, which if he do not, then to serve the first Process.  
XXIX. The form hereof is, Praecipe A, quod reddat B, etc. Et nisi fecerit, &c tunc summon, etc.  
XXX. A Praecipe is, a Praecipe quod reddat, or a Praecipe quod faciat.  
XXXI. A Praecipe quod reddat, which lieth for things in render.  
XXXII. A Praecipe quod faciat, which lieth for things not in render, viz. in Fesance, as a Writ de consu●tudinibus & servitiis, secta ad molendinam, etc. or sufferance, as a Quod permittat, etc.  
XXXIII. A Si fecerit to securum; is that which willeth the first process to be served without more ado.  
XXXIV. The form hereof is, Si A fecerit te securum de clamore suo prosequendo, tunc summon, etc.   

CHAP 24. Actions real.  
I. Real Actions, where a  shall be recoveed, are Possessory, or in the right.  
II. Possessory, which are to recover a Possession.  
III. In the right, which are to recover a Possession mixed with the right.  
IU. And both these m●y be of a possession or right in himself, or descended from his Ancestor.  
V, Real Actions in the right, are either founded upon the right, or for the mere right.  
VI Real Actions, where the  shall be recovered, lie only against the Tenant of the Freehold.  
VII. With the Freeholder may be joined in Action any having Title to enter.   

CHAP. 25. Ad Terminum, quem praeteriit, Entry ad communem legem, Causa Matrimonii praelocuti, Dum fuit infra aetatem, Dum fuit non compos mentis.  
I. A Real Praecipe quod reddat, is that which is for real things in render, and it is a plea of land or other like Praecipe.  
II. A plea of land, which is for land or other such things in demesne.  
III. Where land in certain is demanded, it must always be brought in a Ville, or place known out of any Ville.  
iv A plea of land is a writ of entry, or a writ showing the demandants title.  
V A writ of entry is that, which is to disprove the tenants possession by the means of his entry.  
VI Wherein tenant in fee-simple demanding of the possession of his Ancestor, shall say in the writ, Quod clamat esse Jus, & hereditatem suam.  
VII. A writ of entry is either against the first party, or in the degrees.  
VIII. Against the first party, when it is against him to whom the first alination was, or that made the disseisin.  
IX. That in the degrees, is in the per, or in the per and cui.  
X. In the per, when he, against whom it is brought, cometh in immediately under the first party, as heir unto him, ot by alienation from him.  
XI. In the per and cui, when he, against whom it is brought, cometh in immediately under the first party's heir, or alliance.  
XII: Writs of entry grow either without wrong at the first, or upon a wrong.  
XIII. Those without a wrong at the first are grounded upon a determination of the first estate, or upon a disability in the person that made it.  
XIV. Upon a determination of the estate, either by reason of a particular estate ended, or a condition broken.  
XV. Of a particular estate ended, is an ad terminum qui praeteriit, or Entry ad communem legem.  
XVI. Ad terminum qui praeteriit is upon a deforcement by the lessee, or a stranger, after the Lease for years or life expired.  
XVII. Entry ad communem legem, is when a tenant for life doth alien and die.  
XVIII. Of a condition broken, as Causa matrimonii praelocuti.  
XIX. Causa matrimonii, praelocuti, is for a woman that giveth land to a man to marry her, and he will not.  
XX· Those grounded upon the disability of the person, are a Dum fuit infra aetatem, and a Dum non suit compos mentis.  
XXI. Dum fuit infra aetatem is by the infant, when he cometh to his full age, upon an alienation by himself, or his ancestor being within age.  
XXII. But the clause that he is of full age, (viz. qui plenae est aetatis) shall not be inserted in the Writ, if either it be brought in the degrees, per, cui, or post, or upon the ancestors alienation.  
XXIII. Dum non fuit compos mentis, is upon the alienation of himself, or his ancestor or being of non san● memoriae.   

CHA Cui in vita sua, Cui in vita, sine assensu Capituli A writ of Intrusion, a writ of Entry in the quibus.  
I. THose upon a wrong at the first, are upon a discontinuance or an Ouster.  
II. Upon a discontinuance, as a Cui in vita, or a sine assensu Capituli.  
III. A Cui in vita. for the wife after the husband's death upon his alienation of her fee simple, fee tail, or freehold, or of such a Joint estate in them.  
IU. and in this writ, claiming a fee-simple, she shall say, Quod clamat esse jus & hereditatem suam.  
V If it be an estate of fee-simple, and she bring not (in her life time) a cui in vita, the heir shall have a sur cui in vita.  
VI And of this nature is a Cui ante divortium, when it is brought by the wife after divorcement, upon such an alienation, as before.  
VII. A sine assensu Capituli, is for the successor of a Bishop, Abbot, Prior, Dean, Prebendary, Master of an Hospital, etc. after the discontinuance of the Predecessor.  
VIII. Upon an Ouster, is either an Intrusion, or a disseisin.  
IX That upon an Intrusion is called a writ of Intrusion, and is for him in the reversion or remainder in fee-simple or for life, after the death of tenant for life in Dower, or by the courtesy.  
X. Upon a disseisin, is when the disseisin is done to him or his ancestor, as a Writ of Entry in the Quibus or (which is all one) in the nature of an Assize.   

CHAP. 27. A Writ of Ayel, Besaiell, Cozenage, Formedon, Escheat, Dower, a Praecipe in Capite.  
I Writ's that show the demandants title are mere possessory or in the right.  
II. Mere possessory are those, which are brought by the next heir upon an abatement after the death of any ancestor, other than his Father, Mother, Brother, Sister, Uncle, Aunt, Nephew, Niece, seized in demesne, as of the fee-simple, the day of his death: Of this sort are.  
JII· A writ of Ayell, after the death of his Grandfather or Grandmother.  
iv A writ of Besayell, after the death of his great Grandfather or great Grandmother.  
V A Writ of Cozenage, after the death of his great great Grandfather, or Grandmother, or any other Collateral Cousin, save those  in the second Rule of this Chapter.  
VI In the right, is that which is to disprove the right of the tenant, and is a writ of right in his nature, or a praecipe in Capite.  
VII. A writ of Right in his nature, which showeth how the demandants right is grown, and is a Formedon, or a writ of Escheat, and Dower unde nihil habet.  
VIII. A Formedon is a praecipe quod reddat, entitling the party by the form of the gift, and is a Formedon in remainder, or a Formedon in reverter.  
IX. A Formedon in remaninder, is for him in the remainder for life, or in fee, upon a lease for life expired.  
X. A Formedon in Reverter is for the Donor after the estate in tail determined.  
XI. A writ of Escheat, is for the Lord upon an Escheat.  
XII. Dower unde nihil habet, is a writ for ones Dower, who hath received no part at all thereof.  
XIII. A writ of Dower lieth against Garden by Knight's service.  
XIV. A praecipe in capite is a praecipe quod reddat for the mere right of lands holden in chief.   

CHAP. 28. A writ of right of ward, and sur disclaimer.  
I. OTher real praecipe quod reddats are those, which are in respect of a Signiory, as a writ of right of ward, and a writ of right sur-disclaimer.  
II. A writ of right or ward is to recover the wardship.  
III. If it be for the recovery of the wardship of the body, it lieth as well for Garden in Socage, as for Garden by Knight-service.  
IU. But if it be for the recovery of the wardship of the land, it lieth only for Gardien by Knight-service.  
V A writ of right sur-disclaimer, is for the Lord to prove the lands to be holden of him, when in Action, where the services should be recovered, the tenant in Court of Record disclaimeth to hold of him.  
VI If in this writ the Lord can prove the Land to be holden of him, he shall recover the Land itself.   

CHAP. 29 A writ de consuetudinibus et se●●ic●js, secta ad molendinum, Quare impedit, Quod permittat, Curia Clau●enda, Mesne, and Warrantia cartae.  
I. A Real Praecipe quod faciat is either to recover hereditaments, or some real things that concern them.  
II. Those that are to recover some hereditament, demanding of one's own seisin, are in the debet and solet.  
III. But demanding of the ancestors seisin, they are in the debet only, and then are in all respects, as writs for the mere right.  
iv These are either in respect of a Seignory, or to recover some other hereditament.  
V In respect of a Signiory, as a writ de consuetudinibus & servitiis, and a secta ad molendinum.  
VI A writ De consuetudinibus & serviciis lieth for the Lord that hath an estate for life, or a greater estate in the Seignory, and is deforced of his services.  
VII. Secta ad molendinum lieth for the Lord, when the tenants that hold of him by grinding their corn at his Mill, withdraw their suit and grind elsewhere.  
VIII. Those that are to recover some other hereditament are a Quare impedit, and a Quod permittat.  
IX. A Quare impedit lieth upon a disturbance, where he or his ancestors, or those, from whom he claimeth, having at any time before presented to a Church, himself is now disturbed.  
X. A Quod permittat lieth for one that hath common of pasture, for his beasts being disturbed by a stranger, so as he cannot use his Common.  
XI. These are to recover some real thing concerning hereditaments, are a Curia claudenda, or a covenant real, and other writs sounding in that nature.  
XII. Curia claudenda, lieth for a freeholder, when one that hath a Close next adjoining to him, which he should keep enclosed, will not do it.  
XIII. A writ of Covenant real lieth upon a Covenant to do a thing real, as to levy a fine of Lands, etc.  
XIV. Writs in the nature of a Covenant real, are a writ of Mesne, and a warrantia cartae.  
XV. A writ of mesne lieth for the tenant against the mesne, when the Lord Paramont doth destrain the tenant whom the mesne ought to acquit.  
XVI. A warrantia cartae lieth for him that hath lands or tenants warranted unto him.  
XVII. Here the warrantors' hereditaments are liable to the warranty from the time of the action brought.  
XVIII. Upon these writs a fine may be leived.  
XIX. A fine is the acknowledging of an hereditament in the King's Court, according to the covenant, to be his right that doth complain.  
XX. Here, one of them must needs have such an estate at the time of the fine levied.  
XX. That whereof the fine is levied, or any thing contained in it, may be granted back again to the Conisor by the same fine,  
XXII. Fines executed bind all persons, if claim be not made within a year.  
XXIII. A Feme covert joining with her husband is a fine, it bindeh her for ever.  
XXIV. Therefore the Justices must examine her, to see that she do it willingly.  
XXV. A grant by fine of a Signiory, rend charge, rend seck, remainder, or reversion, is presently good, saving for bringing actions that run in privity between the tenant and him.   

CHAP. 30. An Assize of Novel, Disseisin, Nuisance, Darrein Presentment Juris, utrum, Partitione facienda, Nuper objit, Quo Jure.  
I. THus much of real Praecipes; Real Si fecerit te securum are an Assize, and a Juris utrum, or other.  
II. An Assze is such a real plea merely in possession.  
III. And this is either an Assize of ones own possession, and an Assize of Mordancester, or an Assize of Darrein presentment.  
iv An Assize of ones own possession, is an Assize of novel disseisin, or an Assize of nuisance.  
V An Assize of novel disseisin, is for a freeholder against his disseisor (whether it be of land or rent) for the Bailiff of the disseisor, if himself cannot be found.  
VI This disseisin being of a rend charge or rend seck, all the tenants of the land must be named, though he were disseised by one tenant only.  
VII. If the lord distrain the tenant too often for the rent or services, the tenant may have an Assize.  
VIII. An Assize of nuisance is for him, whose freehold is spoiled by any nuisance.  
IX. An Assize of his ancestors possession only, called an Assize of Mordancester, is for the next heir upon an abatement after the death of his Father, Mother, Brother, Sister, uncle, Aunt, Nephew, or Niece, who was seized in demesn, as of fee-simple the day of his death.  
X. An Assize, which may be either of his own or his ancestors possession, called an assize of Darrein presentment, is upon a disturbance, when himself or his ancestor did last present.  
XI. A Juris utrum is such a real plea, founded upon the right of a Parson or Vicar upon his predecessors alienation.  
XII. This is the nature of an Assize, and Juris utrum: These that follow are a partitione facienda. and nuper obiit (both which lie between privies in blood) or a Quo jure.  
XIII. A Partitione facienda lieth between Coparceners to compel partition to be made.  
XIV. Therefore here for equality of partition, things that otherwise cannot, may be granted without deed.  
XV. A Nuper obiit, lieth against one privy in blood, that entereth after the death of the Ancestor, that died seized in demesne.  
XVI. A Quo jure lieth for the Tenant of the land, when one challengeth Common, there to try whether in right he ought to have any, or no.   

CHAP. 31. Debt, Detinue, Account, Covenant.  
I. THus far of real Actions: A personal Action is that, wherein damages shall be recovered.  
II. This Action being once suspended, is gone fo● ever.  
III. Executors bringing such an Action must do i● in all their names, as well of those that refuse administration, as of the rest, but an Action may be brought only against those that do administer  
iv In personal Actions growing in respect of ● possession in Common, Tenants in Common are i● all respects as joint-tenants.  
V In personal Praecipes damages only shall be recovered, where the thing itself cannot be had.  
VI Personal Praecipes quoth Reddat's are debt, an● detinue.  
VII. Debt, when any thing is due upon a contract  
VIII. If the debt be money due one from another i● their own right it is in the debet and detinet otherwise in the detinet only.  
IX. When any of the King's Goods come into a Subject hands, his land at all times after is chargeable for the same into whose hands soever afterwards it comes.  
X. Of this nature is a writ of Annuity, which lieth for him that hath an Annuity, be it money or other things, as , bread, etc.  
XI. This writ is in the debet for any other thing, as well as for money, and not in the detinet, therein differing from an action of debt.  
XII. Detinue is, when any thing is with holden.  
XIII. Personal Praecipe quod faciats, are an action of account, and an action of covenant.  
XIV. An Action of account, which is for an account to be made.  
XV. The King may have it against Executors, and so can no other.  
XVI. An Action of Covenant, which is for a Covenant to be holden.   

CHAP. 32. Personal Si fecerit Securum's.  
I. PErsonal Si te fecerit Securum's are of things done without force, or where force is coupled with it.  
II. Of those without force, some go not so far as breach of the peace, others do break it.  
III. Those that break not the peace, are these that follow.  
iv Rationabili parte bonorum, for the wife and children of one deceased, to have their part of the goods.  
V Valour maritagii for Guardian in Knight-service when the heir at full age refuseth to satisfy him for his marriage.  
VI A writ of forfeiture of marriage, which is to recover the double value against such an heir, marrying himself within age, without the Lords assent, and at full age putting out the Lord.  
VII. Intrusion of ward, when the heir by Knight-service entereth, and putteth out the Lord.  
VIII Ejectione custodiae, for any Guardian by Knight service or soccage, against a stranger ejecting him of the land, or body of the heir, or both.  
IX. Quare ejecit infra terminum for lessee for years, against the feoff in fee, or for life of his lessor.  
X. Here the term itself shall be recovered, if it be not past.  
XI. Trespass upon the case of things not against the peace, as Assumpsits, for an assumption, or promise to be performed, and the like.  
XII. This lieth not against Executors.  
XIII. Here, and in all other actions of trespass upon the case, the writ must comprehend all the matter o● substance.  
XIV. The other that break the peace, but not 〈◊〉 are called trespasses against the peace.  
XV. And of this kind are especially (of the nature of such a trespass) an action of deceit, and an action o● conspiracy.  
XVI. An action of deceit, is upon any deceit committed.  
XVII. Here, if it be upon a non-summons in a pl●● of land, whereby he looseth the land by default, or suc● like, it must be brought during the life of the Summoners.  
XVIII. In a writ of deceit the Plaintiff shall recover all that he hath lost.  
XIX. Conspiracy (in the nature of a trespass) upon conspiring by many to prejudice a man wrongfully.  
XX. Such are trespasses without force, is an Action 〈◊〉 trespass coupled with force. is an action of trespass fo● a trespass done.  
XXI. An Action of trespass brought in a Court Baron must not suppose it to be done by force and arms.  
XXII. And therefore no Capias lieth there in such case.  
XXIII. Special actions of trespass are these that follow.  
XXIV. De Parco fracto, for taking distress out of the Pound.  
XXV. Rescous, for taking a distress away before it be impounded.  
XXVI. Ejectione firmae, when lessee for years of land is ousted, where the term itself shall be recovered if it be not past.   

CHAP. 33. Appeal.  
I. THese are Common Pleas: an Appeal that concerneth life, is the parties private action, prosecuting also for the Crown, in respect of a felony.  
II. Appeals of the death of a man are given to the heir of the party slain.   

CHAP. 34. A Writ of right Patent, and justicies.  
I. THus far of original writs: Commissional are these, which are not returnable but determinable before the parties to whom they are directed.  
TWO These are Commissionary, or mere Commissions.  
III. Of the first sort are those that give authority to a Court Baron to hold plea.  
iv Here the suitors are the Judges, not the Sheriff or Steward.  
V These are a writ of right Patent, or a Justicies'  
VI In both these the same course is holden, as is those that went before.  
VII. A writ of right patent is a writ for the mee● right of Tenements holden of a common person, to be brought in the Lord's Court of that Manor.  
VIII. If he hold no Court, or otherwise yield hi● Court to the King for that time, than it may be in the King's Court with this clause, Quia B. capitalis Domin● nobis inde remisit curiam.  
IX. This writ must show by what service the land i● holden.  
X. The writ remaineth always with the party himself.  
XI. If one privy in blood, not past the third degree enter after the death of the ancestor, that died not seized, in such case, a writ of right patent is called a wr●● of right de rationabili parte terrae.  
XII. A woman that hath received part of h● Dower, shall have a writ of right of Dower patent fo● the remnant, whereof she is to be endowed.  
XIII. A Justicies is a writ, that giveth the County Court power to hold plea.  
XIV. And therefore it 'tis called a Viconte writ; o● this sort are.  
XV. An Assize of petty nuisance, where a mill, o● such like is levied to one's nuisance.  
XVI. All of them are comprehended in these Verse rica ca _____ gultum ges lendinum Fab, fur, porta, domus, vir, gur, more, murus ovil● Et pons: traduntur haec vicecomitibus.  
XVII Admeasurement of Dowerby the heir, whe●● his Guardian, or himself endowed the wife in his no●● age of more than she ought to have.  
XVIII. Admeasurement of pasture by a Commoner, whom another Commoner wrongeth, by putting i● more Beasts into the Common than he should.  
XIX. Here, all the Commoners shall be admeasured.  
XX. A nativo habendo for the Lord, that hath an Inheritance in any Villain, when his Villain departeth away from him.  
XXI. Here, if the Villain plead that he is frank, the Sheriff cannot proceed.  
XXII. Rationalibus divisis, for that Lord, whose land or waste hath by little and little been encroached upon within time of memory until now, by a Lord, whose Seignory adjoineth in another ville, against the Lord so encroaching.  
XXIII. A homine replegiando, for one imprisoned, or in prison detained, where he should not.  
XXIV. A Replevin for goods or chattels distreined,  
XXV, This may be both by writ and plaint in any Court Baron, as well as in the County Court.  
XXVI. This being by plaint; it shall not proceed, if any thing touching the freehold come in question.  
XXVII. Upon the pluris not served by the Sheriff, his power is determined, and the parties shall plead in Bank.  
XXVIII. Many of the actions, that went before both for real things to be done, as Consuetudinibus & servitiis, secta ad molendinum, Quod permittat, Mesne Dower, unde nihil habet: And also personal actions, as annuity, debt, detinue, account, covenant, trespass to what sum soever, may as well be brought in the County by Justicies, as to be returnable in the Common Place.  
XXIX. Mere Commissions are these that follow, being all of them to be directed to choice persons, such as it shall please the King.  
XXX. Oyer and Terminer, to hear and determine upon some heinous offence committed.  
XXXI. In these and such like commissions lie properly, a writ of Association, and Si non omnes.  
XXXII. Association is a writ for other to be associate into their company.  
XXXIII. Si non omnes, is a writ for the rest to proceed, although the other come not.  
XXXIV. Ad quod damnum, to inquire what hurt it may be to the King, Country, or any other, for the King to grant such, or such a thing.  
XXXV. Perambulatione facienda, to inquire of the bounds of 2. Signories or ●ownes, where an encroachment by little and little is supposed to have been made.  
XXXVI. This must be by the mutual assent of both Lords.   

CHAP. 35. Plaints, and Bills.  
I. SO far of writs; it followeth, to speak of Plaints and Bills, both being in such Courts as hold ple● without original writ.  
II. A plaint is in matters that concern Common pleas.  
III. A Plaint of trespass in a Court Baron shall not proceed, if the freehold come in question.  
iv A Bill is in pleas of the Crown, as an appeal of felony, mayhem, rape, etc. may be by Bill before one Coroner of the County, finding first sureties to the Sheriff.  
V One whose attendance is necessary in any Court shall sue, and be sued there in form of Plaint, which is called a Bill of Privilege.   

