Law · Henry Finch
Law, Index
The Table.
A
| ABatement of the writ, 49. for what cauſes. | ibid. |
| Acceptance of a grant determineth preſcription. | 22 |
| Acceſſarie things are of the nature of the principall. | 23 |
| Account. | 302 |
| Accord, what it is, 181 differeth from an arbitrement. | 181. 183. |
| Action what. 225. where locall, and where not, 251. Action of the caſe wherefore brought, 185, 186. for a corporall hurt dyeth with the partie. | 17 |
| Acquitall, of the donees in frankmarriage by the donor, 141. of the donee in frankalmoigne by the donor. | 139 |
| Ad terminum qui praeterijt. | 263 |
| Age, of diſcretion, 28. that ſhall bind a man or woman in matter of marriage, ibid. that maketh a woman capable of dower, ibid. 126. of a woman to continue ward. | 146 |
| Alien, triall betweene him and a denizen ſhall be per medietatem linguae. 411. being enemie ſhall not hauehave a perſonal action, 28 an obligation made to him ſhall go to the king, ibid. his goods ſhall be to their vſe that ſeiſe them. | 178 |
| Aide what. | 145. 146 |
| Annuitie what, 161. the vſe of the writ of annuitie. | 301 |
| Amercement, the Qu. ſhall not bee amerced, 185. in what caſes the plaintife ſhall bee amerced, 189. in what caſes the defendant, ibid. officer amerced. | 229 |
| Amendment done by the Iuſtices of the Clarks error. | 228 |
| Apportionment, a dutie growing vponupon a contract cannot bee apportioned. | 180 |
| Appeale. | 310 |
| Approuer. | 387 |
| Aſſault, what. | 202 |
| Aſſiſe. | 284 |
| Atturnement of Tenant by homage anceſtrel deſtroyeth the warrantie, 144. in what caſes it is neceſſarie. 156. of tenant of the freehold is ſufficient. | 157. |
| Auerment cannot bee againſt an Indenture, 109. nor a Record of Court. | 1…1 |
| Authoritie, deriued cannot bee greater then that frō which it is deriued. | 11 |
B
| BAilment, of two ſorts. | 179 |
| Barons, what. 86 ſhall not bee impleaded by that name. | 87 |
| Baſtard, who, 117. cannot inherit, ibid. in what caſe hee may gaine a right of inheritance. | 118 |
| Batterie, what, 203. when not puniſhable. | ibid. |
| Boroughes what, 92. the difference betweene them and Townes. | ibid. |
| Burglarie what. | 217 |
C
| CAuſe, if that ceaſe the effect ceaſeth alſo. 8, 9. things conſtrued occording to that which was the cauſe thereof. | 10 |
| Cauſa matrimonij praelocuti. | 264 |
| Challenge. | 412, 413 |
| Claime, 121 of villeins goods by the Lord. | 159 |
| Colour, in giuing it what muſt bee obſerued. | 380, 381 |
| Commiſſions. | 318 |
| Common what. | 157 |
| Common-wealth, things which concerne it fauoured. | 39 |
| Confeſſion. | 387 |
| Confirmation what. | 108 |
| Conſideration, it maketh the promiſe binding, 34. what ſhall be a good cō ſideration to raiſe an vſe. | 25 |
| Conſolidation what, | 90 |
| Conſpiracio, 305. how made and how puniſhed, | ibid. |
| Conſuetudinibus & ſeruitijs. | 272 |
| Contempts what. | 205 |
| Coparceners, who. 118. the eldeſt ſhall hauehave the chiefe houſe, 132. ſhe onelyonly ſhall do homage, 142. vnleſſe the land be held of the king, 144. they may compell partition. | 36 |
| Corodie what. | 157 |
| Coroner, his Court. 243. muſt take no fee, 244. in what caſe proceſſe is directed to him. | ibid. |
| Corporation, 87. of two ſorts, 91. a Parſon is a Corporation, 88. regular corporations what. 92. ſecular what. 93. thoſe ſpirituall are either preſentatiue or datiue. 9…. Churchwardens … Corporation. | 178 |
| Count what. | 357 |
| Countie what. | 79 |
| Countermand, where good and where not. | 31 |
| Cui in vita. | 265 |
| Curia claudenda. | 276 |
| Curteſie of England, in what caſe the husband ſhall take benefit thereby, 129 ſhall not bee of a poſſeſſion in Law, ibid. why ſo called. | ibid. |
D
| DAy, the Sabbath is no day for Law caſes, 7. Sale vponupon that day altereth no propertie, ibid. if the end of the terme or day of returne bee on that day, the day following is taken in ſteed of it, 236. things done in the day fauoured more than thoſe done in the night. | 38 |
| Debt and detinue. | 294 |
| Deceit, 305. what, 188. in what caſes a man may hauehave remedie. | ibid. 189 |
| Deeds what, 108. of two ſorts, 109. to whom they belong, ibid. void in the beginning cannot hauehave a good perfection, 12. not auailable if read falſely to an vnlearned mā. | 109 |
| Deodand what. | 214 |
| Departure what. | 50, 51 |
| Diſcontinuance, what 190. how made. | ib. |
| Diſſeiſin what. | 195 |
| Diſtreſſe, 135. what may bee diſtreined, and what not, ibid. the King may diſtreine where a cō mon perſon may not, 136. where diſtreſſe may not bee taken, ibid. it may not be driuen forth of that Hundred where it was taken, 137. A Millſtone cannot be diſtreined | 39 |
| Dower, in what caſe the wife ſhall bee endowed. 125. 126. is forfeited by granting a greater eſtate, 114. barred by liuing in adulterie, 127. by detaining deeds concerning the inheritance, 126. by conſenting to the rauiſher. | 204 |
| Dum fuit infra aetatem. | 264 |
| Dum non fuit compos mentis. | 264 |
E
| Electione firmae. | 310 |
| Enterpleader, what. | 374 |
| Entrie, whereof one copercener ſhall bee the entrie of the reſt, 118. gaineth right of inheritance to a baſtard eigne, 118. the writ. | 261, 262 |
| Eſchete when, 130. of all Cities belongs to the King. | 132 |
| Eſcheator, ſhall tarrie in his place but one yeare. | 241 |
| Error, being common goeth for Law, 41. of the Clarke of the Court amended, 227. if the Sherife ſuffer a common recouerie it is errour: | 19 |
| Eſtoppell, made by pleas in barre, and replications, 32. but matter in the writ or count doth not. | 33 |
| Exchange, warrantie knit thereto by Law, 116. when good and when otherwiſe. | 103. 104 |
| Executours, they muſt proue the Will. 171. may not refuſe after adminiſtring, ibid. what duties they muſt firſt diſcharge 172. of an Executor is executor to the firſt teſtatour, 173. muſt pay duties vponupon record firſt. | 233 |
| Extinguiſhment, if a woman marrie the obligor the debt is extinct. | 40 |
F
| Fealtie what? | 138. |
| Felonie what? | 210 |
| Fee ſimple of two ſorts 121, is by giuing lands to Maior and and Comminaltie without naming ſucceſſors | 125. |
| Fine for lands aliened without Licence 143. by the defendant in an action of Treſpaſſe | 189. |
| Franchiſe what? 164. of diuers kinds | 166. |
| Frankalmoigne what? 138, 139. the Lord muſt warrant ſuch a tenant | 139. |
| Frankmariage what? 123. Land cannot be giuen in Frankemariage with a mā 123. Land ſo giuen is held by fealty only. | 140, 141. |
| Forfeiture, what ſhall not be forfeited by attainder of treaſon 15. of a termour by plucking the inheritance out of him that hath it, 113. by alienation without licence, 142, 143. of a franchiſe by miſuſing it, | 164. |