CHAP 36. A Quo Warranto, Office, Indictment.  
I. THe King hath a special means of suit for trying of the right of Franchises, usurped upon him, called a Quo Warranto, and is to be brought before the Justices in Eyre.  
TWO An Enquiry for the King is, when matter for the King is found by a Jury, called an Enqest of Office.  
III. This may be before the Officers, as Sheriffs, Escheators, Coroners, etc. Virtute officii, Brevis, or Commissionis, to them directed.  
iv Here, the number of twelve is not of necessity requisite.  
V An Enquiry is an office, or presentment.  
VI An Office, which findeth matter to entitle the King to some possession.  
VII. Upon as high a matter of Record to avoid the Office, as the Office itself, a man may traverse it.  
VIII. If the office be for personal goods, the party may always have a traverse, or plead any matter unto it, unless the Escheator have accounted for them; and that although the office find the King's title to be by matter of Record.  
IX. The King upon office finding for him, if his entry be lawful, and the possessions to be had at the time, is presently in possession.  
X. Also he shall be answered all the mean profits from the time of his title.  
XI. Upon an office found virtute Officii, whereby the King is entitled to one's wardship, the heir shall never have livery, viz. the land delivered out of the King's hands.  
XII. But upon a perfect office, Virtute Brevis, or Commissionis (if it be a special writ or Commission, not a general one to inquire of all wards) he may.  
XIII. Therefore here the heir is allowed these Commissions following, or writs in the nature of such Commissions, viz 1. For finding of an office for the King. 2. For the having of the land out of the King's hand.  
XIV. Those for the finding of an office are Diem clausic extremum, Mandamus, and Devenerunc, to inquire, what lands holden of the King, and what of others, the ancestors was seized off, the day of his death, who is his next heir, and of what age.  
XV. The Diem clausit extremum is to be sued within the year after his death.  
XVI. The Mandamus is after the year; and here, it must further be inquired, who took the profits.  
XVII. The Devenerunt is, when the ancestor dieth in ward to the King.  
XVIII. Upon defect in Offices found by virtue of such writs or commissions, these writs following shall issue out to make them perfect, viz.  
XIX A Quae plura, upon leaving of any land out i● these offices.  
XX A Melius inquirendum, upon any other defect i● the Office.  
XXI. A Datum est nobis intelligi, upon an Office finding lands to be holden of any other person, when there is a Record to prove, that they are holden of the King.  
XXII. The writs for having the lands out of the King's hands, are an Aetate probanda, and a writ i● Livery  
XXIII. An Aetate probanda, is to inquire whethe● he b● of full age, or not.  
XXIV A writ of Livery is after a perfect Office finding a tenure in chief; to have all the lands delivere● to him at once by the King.  
XXV. Two being found heirs by one and the sa●● title, The King shall not make Livery, until by enter-pleader the truth be discussed at his full age, that wa● found heir first.  
XXVI Amongst Coparceners the King upon Livery shall make partition.  
XXVII. He that holdeth of the King by Knight service, but not in Chief, shall not sue Livery. Be when he cometh to his full age, shall have an Ouster● main.  
XXVIII. A presentment is an enquiry finding some offence against the King, which is also called an Indictment.  
XXIX. Every strong suspicion of such offence appearing of Record hath the force of an Indictment.  
XXX. Without an Indictment the King can have no suit upon a wrong done, principally to another, but done to himsef, he may.  
XXXI. For the preventing of divers offences, viz. trespasses to the body and felonies, and committing them that offend to prison, until they may be indicted, and so duly punished, every Hundred hath his High Constable, and every several tithing within the Hundred hath his petty Constables, or Headboroughs,  
XXXII. Any man, suspecting another of a felony committed, or but intended, may arrest him.  
XXXIII. With indictments of trespass, informations upon penal Statutes (such as inflict a pecuniary mulct, or other penalty upon offenders) have a near affinity.  
XXIV. Indictments of the death of a man are to be taken before the Coroners.   

CHAP. 37. Proper Original Process.  
I. HItherto of the first matter of the suit; it followeth to speak of original process.  
II. Original process is, that process, which is until the defendant do appear.  
III. Original process is proper or improper.  
IU. Proper, which is to bring some matter into Plea or solemn action; and it is single, or mixed.  
V Single, which is by the possessions only (lands or goods) or only by the person.  
VI That by the land is of two sorts, first, summons and Grand Cape in a real Praecipe quod reddat.  
VII. The summons is the warning of the tenant in his land by certain summoners.  
VIII. The summons upon an action brought against one as heir, must be in the land that did descend.  
IX. If it be to recover the freehold of land itself, it must be in the same land.  
X. A Grand Cape, is to take the Land into the King's hands by the view of lawful men, with a summons of the tenant to answer, as well to his default, as to the demandants action.  
XI. If the tenant be returned, summoned, where i● deed he was not, the writ shall abate.  
XII. Secondly, it is summons and re-summons, in a Mordancestor, Juris utrum, and an Assize of Darren presentment, and upon default the inquest awarded.  
XIII. Original process by the goods, as in Assize of novel disseisin, and nuisance, where the original process is Pone per vadios etc. salvos plegios.  
XIV. A Pone pervadios & salvos plegios, is a process to attach the defendant by certain of his proper goods, being mere personal chattels, which he shall forfeit, i● he appear not, and upon such default the Inquest (summoned by the writ) is presently to be awarded to recognize the Assize.  
XV. The original process by the person is a Capias (which is a process to imprison him) than an exigent o● solemn demand at five several County Courts immediately following one another, and for not appearing Outlawry.  
XVI. This Judgement of Outlawry is given by the Coroner in the fift County, and is only in mayhem felony, and treason  
XVII. If the Exigent be returned not fully serve without any folly in the Plaintiff, he bringing an Exigent de novo, before any other County holden, sha●● have the benefit of the former Counties.  
XVIII., Outlawry disableth him from suing an● actlon,  
XIX, By Outlawry all his chattels are forfeit to the King, even such as he hath but a right unto.  
XX. In Mayhem there must be three Capias, viz. Capias, alias, & pluries) t●o in Felony, viz. Stealth Robbery, and Burglary) and only one in the death of a man, and high Treason.  
XXI. In felony and Treason, they that tarry the Exigent forfeit their chattels.  
XXII. A mixed original process is that which is so by his goods, as for want of goods, resort may be made sometimes to his land, and sometimes to his person, and sometimes to both.  
XXIII. Those of the first sort are in all other real actions, and in all personal actions (except trespass and offences against the Public) and in all Justicies Summons by the goods, Attachment, (or a Pone per vadios, etc.) and a distress infinite.  
XXIV. Distress infinite is a process to distrein him continually after, till he do appear by certain of his goods and profit (or issues) of his lands, which he loseth if he appear not,  
XXV. Upon his distress must be returned in issues the value of all his lands from the Teste of the writ, until the day of the return.  
XXVI. With these issues the land is chargeable.  
XXVII. In such process as these, if the defendant be a beneficed Clerk, he must be warned by his person, or land, if he have any Layfee; otherwise, process shall go out to the Ordinary to make him appear by the issues of his benefice,  
XXVIII. Here also, if upon the summons a nihil be returned, viz. that the party hath nothing whereby to be summoned; in such case there shall issue forth a continual Capias.  
XXIX. But a Capias lieth not here against a Peer of the Realm, because by common intendment he must have freehold.  
XXX. In a Replevin in the County Court, if the goods be conveyed away, so as at the tenant's suit they cannot be restored, process of witherm●● ●ieth, which i● for the Plaintiff to have of the othe●s goods, until restitution of his own.  
XXXI. Those of the second sort ar●, in all trespasses upon the case, and in all offences in the nature o● trespasses upon the case, an Attachment, distress inanite, and upon nihil returned a continual Capias, as before.  
XXXII. Here for contempts a Capias lieth against Peers of the Realm▪  
XXXIII. Those of a third sort are, in trespass 〈◊〉 and offences against the public; Attachment, distres● infinite, and upon nihil returned, three Capias, Exige●●, and Outlawry.   

CHAP. 38. Improper Original process Commandatorie.  
I. THus far of proper original writs, which begin a● Action, besides which, there are certain other originals out of the Chancery, which are not deductory to bring any matter into plea or solemn action but only commandatory or prohibitory to do, or to lea●● something undone.  
II. Upon these writs no process lieth, and therefore they may be termed Improper Originals.  
III. The Commandatory writs of this nature an● these that follow.  
iv De Dote assignanda, which is for the wife of the King's tenant, when the King is entitled, by office, 〈◊〉 land, where she is dowable.  
V This writ is always directed to the Escheator, an● may be either to deliver her such part of her land, as i● already assigned to her in the Chancery for her dower● or for the Escheator himself to assign her part unto her  
VI If her husband held in chief; then she must first take an oath in the Chancery not to marry without the King's licence.  
VII. De Homagio capiendo, which is for the tenant by Homage Ancestrel to compel the Lord to receive his homage.  
VIII. De scutagio habendo, for the Lord to have Escuage of his tenants by Knights-service, when the same is due upon a Voyage Royal, etc.  
IX. De auxilio ad filium suum militem faciendum & filiam maritandam, for the Lord to have such aid of his tenants where it is due.  
X. De Corodio habendo, to have a Corodie for his servant.  
XI. De annua pensione habenda, to have a pension granted to his Chaplain, until he be promoted to a benefice.  
XII. De libertatibus all ocandis, for one single person, or body corporate in pleaded before the King's Justices, to have the liberties formerly grante● unto them, to be allowed:  
XIII. De executione judicii, to have a judgement executed: and this is a Justicies.  
XIV. De restitutione temporalium, where the temporalties before seized into the King's hands are to be restored to a Prior, or Bishop elect and consecrate.  
XV. De securitate pacis, for him that is in fear of corporal hurt, or of the burning of his houses, to be secured of peace in that behalf, against the party; whom he feareth, where a corporal oath must be taken by him, that standeth so in fear.  
XVI. De vi laica removenda, to remove all Lay-force in any Church.  
XVII. Of cleansing streets, to have the ways, streets, and lanes of a Town corporate to be made clean when they be apt to cause infection by their nastiness and stench,  
XVIII De lepros● amovendo, to remove a Leper or Lazer (that will come abroad) from the company of men to some solitary place of abode.  
XIX De excommunicato capiendo upon a significavit, viz. the Ordinaries certificate into the Chancery, that one excommunicate standeth out 40 days, to imprison him, until he satisfy holy Church: And this writ also is a Justicies.  
XX. De excommmunicato deliberando, to deliver him out of prison, when the Church is satisfied.  
XXI De cautione admittend●, when one taken by an excummunicato capiendo offereth sufficient pledge or caution to obey holy Church, which is refused, to have that caution addmitted, and to be delivered.  
XXII. De heretico combu●endo, to cause one convicted for an heretic to be burnt.  
XXIII. De coronatore eligendo, to choose a Coroner in full County by the freeholders' of the County.  
XXIV. De coronatore exonerando, to discharge a Coroner of his Office upon just cause.  
XXV. This writ is directed to the Coroner himself▪  
XXVI. De electione viridariorum Forestae, to choose a Verdor of the Forest.  
XXVII. De ●exoneraeado viridario Forestae, to discharge a Verdor of the Forest.  
XXVIII. Congee d'eslire, to Dean and Chapter (o● such like) to choose their Bishop.  
XXIX. A writ for the Royal assent to signify to the Ordinary his assent to the election of an Abbot, &c and to will him to execute that which belongeth unt● him.  
XXX. This is always directed to the Ordinance himself.  
XXXI De securitate invenienda, quod non se ●●vertat in parts exteras sine licentia Regis, to compel on● to find sufficient mainpernors in a reasonable sum o● money, not to go in foreign parts without the King's licence, nor any thing there to attempt in contempt or prejudice of the King, or hurt of the people; nor to send any thither for any such cause.  
XXXII. All Dedimus potestatems, the principal of which are these that follow.  
XXXIII. Dedimus Potestatem, to give the King's Royal assent to the election of an Abbot, or the like, made, or to be made, and to signify so much by his letters to the Ordinary, that he may do that which belongeth to him, and to receive fealty, &c, Commanding the party to do the premises.  
XXXIV. Dedimus Potestatem de fine levando, to certain persons to take the acknowledgement of a fine out of Court, when one that hath agreed in the King's Court to levy a fine, is so feeble, that he cannot travel.  
XXXV. The Chief Justice of the Common Place may take the acknowledgement of a fine without any dedimus potestatem.  
XXXVI. Dedimus Potestatem de Atturnato faciendo, for the Judges to admit an Attorney for one in a suit.   

CHAP. 39 Improper Original Process prohibitory,  
I. prohibitory improper original writs are these that follow;  
II. A Protection cum clausula nolumus, to free ones possessions, that nothing be taken against his will for the King's business.  
III. Parsons, or other spiritual persons not to be charged to the payment of fifteen for goods in their possessions, annexed to their Churches.  
iv Quod Clerici non elegantur in Officium Balivi, for a Clerk not to be chosen an Officer for his lands.  
V A prohibition to forbid tenant in Dower, or by courtesy of England, or Guardian by Knight service, o● in soccage to commit waste to the destruction of the Inheritance.  
VI A Quo minus, for grantee of Estovers, to restrain the grantor from committing waste, so as he cannot have estovers.  
VII. De exoneratione sectae, for tenants by suit o● Court, or other services, that they be not distreined t● do the same for such time, as they ought to hold the land discharged.  
VIII. De exonerando pro rata, to discharge the tena●● of parcel of the Land, according to the rate of hi● land, when he is lawfully distreined for all the rent and services.  
IX. De essendo quieto de Tholonio, to Officers not t● grieve spiritual persons, and others, that aught to be quit of paying of Toll, Murage, Pannage, Pontage &c  
X. De non ponendo in Juratis, to discharge Peers o● the Realm, and other persons privileged from being of Juries, unless their presence be for any special cause necessary.  
XI. Ne exeas regnum, to the party himself to inhibit him from going into foreign parts without the King's licence.   

CHAP. 40. The Count, and Pleading.  
I. THus far the beginning of a suit: the Proceeding follows, which hath two parts: The Count and the Pleading.  
II. A condition (annexed to an estate of freehold) cannot be alleged in Count or pleading, unless it be by Deed.  
III. The Count is a larger declaration of the substance of the original writ, and therefore is usually termed Declaration.  
iv In real actions, which are in the right, the demandant must allege the taking of the-profits, called Esplees, in the declaration.  
V In stead of the Count a plaint shall be made in Assizes of novel disseisin, and in writs of Dower a demand.  
VI Pleading is the parties debating of the suit.  
VII. Every plea must be offered to be proved true by saying in the plea, Et hoc paratus esse verificare, and this is termed an averment.  
VIII. An advantage of a matter, which cannot be pleaded, shall be saved by protesting, not acknowledging it to be true, although the matter pleaded pass against him.  
IX. Pleas are either of the defendant, when he is first brought in to answer, or the mutual pleas of both.  
X. In a joint action against two or more, one of them appearing shall not answer, till the other come in to answer, or the suit be finished against him, as by death, outlawry etc.  
XI. An action by, or against an Infant, as heir, shall not proceed, till his full age, unless it be apparent, that by proceeding he cannot be prejudiced.  
XII. But in a writ of Dower an Infant heir shall not have his age.  
XIII. The defendants first pleas are dilatory, or to the Action.  
XIV. Dilatory, which are before any plea in Bar.  
XV. When an action is brought against many they must join in the plea, if they inrend to plead these dilatories.  
XVI. Dilatory Pleas are exceptions, or foreign advantages.  
XVII. Exceptions are dilatories grounded upon the matter itself of the suit; and are in disability, or abatement  
XVIII. Those in disability are to the jurisdiction or people, both which must be before the Count  
XIX. To the jurisdiction, when it is alleged that the Court ought not to hold plea of it.  
XX. To the person, when it is alleged, that the Plaintiff ought not to be answered, as if he be outlawed, excommunicated, etc.  
XXI. But in case of excommunication the suit shall be put without day, only till he be absolved.  
XXII. Those in abatement are for any fault in the first matter of the suit.  
XXIII. For this cause the defendant may have Oy●● of any thing tendered by the Plaintiff, and not being parcel of the Record, as of the writ, condition, etc.  
XXIV. Pleas in abatement are to the Count first, and then to the writ.  
XXV. Amongst Pleas to the writ, exceptions tha● arise upon the view of the writ are to be pleaded before those that are foreign, as non-tenure, several tenancy, etc.  
XXVI. Pleas to the Count, are for insufficiency, variance from the writ, etc.  
XXVII. Pleas to the writ, are for default of for● false Latin, etc.  
XXVIII. By waging of law, for non-summons in a praecipe quod reddar, the writ shall abate.  
XXIX. In Assize of novel disseisin and nuisance, and in appeals of felony, and Juris utrum, the defendant may have many pleas in abatement.  
xxx. The writ abating for some cause, that can not be imputed to the Plaintiffs folly, himself bringing another with speed in the same Court against the same party, shall have all advantages of the former; an● this is called a writ purchased by Journeys account  
xxxi. Foreign advantages are delays without excepion to any thing; as in all actions, Oyer of the writ, etc. In real actions, view, aid, prayer, and voucher.  
XXXII. View, is (in real actions) of the thing demanded, or of the land, whence it cometh, when it is so necessary, as without view the defendant cannot well answer.  
XXXIII. Aid prayer is for the tenant for life, to request him that hath the inheritance, to help him to plead: so must the Incumbent pray in aid of the patron and Ordinary.  
XXXIV. Vourcher is the calling in of one that should warrant, to answer the action.  
XXXV, Here the voucher losing, the tenant shall recover in value against him any hereditaments, that he had at the time ●f voucher.  
XXXVI. Therefore voucher is in lieu of another action, where the original process is Summons ad Warrantizandum, and then a Grand Cape ad valentiam.  
XXXVII. If one be vouched within age, it is a summons ad habendum visum first, and being awarded of full age, a summons ad warrantizandum. and Grand Cape, as before.  
XXXVIII. But if he be awarded within age, the parol shall demur until his full age.  
XXXIX. If the summons ad warrantizandum or habendum visum be not served, than a sequatur sub suo periculo is to go forth, and if the tenant cannot get that served, he looseth his warranty; for it is sub periculo of the tenant.  
XL. But in exchanges the hereditaments are liable from the very time of the exchange.  
XLI. In partition amongst coperceners from the death of the ancestor.  
XLII The King shall not be vouched but prayed in aid off, which in case hath the force of a Voucher.  
XLIII. So is it also of coperceners.  
XLIV. In an Assize of novel disseisin, and nuisance voucher lieth not, unless the vouchees be present in Court, and will by and by enter into warranty.  
XLV. He that is impleaded in any action, wherein he may vouch and doth not, shall never have the benefit of a Warrantia Cartae  
XLVI. Advantages in certain personal actions are Garnishment and Enterpleader.  
XLV●I. Garnishment is upon a writ of detenue, when it be alleged by the defendant to have been upon a bailment by the Plaintiff, and another. or for another upon condition, that other shall be brought in to show whether by reason of that bailment himself, or the Plaintiff ought to have the goods, chattels, etc.  
XLVIII. Enterpleader is, when divers bringing several writs of detenue, ward, or Quare impedit against the same person in the same County, and for the same thing, the rest shall answer him, that brought the first writ.  
XLIX. The King may appoint any place he thinketh good to be a safeguard for all offenders flying tbither, tha● they shall not be molested, or compelled to answer, which privileged places have in former times been called Sanctuaries.  
L. Thus far of dilatory Pleas, Pleas to the action are such as go to the body of the matter, and are Pleas in Bar, or Confessions.  
LI. Pleas in bar, are those, which are to bar the Plaintiff of his action.  
LII. In these the defendant must make defence, as t● say, Defendit vim & injuriam quando, etc.  
LIII. But no such defence shall be made in Dower, Assize of novel disseisin, per quae servitia, or Attaint.  
LIV. The tenant may plead a warranty in bar o● him that should warrant; if he b●ing the writ.  
LV. And though the tenant of the land be a stranger to the warranty, yet he may plead that he hath a third persons estate, and so rebut by a warranty, made unto that person.  
LVI. But in writs of Dower the ancestors warranty is no bar.  
LVII. A warranty made by the disseisor at the time of the disseisin, barreth not the heir, and this is called a warranty that commenceth by disseisin.  
LVIII. In an Assize of novel disseisin and trespass the defendant pleading a title in bar, must give colour of title to the Plaintiff.  
LIX. In the giving of this colour, these three, things must be observed, 1. It must be to the Plaintiff not to a stranger, or to the defendant, 2. It must be of such a possession, whereby he may maintain his action. 3. The Colour must be a matter doubtful in law, or otherwise difficult to the Lay people.  
LX. In real actions for the mere right, when it is in respect of a disseisin done, the tenant cannot traverse the seisin, but may tender half a mark to the King to have it inquired by the Jury: and being found, that the demandant was not seized in the time, whereof he counteth, that shall bar him for ever.  
LXI. The tenant cannot tender half a Mark against the King.  
LXII. The heir or executors in an action brought against them (where they are chargeable) pleading a matter in their own knowledge, which goeth in perpetual bar, shall be charged as in their proper duty, if it pass against them.  
LXIII. In Assizes of novel disseisin, nuisance, mortdancestor, Juris utrum, and in indictments and appeals of felony, the defendant may plead in abatement, and over in bar, or take the general issue also.  
LXIV. In Assizes of novel disseisin and nuisance, he may plead a special matter, that amounteth but to a general issue:  
LXV. Upon Indictments of felony and treason, the defendant being put to answer, is not allowed Council, if he deny the fact.  
LXVI. A presentment in the Leet or Sheriffs turn, after the day of presentment bindeth the party for ever, and is not traversable but in cases that touch one's freehold.  
LXVII. Therefore the course is, to remove such presentments into the King's Bench by a Certiorari, where they may be traversed.  
LXVIII. Confession is, when the defendant confesseth the Plaintiffs action to be good.  
LXVIX. The defendant confessing an Indictment of felony may accuse others of the same offence.  
LXX. One that flying to a Church or Church-yard and confesseth before the Coroner, when he cometh the certainty of any bare felony, where life and member is to be lost, before he be thereof attainted, may abjure.  
LXXI. Abjuration, is his oath before the Coroner himself to departed the Realm for ever at the time and place set him; going the direct way theither; tarrying there but one flood and ebb, if he can have passage, and, till he can so pass, going every day in the sea up to the knees to assay if he may pass over; and if he cannot pass within 40 days, then to put himself again into the Church as a fellow, etc.   