G
| GAuelkind, 78. the cuſtome thereof not changed by hauing a fine and recouerie at Common law | 15. |
| Grant, of an infāt, 102. 103. by compulſion, 102. canot be of things in action. 107. what things may not be granted ouer, | 17. |
H
| HEire what, 116. in what caſe he ſhall bee bound by his anceſtor, | 119. |
| Hereditaments what. | 111, 134. |
| Hereſie what, 219. the puniſhment thereof | ibid. |
| Homage, what, and how performed, 142. to the King ſhall be taken by his Chamberlaine, ibid. anceſtrell, 144. incident to Knights ſeruice, | 149. |
| Hotchpot, what, 124. in what caſes it ſhal be, | ibid. |
I
| IDeot, the king ſhal hauehave to his owne vſe all his poſſeſſion during his ideocie, 95. his grant is void, | 102, 103. |
| Incidents cannot bee ſeuered, 15. homage incident to knights ſeruice, | 149. |
| Infant, his will nothing worth though he dieth at full age, 12. his grant voyd, 102: vnleſſe for things neceſſarie, | 103. |
| Ioyntenant who, 97. the ſuruiuour ſhall hauehave the whole, ibid. cannot ſue one another, | 37. |
| Iſſue what? | 396. |
| Iuris Ʋtrum, | 292. |
| Iurors returned to appeare at the Sherifs turne, 243. trialls by Iurours | 399, 400, 401. |
| Iuſticies, | 314. |
K
| King, he is the Head of the Commonwealth, 81. hee cannot be nonſuit, 82. alwaies preſent in Court, 81. when bound by act of Parliament, 84. 234 all land is holden of him, 132. beeing tenant in Common of an entire Chattel reall, ſhall hauehave the whole, 178. how his grant ſhall bee taken, 101. cannot diſpence with an Act of Parliament before it bee made, | 235. |
| Knights ſeruice, homage is incident thereunto, | 149. |
L
| LAnd what, 130. what is comprehended vnderunder that name, | 131. |
| Laps what, | 90. |
| Law defined, 1. Natiue or poſitiue, 2. it fauoureth right, | 45. |
| Leaſes, what Leaſes made by a Corporation are void. | 192 |
| Lunaticks, the King ſhal hauehave their poſſeſſions, | 96. |
M
| MAintenance, a ſonne may maintain his father, | 25. |
| Mayme what, & whē | 204. |
| Manſlaughter what, 212. 215. is pardned by a pardon of murder, | 21. |
| Menace what, 201. when a treſpas, | 202 |
| Meſne what, 140. muſt acquit the tenant of all ſeruices againſt the lord paramount, | ib. |
| Miſpriſion what, | 209. |
| Murder what, 215. when one may iuſtifie to kill another | 35. |
N
| Neceſſitie, it ſaueth the partie from puniſhment, | 35. |
| Notice muſt be taken by the Court of all apparent faults proceeding from the action, | 226. |
| Nuſance what, 187. is to be remoued, 188. the Kings Licence doth not make it lawfull, | 234. |
| Nuper obijt, | 293. |
O
| OAth taken by officers, | 230 |
| Office what, 162. a grant thereof to an vnskilfull man is void. ibid. offices for the King. | 323 |
| Officers what. | 229 |
| Ordinarie, eueryevery Parſon muſt be preſented to him. 89. …ay collate after ſixe moneths auoidance 90. by conſent of patrons may vnite two Churches, ibid. may adminiſter the goods where no Will is 173. ſhal be anſwerable for the inteſtates debts, 174 immediat officer to Courts for ſpiritual matters. | 237 |
| Oyer of a deed. | 366 |
P
| PArſon, is a corporation, 87. is freed from perſonal charges, 88. to whom preſented, 89 how inducted, ibid. the Church and Churchyard belong to him. 131. One cannot preſent him ſelfe to a benefice. 19. chargeable for an annuitie granted by his predeceſſour. | 23 |