CHAP. 41. Replication, rejoinder, sur-rejoin, etc. the issue and demurrer.  
I. THus far the Pleas of the defendant, the mutual pleas of both, are the debating before issue, or the issue itself.  
ij. Debating before issue, is the discussing of the material things to draw it to some one issue.  
iij. Of the first sort, are replication, rejoinder, sur-rejoin, etc.  
iv. In an Assize against many, if each take the whole tenancy severally, and plead several matters in bar, or one Nul-tort, and the other in bar, the Plaintiff at his peril must choose his tenant. And then after issue for the whole, the Tenancy shall be first inquired of, and being found for the Plaintiff, than the other issue shall be enquired; but being found against him, and no title made against the tenant indeed, the writ shall abate.  
v. In an action of trespass mere transitory, although the defendant justify by any special matter, yet the plaintiff may take issue, that it was done the son tort de mesne, viz. wrongfully by the defendant without answering to that matter.  
vi. If it be a trespass upon land, the defendant justifying in some other land then the Plaintiff meaneth, the Plaintiff may make a new assignment  
seven. An issue is, when both the parties join upon somewhat, that they refer to trial to make an end of the plea.  
viij. This issue, is of the fact or of the law.  
ix. Of the fact, when the proper contradiction of that, which one allegeth, is set down by the other.  
x After which, if any insufficient pleading appear in the Record, whether the issue be joined thereupon (which is called a Jeosaile) or not, the Parties must begin a new, where the first defect was.  
xi. But no re-pleader shall be in an Assize, if the Plaintiff have disclosed a sufficient title.  
xii. If the tender of this issue come on the plaintiffs part the form is, Et hoc petit, quod Inquiratur per recordum or Patriam, etc.  
xiii. If on the defendants part then it is, Et de hoc ponit se super recordum illud, or super Patriam.  
XIV. Issue in a writ of Right cannot be joined upon the mere right, but by the party himself, and this is called the joining of the Mice.  
XV. Where the Plaintiff in his his replication maketh title at large, the Tenant may join issue upon the title, by saying, Veigne Assize sur le title, and this is called a Pleading to the action at large.  
XVI. But in a personal action, when the title of the Land cometh in question, it lieth not till issue joined, and yet in that case it never lieth for Tenant for life, but only for tenant for years. Bailiff, etc.  
XVII. Aid in these actions shall be of the King before issue joined only.  
XVIII. This being a matter (In fait, viz.) done in the country is tryable by the oath of twelve free and lawful men of the same County indifferently chosen.  
XIX. Four of the Jury must be of the same Hundred.  
XX. If the thing in issue lie in the notice of two several counties, and not of one only, the Jury shall be made equal out of both.  
XXI. But upon an Indictment of an offence against the Crown, the trial shall never be by joinder of Counties.  
XXII. But if the Defendant plead in any Action, that the Plaintiff is a villeine regardant to a Manor of his, in in another County, yet the same shall be tried in the County where the writ is brought.  
XXIII. Where a Peer of the Realm is party to the Action, a Knight must be returned upon the Jury.  
XXIV. In a Court of Pipowders, the trial is by the Merchants.  
XXV. The Jury in a writ of Right is called the grand Assize, being four Knights (or others in default of Knights) choosing of twelve unto them.  
XXVI. This jury is called the Grand Assize, because it always consisteth of more than 12. viz. of 16.  
XXVII. Upon trial by Jury▪ challenges are allowed for the parties (if they will) both to the Array & to the Polls, and are to be tried by some of the jurors.  
XXVIII. If it be before any jurors sworn, the Court shall choose Triers, but when any of the jurors are sworn they must try it.  
XXIX. Challenge to the Array, is when the Jury is not sufficiently impanelled.  
XXX. Upon just cause of exception to the Sheriff, & afterwards to the Coroner, the Court shall choose certain persons to return the jury, who are called Esliors.  
XXXI. And then the parties shall never afterwards make any challenge to the array.  
XXXII. Challenge to the Poll, is, when any of the jurors are not fit to pass upon the trial.  
XXIII. This Challenge must be taken before the panel be perused, and shall be tried by two of the jurors chosen by the Court.  
XXXIV. But Challenges that sound not in reproach of the juror, shall be examined upon his Oath which is called examination upon Voire Dire.  
XXXV. He that challengeth the array, if it pass against him (or that he release it) shall never challenge the polls, without showing cause presently, which shall be tried out of hand.  
XXXVI, After Challenge to a juror for one cause, which passeth against the Challenger, he shall not challenge him for another.  
XXXVII. In Indictments and appeals of felony, the defendant may challenge thirty five jurors without showing cause, and this is called a peremptory challenge.  
XXXVIII. When there lacketh some to fill the jury, others of the same sort shall be taken till it be full, and they are called a Tales.  
XXXIX. The Tales must be an even number, and less than the principal Panel, as Decem Tales, Oct● Tales, etc.  
xl. Every Tales must be of less number than the other, as after an Octo Tales, a sex Tales, etc.  
xli. But in Indictments and appeals, that touch life, a Tales may be of a greater number than the principal panel.  
xlii. The Jury being charged, may neither eat no● drink (but by leave of the Justices) before their Verdict given.  
xliii. Doing so before they be agreed, it maked their verdict void, but after they are agreed, it is only finable.  
XLIV. The Jury upon arraignment, acquitting on● that was found guilty of the death of a man upon an enquiry before the Coroners super visum corporis, mus● find who did the fact.  
XLV. The Jury in an Assize of novel disseisin shal● inquire of the plea in abatement.  
XLVI. And therefore in such an Assize no plea i● abatement is answerable.  
XLVII. An Infant bringing an Assize, if a matte● done in the same County be pleaded against him, th● Jury shall inquire of all the circumstances.  
XLVIII. The like inquiry of the circumstance● shall be, if in an Assize brought against him, he plea● to the Assize at large.  
XLIV. If the tenant in a mordancester travers● any point of the writ, yet the jury shall inquire of al● the points, and any one found against the Demandant abateth the writ.  
L. For the better direction of the Jury in their verdict, greater liberty is permitted in pleading a matte● doubtful in law.  
LI. For sometimes a traverse may be omitted.  
LII. Sometimes also, the special matter may b● pleaded together with the general issue.  
LIII. Likewise the Court may be abridged before verdict, so as the original remain true.  
LIV. After acquittal upon an appeal or indictment of felony or treason, he shall never be drawn in question for the same offence again.  
LV. In writs of right and in appeals, that touch life, trial may be by battle at the defendants choice.  
LVI. The battle in a writ of right may be by Champions, who must be freemen.  
LVII. Here, the demandants Champion must have seen him or his ancestors in possession, and thereof take his oath.  
LVIII. The battle in an appeal must be in proper person; and therefore here the defendant is restrained from the choice of Battle (and must needs try it by Jury) if there be any notorious presumption of the fact in him, or imbecility in the Plaintiff: Also against a Peer of the Realm bringing an appeal, the defendant shall not wage Battle.  
LIX. In a writ of Dower, issue taken upon the death of her husband, shall be tried by witnesses.  
LX. In some cases also the trial shall be by the defendants oath, as 1. Where the tenant in a Praecipe quod reddat allegeth, that he was lawfully summoned according to the law of the land. 2. In mere personal contracts growing without deed, or privity of others, the defendant may wage his law.  
LXI. Therefore in such kind of actions executors are not chargeable.  
LXII. No wager of Law shall be against the King.  
LXIII. But wager of law may be upon plaints in Court Barons for personal things under 40 Sh.  
LXIV. An issue of Law (returned a Demurrer) is, when admitting the matters alleged, either of them resteth in the judgement of the Court.  
LXV. The demurrer being joined upon an exception to the original itself, or Count for fault appearing in them, doth only drive the defendant to make a better answer (which is called a respondes ouster) if it pass against him.   

CHAP. 42. Appearance, Continuance, mesne, process.  
I. THus far concerning pleading; the other mean acts are appearance and continuance, or judicial process.  
II. Appearance, is the parties coming into the Court where upon common day given, the fourth day after the very day is allowed.  
III. When the defendant appears not, as he ought he is said to make default.  
iv When the party for not appearing should have some great loss, or corporal pain, he may appear, though the Officers return force him not to it.  
V If the Plaintiff will not appear, when he is demanded at the day, (which is termed a Nonsuit) or say in Court; that he will not sue forwards, (which is a retraxit) this is peremptory, and looseth him his Action.  
VI But in real Actions brought by many, if one will not prosecute, the rest may alone; except in a writ 〈◊〉 nativo habendo, and that is in favorem libertatis.  
VII. For executors also summons and severance lie● in personal actions.  
VIII. If the defendant will not plead (which is ca●led a Nihil dicit) this in all actions is peremptory, 〈◊〉 looseth the action.  
IX. So in personal Actions, if he appear, and after plea or demurrer joined, make default; this is al●● peremptory, and imports a Nihil dicit.  
X. Howbeit, either of the parties may for once be excused of appearance, if they demand it the first day, or any of the four days, unless the other enter an exceception, that no Essoyn be received.  
XI. Also upon every mean appearance a new Essoin lieth.  
XII. And this is called an Essoin de mal venir, or the common Essoin.  
XIII. Besides this Essoyn, there are divers other for special causes allowed, as of being beyond sea, of going ad terram sanctam, of the King's service, and de malo lecti.  
XIV. These last have a year and a day's adjournment, where upon an oath must be taken that the cause is true.  
XV. But no such special Essoin lieth in an Assize of novel disseisin, Dower, Assize of Darrein presentment, and Quare impedit.  
XVI. Continuance is from day to day till the end of the suit.  
XVII. Here, if the Plaintiff do nothing, it is called a discontinuance.  
XVIII. and if any error be in the continuing, as by awarding a Capias, where a distress should be, it is called a miscontinuance.  
XIX. The suit of an excommunicate person shall be put without day, (termed parol sans Jour) till he be absolved.  
XX. So it is also in all other cases, which happen without the Plaintiffs folly.  
XXI. After continuance taken, the defendant may for once, leave his former plea, and plead any thing, growing since this latter continuance.  
XXII. Continuance is by process, or upon the Roll.  
XXIII. That upon a Roll is the dies datus, or Emparlance.  
XXIV. Dies datus, when the Court giveth th● parties day, and this is always before the Count  
XXV, Such a continuance by assent of both the parties is called a Prece partium.  
XXVI. But in Assizes the continuance is, by a Justiciarii nondum avisantur, and not by a Dies datus,  
XXVII. Emparlance is, when the defendant demandeth day, to see if he may end the matter without further suit, which he may do once, but not ofte● without the Plaintiffs consent, and this is always after the Count  
XXVIII. After Emparlance he cannot plead i● the Jurisdiction or person, neither yet in abatement either of the Count or writ, nor demand Oyer of an Obligation, or the like.  
XXIX. But after a special Emparlance, Salvis o●nibus advantagiis, he may plead to the Count or writ and also have Oyer; but not to the Jurisdiction 〈◊〉 person.  
XXX. In an appeal that toucheth life, if the defendant plead a plea, whereby his life should come 〈◊〉 jeopardy, the Plaintiff shall not imparle unto it, b●● must answer sedente curia.  
XXXI. Default after Emparlance is peremptory and looseth the action in all actions real and personal.  
XXXII. Judicial process, is a process out of the Court, where the original is returned, prosecuting 〈◊〉 Action.  
XXXIII. Judicial process are mesne process, 〈◊〉 in nature of new originals.  
XXXIV. Mesne process, which is for any necesary act to be done, not only for the Plaintiff against th● defendant, but for either of them against any other whose presence in the Court may be necessary for them  
XXXV. Upon a fine levied, before it be engrossed, the writs to compel attornment are.  
XXXVI. Per quae servitia, when the fine is levied of a Signiory.  
XXXVII. Quem redditum reddit, when it is of a rend charge or rend seek.  
XXXVIII. Quid juris clamat, when it is of a remainder or Reversion.  
XXXIX. In Petitions, or whatsoever the King (being made party) may be at loss, A writ of search lieth, which is to search in the Treasury before the plea prooeed if by likelihood some matter may be found there to maintain his title.  
XL. In real Praecipes, where a freehold is to be recovered, upon default, after plea, issue or demurrer, a Petit Cape shall go forth to cause the tenant to answer to the default only.  
XLI. So upon a voucher a Petit cape ad valentiam.  
XLII. In such as are for other hereditaments (save in point of Signiory) as annuity, Quare impedit, Quo jure, Quod permittat etc. upon default, as before, a distress shall go forth in lieu of a Petit cape.  
XLIII. The process against jurors is a venire facias to the Sheriff to return them, at which day if they appear not, than a Habeas corpora, and after that a distress infinite.  
XLIV. In an action of trespass (always) whatsoever the issue be, release, justification, etc. and in debt, detinue, account, and other personal actions, which are for things in certain, if the issue be taken upon matter in fait only, and the defendant make default, the jury shall be taken.  
XLV. But if it be upon matter in writing, the plaintiff may there pray judgement, if he will: howbeit, if he do not pray it, the Jury shall be taken by default as in action of trespass.  
XLVI. But in Assizes of novel disseisin, nuisance Mordancestor, Darrein presentment, and Juris ume● the original writ commandeth a jury, as well as th● defendant to be warned, which summons to the jury se●veth in stead of a venire facias, so that the process her● against the jury, is Summons, Habeas corpor, & d●stringas.  
XLVII. And therefore here, upon default after that original process ended, (viz. the Attachments an Assize of novel disseisin, and nuisance, and the summons and re-summons in a mordancestor, Darrein resentment, and Juris utrum) the inquest shall be take● by default.   

CHAP. 43. Commandatorie Judicial process in the nature of new originals.  
1. THus far of mesne process; Judicial process in th● nature of new originals (in none of which 〈◊〉  
II. Freehold shall ever be recovered, but damage● only) are these that follow; first, such as cmomande● do something, as,  
III. Re-summons, and Re-attachment, to receive 〈◊〉 the former plight a suit put without day:  
IU. These may either revive the original alone, 〈◊〉 the whole proceeding by special words.  
V All certificatorie writs.  
VI Certiorari, to remove a Record out of a Count 〈◊〉 Record into the Chancery.  
VI Writs to remove suit out of the Court Baron  
VIII. These may be without showing any cause, the writ, if the remove be at the Plaintiffs suit; b● not without showing good cause in the writ, if it be 〈◊〉 the defendants suit.  
VIII. These are to remove pleas, by writ, or by plaint.  
IX. Of the first sort are Tolt and Pone.  
X. Tolt or Tollas is for the Plaintiff to remove a writ of right out of the Lords Court into the County Court.  
XI. A Pone is to remove into the Common place in all other cases.  
XII. But a Pone, to remove a Replevin by writ out of any other Court Baron, than the County Court, cannot be without showing cause.  
XIII. Of the second sort are a Recordare, and Accedas ad Curiam, in both which nothing but the plaint shall be removed.  
XIV. A Recordare is to remove plaints in the County Court.  
XV. An accedas ad Curiam, is to remove plaints in any other Court Baron.  
XVI. This also (upon good cause showed in the writ) lieth for a tenant to remove the plea in writ of right out of the Lords Court immediately into the Common place.  
XVII. A Mittimus, to send a Record out of the Chancery into another Court of Record.  
XVIII. But the Chancellor may send such a Record by his own hands (without any Mittimus) if he please.  
XIX. A Procedendo, to proceed in suits.  
XX. Of this nature is a writ of consultation, to proceed in the spiritual Court, when one▪ suing there for matters belonging to that Court, is restrained to prosecute the suit.  
XXI. A writ of Mainprize, to set at liberty one bailable, finding bail to answer the action  
XXII. Such persons bailable be they which are taken upon a Capias original.  
XXIII. But not the defendant in appeal of mayhem, if the mayhem be heinous; nor the principal in an indictment or appeal of felony; nor the accessary after the attainder of the principal, nor any in high Treason.   

CHAP. 44. Other judicial Process of the like nature.  
I. A Writ of Recaption, for him whose goods being distrained before for rent, or services, are distrained again for the same thing; hanging the plea in the County Court, or before the Justices.  
II. A Writ de magna Assisa eligenda to the Sheriff to summon four Knights to choose the Grand Assize, when the Miso is joined thereupon in a writ of right.  
III. And this is a mere Judicial writ issuing out of the Common place, when the Plea hangeth there.  
iv A Certificate of Assize upon an imperfect Verdect given in an Assize, to bring in the same Jurors to give a more perfect one.  
V A proprietate probanda unto the Sheriff, to inquire whether the property be to the plaintiff or defendant, when upon a Replevin sued, the defendant claimed property.  
VI And this also may be mere Judicial, issuing o● of the King's Bench, or Common place, and returnable there.   

CHAP. 45. Prohibitory judicial process in the nature of new Originals.  
I SEcondly, hither belong such Writs, as are prohibitory, or restrain from doing some thing, where the prohibition itself is in lieu of a summons, and after that the process is an Attachment and Distress: of this sort are.  
II. Prohibitions to restrain the party from suing in an inferior Court, that ought not to hold plea of it.  
III. Such a prohibition is an indicavit for the defendants Patron, when the right of advowson in any part of ones tithes is in demand in a spiritual court, between two Clerks, claiming from several Patrons  
iv A Supersedeas, to stay any further proceeding in a suit.  
V Of this nature are, a writ of peace, for the tenant upon a writ of Right brought in the Lord's Court, vouching one to warranty out of the power of that court which is called a Foreign Voucher, or joining the mice upon the grant Assize, to have the matter respited, until the Justices in Eyre come thither, which writ, if he bring not, after such voucher or mice joined, he looseth his tenancy.  
VI De libertate probanda, for the Defendant upon a Nativo habendo in the County Court, claiming to be frank, to the Sheriff, to adjourn the plea before the justices in Eyer  
VII. Identitate nominis, for one molested by a suit against another of the same name.  
VIII. Protections cum clausula volumus, when the King (in respect of the defendants being in his service) taketh him into his protection for one year to be free from all suits.  
IX. Therefore such a protection shall for that time save all defaults.  
X. Howbeit writs of Dower, Quare impedit, Assizes of novel disseisin, and pleas before the Justices in Eyre are accepted.  
XI. This kind of protection is double, viz. Protectio quia profecturus, when he is to go beyond sea in the King's business.  
XII. And Protectio quia moratur, when he stayeth there about it.  
XIII. Of this nature also is a protection quia in prisona, when being sent beyond sea in the King's wars, he is there taken and detained in prison.  
XIV. The King may take his Creditor into his protection, that no other Creditor shall sue or arrest him, till the King be satisfied.  
XV. He may also by a writ called Warrantia Dei, (rehearsing that one which should appear, in proper person, is in his service) will, that for one day, no default be recorded, upon him.  
XVI. Essoin de malo lecti, which is a writ to warrant an Essoin of lying sick a bed, cast by the tenant in a writ of right; Commanding four Knights to see him; and if he be sick, to give him adjournment of a year and a day.  
XVII. A ne admittas, for either party in a Quare impedit, or Assize of Darrein presentment, to the Ordinary, not to admit the others Clerk, till the matter be discussed.  
XVIII. This writ must be sued within six months otherwise the Ordinary may present by lapse.  
XIX. A Quare incumbravit, for him that sueth a Ne admittas and afterwards recovereth in a Quare impedit against the Ordinary for imcumbring the Church, contrary to the Ne admittas.   

CHAP. 46. The Judgement.  
I. THus far of suit: Judgement is the Courts final determination of the suit.  
II. Upon judgement against the King in a petition, he is presently out of possession.  
III. In a writ of right, the judgement after issue joined is final on either side.  
iv Against the King, judgement is not final, but is always with a Salvo jure Regis.  
V Recovery in a writ of right binds all strangers, not claiming within a year.  
VI Tenant for life suffering a wrongful recovery, it shall not prejudice his right, that hath the Inheritance, though he be prayed in aid, and make default.  
VII. For after the death of tenant for life, he may falsify it by action, of ad terminum qui preteriit, or writ of right, which is called falsifying of a recovery.  
VIII. In a writ of Dower feme Guardian in soccage against Guardian by Knight service, she shall at his prayer be adjudged to endow herself wholly of the land in soccage, and this is called Dower de la plus beale.  
IX. A debt acknowledged in a Court of Record either to the King, or a common person, is in the nature of a judgement, and called a Recognizance.  
X. In appeals of mayhem, and in Indictments or appeals of felony, the accessary shall not be compelled to answer, till attainder of all the principals.  
XI. He that is, or (by possibility) may be within Orders, namely, a Deacon at the least, may have the benefit of his Clergy, if he be found culpable of any bare-felonie, where life and member is to be lost.  
XII. This possibility (there being no other impediment) shall be tried by the judges by his ableness to read a verse.  
XIII, Clergy is the delivering of him to the Ordinary to be kept in prison.  
XIV. If it be before judgement (in which case he is called a Clerk convict) he shall be tried there by a jury of Clerks, and therefore purging himself shall go at large.  
XV. Not purging himself, but being found culpable by those Clerks, he shall be only degraded.  
XVI. But upon an appeal, no purgation shall be allowed.  
XVII. A Clerk convict shall answer to any offence committed before.  
XVIII. A Clerk convict forfeiteth his chattels.  
XIX. Notice must be given to the King of the time, before the party make purgation.  
XX. If the Clergy be after judgement (in which case he is called a Clerk-attaint) he shall remain in perpetual prison.  
XXI. Outlawry is a judgement in itself.  
XXII. So is abjuration.  
XXIII. The offender upon a presentment in a Leet, or Sheriff's turn shall be amercied.  
XXIV. The Defendant in an appeal of felony, being acquitted, shall have judgement also to recover damages against the Plaintiff.  
XXV. The Plaintiff recovering in a suit shall be allowed his costs.  
XXVI. These judgements have their judicial Writs belonging to them, both mere judicial writs for the execution of them, and new originals in the nature of judicial writs, to undo some matters concerning judgements.  
XXVII. Mere judicial Writs in real, or personal actions▪ are either such as lie only within the year and day after the judgement rendered, or a Scire facias.  
XXVIII. Those of the first sort are between the party to the recovery, and in the same Court where the recovery was.  
XXIX. Of this kind are upon recovery in real and mixed actions.  
XXX. Habere facias seisinam, to put him in possession upon a freehold recovered, in an Assize, Precipe quod reddat, etc.  
XXXI. A writ to the Bishop to admit one's Clerk upon a presentation recovered in a Quare impedit, or Assize of Darrein presentment.  
XXXII. Those upon a recovery in personal actions are of two sorts, viz. to have execution of his possessions, or against his body.  
XXXIII .. Execution of his possessions, is either of his lands, or chattels, or both.  
XXXIV. That of the land, is either of the land itself, or of profits out of the land.  
XXXV. Execution of the land itself is an Habere facias possessionem, upon a term of years recovered in an Ejectione firmae etc.  
XXXVI. Executions of his chattels is a Fieri facias, to levy execution of his goods and chattels only.  
XXXVII. Execution of his lands and chattels, is a Levari facias, to levy execution of the profits of his lands and chattels.  
XXXVIII. Here, execution shall be of any land, which the party had the day of the judgement rendered, but for chattels (though it be a lease for years) only those, which he had the day of the execution sued.  
XXXIX. But in Court Baron's execution is only by distress, and impounding till the party be satisfied  
XL. The King may have a distringas to levy an amerciament, or such like by distress and sale, whether it be an amerciament in the Leet, or Sheriffs turn, or otherwise.  
XLI. Execution against the body is a Capias ad satisfaciendum, to take the body in execution for satisfying of the party.  
XLII. This is only (in a personal action) where a Capias lay.  
XLIII. Here an Exigent shall be awarded upon the first Capias.  
XLIV. Of this nature are two special writs by the King's Prerogatory, Capias pro fine Regis, and Capias utlagatum.  
XLV. Capias pro fine, when the party is adjudged to pay a fine to the King.  
XLVI. Capias utlagatum, to take one that is outlawed  
XLVII. These are the judicial writs within the year and day.  
XLVIII. A Scire facias, is to warn the defendant upon recovery in real actions, to show cause why the plaintiff should not have execution.  
XLIX. Here, upon a Nihil returned, execution shall be presently against the parties to the Judgement.  
L. In case of life, the Judge may command execution to be done without any writ.  
LI. A woman quick with child shall for once (an● no more) be respited execution.  
LII. Here, the trial shall be by a Jury of women and the writ for it is called, A writ De Ventre inspi●endo.   

CHAP. 47. A writ of Error, False Judgement, Attaint, Audita Querela.  
I. THe new originals in the nature of judicial writs to undo some matters concerning Judgements are either writs grounded upon Error, or an Attaint, and Audita querela  
II. Writs grounded upon Error, are a writ of Error and false Judgement.  
III. Both these lie upon any error in the proceeding.  
IU. But error in process may the same term be reform in the same Court.  
V The process here is a Scire facias.  
VI The party bringing a writ to reverse error in the Judgement, may have a super-sedeas to stay execution, till the error be discussed.  
VII. A Writ of Error is upon an error in a Court of Record.  
VIII. This may be sued in the King's Bench, or Parliament.  
IX. In the King's Bench, when the error is in the Common place, or other inferior Court of Record.  
X In the parliament, when the error is in the King's Bench, and this is returnable before the King and the Lords only.  
XI. A writ of false Judgement is upon error in a base Court.  
XII. An Attaint, is to inquire, whether a Jury of twelve men gave a false verdict.  
XIII. This must be brought in the life of him for whom it passeth, and of some of them that gave it.  
XIV. It lieth only in personal actions other then trespasses.  
XV. The Jury here, (called the Grand-Jury) are twenty four, who are to be warned the first day.  
XVI. The process against the party is summons, re-summons, as in Mortdancestor, etc.  
XVII. The process against the petty Jury is Venire facias, and distress.  
XVIII. The petty jury must be all present, when the Grand jury is taken, and may plead in bar of the attaint, but not in abatement of the writ.  
XIX. The Plaintiff in the Attaint can give no more Evidence than was given at the first; but the defendant in affirmance of the first verdict, may.  
XX. Audita querela, is for one being, or to be in execution, to relieve him upon good matter of discharge, which he hath no means to plead.  
XXI. The process where the Audita querela is sued before execution, is a venire facias and distress, and upon default after appearance and plea pleaded, a distringas ad audiendum judicium; for thereby judgement is to be given against him.  
XXII. In case of an Audita querela sued before execution, he may have a supersedeas upon good matter of discharge surmised in the writ of Audita querela, to stay for once the execution upon sureties.  
XXIII. After execution the process is only a Scire facias; for if the process should be by distress infinite peradventure the party should lose issues to keep the others body in perpetual prison.   
FINIS.   

STATUTES:  

CHAP. I.  
Rule 1. IN the second Volume of old Statutes is a long Act made Anno 12 E 1. entitled Statuta Walliae, whereby it appeareth, that Wales was then incorporated into England, there are also many good Laws concerning the division of Wales into Counties, also for trials of Actions, together with divers forms of Writs, and the proceeding thereupon, much like the Laws of England, etc.  
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 seals, an union may be made of two Churches, being not above six pounds yearly value in the King's 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 Corporation.  
If such a poor Parish will within a year assure by writing to the incumbent and his successors, 8 l. yearly the union shall be void.  
Rule 36. etc. 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 Gloucester, 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 year, and so from Lord to Lord, till it come to the King.  
Westm. 2. 32. 13. E. 1. Ecclesiastical persons being debarred by the former statutes to obtain lands in Mortmain by alienation, endeavoured 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, than 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. Before licences are obtained to Amortize lands, the writ Ad quod damnum, shall issue out of the Chancery to inquire concerning the same, etc.  
The statute of Amortizing of Lands, 34. E. 1. Lands shall not be aliened in Mortmain, where there be mean lords without their consents declared under their seals, neither shall any thing pass, where the donor reserveth nothing to himself, or where the inquisition is made, and returned without warrant, viz. without the writ Original returned with the inquisition, etc.  
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 beneficed, or other people of religion, being impeached for purchasing lands in mortmain, show the King's charter of licence, & process thereupon made by an Inquest of Ad quod damnum, or of the King's grace or by fine, they shall be in peace: And albeit they cannot sufficiently show that they have entered by due process licence to them granted, yet they shall be well received to make a convenient fine for the same.  
Stat. 15. R. 2. 5. Lands converted to a Churchyard, or purchased to the use of any spiritual person, Guilds, or Fraternities, or by a corporation shall be within the Statute of Gloucester, 7. E. 1.   

CHAP. 2.  
Rule 3 PRaecog Reg. 9 17. E. 3. The King shall have the custody of the lands of natural 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 lunatics be safely kept without waste, and that they and their families (if they have any) shall be maintained 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 thereof to his own use: But if they die in such estate, the residue shall be distributed for their souls by the advice of the Ordinary.  
Rule 4. Stat. 1. R. 3. 1. All grants, conveyances recoveryes 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 judgement, statute or recognizance shall be good against Cesty que use.  
The heir of Cstey que use shall pay relief, heriot, etc.  
Cesty que use being a Bond man, the Land shall be seized by the Lord.  
Stat. 27. H 8. 10. Where any be seized to the use of trust of another, Cesty que use, or trust shall have the possession in such quality, manner, and condition, as he had the use or trust: so when any be seized 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. Bargains and sales to raise an use of Inheritance or freehold must be by deed indented and enrolled within six months, 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 chattels, made of trust to ones own use, shall be void.  
Stat. 13. El 5 Every gift, grant, bargain, and conveyance of lands, or chattles, or of a lease, rent, common, or other profits out of them, and every bond, suit, judgement and execution had or made for the defrauding of any persons just action, suit, debt, account, damage, penalty, forfeiture, heriot, mortuary, or relief, shall be void against that person, his heirs executors, etc.  
The parties, or privies (knowing such a fraudulent gift) which shall justify it to be done bona fide, or shall 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 and chattles, and the sum of such covenous bond, and shall have half a years imprisonment.  
This Act extends not to common recoveries, nor vouchers in a Formedon, nor to any gift, etc. bona fide, and upon good consideration to any person, not knowing of the fraud.  
Stat. 27. El. 4. Every conveyance, grant, charge, lease, estate, encumbrance, or limitation of use of lands, tenements, or hereditaments made for the defrauding of purchasers of the land itself, or any part, or profit out of it, shall be void against the person so purchasing for money, or other good consideration, and against all claiming under him, with penalty, as in the former Statute.  
This extendeth not to the avoiding of any grant, etc. upon good consideration and bona fide  
If any such conveyance, etc. 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, etc. for money, or other good consideration (the conveyance not revoked nor altered) then such conveyance, etc. shall be void against the bargainees, etc. and all claiming under them, lawful mortgages only excepted.  
Rule 11. Praecog. Reg. 15. 17. E. 2. The King's gift or grant of land, or a Manor cum pertinentiis, conveyeth, not Knights fees, advowsons, or dowers, without express words.  
Stat. 1. H 4. 6. In a petition to the King for lands, annuities, offices, etc. their value shall be therein expressed; 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 contained by, or conveyed from the King within seven years after the fourth of February, in the 27 year of his reign, notwithstanding any misrecital, non-recitall, etc. with divers provisoes, etc. therein contained.  
Stat. 1. E. 6. 8. Such another Statute for the confirmation of all grants, made, and to be made by E. 6. from the 28 of January in the first year of his reign, and so during his life, with such provisoes, etc. as in the said Act of H. 8.  
Stat. 4, 5 P.M. 1. Another like Statute for the confirmation 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 all 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, etc.  
Stat. 43. El. 1. Another confirmation of grants made by Queen El. from the eight of February in the 25 year of her reign, until the end of this Session and a year after.  
Stat. 21. Jac. 25. The King, etc. shall not take advantage of Forfeitures against his Patentees, before Commission Process, etc.  
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 only, 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 reversions, 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 King's pleasure (the first Patentee being still in life) the last grantee shall express in his Petition or patent the former patent, and the determination of the King's pleasure concerning the same, otherwise the last grant shall be void.  
Rule 15. Gloucester 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 common order of the Church be otherwise.  
Stat. 9 H. 6. 11. No writ shall be awarded to the ordinary to certify Bastardy, before three Proclamations be made in Chancery in three months, viz once every month, 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 lawful age; yet the principal with usury due before the Ancestors death shall be paid, notwithstanding this Act.  
Rule 10. Stat. 32. H. 8. 33. The dying seized of a disseisor with force, and without title, taketh not away the entry of him and his heirs, who at the time of such descent had good title of Entry, unless 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 condition (viz. that if the donee or donees should die without issue, 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 donee 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 immediately after the death of the husband and wife, to whom the land was given, it shall return to their issue, 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 altered 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 valour 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 message forty days, within which time her dower shall be assigned her: If the chief message be a Castle, than she shall have a competent house provided her, till her dower be assigned.  
Westm. 2. 34. 13. E. 1. A woman that leaveth her husband and abideth with an adulterer, shall not have Dower; unless the husband (voluntarily and without coercion 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 jointly with her husband, or only to herself, or to her use in any lands, etc. of the inheritance or purchase of her husband, or given to the husband and wife by the husband's ancestors, or any seized 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 void, 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 Husband's death, but if the woman were sole, the recovery or discontinuance barreth her for ever.  
This Act extends not to any recovery or discontinuance with the heir next inheritable to the woman, or by his consent of Record enroled.  
Stat. 27. H. 8. 10. Where an estate is made in possession 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 wife's life for her Jointure; In any of these cases she shall not have Dower: Howbeit upon a lawful eviction of that Jointure she shall be endowed according to the rate of her husband's land, whereof she was dowable.  
Such a Jointure being made after marriage, the wife (after the husband's death) may refuse it, and betake her to her Dower, unless such Joyntute be made by Act of Parliament.   

CHAP. 7.  
Rule 7. STat. de districtione Scaccarii, 51. H. 3● The owner of impounded  may give them food without disturbance.  
A distress taken for the King's debt shall not be sold within 15 days, and upon showing of a Tally, and giving security for his appearance in the Exchequer upon the next account, the distress shall cease● The Sheriff shall also attach the party that received the debt, to be there likewise at the same time.  
Neither draught , nor sheep shall be distrained (except for Damage-feasant) so long as other goods may be found to satisfy the debt: Distresses shall be reasonable: The Sheriff shall answer all debts received, and where the Sheriff chargeth himself, the debt shall be quitted.  
Marlebr. 15. 52. H. 3. It shall not be lawful for any (except the King and his officers, having special authority) to take distresses out of his fee, or in the King's high way, or in the common street.  
Marlebr. 4. None shall drive a distress out of the County, wherein it is taken, in pain to be fined, and to make recompense to the party grieved: none shall 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 penalties provided by the Statute of Marlebr.  
Westm 2. 36. 13. E. 1. None shall procure any to distrain another to make him appear at the county court or any other inferior 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 triple damages.  
Westm. 2. 37. 13. E. 1. No distress 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 Highway, nor in the ancient fees of the Church.  
Stat. 1, 2. P.M. 12. No distress of Cattles 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 distress be impounded in several places, whereby the owner may be constrained to sue several Replevins for the delivery thereof in pain to forfeit to the party grieved for every offence committed against the Act. 5 l. and triple damages.  
None shall take above 4 d. for the poundage of one whole distress (and where less is usually taken, to take less) in pain 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 services 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 Barony, etc. Escheat to the King, the tenants that hold of the same (not having other lands that hold of the King in chief) shall pay like relief, and do like services to the King after such Escheat, as they paid or did to their former Lords, and not otherwise.  
Stat. 1. E. 6 4. So also it is, when a Signiory cometh 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 forfeited, but a reasonable fine shall be taken (of such lands so aliened) by due process in Chancery. A● cap. 13 lands holden of the King, as of some Honour sh● not be taken into the King's 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 respiting 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 Lord's Court unless he be bound to do it by the form of his deed or he or his ancestors have used to do it, before the King's first voyage in Britain, being about 39 years and an half before the making of this Statute.  
The eldest Coparcener shall only do suit of Court and the other parceners shall be contributory: 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 Knight's fee, and as much for 20. l. land i● soccage; and so more or less, 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 die 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 King's 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 former Statute.  
Rule 43. Marlbr. 17. 52. H. 3. Guardian in soccage shall make no waste, sale, or destruction of the heirs inheritance, 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 account, saving his reasonable 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 years) have his inheritance without relief or fine; and if the heir within age be made a Knight, yet his land shall remain in ward, until his full age aforesaid.  
Marlebr. 6. 52. H. 3. If one enfeoff 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 years) to him and his heirs, if the feoffees pay not a certain sum to the value, or more than 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 aver it, shall render the feoffees their costs and damages,  
Stat. 32. H. 1. Two Jointenants or more holding of the King, and he that hath the fee dyeth, the King shall 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 years old, or above) marry 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, until he may receive the double value of the marriage.  
If a Lord marry the heir within 14 years of age whereby he is disparaged, he shall lose the Wardship and the profits of the lands shall (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 years after their age of 14 within which two years if he marry them not, they shall g● quit without giving any thing for the wardship or marriage, and If they will not except a convenient marriage tendered by the Lord, he shall hold the land till their age of 21 years, 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 years, or of the custody and against the will of the father or mother of such child, 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 Mistress of such child, or her Guardian in Soccage or Chivalry (in pain of two years' imprisonment 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 child, 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, (except by the title of Wardship) in pain of five years' imprisonment, or to pay a fine to be assessed by the said Council. The Fines are to be divided betwixt their Majesties and the prosecutor.  
The said Council and Justices of Assize have power 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 matrimony, the next of the kin to whom her inheritance should come, shall enjoy it during her life? but after her decease, it shall revert to the right inheritor, other then to him, that did so contract matrimony. This act shall not prejudice any custom in London, or any other City 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 together with free ingress and regress to enjoy the same.  
West. 2 46 13 E. 1. Such a Lord may approve in like sort against his neighbours which have common appurtenance, and for a Windmill, Sheepcote, Dairy, enlarging 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 Towns adjacent, they shall make it up again, and render damages.  
Stat. 3. E. 6. 3. Upon judgement for the Plaintiff in an Assize upon any branch of the said Statutes of Merton and Westm. 2. the Court shall award triple damages  
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 exceeding two acres.  
Stat. 43. El. 11. All contract made betwixt Lords and Commoners of wastes, etc. subject to surrounding shall be good, save where the Queen, etc. hath an Interest. This Act shall not be prejudicial to Lords and Commoners in any part of wastes, not assigned to Drainers, etc. nor to any Port or Haven.   

CHAP. 9  
Rule 3 STat. 19 H. 7. 15. Upon a feoffment made to the use of a Villain, the Lord may enter into the land itself.  
Rule 7. Stat. 9 R 2 2. In a suit by a Villain against his Lord, the Lord shall not be barred of their Villeins, 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 receipt, controlment, or payment of the King's money, or revenue, or any account, Aulnage, Auditorship, or Surveying of the King's Lands, or Customs, or Administration, or Attendance in any Customhouse, or keeping of any of the King's Towns, Castles, or Fortress (being places of strength or defence) or any Clerkship 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, etc. shall forfeit all his Interest in such office or deputation, etc. and the buyer be a disabled person to enjoy the same. And all bonds, etc. 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 Office, etc. shall remain good.  
This sttatute extendeth not to any Office of Inheritance, or to any parkership, or to any offices to be given by the Chief Justices of the King's Bench or Common place, or by any justices of Assize.   

CHAP. 10  
Rule 2. STat. 27. H. 8 24. No subject shall have authority to pardon any felony, or any accessories to felony, or any outlawry for such offences. Nor to make any justices of Eyre, Assize, Peace, or Gaole-delivery: All original Writs, Indictments of treason, felony, tre pass, and process upon the same shall be only in the King's 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 supposed to be done against the King's peace only, 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 insufficient returns of process, or for any misdemeanour 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 account, and the action and process in the same writ, as their testator should, if he had lived.  
Stat. 4. E. 3. 7. 1. Executors shall have an action for a trespass done to their testator, as of his goods and chattels 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 chief, an● other land holden of a common person by soccage, and none holden by Knight-service: saving to the King's primer seisin, relief, suing of the same out of the King's hands, fines for alienation, etc. and all other dutie● for the soccage in chief, as before hath been accustomed.  
He that hath lands, etc. 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 divided 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, etc.) and finds for alienation.  
He that hath lands, etc. holden by knight-service (whether of the king alone by knight-service, not in chief, or of a common person, or some 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, etc.  
Provided, that every one shall sue his livery, and pay his relief and heriot, as if this Act had never been made.  
Stat. 34. 35. H. 8 The former Statute shall be extended to enable devises, and other Acts only by Land in Fee-simple.  
And if the party, that maketh the will or other Act be seized in Coparcenerie, or in the common; it shall be good for so much, as in himself of right is.  
The wardship, relief, primer seisin, etc. shall be of lands, that descend immediately 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 than two parts.  
Such wils made by a feme-covert, infant under the age of 21 year's Idiot, or one of non-sane memory 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 join with them.  
Rule 11. Stat. 25. E. 3. Stat. 5 5. Executors of executors shall have actions of debt, account, 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 Ordinary shall satisfy debts, wherein the Intestate was bound, as executors 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 Ordinaries, as executors should.  
Stat. 21 H. 8. 5. Administration shall be committed to the widow of the Intestate, or to the next of his blood, or to both, at the discretion of the Ordinary. The Ordinary 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, etc. 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 seized in the right of his wife or Church (they being of full age at the time of such a lease made) shall be good against the Lessors, their wives, heirs, and successors.  
This Statute shall not extend to any lease to be made of lands in the hands of any Farmer by force of a● old lease, unless 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 impeachment 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, etc. may (after the death of such lessor, o● his heirs) have such remedy against such lessee, his executors and assigns, as such lessor might have had against such lessee.  
Provided, that all leases made by the husband of land, etc. (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 heirs of the wife. And here, the husband shall not alien or discharge the rent, or any part thereof longer then during the coverture, unless it be by fine leived by husband and wife.  
No fine, feoffment, or other act, done by the husband only, of the inheritance or freehold 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 only excepted.  
Stat. 1. El. not printed. All estates made by any Archbishop, or Bishop of any manors, Lands, etc. parcel of their Bishopric, other then to the Queen, etc. and other then for 21 years and three lives from the time of such estate made; and whereupon the accustomed yearly rend or more shall be reserved▪ shall be void.  
Stat. 13. El. 10. All leases, conveyances, and estates made by any master and Fellows of a College Dean and Chapter, Guardian of an hospital, Parson, Vicar, or other having any ecclesiastical living etc. other then for 21 years, or three lives from the making, and whereupon the accustomed yearly rend 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 situate in Corporations, or Market-towns, 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 shall be made of such houses, nor without reserving the accustomed yearly rend at least nor without charging the less●● with reparations, nor for a longer term than 40 years Neither shall any such houses be aliened without purchasing 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, surrendered, or ended with three year's next after the making of such new lease shall be void: And all Bonds & Covenants for renting 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 Churches during wardship, particular estates, Coverture 〈◊〉 Vacanci, shall not bar the heir at full age, the reversener 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 assize of Darrein presentment, as their ancestor, or predecestor might have had, usurpation had happened 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 defendant alleged plenartie of his own presenati●● the plea shall not stay by reason of the plenarty, so 〈◊〉 the writ be purchased within the six months; 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 amongst 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 judgement 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 challenge 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 shall not be received to wage Battle.   

CHAP. 15.  
Rule 2. WEstm. 1. 33. 3. E. 1. he that publisheth any false news or tales, whereby discord or occasion of discord & slander may grow between the King & his people, or the Nobles, shall be kept in prison, until 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 advice of the Council.   

CHAP. 19  
Rule 4. 31. E. 3. Stat. 1. 2. If any man or Town, charged with the goods of fugitives or felons will (in discharge of himself) allege 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 arrested for suspicion of felony before he be convict or attaint 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 action of debt, etc.  
Rule 6. 1. E. 6. 12. The wife shall be endowed, albeit her husband were attainted, convicted, or outlawed for treason or felony, 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 meadows, etc.  
Rule 18 Stat. 21. H. 8. 7. (made perpetual by 5, El. 10.) the servant that hath any goods or chattels delivered unto him to keep by his master, and (with an intent 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 40 s. Howbeit, this extendeth not to apprentices or persons within eight years of age.  
Rule 21. Stat. 21. H. 8. 11. where a fellow robbeth or taketh the money or goods of any, and is thereof found guilty, or otherwise attainted upon evidence given by the party himself, 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 money or goods so rob or taken, in like manner, as if the fellow were attainted at the suit of the party in an appeal.  
Rule 23. Stat. de Malefact. in parcis, 21. E. 1. It is no felony for Foresters, etc. to kill misdoers, etc. If they will not submit themselves.  
Rule 25. Gloucester 9 6. E. 1. He that killeth a man by misadventure, or se defendendo, must put himself upon 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, Treasurer, etc. as in the second Rule of this Chapter. Also to counterfeit currant money: To bring false money into this Realm sergeant according to the money of England (knowing the same false) to merchandise or make payment with it. To counterfeit the great Seal or privy seal.  
Stat.. 1. Mar. Sess. 1. 6 Seal-manuel, privy signet, or privy seal, strange coin currant in this Realm.  
Stat. 1. 2. P.M. 11. To bring wittingly false foreign coin hither, 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 only; but no loss of Dower or blood corrupted.  
Satt. 18, El. 1. To impair, diminish falsify, seal, or lighten any money by any art, ways, or means whatsoever.  
Stat. 1. El. 1. &. 6. Stat. 13. El. 1. Treason, to advance the Pope's authority, etc.  
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 Parliament And the King shall have the real possession of eve●● thing forfeited without inquisition or office: saving strangers, etc.  
Stat. 29. El. 1. No record of attainder of treason sha●● be reversed, where the party attainted is executed 〈◊〉 the same offence.  
Stat. 20. H. 10. and 5. 6. E. 6.. 11. Any offence (〈◊〉 treason heretofore) committed out of the limits of 〈◊〉 Realm, shall be inquired here by commission, and 〈◊〉 process used, as if it he had been done within the Real● One Resiant out of the limits of the Realm may 〈◊〉 outlawed for high Treason: An estate Tail shall be forfeit for high Treason.   

CAAP. 22.  
Rule 2. 36 E. 3. 15. All pleas which be pleaded in ●ny of the King's Courts etc. or in the Courts of other Lords shall be pleaded, showed, and defended, answered, debated, and judged in the english tongue and entered and enroled in Latin.  
Rule 7 14. E. 3. 6. No process 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 other.  
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 judgement, as before so long as such record or process shall continue before them▪ Stat 4. H 6. 3. The Statute of 9 H. 5. 4. is made perpetual: provided it shall not extend to records or processes in Wales, or whereby any person is outlawed.  
Stat. 8. H. 6. 12. No judgement or record shall be reversed or annulled for error assigned by reason of the raising or interlining of any record, process, warrant writ, panel, 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, process, word, plea, warrant, writ, panel, or return (except appeals, indictments of treason, or felony, and- the outlawries of the same, and the substance of the proper names, surnames, and addition, left out in original writs, exigents, and in other writs of Proclamation, contrary to the statute of 1 H. 5. 5.) so as by such misprision of the Clerk no Judgement shall be reversed or annulled. Variance alleged between a Record and the Certificate thereof shall be amended by the Judges.  
Stat. 8 H. 6. 15. The Justices may amend the misprisions and defaults of Clerks of the Court, or of Sheriffs and their Clerks, and of all other Officers whatsoever, found before them in any record or process, 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 dependences of the same.  
Stat. 27. El 5 After demurrer joined and entered, the same Court amended all imperfections, defects, and wants of form, other than those only, which the party demurring shall particularly express in his demurrer. Howbeit, his Act shall not extend to the proceed in an appeal of felony 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, upon writs delivered, or offered to be delivered him by bill: so upon returning a Mandavi Balivo libertatis falsely: Upon any resistance of any great man to execute the King's precepts, the Sheriff shall take the Posse ●●mitatus, and see it served: See 2 E 3. 5.  
The Stat. of York 5. 12, E, 2. Bailiffs of Franchises ma● deliver their returns of writs to the Sheriffs by Indenture, 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 〈◊〉 returns.  
Stat. 27. El. 12 Every Under-Sheriff, Bailiff of Franchise, Deputy, Clerk of the Sheriff, etc. must take 〈◊〉 oath of Supremacy, and another oath for the true speedy and indifferent returning of writs, and impanelli●● of Jurors, without taking above the fees allowed.  
Stat. 29. El 4. No Sheriffs, Undersheriff, Baliffe 〈◊〉 a liberty, or any of their Deputies shall either directly or indirectly take more for serving an extent or execution, then after the rate of 12 d. for every pound under 100 l. and 6 d. for every pound above 100 l. of what they shall so levy, in pain to forfeit triple damages 〈◊〉 the party grieved, and besides 40 l. to be divided betwixt the Queen and the prosecutor.  
Rule 11. Stat. 1. E 34. Stat. 1. Averment given in a writ of false judgement against the record certified▪  
Rule 26. trinity Term shall begin the monday after Trinity Sunday for keeping of Essoines, proffers, returns, etc. the full term shall begin the Friday after Corpus Christi day, and have four returns only, Crassino Trin. Octabis Trin. Quindena Trin. and Tres Trin. the rest are cut off: also by a late Act the two first Returns of Michaelmas Term are abridged.  
Rule 37. 18. H. 6. 1. The King's 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 Interest in any land or office by or under authority of the King's Letters Patents (made after the fourth of February 27. H. 8.) may make his title, plea, avorwie, etc. as well against 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. ●● Queen M.P. &. M. and Qu. Eliz. and all claiming under them.  
Rule 49. Stat. 14. E. 3. 8. Escheators shall not continu● in their office above a year.  
Rule 51. Mag. Cart. 35. The Sheriff 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 Sheriff 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 taken before Sheriffs, or their Ministers at their turns or law-days, they shall not attach, arrest, or imprison, nor levy any fine or amerciament of any person so indicted (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 hereupon, as if they were taken before them.  
Stat. 1. R. 3. 4. None shall be returned upon a panel of inquiry for the Sheriffs Turn, but men of good name and fame, having within the same County  land to the yearly value of 20 s. or Copyhold land to the yearly value of 26 s. 8 d. and every Indictment ortherwise taken shall be void.  
Rule 55. Westm. 1. 10. 3. E. 1. Coroners shall be chosen in all counties of the most wise & discreet Knight Sheriffs shall 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 shall have sufficient 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 lawful 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 require of and punish the defaults and extortions of Coroners.  
Rule 57 Artic. super Cart. 3. 28. E. 1. They shall behold plea of any contracts or covenants, but such as 〈◊〉 of the King's house maketh with another of the 〈◊〉 house: Nor of any trespass, unless the party were ●●tached, and the plea determined before the King's departure from the place, where the trespass was committed, Any thing attempted here against is void▪ Pleas of felony (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 shall be taken by the men of the country about, 〈◊〉 by none of the King's house, except it be in Covenants, contrasts & trespasses, when either party is of the King's house.  
Stat. 13. R. 2. Stat. 1. 3. the jurisdiction of the Steward and Marshal of the King's house shall extend no further than twelve miles from the King's Lodging.  
Stat. 15. H. 6. 1. The defendants may aver, that themselves and the Plaintiff (at the time of the Suit commenced) were not of the King's house against the Record.  
Stat. 33. H. 8. 12. The Lord Steward of the King's house alone, or (in his absence) the Treasurer and controller of the king's house with the Steward of the marshalsea 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 bloodshed, within the king's house, although the king be removed before: the enquiring and verdict must be by the King's household servants in the Check-roll: No Clergy or Sanctuary is given to any, found guilty before them.  
Rule 60. 17. E. 4. 2. made perpetual 1 R- 2. 6. No Plea shall be holden in Court of Pipowders, unless the Plaintiff 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 otherwise, forfiteth 5 l.   

CHAP. 23.  
Rule 2. Gloucester 8. 6. E. 1. Attorneys may be made in all pleas, where appeals 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. sup. 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 claimeth were in possession, or took the profits, by the span of a year next before upon pain that the seller, etc. shall forfeit the value of the land, and likewise the buyer, knowing the same, provided, he that is in lawful possession by taking the yearly profits, may buy, etc. another's pretenced right, etc.  
Rule. 7. Stat. 6. R. 2. 2. Debt, account, and all such actions shall be brought in the County where the contract, etc. 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 Ancestor 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 Cozenage, 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 years.  
In a Mortdancester, or any other possessory action (upon the possession of his ancestor or predecessor) shall be within 50 years.  
A writ of the possession of the Plaintiff himself 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 facias 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, Quare impedit, Assize of Darrein presentment, Jure patronasus, 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 alleged in such cases shall be as it was in the Common Law, before the making of the said statute.  
Stat. 21. Jac. 2. The time of prescription for lands concealed from the King is sixty years before the making 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 acknowledgement of villeinage, if the demandant or Plaintiff will aver, that he that allegeth 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 husband's death, upon his losing of the land by default, and the Tenant that recovered against the husband must maintain his own right.   

CHAP. 27.  
Rule 4. WEstm, 2 20. In a Writ of Cozenage 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 Descender is also given by this Statute to the heir in tail upon a descent from his Ancestor dying seized 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) recover damages, viz. the value of her Dower from her husband's 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 habet shall not abate, though she have received part of her Dower before the writ purchased, unless 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 Frankmarriage, 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 distress, 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 Sheriff find him within that half year, 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 distress day must be given, that three County days may be held before the return, 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.  
Gloucester 4. 6. E. 1. & Explanat. 4 When land is given in Fee farm, rendering or doing so much as amounteth to the fourth part of the value of the land, if he (whose land is charged) let it lie fresh by two years, so as no distress can be found in it, nor render or do that which is contained in the writing, the other shall recover the land by a Cessavit; but the tenant coming before, judgement if he render the arrearages and damages and find sufficient to do from thenceforth that which is contained in the writing, shall 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 lieth also for the Lords heir, against the tenant, his heirs and Alience.  
Westm. 2 41. If religious houses, that have land given; etc. withdraw the Alms, etc. by two years, the donor shall have the like action.   

CHAP. 29.  
Rule 7. MArlbr. 9 52. H. 3. The process in a Sella ad molendinum is attachment, venire facias, and the grand distress: see also there the order of proceeding in that action.  
Rule 9 Stat. 25. E. 3 Stat. 3. 3  King's Collation to a benefice (being found before Judgement to be untrue) shall be repealed.  
Marlbr. 12. 52. H. the process in a Quare impedit shall be Summons, Attachment, and Grand distress.  
Westm. 5. 13. E. 1. A Coparcener being disturbed (after Partition) shall have a Scire facias, and shall not be put to a Quare impedit.  
If tenant in Dower, or by the courtesy have presented, 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 shall have like remedy against the lord for exaction, as the Mesne might have had: And there see the process 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 Congee d'accorder, than the Justice shall say what saith Sir R; And when the King's 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●● memory, and out of prison: A feme-covert must be examined 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 demandant or his ancestors were seized of the land contained in the fine, or of some part thereof: Fines shall be openly read at two certain days in the week by the discretion of the Justices, and in the mean time all pleas shall cease.  
Sta. 5. H. 4. 13: Every writ of Covenant, All other whereupon Fines are levied, the dedimus potestatem, and all knowledges of the same, before they be drawn out of the Common Bench by the Chirographer, shall be enrolled 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 levied, the Return thereof, the Concord, Note, and Foot of the Fine, the Proclamations, and the Queen's 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 return of all these writs, and every warrant of Attorney, may at any man's request be enrolled, which enrolment shall be of as great force to all purposes in law, as the things themselves, if they were extant: No Fine, Proclamation, or common Recovery shall be reversed by writ of Error, by reason of false Latin, Razure; Interlining, 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 bar hereafter.  
Stat. 4. H. 7. 24. Every fine after the engrossing shall be proclaimed in the Court the same Term, and the three next, four several days in every Term, all pleas ceasing the whilst: The Proclamations being so made, The fine shall conclude all privies & strangers, except women Covert, persons within 21 years of age, in prison, 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 lawful entry within five years after those imperfections removed: saving to all persons and their heirs (other than parties) the right, claim, and interest, which they have at the time of the fine so as they pursue it by action or lawful 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 Proclamations 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 grows, etc. And those, that be Covert-baron, etc. at the time when it groweth, that they or their heirs take their action or lawful envy 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 any thing in the lands at the time of the fine.  
Stat. 1. M. Parl. 1. 7. All Fines whereupon Proclamations 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 beginning to the end, and proclamations therein made according to the Statute.  
Stat. 32. El. 2. Proclamations of Fines shall be only four times, viz. once in the term, wherein the Fine is engrossed, and once in every of the three terms next after.   

CAAP. 30.  
Rule 2. MAg. Cart. 12, 9 H. 3. Assizes of Mortdancester and novel-disseisin shall not be taken but in their proper County by the Justices of Assize, and if they cannot be determined there, they shall be determined by the same Justice in their Journey: Also difficult matters shall be referred to the Justices of the bench to be there determined  
westm. 1. 24 3. E. 1. An Assize given against an Escheator, Sheriff, or other Bailiff of the King, that seizeth any lands by colour of his office, without special-warrant; and double damages to be recovered by the ●est●e party 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 necessaries 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 Bailiwicks, and Offices in fee; And in all these cases the writ shall be, de libero tenemento: All an Assize is given for common of turbarie, fishing and such like Commons appendent to a freehold, or without a freehold by special deed (at least) for term of life.  
If any holding for years or in ward alien in fee, remedy shall be had by an Assize, and both the feoffors and feoffees shall be had for disseisors, so that during the life of any of them the said writ shall hold place; but if they die the remedy shall be by writ of entry.  
the giving of this writ in new cases shall not diminish the force thereof in those, wherein it had force before; and remedy also shall be had thereby, in case where on feedeth in the several of another.  
In this suit, if the defendant fail to make good the exception, which he pleads, he shall be adjudged a disseisor without taking the Assize, and shall give to the Plaintiff double damages both inquired, and to be inquired; and besides shall suffer a years Imprisonment  
If such an exception shall be alleged by a Bailiff 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 Bailiff afterwards offer to prove to the Court by matter of Record, that there was just exception, whereby the plaintiff might have been barred, he shall have a venire facias, to produce such record; And then, if the Justices see cause, the plaintif shall be warned to appear 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 justices: In like manner also shall the justices proceed, in case the defendants proof is by deeds and releases; for if the plaintif purchased the Assize contrary to his own deed, he shall be punished, 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, appendent to tenements in another.  
Stat. 1. H 4. 8. A special 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 behalf; And if the pattentee pray in Aid of the King a procedendo shall also be granted without suit. Here 〈◊〉 the Assize pass 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 years imprisonment, and restore double damages to the party grieved.  
Stat. 21. H. 8. 3. The plaintiff in Assize may abridge 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 Sheriff, if he be again disseised of the same tenements by the same disseisor, he shall have a writ of redisseisin to command the Sheriff (taking with him the Keeper of the pleas of the Crown, and other Knights) in proper person to go to the land, etc. and by the first jurors or other lawful men to make inquiry: Howbeit, this must not be without special 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 enrolled 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 otherwise, without recognition of assizes or juries: The redisseisor shall answer double damages, and not be reprevisable by common writ.  
Rule 8. Westm. 2. 24. 13. E. 1. Giveth an assize of nuisance against him, to whom the tenement is alienated after the nuisance is made.  
Stat. 6. R. 2. 3. The plaintiff, if he will, may have a writ of nuisance in the nature of an Assize, determinable before the justices, or before the justices 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 Mortdancestor, together with all his damages.  
West. 2. 4. 13, E. 1. If a woman having no right, recover Dower against a Guardian, the heir at full age shall have a Mortdancester against her.  
Gloucester 3. The heir shall have an Assize of Mortdancester, if the tenant by eouttesie alien, and leas● no Assets.  
Gloucester 6. All the heirs, whereof one is Son o● Daughter, Brother, or Sister, Nephew or Niece, and the other in a further degree, shall join in a Mortdancester.  
Rule 10. Mag. Cart. 13. An Assize of Darrein presentment shall be always taken before the justice of the Common place.  
Rule 1●. Westm. 2 24 13. E. 1. A writ of Juris utr●● shall be granted, to try whether free alms belong to one Church or another, in case where they are transferred from one Church to another.  
Rule 13. Stat. 31. H. 8 1. jointenants and tenants in Common of an estate of Inheritance in their own right or in the right of their wives in any Manors, Land, etc. 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 Coparceners (after partition) should.  
Stat 32. H 8. 32. jointenants and tenants in common, that hold for life or years amongst themselves, 〈◊〉 with others, that have Inheritance or freehold in any Manors, 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 assigns.   

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 appear in the Court at the grand distress, shall answer to the Plaintiff, and the plaintif (if it pass for him) shall have judgement and execution of the goods of the Testator 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 principal, until they be satisfied▪ but note, that this is meant of the King's debtor.  
Stat. 1 R. 2. 12. No Warden of the Fleet shall suffer any prisoner in execution to go out of prison by Mainprize, Bail, or Baston, without making gree with the party, unless by writ, or other commandment 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 Sheriff 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 form 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 arrearages in the Testators life time, against the tenants, that should then have paid it, or may distrain and make avowrie upon their matter) in the lands, so long as they remain in the possession of the said tenant,, or of any claiming only from him.  
A husband seized 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 arrearages due in her life: So likewise of him, (his executors, or administrators) that hath a rent or fee-farm during another's life, and Cesty qui vi● die, the same being unpaid.  
Rule 9 Stat. 13. El. 4. The lands, profits, and hereditaments of every Accountant, or him that receiveth money for the Queen, or her successors to be employed to the use of the Queen, etc. shall be extended (in the nature of a Statute staple) for the payment of the arrearages: Or the Queen, etc. if he do not satisfy within six months after the arrearages found, may sell his land, and the party may have the surplusage 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 Accountant taketh the profits; with Inquisition, if it be true, after traverse of the office, and that found for him, he shall have his land again without any petition, livery, or Ouster le main: Here, if any such buy land with the Queen's treasure, and pay not the arrearages, 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 immediately after their accounts past, as the treasurers of War, Garrisons, Navies, etc. unless the Queen, etc. command present pay: Neither doth it extend to Accomptants, whose whole Receipt exceedeth not 300 l. not to Sheriffs, Escheators, or Bailiffs of Liberties.  
The Queen, &c, being satisfied by sale of land, the sureties shall be discharged for so much, and if any remain yet unpaid, the sureties shall pay the residue ratably according to their abilities.  
Stat. 2 7. El. 3. the Queen etc. may make sale of the accomptants lands, etc. as well after his death as in his life time, and as well where the account 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 awarded to garnish the heir, to show cause why the lands etc. should not be sold, etc. whereupon, if the heir upon such Garnishment or two nihils returned do not prove unto the Court, that the executors or administrators of the accountant have sufficient, than ten months after such two nihils or garnishment returned, the lands etc. 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, etc.  
This Act shall extend to all Officers of Receipts and Accounts to the Queen, and to none other? The heirs lands, etc. shall not be sold during his minority but at any time within eight years after his full age they shall be liable as aforesaid: If the Accountant or debtor had a Quietus est in his life time, that shall discharge the heir of debt.  
Stat. 7. Ja. 15 No debt shall be assigned to the King, etc. by any debtor or accountant, other than such debts as did before grow due originally to the King's debtor or Accountant bona fide: All Grants and Assignments of debts to the King, etc. contrary to the true intent of this Act shall be void.  
Rule 15. Marlbr. 23. 52. H. 3 Attachment given in an Action of Account against Bailiffs, that withdraw themselves, and have no lands or tenements to be distrained by.  
Westm. 2. 11. 13. E. 1. He to whom the account is to be made, may assign Auditors to take it who may immediately commit to the next Gaol the Accountant (being found in arrearages) till he fully satisfy: whereupon the Accountant 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 King's pleasure) shall have three years' imprisonment, and find good surety not to commit the like trespass; And if he cannot find surety, he shall abjure the Realm. Being a fugitive and having no lands or tenements, whereby to be justified, he shall be proclaimed from county to county; and (if he appear not) outlawed.  
Stat. 5. R. 2. 7. None shall enter into lands or tenements by force, in pain of Imprisonment and ransom at the the King's 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 Gaol, there to remain convict by the Justice's record, till he hath made fine and ransom to the King; and herein the Sheriff and all others shall be assistant, in pain of Imprisonment and great fines making.  
Stat. 8. H. 6. 9 The Statute of 15 R. 2. 2. shall be duly put in execution both against forcible entry and forcible 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 Sheriff 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 tenements (so entered 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. Upon force or detainer, as aforesaid, 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, copiholders, or Guardians by Knight service, as unto such as claim freehold or Inheritance.  
Merton. 6 20. H. 3. A Layman ravishing or marrying a Ward within 14 years of age, shall be imprisoned, besides loss 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.  
Gloucester 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 manslaughter, or as accessary, shall not go at large without good bail, until the year and day be past, within which time an appeal may be brought (if no Clergy be had before) and all advantages therein saved, as if the acquittal had not been.   

CHAP. 34.  
Rule 17. & 18. WEst. 2. 7. A guardian may have writ of admeasurement of dower, howbeit the heir (at full age) shall not be barred by that suit, if the guardian did follow it faintly.  
In Writs of admeasurement both of Dower and Pasture after the great distress, proclamation shall be made two County days, 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 admeasurement, another time surchargeth the Common, a writ to inquire of that second surcharge shall go 〈◊〉 either judicial, if the former admeasurement were before the Justices, or otherwise, Original, out of the Chancery, and the beasts surcharging the Common, (or their value) shall be answered to the King.  
Rule 24 etc. Marlbr. 21. 52. H. 3. The Sheriff may replevin beasts not only without but within a liberty also if the bailiff of the liberty will not do it.  
Westm 2. 2. 13. E. 1. The sheriff or bailiff 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 Sheriff shall not deliver them without writ, wherein mention shall be made of the Judgement▪) and thereupon he may (if he will) hare a judicial writ to the Sheriff to deliver him the beasts: but if afterwards the Plaintiff desire to replevie his Beasts again, he shall have a Judicial writ (viz a writ of second deliverance) that the Sheriff 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 distress shall afterwards remain irrepleviable.  
Stat. 1. 2. P.M. 12. Every Sheriff of a Shire (being no City) shall at his first County-day, or within two months after receipt 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 Replevins, as the Sheriff might do himself.  
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 Justice's 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, etc. Stat. 36. E. Stat. 1. 13. No Escheator shall take inquests 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 5 l. value or above, in pain of five pounds.  
Stat. 8. H. 6. 16. No escheator shall take inquests b● of people impanelled by the Sheriff, and those inquests must be returned within a month after the taking, 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, unless he have land etc. to the clear yearly value of 40 marks, in pain of 20 l. He shall not delay to take the Verdict, when the Jury offers it, in pain of 100 l. so also of Commissioners: 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 King's Bench to be tried.  
Stat. 69. E. 3. Stat. 1. 13. Upon a traverse of monstered 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, without which time the party grieved may have the benefit o● the former statute: All Letters Patents within the month 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 bag.  
Stat. 1. H. 8. 10. Lands soiled into the King's hand by office, shall be let to farm to him, that tendered to traverse the same within three months 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 receives the profits of his lands, notwithstanding such office found.  
Where after the King's tenants death more hiers than one are found, or if one be untruly found a Lunatic Idiot, 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 traverse given to an ofice where a wrong tenure is found: the rents of mean Lords shall be paid (during the nonage of the Ward) by the officer, that receives the revenue of the Wards lands.  
Artic de super cart. 19 68 E. 1. When the Sheriff or Escheator seize land into the King's hand without cause, upon ousting of the King's 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 king's hand, and after upon Inquisition no title is found for the king to have the Custody, 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 rends given to the● that sue livery, when the rend day cometh, 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 Liveries: See the Statutes at large,  
Rule 31. Also for the better preservation of the peac● divers wholesome Law's bean to be framed from th● beginning of the Reign of E. 3. for the establishing 〈◊〉 justices of Peace in every County, until at last abo●● the 12, year of R. 2. they were fully settled, and ha● power to keep their Quarter-Sessions? which Government 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 shall find the● ranked together in divers Books now extant.  
Rule 33. Concerning Informations there are dire●● good Laws made, which are now sorted together (under 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 needless 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 articles thereunto annexed.  
Artic super Cart. 3. 28. E 1. The Coroner of the cou●tie shall join with the Kings Coroner in inquring of th● death of a man in a King's house.  
Stat. 33. H. 8. 12. The Coroner of the King's house shall inquire alone without the Coroner of the County, by a jury of the Yeoman officers of the Court.   

CHAP. 37.  
Rule 10. Stat. 31. El. 3. Upon a summons in a real action (fourteen days before the return) a Proclamation of the Summons shall be made) upon a Sunday after divine Service) at the door 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 defendants additions shall be made of their estate and degree or mystery, and the Towns, Hamlets, Place, and Counties, in which they were or be conversant; otherwise all Outlawries thereupon pronounced shall be nul. And before these Outlawries be pronounced the said writs and indictments shall be abated by the exception of omitting the said additions.  
Stat. 6. H. 6. 1. All Exigents and Outlawries upon indictments in the King's 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 week's space (or larger, at the discretion of the justices) before the return.  
Stat. 8. H. 6. 10. In every indictment, or appeal of Treason, Felony, or Trespass, after the first Capias returned 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, etc. containing the s●● of three months (where the Counties be holden 〈◊〉 month to month) and of four months (where t● be holden from six weeks to six weeks) by which Cap●● the Sheriff 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 shall 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 elsewhere by Certiorari, or otherwise.  
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 general Sessions) shall go out to the Sheriff of every oth●● County (viz. then that, where the action is brought where the defendant is said to be, or lately to have bee● if the Kings writ run there; otherwise to the Cou●● next adjoining 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 Surname.  
Stat. 9 H. 6. 4. A writ of Identitate nominis shall be (〈◊〉 this case) maintainable by executors, as well as by the testator himself, if he were living.  
Rule 18. Stat. 5. E. 3. 12. where the Plaintiff h●● recovered damages, and he against whom damages are recovered is outlawed at the King's suit, no Charter of pardon shall be granted, except the plaintiff be satisfied for his damages. When one is outlawed by process before his appearance, no such Charter shall be granted, except he yield himself before the Justices, from whom the Exigent issued, who shall cause the party to be warned to appear before them at a day: whereupon if the plaintiff appear, they shall plead upon the first original, as if no Outlawry had been. If the plaintiff appear not, and the warning be duly witnessed he that is outlawed shall be delivered by virtue of his Charter.  
Stat. 31. El. 3 Upon every Exigent in a personal action, a writ of proclamation shall go out of the same Court to the Sheriff of the County, where the defendant at the time of the Exigent shall be dwelling, whereupon 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 defendant 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 outlawry in this respect, the defendant shall put in bail, not only to answer the Plaintiff in a new action, but to satisfy the condemnation, if the Plaintiff begin his suit within two Terms.  
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 Plaintiff may aver that the Sheriff 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 Sheriff shall be charged with the surplusage not returned.  
Stat. 1. E. 3. Stat. 1. 5. The like averment of too small issues returned, given against Bailiffs of Franchises, as well as against the Sheriff.  
Rule 30. Westm. 1. 17. 13. E. 1. the Sheriff or Bailiffs may take the power of the County or Baliwick, and beat down a castle or Fortresse, where such beasts are enclosed, if he that took them will not make deliverance.  
Rule 33. Westm. 2. 11. 13. E. 1. Process of Outlawrie given in an action of account.  
Stat. 25. E. 3. Stat 5. 17. Such process shall be made in a writ of debt and detinue of Chattels, and taking of beasts by Capias & Exigent, as is now used in a writ of account.  
Stat. 7. H. 5. 1. In writ, against forgers of false charters and muniments like process shall be made by Capias & Exigent, as in writs of trespass.  
Stat.. 19 H. 7. 9 Like process given in actions upon the case sued in the King's Bench and Common place as in actions of trespass and debt.  
Stat. 23. H. 8. 14. Like process shall be had in every action, brought upon the statute of 5 R. 2. 7. (concerning forcible entry) as in trespass, and like process in every writ of annuity and covenant as in debt   

CHAP. 38  
Rule STat. 25. H. 8 20, for the election nomination, presentation, investing, and consecrating 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. Carlisle 15. E. 2. The Dedimus potestatem shall be directed to two of the Justices, or to one Justice and a Knight.   

CHAP. 39  
Rule 5. Gloucester 5. 6. E. 1. An Action of waste is maintainable against tenant by the courtesy, in dower, for life or years; and the party attainted thereof shall lose the thing wasted, and recompense 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 distress; and if he come not, than a writ unto the Sheriff (taking with him 12 men) to go to the place wasted, aed there inquire of the waste, and upon that waste returned judgement shall be.  
Stat. 11. H. 6. 5. Where the tenants grant over his estate, but notwithstanding takes the profits, and commits 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 repair and sustain the houses of the profit of the land.  
Gloucester. 5 6. E. 1. If the Guardian commit waste, and the Wardship lost answers not the damages before the heir's age, he shall render damages to the heir otherwise.  
Artic. super Cart. 18. 28. E. 1. An Escheator committing 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 choice, 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, than his Companions do.  
Gloucester 13 6 E. 1. Hanging a plea by writ, the tenant may not commit waste, nor estrepment of the land in demand, and if he do, the demandant may have awrit to cause the land to be kept, that no waist nor estrepment be done.   

CHAP. 40  
Rule 2. 36, E 3. 15. Declarations shall be good enough, if they have matter of substance, though the terms be not apt.  
Rule 10 Westm. 1. 46. If a writ of novel disseisin be purchased, and the disseisor die before the Assize be pasesed, the plaintiff shall have a writ of entry sur disseisin against his heir: The like shall the heir of the disseisin have, in case he die, etc. 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.  
Gloucester 2. 6 E. 1. Where an Infant is held from his Inheritance, whereby he is driven to his writ, the Inquest shall pass, notwithstanding his nonage.  
Exposition of the Stat of Gloucester 26. E. 1. Touching an Enquest to be made for an Infant, that Statute shall 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 Regis 12. E. View shall be granted in a writ of Ward, in a writ of Customs and services, in a writ of Advowson of a Church (where there be more Churches than 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 received in default of tenant for life, dower, courtesy, etc. If Judgement be given by reddition, or default, the reversioner 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 defension Juris 20. E. The reversioner desiring to be received before judgement, shall find surety (as the Court shall allow) to answer the value of the issues of the tenant from the day of the receipt, till judgement, if it pass for the demandant.  
Sta. 13. R. 2. 17. The like receipt shall be for the reversione upon the faint pleading of such a tenant, and he shall plead in chief without delay: and the Judges (by discretion) shall give days of grace between the demandant and him, that is received, without giving the Common day in plea of land, unless it be by the demandants assent. Surety for the value shall be found (as before in 20. El.) as well where the receipt is counter pleaded, as where it is granted.  
Gloucester 11. Tenant for years shall be received before judgement rendered, to say that the Action was by Covin.  
Westm 2. 3 Receipt is given to the Wife in her Husband's life time, if he lose her land by default, and the tenant, that recovered against the husband, must maintain 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, etc. 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. Gloucester. 3. The heir shall not be barred of his Mother's Inheritance by the Warranty of the father, being tenant by courtesy, or alienation without fine in the Mother's life time, excepe he leave Assets.  
Rule 68 Westm. 1. 12. Notorious Felons, which will not put themselves upon an Inquest at the King's suit against them, shall be put to a pain for't & 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 shall 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 County.  
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 tried in the County, where the action is brought.  
Stat. 2. 3. E. 6. 24. Upon a stroke or poison in one County, the party dying in another, an indictment and trial may be in the County where he dieth, and also an appeal sued there, and tried by 12 men of the same County: Likewise the accessories in one County to a murder or felony in another County, shall be indicted, arraigned, etc. in the County, where the offence of accessory is committed.  
Stat. 33. H. 8. 20. The indictment and trial of Lunatics, confessing treason, etc.  
Stat. 33. H. 8. 23. The trial of Treason, etc. confessed before the Lords of the Counsel, shall be by commission out of the Chancery.  
Stat. 27 H. 8. 4. and 28. H. 8. 13. Treason, Felony, etc. committed within the Admiral's jurisdiction, shall be heard and determined by commission directed to the Admiral, and three or four others, etc.  
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, etc. committed out of England, shall be tried in the King's Bench, or by Commisssioners, etc.  
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 Trespass.  
westm. 2. 38 None shall be put in Assize or juries triable in their own County, but such as have 20 s. per annum freehold, nor in Assize, etc. triable out of their County, unless they have 40 s. per annum, etc.  
Stat. de ponend. in Assis. 21. E. 1. None shll he put in Assize out of their County, unless they have 5 l. per annum, now within their County, unless they have 40 s. per annum.  
Stat. 2. H. 5 3 Upon trial for the death of a man, and betwixt party and party (when the debt or damages amount to 40 Marks) he shall have 40 s. per annum.  
Stat. 33. H. 8.13. In Corporations 40 l. in good sufficeth.  
Stat. 2. E. 6 32. The 40 s. yearly value must be inferred in the Venire facias.  
Stat 27. El. 6. Such a Jurour shall have 3 l. 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 County 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 Embraceours, being thereof attaint. shall pay ten times so much, as they have taken.  
Westm. 2. 30. when and how Assizes &c. shall be taken in the Country: See also Statutum de finibus levatis 4. 21 E. 1. That Inquests thereof being taken shall be returned into the Bench and there judgement shall be given thereupon, &c  
Stat. Eberac. 3. 12. E. 2. Inquests in Pleas of Land, that require too great examination, shall be taken i● Country before a Justice of the place, when e the plea depends, and a Knight there, or other, etc.  
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 Country.  
Stat. 18 El. 12. Trial of Nisi Prius for Middlesex, i● the term time, or 4 days after.  
Rule 19 Stat. ●5. H 8 6. Made perpetual 2 E. 6. 3● Six sufficient Hundreders shall 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 half of a Jury shall be Aliens; 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. Madge 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 Duchess', Baronesses, Countesses, etc. 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 twenty.  
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 plaintiff or demandant.  
Stat. 4. 5. P. M. 7. So likewise for the King upon request by any authorised thereunto, or assigned by the Court, or by the Informer, that follows as well for the King as for himself.  
Stat. 14. El. 9 Such a Tales de circumstantibus shall be also granted at the prayer of the defendant or Advowant  
Rule 53. Stat. 21. H. 8. 3. The demand of a thing entire 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 arrearages of account feigning (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 Judge's 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 Enquest.   

CHAP. 42.  
Rule 10, etc. WEstm. 2. 12. In an appeal of the death of a man not 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 against them shall have but one Essoin: so likewise for a man and his wife by the Stat. of Gloucester, 10.  
Stat. 9 E. 3. Stat. 1. 3. In a writ of debt against executors, they shall have but one Essoin before, and another after appearance.  
Westm. 2. 27. No Essoin is allowed after day given by prece partium.  
Marlbr. 13. After a man hath put himself upon an Inquest, he shall have but one Essoin.  
wessm. 2. 17. After one hath put himself upon an Inquest, 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 Justices, etc.  
Stat. 5. E. 3. 7. Essoyn of the King's 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 before, shall be accounted for one day.  
Dies communes in Banco, 51. H. 3. Days given in Writs shall have 9 returns.  
Dies communes in Banco, and 32. H 8. 21. Common days shall be given in real actions 9 returns; In Writs of Dower 5 returns.  
Malbr. 12. In Dower, unde nihil habet, 4 or 6 days shall be given in the year: In Assizes of Darrein presentment or Quare impedit, from 15 days to 15 days or from 3 weeks to 3 weeks, as the place shall be near or far.  
Stat. 5. E. 3. 6. & 7. In an Attaint 5 days 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 juror shall not be returned without a true addition, of the place where he dwells, and some other addition, whereby he may be known.  
Stat. 35. H. 8. 6. What issues shall be returned upon Jurors.  
Stat, 2, 3. E. 6 32. If the principal Jury appear not fully at the nisiprius, those that make default, shall forfeit their issue, though the Jury be made up, de Circumstantibus.   

CHAP: 43.  
Rule 20. STat, de consultatione, 24. E. 1. A Consultation shall be awarded by the Chancellor or chief Justice, upon sight of the Libel, at the Instance of the Plaintiff.  
Stat. 50. E. 3. 4. Upon a consultation the Ecclesiastical Judge may proceed, notwithstanding any other prohibition, so the matter of the Libel be not enlarged 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, Counterfeiters of the King's Seal and coin, Excommunicate persons, manifest offenders and Traitors are not bailable, etc. 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 seize the body of a Villain, notwithstanding that a writ de libertate probanda, be hanging.  
Rule 10 Stat. 5, E. 3. 7. No protection shall be allowed in Writs of Attaint.  
Rule 12. See Stat. 13. R. 26. The Statute of Protection, & 1. R. 2. 8.  
Rule 14. A Creditor shall have an Action and Judgement against the King's Debtor, notwithstanding such a Protection, but not execution; unless 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 himself.  
Rule 16. West. 2. 17. He may aver that he is not sick, etc. vide supra, Cap 42. Ru. 10.   

CHAP 45.  
Rule 7 STat. 14. El 8. Every fraudulent recovery against Tenant for life, whereupon the Tenant for life is vouched, shall be void against the Reversioner or him in remainder, unless 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 Merchant, or Elegit may falsify 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, wilful burning of houses, murder, robbery, or other felony, according to the meaning of the same Statute, if he stand mute of malice or forward mind, or challenge peremptorily above 20, or will not directly answer, shall 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 Burglary, 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, etc.  
Stat. 4. 5. P. M. 4. Nor for accessaries before the fact in petty treason, murder or robbery in an house, or in or near 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 Robbery or Burglary in one County, and is taken with the goods so rob or stolen in another County, shall lose his Clergy there, as he should do, where the Robbery or Burglary was committed.  
Stat. 4. H. 7. 13. &, 1. E. 6. 11. It is grantable but once to one person, unless 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 Clergy lieth at the Common Law, or is restrained by Statute, shall upon his prayer be adjudged 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 admission to the Clergy) whereupon Clergy is not allowable, and whereof 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 Clergy.  
Stat. 18. El. 7. He that is allowed Clergy, shall not be delivered 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 abettors 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 duly acquit by Verdict against every procurer of any judgement, or appeal of treason, felony, or trespass: and like process shall be therein, as in a writ of trespass, vi & armis.  
Rule 37. Westm. 2. 18. 13. E. 1. Where debt is recovered or knowledged in the King's Court, or damages awarded, it shall be from henceforth in the election of the Plaintiff to have a writ of Fieri facias unto the Sheriff, to levy the debt upon the lands and chattels of the debtor, or that the Sheriff 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 thereunto by the King) shall be enroled; and if it be not paid at the day, the debtor's 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 upon a Certificate of the Recognizance thither. The Apprisors' are to take them at the price, if they apprise them too high if the debtor have not moveables sufficient he shall be imprisoned, until, etc. The like processes against pledges, in default of sufficient moveables of the principal.  
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) & before a Clerk; which the King shall assign, shall be enroled, and if it be not paid at the day, the debtor if he be a Lay man shall be imprisoned by the Major, until etc. if he be within their power, else by writ out of the Chancery, upon Certificate of the Recognisance thither: And if he agree not with the Creditor within a quarter of a year after, than all the lands which were the debtors (the day of the Recognisance made) and also his goods shall be delivered to the creditor upon a reasonable extent. And of these lands so delivered the Conisee, being ousted shall have an assize or redisseisin.  
The writ out of Chancery shall be returnable before the Justices of either Bench, and upon a non est inventus returned, or that he is a Clerk, writs to all the Sheriffs, where he hath lands or goods, shall go forth to deliver the same upon reasonable extent, and to what Sheriff he will to take his body, The like Process shall be against the pledges, if the money be not paid at the day: If the debtor or pledges die, the Creditor shall have execution upon the lands of the heir as at his full age. The Stat. of the Staple 27. E. 3. Stat. 28 the Major of the staple shall take recognizance, of debt before himself, and the Constables of the Staple, whereupon (default of payment being made the debtor's body shall 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 thereupon in all respects, as in the Statute-Merchant, save that the debtor shall have no advantage of the quarter of a Year.  
Stat. 5. H. 4. 12. a Statute being once showed in the Common Place, and the process afterwards discontinued, yet execution may afterwards be awarded without showing it again.  
Stat. 11. H. 6. 10. He that is in Prison upon a Recognisance, shall not be delivered out of prison upon a scire facias against the party, and surety found to the King alone, but shall find sureties severally as well to the King, as to the other Party.  
Stat. 23. H. 8 6. Either of the Chief Justices, or (in their absence out of the term) the Major of the Staple of Westminster with the Recorder of London may take Recognizances, and they shall be executed in all respects as a Statute Staple.  
Stat. 27. El. 4 Every Statute Staple or Merchant, not brought to the Clerk of Recognizances, within 4 months' next after the acknowledgement thereof, shall be void against all persons, their heirs, successors, executors, administrators, and assigns only, which for good consideration shall after the acknowledging thereof purchase the land or any part thereof liable thereunto, or any rent, lease or profit out of the same.  
Stat. 32. H. 8. 5. Lands lawfully delivered in execution upon a judgement, Statute Merchant, Staple, or Recognisance, being evicted without any fraud or default 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 days after the date: and thereupon a new writ of execution (of the nature of the former) shall issue forth to levy the rest of his debt and damages, if the defendant make default, or show no good matter in bar.  
Mag. Cart. 8. 9 H. 3. The King shall not take the lands or rents of the debtor, if he have sufficient chattels.  
Mag. Cart. 18. The goods of the debtor may be attached after his death by the view of lawful men, that nothing be meddled with till the King's 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 recorded before the King's Justices, or contained in fines (as contracts, Covenants, Obligations, Services, or Customs, acknowledged, or any other things enroled) a writ of execution shall be within the year; But after the year a Scire facias: The like also is of a Mesne, who by judgement or recognizance 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, & judgement pass against him, the reversioner or remainder man at the time of the judgement, shall have writ of error upon an error in the record of the same judgement, as well in the life of such a tenant as after his death: And if at the time of reversing the judgement the tenant for life, etc. be alive, he shall be restored, etc. his possession with the mean profits, & the reversioner, etc. to the arrearages of the rent, if any be due: But if the tenant for life, etc. be dead at the time of reversing the judgement, than the reversioner, &c, shall be restored to the possession with the issues after the death of the tenant for life, etc. and also to the arrearages due in his life: see the Marqu. of Winch. case. Co. 3. 4.  
Stat. 31. E. 3. 12. Error in the Exchequer shall be reversed before the Chancellor and Treasurer, taking to them such justices, and other sage persons as they shall think fit, and afterwards the roll shall be sent back into 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 Exchequer, it shall be no discontinuance.  
Stat. 32. H. 8. 30. Made perpetual, 2. E. 6. 32. After a Verdict tried by 12 men or more in any suit in a Court of record, no Judgement shall be stayed or reversed for any mispleading, lack of colour, insufficient pleading miscontinuance, discontinuance, misconveying of Process, misjoyning of, Issue lack of warrant of Attorney for the party against whom the Issue is tried, or any other default or negligence of the parties, their Councillors, or Attorneys.  
Stat. 18. El. 14. After a Verdict of 12 men or more in any suit in Court of Record, Judgement shall not be stayed or reversed for default of form, or lack of form, false Latin, variance for the register, etc. 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 Attorney, or by reason of any manner of default in process, upon or after Aid prayer or Voucher.  
Stat. 27. El. 5. After Demurrer joined or entered in any suit in Court of Record, the judges shall proceed & give Judgement according to right, & the matter in law appearing to them, without regarding any imperfection, defect, or want of form in any writ, Return, Plaint, Declaration, or other pleading whatsoever, except those only, which the party specially and particulary shall set down and express together with his Demurrer: And no Judgement to be given shall be reversed by writ of error, or by any such imperfection, defect, or want of form, a● aforesaid, except as is before 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 Process of any of them, nor to any suit upon any popular or penal Staute.  
Rule. 16 Stat. 27. E. 8. An error in the King's Bench in an action of debt, detinue, covenant, account, action upon the Case, Ejectione firmae, or trespass first commenced there (where the King is no party) may at the party's choice be reversed in the Exchequer chamber before the Justices of the Common place, and such Barons of the Exchequer as are of the Coif, or six of them at least, other then for error concerning the jurisdiction of the King's Bench, or want of form in a writ, Return, Plaint, Bill, Declaration, Pleading, Process, Verdict, or proceeding whatsoever: And upon the judgement affirmed or reversed, the Record shall be sent back into the King's Bench, to proceed and award Execution thereupon the party grieved with such reversal or affirmation, may have a writ of error in the Parliament in such sort as is now used upon erroneous judgements in the King's Bench.  
Stat. 31. El. 1. Any three of the Justices and Barons (if the full number come not) may receive Writs of Error, award Process, prefix days for the continuance of Writs of Error etc.  
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 Trespass, as well upon the principal, as upon the damages.  
Stat. 5. E. 3. 6 &. 7. In attaints not Essoin or Protection 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 trespass as well upon a Bill, as upon a Writ, without having regard to the quantity of the Damages.  
Stat. 34. E. 3. 7 An Attaint is granted in all pleas, as well real as personal.  
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 possession, together with the mean profits, and of the arrearages 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 itself with the mean profits arrearages, after such death or recovery by covin; saving to the tenant his action by scire facias, if he will traverse the Covin.  
Stat. de Attinctis. 13. E. 2. If the petty Jury appear not at the first distress against them, or a nihil be returned, the grand Jury shall be taken by their default.  
Stat. 23, H. 8. 3. Made perpetual 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 himself; the process against the Petty Jury and Grand Jury, shall be summons and Resummons, and distress infinite.  
Open proclamation shall be made in the Court, where the distress is awarded, more than 15 days before the return of the distress; 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 Plaintiff shall assign the false Oath of the first verdict untruly given, whereunto the petty jury shall have no answer if they be the same persons, and the Writ, Process, Return, and Assignment be good and lawful, (except the plaintiff in the same attaint hath before been nonsuit or discontinued his suit or hath had a former judgement therein) but only that they made a true oath which issue shall be tried by 24. of the Grand jury; and the party shall 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 inquire of the truth of the Virdict: such a day shall be given in a Process, as in a writ of Dower, 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 King's Bench or Common place, and the Nisiprius granted upon the distress by the discretion of the Justices. Every of the petty Jury may appear and answer by attorney. The Nonsuit or release of one, when their be divers plaintiffs or defendants in an Attaint shall not prejudice.  
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 shall be awarded unto the next.  
Stat. 11. E. 6. 4. The plaintiff shall recover Costs and Damages against the Juror, or defendant, that pleads a feigned plea in delay.   
FINIS.   

A SUMMARY OF THE COMMON LAW OF ENGLAND. As it stood in force, before it was altered by Statute or Acts of PARLIAMENT. Extracted (for the most part) out of the French and English Copies of Sir HENRY FINCH, Kt. his Learned Treatise of the LAW. And digested into certain Tablets for the help and delight o such Students as affect METHOD. By E. W.  Methodus Memoriae Dux & Fulcrum. 
LONDON, Printed Anno Salutis, 1655.   

AN ADVERTISEMENT TO THE READER.  
THE Science of the Common Law of England, hath not only been in former times, but even at this day, is accounted so Abstruse & Intricate, that it hath always seemed an Impossibility to reduce it to method: Howbeit, our learned Author in his Treatise of the Law, hath not only clothed it with a Logical method, but with such an exact one, as may be paralleled with (if not extolled above that of) Wollebius for Theologie, Ramus for Geometry, Keekerman, Alstedius, and other modern Writers, for Logic, Ethics, Physics, politics, Mathematics, etc. So as the Student having treasured up in his memory the Common places of Law held forth in these Tables, together with their coherence and dependence one upon another, may be thereby furnished in all the general & necessary titles of Law, whereunto he may aptly refer any Case he meets with, especially, having also before hand, by perusing the Treatise at large, acquainted himself with the Definitions, Distributions, affections, Rules and Examples, respectively belonging to each several Title, whereby he may more perfectly understand the nature of them. Besides, if the Text be not read with these Tablets, he will meet with divers things in them which are now abrogated by Statute, and so not law at this day, as Sanctuaries, which are now annulled by 21. Jac. 28. divers Offences (before) Petty Treason, now by statute made high Treason, and the like. All which is left to his industry and discretion; the Scope and design of this Summary being only to show him the Harmonical frame of the Original common law before it was altered by statute, Acts of Parliament, and other Constitutions of State, according to the caution before in the Title Page premised.   



TABLE 1.  
Of the Common Law of England observe 

1. The Circumstances, viz. 

The Place where it is used, viz. throughout the Realm of England, divided into Counties, Hundreds, and Towns, within which there are divers usage, differing from the common Law, called Customs.  
The persons who are to use it, and they are to be considered 

As one entire Body 

The King His Subjects. 

Baron's  
Commons        
As particular Persons 

Natural persons, as every man  
Bodies Politic 

At the Com. Law 

The King alone, and by himself considered.  
The Rector of a Church or Parson.    
Grown of latter time, 

Temporal, as Major and Communality, etc.  
Spiritual 

Regular, as Abbot and Covent, etc.  
Secular, as Bishop and Chapter, etc.              
2. The parts, See Tab 2.  
3. The common Affection, viz. action Tab. 2●.    


TABLE 2.  
The parts of the Common Law are two, 

The One concerns Possessions, whereof consider 

The General affections 

1. To Possessions this is general, that they may pass by 

Grant.  
Exchange.  
Prescription.    
2. Sundry men possessing the same thing by purchase, are 

Joint Tenants, who possess by the same Title.  
Tenants in common, who possess by several Titles.    
3. A possession is either 

Restrictive, upon 

Limitation, which ceaseth upon doing or not doing of something.  
Condition, which is only defeasable upon the doing or not doing of something.    
Absolute, which is neither upon limitation or condition.    
4 Tab 3.    
The Species, or several kinds, Tab. 4.    
The other, the punishment of offence, Tab. 12.      


TABLE 3.  
4. Possessions are either in 

Possession, viz. such as one doth enjoy.  
Action, touching which consider 

1. How it ariseth, & that is in respect of a 

Right, when wrong was done before.  
Title, when no wrong was done.    
2. The Rules which concern it 

1. A thing in action cannot be granted, but to him in possession, & that by 

Release, which is the passing of the Grantors' Interest.  
Confirmation, which is the ratifying of the Grantees possessions.    
2. The grant of a thing in action, and of such things in possession, as cannot pass by livery of the hand, must be by Deed, viz. 

Deed Pol, which is the only deed of the Grantor.  
Indenture, which is the mutual deed of both, and makes an Estopel to both parties.            


TABLE 4.  
The several kinds of Possessions, & so a Pos. is 

An Hereditament whereof consider 

The several Estates, viz. 

Particular, viz. 

Uncertain 

At sufferance, when after lawful occupation he continueth possession without Authority.  
At will 

According to the custom, as a Copyholder.  
At pleasure, as a bare Tenant at will.      
Certain, which is also called a Term, whereof consider 

The dependants 

Remainder, which is the residue of an Estate at the same time appointed over.  
Reversion, which is the residue of an estate, not at the same time appointed over. 

These pass with Attornment.      
The several kinds. 

For years.  
For life 

In Deed after actual Seisin.  
In Law before Entry. 

For his own life.  
For another's life and these are 

Freehold              
Inheritance, Tab. 5.    
The several kinds, Tab. 6.    
Chattel. Tab. 11.      


TABLE 5.  
Inheritance, whereof consider 

The estate called fee-simple, which is 

Conditional, when an Hereditament is limited to the heirs of the body: hither  
Frankmarriage may be referred.  
Absolute, which is a Fee-simple to one and his heirs whatsoever.    
The Incidents, 

Dower whereby a woman hath the thirds in severalty.  
Tenancy by the courtesy of England.    
The divers manners of possessing it, viz. in 

Deed.  
Law.        


TABLE 6.  
The several kinds of an Hereditament, and so it is 

Common, as 

A Tenement which is a possession holden, & it is 

Land, which is a Tenement in manual occupation, and here prescription hath no place.  
An Advowson, which is the Interest of presenting to a Church.    
A bare Hereditament, Tab. 7.    
Prerogative, Tab. 10.      


TABLE 7:  
A bare Hereditament, which concerns 

Land, and so it is 

Leviable by distress, as 

A Seignory which is a Service, whereby Land is holden, and such Services are 

Common to all certain Estates 

Fealty.  
Rend service: Hither also may be referred Frankalmoigne, and Divine Service.    
Proper to Inheritance 

General 

Homage.  
Suit of Court.    
Particular, whereby Lands are distinguished. 

The Services themselves, 

Soccage:  
Knight-service. 

In the Lord's life-time, as reasonable Aid.  
After his death, as Wardship and Relief.            
A Rend charge, which is a Rent with liberty to distrain, upon the Grant or Reservation of a certain Rent to be issuing out of Land.    
Such as cannot be distrained for, Tab. 8.    
The persons, Tab. 9      


TABLE 8.  
A bare Hereditament concerning Land, for which no distress can be taken, is 

Rent-seck, which is a Rent without liberty to distrain.  
Common, which is a profit to be taken in another's land: whither also may be referred Estovers, Houseboot. etc. Also a way over Land, liberty to Fish, Hunt, draw water, or the like.      


TABLE 9  
A bare Hereditament, that concerns the person, is 

Of the person himself, as a Villain.  
By reason of the person, viz. 

An Annuity, which is a yearly Rent to be had of the person of the Grantor.  
A Corody, which is a portion for ones sustenance or clothing.  
An Office, which is a duty of attendance upon a charge.        

TABLE 10.  
A Prerogative hereditament, which is derived from the King's Prerogative, and is termed a Franchise, being a Royal privilege in the hands of a Subject; as Markets, Fairs, Toll, and whatsoever liberties else, which (created at first by the King's special Grant, or of their own nature belonging to him) are given to a common person to have an estate in: Of this sort also are Execution and return of Writs, forfeited Recognizances, Fines, Post-fines, Issues, Amerciaments, and other Green wax money within such a Precinct or Liberty. Also power there to make a Coroner, Clerk of the Market, and other Officers; to have therein Treasure Trove, Deodands, Wreck of the Sea, Waifes, Estrays, the goods of Felons, and outlawed persons, Royal mines, Royal Fish; to keep a Leet, to take Conusance of Fines, to hold plea of debts and damages Sans sum, and the like.   


TABLE 11.  
A Chattel, wherein their cannot be several Estates whereof consider 

The common Affection, viz. That all one's own Chattels (whether in possession or action, as debts, etc. may be devised by Testament, which is the appointment of an Executor to administer them for him after his death.  
The several kinds, and so it is 

Real, as a Term for years, or Wardship.  
Personal to which divers things belong. 

In general 

Bailment, which is the delivery of goods 

To keep, when only the custody is committed to him, and that is. 

A simple bailment, when he receiveth them to keep for another.  
A Pledge, when he receiveth them for another thing had of him at the time.    
To employ, as when the Bailee hath the things to use for another's profit.  
Contract, which is a mutual agreement for the very property of Personal things.      
In particular, viz. for the Interest of things uncertain, as 

Accord, which is an agreement of the parties themselves upon satisfaction executed.  
Arbitrement which is an Award of satisfaction by others.            


TABLE 12.  
Punishment of Offences, which are 

Without force, as 

Trespass upon the Case 

Common, as 

Misuses, when by wrong one is endamaged, as by slander, or the like, amongst which serve 

Disturbance, which is the hindering of that, which belongeth to one to do.  
Nusanee, which is an annoyance done to ones Hereditament.    
Deceit, when the damage groweth by an undue sleight, or the like.  
Conspiracy to do one wrong, or the like.    
Offences in the nature of Trespasses upon the Case, which are (by the King's Prerogative) punishable like to them, viz. by amerciament, as Nonsuit in an action; Fault in the Original Writ he brings; Or (by the Sheriff) in the return thereof, making default, when he should appear; And whatsoever other Offences (not being with force) which offer no direct injury to a common person.    
Real wrong, Tab. 13.    
Coupled with force, Tab. 14.      


TABLE 13.  
A real wrong is 

Discontinuance, when one having an Estate Tail or Fee-simple in another's right, maketh a large Estate of the Land, than he may.  
Ouster, when one is put out of his  

Indeed, as by 

Disseisin of 

Land when one is put or held out by a forcible 

Entry.  
Detainer    
Rent, as 

In every rent by 

Encloser.  
Forstaller.    
In rend service & rend charge by 

Rescous.  
Replevin.    
In rent-charge & rent-seck, by denier.      
Usurpation, when the Church becometh full by the presentment of a wrong Patron.    
In Law, as by 

Intrusion, which is after the death of the Tenant for life.  
Abatement, which is after the death of one that had the Inheritance.          


TABLE 14.  
Wrongs coupled with force, and they are 

Not punishable by death, 

Trespasses, and they touch 

Possessions, as in 

Goods, which is the wrongful taking of them with pretence of Title.  
Land, when it is done upon an actual possession thereof.    
The person, and so Trespasses are 

With pretence of violence, as 

Menaces, which are threatening words of beating one, or the like, Assault, which is an unlawful setting upon one's person.    
With violence indeed, as 

False Imprisonment, which is an unlawful restraint of liberty.  
Bodily hurts, and they are 

Outward violences; 

Battery, which is the wrongful beating of one. Maim, which is the wrongful spoiling of a member defensable in fight.    
Rape, which is the carnal abusing of a woman against her will.          
Offences against the Public, Tab. 15.    
Punishable by death, Tab. 19      


TABLE 15.  
Offences against the public (termed Contempts) may be committed either 

Against the King, as 

1. To disobey the King's Command 

By his Writ.  
By his Proclamation.    
2. Disobey any thing ordained by Statute.    
Against the Commonwealth, viz. against 

1. The peace thereof, as Riots, Routs, unlawful Assemblies, breach of the Peace and Good behaviour, false news, Barreting, Eavesdrop, etc. Also all Trespasses with force, for which a man may be both indicted and prosecuted at Law by the Suit of the Party.  
2. The strength, as to send aid to the King's Enemies, to go beyond Sea, without the King's Licence, etc.  
3. The Justice, Tab. 16.  
4. The Wealth, Tab. 17.  
5. The Passages, Tab. 18.        


TABLE 16.  
3. Public Offences against the Justice of the Commonwealth, as 

1: Perverting of Justice, as corrupt Judges, who pervert Justice; corrupt or negligent Officers, Enditors, corrupt Jurors, Extortion; Escapes, negligent and voluntary, etc.  
2: All force against the Justice of the Realm, as Rescous of a Felon, or others; Affairs in disturbance of Justice, to go armed in the King's Palace: To strike in Westminster Hall, for which he shall lose his right hand; so shall he that strikes a Juror in the presence of the Justices, and be also committed to perpetual Imprisonment.  
3. Conventicles, which comprehend conspirators and Confederators, Maintenance, Champerty, etc.  
4: Offences in favour of Malefactors, as Misprisions of Treason or Felony, which for Treason is perpetual Imprisonment: Theft-boot, when a man receives his goods from a Thief, with purpose to favour and maintain him; here the punishment is Ransom & Imprisonment, not assisting the Sheriff, Constable, or other Officer, etc.  
5: Contempt of Justice, as he that flies for Treason, or Felony: He that in case o● Treason, or Felony tarries the Exigent, He that suffers himself to be outlawed, etc.  
6. Falsifying of Justice, as Perjury, Subornation, Forgery, Embracery: all other Falsehood in matter of Justice etc.      


TABLE 17.  
4. Public Offences against the wealth of the Commonwealth, and that may be 

In the course of Trade, as 

1. To transport the Commodities of the Realm without the King's Licence, and paying his Custom, Forestallers, Regradors, and Engrossers, Monopolies, Conspiracies of Merchants, false Weights and Measures, etc.  
2: Uttering corrupt Victuals.  
3. Usury, and all Oppression.    
Out of the course of Trade, as Depopulation, burning of Houses, Barns, etc.      

TABLE 18.  
5. Public Offences against the Passages of the Commonwealth, as Bridges, Cawseys, Highways, or Streets broken down or digged up; Unto which place may also be referred Common Nuisances, Purprestures, etc. Such Nuisances any man may abate: And as to Nuisances, there is a Writ in the Register for any person that will sue, when the Ways, Streets, or Lanes, of any Town, City, or Borough Corporate, or the Suburbs thereof are full of Dirt, Soil, or the like, whereby infection may be caused. And this Writ may be directed to the Mayor, or the like, to cause them to be cleansed and kept clean. There is also another Writ for removing a Leper, to prevent Infection; both which Writs will come hereafter to be mentioned in their proper places.   


TABLE 19  
Wrongs or offences punishable by death, termed also offences against the Crown, are 

Felony, which is, 

Bare, Felony where consider 

The offence itself, which is 

single, as 

Stealth, which is the wrongful taking of Goods, without pretence of Title.  
Manslaughter 

Chance medley, which is Man slaughter, without former malice.  
Murder, which is Man slaughter upon former malice.      
Mixed, as 

Robery, which is stealth from ones person by assault in the Highway.  
Burglary, which is the night breaking of a house, with an intent to steal or kill, though nothing be stolen, or any body killed.      
Other public Offences occasioned thereby, as breaking of Prison, wilful escape of a Felon, etc.    
Petty Treason, Tab. 20.    
High Treason, Tab. 21.      


TABLE 20.  
Petty treason, the punishment whereof is burning, and it is 

General 

against mortal Creatures. 

Petty Treason (properly so cal-called) which is the kill of one to whom private obedience is due.  
Sodomy, which is a carnal copulation against nature.    
against God. 

Heresy, which is an offence, immediately bend against the Majesty of God.  
Sorcery, which is a consulting with Devils, and containeth under it Conjuring, Necromancy, and the like:      
More particular in respect of the King's Prerogative, as counterfeiting his Coin, Seals, etc. to acknowledge any foreign Potentate, to bring false money into the Realm, sergeant to the money of England.      

TABLE 21.  
High Treason, which is an offence of the Crown directly bend against the State; also to kill the Chancellor, Treasurer, a Justice of either Bench, a Justice in Eyre, of Assis, o● Oyer and Terminer, being in their places, and doing their Offices, is High Treason.   


TABLE 22.  
The common affection, viz. Action, whereof consider 

The places, where it is transacted, viz. in 

Courts of Record, as 

The Parliament.  
Courts that have ordinary jurisdiction, and they are 

General, whose jurisdiction extends throughout the Realm. 

Circumstances, as 

Place, where they are holden, viz. at Westminster.  
Time when viz in the Term of 

Michaelmas.  
Hillary.  
Easter.  
Trinity.      
The several kinds 

Chancery.  
King's Bench.  
Common place Exchequer.      
Within some County. 

Through the whole County, 

The Sheriff's turn.  
The Coroners Court.    
Within Liberties, as 

A Leet.  
A Court of Pipowders.      
Granted by the King's Letters Patents. 

Courts by the King's Commissions.  
Courts by Charter in Corporations, etc.        
Court Barons. 

The Lord, 

Of a Manor.  
Of an Hundred.    
The Sheriffs, called the County Court:      
The Parts, Tab: 23.      


TABLE 23.  
The parts of an Action are 

The suit, which hath 2. parts, viz. 

The beginning of the suit which hath 2. parts, 

The first matter of the suit 

For every man 

By Writ out of the Chancery, which is 

Original, which concerns 

Common Pleas, and so it is 

Real, whereof consider 

The Common affections, as Tab. 24.  
The severa● kinds, Ta. 25    
Personal, Tab. 31    
Appeals, Tab. 33.    
Commissionall, Tab: 34.    
By Plaint or Bill, Tab. 35.    
For the King, Tab. 36.    
The Original Process, Tab, 37.    
The Proceeding, Tab. 40.    
The Judgement, Tab: 46.      


TABLE 24.  
The common affections, as 

Possessory to recover a Possession 

In himself, descended from his Ancestor.    
In the Right to recover a Possession mixed in the right 

In himself, descended from his Ancestor.        


TABLE 25.  
The several kinds of a real Original Writ, and so it is 

A Praecipe 

A Praecipe quod reddat 

A Plea of Land 

A Writ of Entry, the several kinds thereof will best appear, if we consider 

Against whom it is brought, viz. 

Against the first party,  
In the degrees 

In the Per.  
In the Per and Cui:      
How is grows, viz. 

without wrong at the first 

Upon the determination of the first Estate, viz. by reason of 

A particular estate ended 

Ad terminum qui preteriit.  
Entry, ad Communem Legem    
A Condition broken, as Causa Matamonii praelocuti.    
Upon disability of the person that made it 

Dum fuit infra aetatem.  
Dum fuit non compos mentis.      
Upon a wrong, Tab. 26.      
A writ showing the Demandants Title, Tab. 27.    
Another real praecipe quod reddat, Tab. 28.    
A Praecipe quod faciat, Tab. 29.    
A Si secerit tesecurum, Tab. 30.      


TABLE 26.  
Upon a wrong, viz. 

Upon a discontinuance: 

For the recovery of a woman's Inheritance or , after her husband's alienation, and 

Death, as Cui i● vita, and for he● Heir, a sur cui i● vita:  
Divorce, as a C● ante divorcium:    
For the Successor of a Bishop, or, etc. after the discontinuance of his Predecessor, as a (sine assensu capituli:    
An Ouster 

Upon an Intrusion, as a Writ of Intrusion for him in Reversion, or Remainder:  
Upon a Disseisin, as a Writ of Entry in the Quibus, being a Writ in the nature of 21 Assize:        


TABLE 27.  
A Writ showing the Demandants Title, which is 

Possessory as a Writ of 

Ayel, after the death of the Grandfather, or Grandmother:  
Besayell, after the death of the great Grandfather, or grea● Grandmother:  
Cozenage, after the death of the great, great Grandfather, or great, great Grandmother, &c:    
In the right 

A Writ of right in his nature, as a 

Formedon in 

Remainder.  
Reverter:    
Writ of Escheat:  
Writ of Dower, unde nihil habet:    
A Praecipe in Capite, for the mere right of Lands holden in chief:        


TABLE 28.  
Another real Praecipe quod reddat, in respect of a Seignory, as 

A Writ of Right of Ward, to recover the Wardship:  
A Writ of Right for Disclaimer, for the Lord to prove the Lands to be holden of him, when the Tenant in a Court of Record disclaimeth to hold of him:      


TABLE 29.  
A real Praecipe quod faciat, which is either to recover an 

Heredittament, and this is either 

In respect of a Seignory: 

A Writ, de consuetudinibus & servitiis.  
Secta ad molendinum.    
To recover some other Herediament: 

A Quare Impedit.  
A Quod permittat:  
A Curia claudenda.      
Some real thing that concerns an Hereditament, as 

A Writ of Covenant, as to levy a Fine of Lands, etc.  
Writs in the nature of a Covenant real 

A Writ of Mesne.  
A Warrantia Cartae:          


TABLE 30.  
A real Si fecerit te securum. 

An Assize 

Of his own possession, as 

An Assize of Novel D●seisin,  
An Assize of Nuisance.      
Of his Ancestors Possession, as an Asise of Mortdancestor.  
Either of his own or his Ancestors possession, as an Assize of Darrein presentment.    
A Juris utrum, for a Parson or Vicar, upo● his Predecessors alienation,  
Others 

Such as be between Privies in blood; as 

A Partitione fa●enda.  
A Nuper obiit:    
A Quo jure, to try for Common:      


TABLE 31.  
A personal Original Writ is also 

A Praecipe 

A Praecipe quod reddat 

Debt, and a Writ of Annuity.  
Detinue:    
A Praecipe quod faciat 

An Action o● Account:  
An Action of Covenant:      
A Si fecerit te securum, Tab: 32:      


TABLE 32.  
A personal si fecerit te securum. which is 

Without force 

Where the peace is not broken 

1: Rationabili parte bonorum:  
2. Valour Maritagii:  
3: Writ or forfeiture of marriage:  
4: Intrusion of Ward:  
5: Ejectione custodiae:  
6: Quare ejecit infra terminum:  
7: Trespasses upon the Case, not against the Peace:    
Where the Peace is broken, yet not Vi, as 

An Action of Deceit:  
An Action of Conspiracy.      
With force 

An Action of Trespass:  
Special Actions of Trespass, as 

De parco fracto.  
Rescous:  
Ejectione firmae:          

TABLE 33.  
An Appeal which concerneth life, and is the parties private Action, prosecuting also for the Crown, in respect of a Felony, and this is given only to the Heir of the party slain.   


TABLE 34.  
A Commissionall Writ, which is either 

Commissionary, as 

A Writ of right Patent:  
A Justiciis 

An assize of petty Nuisance:  
Admeasurement of Dower:  
Admeasurement of Pasture:  
A Nativo habendo.  
A Rationabilibus divisis.  
A Homine re●legiando.  
A Replevin:  
Also many of the Actions th●● went before; as Consue●●● nibus & Servitiis, Secta 〈◊〉 molendinum, Quod permit●● Mesne, Dower, Unde 〈◊〉 habet, Annuity, Debt, Detinue, Covenant, Trespass &c: to what summ● soever be brought, and also determined in the County by Justice's:      
Mere Commissions, as 

Oyer and Terminer:  
Association:  
Si non omnes:  
Ad quod damnum.  
Perambulatione faci● de:        


TABLE 35.  
In Courts that hold plea without original Writ, the Suit may be by 

Plaint in matters that conce●● Common pleas:  
Bill, in Pleas of the Crown; a● Officers of any Court (by privilege) may sue, or be 〈◊〉 there, and not elsewhere by 〈◊〉      


TABLE 36.  
Suits for the King are 

A Quo warranto, for the trying of the right of Franchises.  
As inquiry by a Jury, which is an 

Office to entitle the King to some Possession, whereof consider 

The several ways how it may be found, viz. Virtute officii brevis, & Commissionis  
The several Writs or Commissions used therein concerning a Wardship, viz 

For finding of it 

Diem clausit extremum; within the year after the tenant's death.  
Mandamus after the year.  
Devenerunt, when the Ancestor died in Ward to the King:    
For mending it 

Quae plura Melius Inquirendum.  
Datum est nobis intelligi.    
For discharge of it 

An Aetate probanda.  
A Writ of Livery, for Lands in Capite.  
An Ouster le main, for other Knight-service Lands.      
How the party may be relieved against it 

By Traverse, or Monstrans de droit, when the King is entitled by Office only.  
By Petition, when he is entitled by double matter of Record, as when the Office finds an Attainder of Treason, or the like.      
Presentment or Indictment, to find an Offence against the King, and for penal Laws, an Information.        


TABLE 37.  
The Original Process, which is 

Proper 

Single 

By the Possessions 

By the Land 

In all real Praecipes quod reddat: 

Summons i● Land.  
Grand cape, i● seize it into the King's hands.    
A Mortdancester, juris utrum & darrein presentment. 

Summons.  
Re-summons & upon default the Inquest awarded.      
By the Goods, as in Assizes of nove● Disseisin & Nuisance, Attachment by the defendants goods, which h● shall lose if he appear not, and up on default the Inquest awarded    
By the person (in Mayhem, Felony, and Treason) Cap. Exig. Outlawry.    
Mixed 

By the goods and lands 

In all other real Actions, and in all personal Actions (except Trespass & offences against the public, and also in all Justicies. 

Summons b● the Goods.  
Attachment.  
Distress Infinite, and ●sues of the Land.    
In all Trespasses upon the Case (except Deceit and conspiracy) and in all Offences in the nature of Trespasses upon the Case. 

Attachment. Distres● infinit● and i●sues.      
By the goods and person, as in Trespass vi, Deceit, Conspiracy, and Offence against the public; Attachment, Distress infinite, and upon nihil return 3. Capias Exigent, Outlawry.      
Improper, Tab. 38.      


TABLE 38.  
Improper, which is not to bring any matter into Plea, or solemn Action, but only to do, or leave undone something, and in is 

Commandatorie, as 

Dote assignanda.  
Homagio capiendo.  
Scutagio habendo.  
De Corrodio habendo.  
De Annua pensione hab.  
De Libertatibus alloc.  
De executione Judicii.  
De restitutione Temporalium.  
De securitate pacis.  
De vi laica removenda.  
Of cleansing Streets.  
De excommunicato capiendo.  
De excommunicato deliberando.  
De leproso amovendo.  
De cautione admittenda.  
De haeretico comburendo.  
De Coronatore exonerando.  
De Coronatore eligendo.  
De exoner. vi●: forest.  
De Electione vi●: forest.  
A Writ for the Royal Assent, to elect an Abbot.  
De securitate invenienda.  
All Dedimus potestatems, the fine levando, de attornato faciendo, etc.    
Prohibitory, Tab. 39      


TABLE 39  
Prohibitory, as 

1: A Protection, cum clausula nolumus, to free ones Possessions, that nothing be taken against his will for the King's business.  
2: To discharge Spiritual Persons of Fi●teens:  
3: Quod clerici non eligantur in Officium B●livi, &c:  
4: To forbid Tenant in Dower, by the Courtesy, or Guardian by Knight service, o● in Soccage to commit Waste, to the destruction of the Inheritance:  
5: A Quo minus, for Grantee of Estover, to restrain the Grantors from committing Waste, so as he cannot have his Estovers.  
6: De exoneratione sectae, for Tenants by Suit of Court or other Services that they be not distrained to do the same for such ti●● as they ought to hold the Land discharged.  
7 D● deonerando pro rata, to discharge the Tenant of parcel of the Land according 〈◊〉 the rate of his Land, when he i● lawfully distrained for all the Rent and Services:  
8. De essendo quieto de Thelonio.  
9 De non ponendo in Juratis.  
10. Ne exeas regnum.      


TABLE 40.  
The Proceeding, which consists in 

The Count, or Declaration.  
The pleading, which Pleas are 

The Defendants first Pleas, viz. 

Dilatory, by taking 

Exceptions 

In disability 

To the jurisdiction of the Court.  
To the person.    
In Abatement 

To the Writ, as default of form, false Latin, etc. and here, if the default be not caused by the Plaintiff, a new Writ may be had by Journeys Accounts.  
To the Count, as insufficiency, variance from the Writ, etc.      
Foreign advantages 

In all Actions, as Oyer of the Writ, Condition, etc.  
In real Actions, as 

View.  
Ayde-prayer:  
Vourcher:    
In certain personal Actions: 

Garnishment:  
Enter pleader, which may also be in a Quare impedit:      
Sanctuary, and there continuing, viz. for Treason, and other Capital Offences:    
To the action, as 

Pleas in Bar:  
Confessions, to which place Abjuration may be referred, when one guilty of bare Felony, flieth to the Church, &c: and there before the Coroner confesseth the Fact, and abjures the Realm:      
The mutual pleas of Plaintiff & Defen: Tab: 41:    
Other mean Acts, Tab: 42.      


TABLE 41.  
The mutual Pleas of plaintiff and Defendant, viz. 

The delating before issue, as Replication, rejoinder, sur-rejoin, etc.  
The Issue itself 

Of the Fact, and then the trial is 

1: Of a matter done in the Country, by Jury, where challenges are allowed, viz. 

To the Array.  
To the Poles.    
2: In Writs of right or appeals for life by Battle.  
3. In a Writ of Dower (when the issue is taken upon the death of her husband) by witness:  
4. By wager of Law. 

1. When the Tenant in a real praecipe quod read● was not summoned.  
2. In mere personal actions growing without deed or privity of others.  
3. In Plaints in Coun● Barons.      
Of the Law, as a Demurrer, which i● when (admitting the matters alleged (either of them resteth in th● Judgement of the Law.        


TABLE 42.  
Other mean Acts, as 

1. Appearance where, of essoins, which are 

Common, as Essoine de mal venir.  
Special 

1. Of going beyond Sea.  
2. Of going ad terram Sanctam.  
3. Of the King's Service.  
4. Demalo lecti.      
2. Continuance 

By Process.  
Upon the Roll 

Dies datus.  
Emparlance.      
3. Judicial process 

A Mesne process, which is for any necessary act to be done as against Vouchee, Prayee in aid, also 

1. Upon a fine levied to compel Attornment, as 

1: Per quae servitia  
2. Quem redditum reddit.  
3. Quid juris clamat.    
2 In Petitions, a Writ of search.  
3. In real praecipe, upon a default, petty Cape.  
4. Upon default, after Voucher, a petty Cape, ad valentiam.  
5. In such as are for other Hereditaments, upon default, a distress.  
6. Against Jurors 

1. A Venire facias.  
2. A Habeas Corpora.  
3. A Distress infinite.      
Process in nature of new Originals, Tab, 43.        


TABLE 43.  
Process in the nature of new Originals, & they are 

Commandatory, viz. such as command something to be done 

1: Resummons, Re-attachment:  
2: All certificatory Writs:  
3: A Certiorari, to remove a Record into the Chancery:  
4. Writs to remove Suits 

By Writ, as a 

Tolt, to remove a Writ of right out of the Lords into the County-Court:  
Pone, to remove out of the Lords Court into the common place in all other causes:    
By Plaint, as a 

Recordare, to remove Plaints in the County-Court:  
Accedas ad curiam, to remove Plaints in a Courtbaron:      
5: A Mi●timus to send a Record out of the Chancery into another Court of Record:  
6: A Procedendo, to proceed in Suits:  
7: A Consultation, to proceed in the Spiritual Court.  
8: A Writ of Mainprize, to set one at liberty upon Bail:  
9: A Recaption for him, whose Goods are distrained for the same thing:  
10. A Writ de Magna Assisa eligenda:  
11: A Certificate of Assize to Jurors, to give a more perfect Verdict:  
12: A Proprietate probanda:    
Prohibitory Writs, Tab: 45.      


TABLE 45.  
Prohibitory Writs, or Process, as 

1. Prohibitions, of this kind is an Indicavit.  
2. A Supersedeas, of which kind are 

1. A Writ of Peace.  
2. A Libertate probanda.  
3. An Identitate nominis.    
3. Protections Cum clausula volumus, as 

Protectio quia profecturus.  
Protectio, quia moratur, whither also may be referred, Protectio quia in prisona.    
4. Essoine de malo lecti.  
5. A Ne admittas.  
6. A Quare incumbravit.      


TABLE 46  
Judgement which hath Judicial Writs belonging to it, viz. 

Mere Judicial, and they are 

Such as lie within a year and a day after the Judgement 

In real actions 

1. Habere facias seisinam, to pu● him in possession upon a  recovered.  
2. A Writ to the Bishop to admit ones Clerk.    
In personal Actions to have Execution of his 

Possessions, as 

1. Fieri facias, to levy execution upon his Chattels.  
2. Levari facias, to levy execution of the profi●● of his Land and Chattels.  
3. Habere facias possessionem, upon recovery of a term for years in a● Ejectione firmae, etc.  
4. A Distringas, for the King's Amerciaments, etc.    
Bodily, as 

Capias ad satisfaciendu●  
Capias pro fine Regis.  
Capias Utlagatum. 

For the King        
A Scire facias, to warn the Defendant after a year upon recovery in real Actions, to show cause why the Plaintiff should not have Execution.    
New Originals, Tab. 47.        


TABLE 47.  
New Originals in the nature of Judicial Writs, to order some matters concerning Judgements, and these are grounded 

Upon an Error 

A Writ of Error, which is upon an Error in a Court of Record.  
A Writ of false Judgement, which is upon an Error in a base Court.    
Otherwise, as 

Attaint, which is to inquire whether a Jury of twelve men gave a false Verdict.  
Audita querela, which is for one being, or to be in Execution, to relieve him upon good matter of discharge which he hath no means to plead.         

A TABLE, showing the Pages in the English Copy of Sir Henry Finches Treatise of the Law, from whence each Tablet takes its beginning.  
Table Page 1 77 2 95 3 106 4 111 5 116 6 130 7 134 8 155 9 159 10 164 11 167 12 184 13 190 14 198 15 205 16 These are taken out of the French Copy, being omitted in the English. 17 18 19 20 206 21 218 22 221 23 225 24 249 25 252 26 264 27 266 28 269 29 272 30 284 31 294 32 303 33 310 34 312 35 320 36 322 37 343 38 490 39 502 40 356 41 390 42 427 43 441 44 446 45 450 46 459 47 478  
FINIS.