| Peeres, where one is a a partie to the action, a Knight muſt be of the Iurie, 412. ſhall be tried by his Peeres, ib. exempted from doing ſuite at Courts. | 241 |
| Petie treaſon, what. 218 how puniſhed, ibid. of diuers ſorts. | 230 |
| Plaints what, & where holden. | 320 |
| Pleading, what. 359. the manner thereof. 360 of ſeueral ſorts. 362. 363. Pleas in barre. | 378 |
| Pypowders, that court incident to Faires and Markets. 246. trials there ſhall be by the Merchants. | 412 |
| Poſſeſſion what. 104. it preuaileth where the right is equall. | 30 |
| Poſſibilitie, may preſerue an Act from being void. | 33 |
| Preſcription, where it maketh right, and where not, 132. is as auaileable as any grant. | 104 |
| Preſentments. | 335 |
| Propertie, not changed by ſale vponupon the Sabath day. 7. cannot bee had in wilde beaſts and foules of the ayre. 176. when the Lord hath propertie in an eſtray. 177. of goods may be in an alien. 178. when altered by ſale of another mās goods. 180. altered by an accord made of a perſonal thing. 182. deueſted by wrongfull taking of goods. 199. not altered by ſtealth. | 210 |
Q
| QVare impedit. | 274 |
| Queene, ſhee may hauehave an action in her owne name. 86. making leaſes, &c. they ſhall bee good for her life. 86 ſhe ſhall not be amerced. | 185 |
| Quo warranto. | 322 |
| Quod permittat. | 274 |
R
| RApe, what. | 204 |
| Relation, of words to the next antecedent. | 8 |
| Releaſe, what. 107. void without priuitie. | 115 |
| Remainder, what. | 113 |
| Remitter, what, 194. when iſſue in taile ſhall bee remitted. | 18 |
| Rent, charge what. 15… ſecke what, ibid. reſerued vponupon a gift of lands in frank-marriage, when good. | 18 |
| Reſcous. | 310 |
| Reuertion, what. | 113 |
| Right, what. 106. a writ of right, 270. of Right patent. | 312 |
| Robberie, what. | 217 |
S
| SEiſin, the vſe therof. 132. from what time it ſhall bee alledged. | 258 |
| Seruices, are common to all certaine Eſtates and proper inheritances 138. Deuine Seruice, what. 139. Knights ſeruice, what. | 149 |
| Sherife, ſuffering a recouerie it is errour. 19. felonie in him to behead one that ſhould bee hanged. | 31 |
| Sine aſſenſu capituli. | 265 |
| Soccage tenure, what. | 147 |
| Sodomitrie, what. | 219 |
| Suit of Court, what. 144 cannot be done by deputie, 16. who ſhal be conſtreined to do it. 145. muſt be done at the Sherifes turne by eueryevery one of 12. yeares of age. 241. women & Peeres of the Realm are excepted. | 241. 242 |
T
| TAles. | 414. 415 |
| Termes, whē they begin, and end, and their ſeuerall returnes. | 236 |
| Tenement, what. 130. of two ſorts. | ibid. |
| Teſtament, what. 167. all chattels may be deuiſed. ibid. what lands may be deuiſed. | 169. 170 |
| Title what. 106. pretenſed titles when they may bee ſold. | 250 |
| Towne, chargeable with the goods of offendors. | 207 |
| Treaſon what, | 220. 221 |
V
| VAriance, betweene the writ and obligation. | 49 |
| View. | 366 |
| Villeine, what 159. his originall, 160. 232. the lord muſt claim his goods. 159. where the lord may not ſeiſe him, 160. his children are villeins, 160. what ſhal bee an infranchiſement, ibid. ſhall make free land to be villeine land. 23. being an executour may hauehave an action againſt his Lord. | 27 |
| Vncertaintie maketh the grant void. | 49 |
| Void things good to ſome purpoſe. | 62 |
| Vſe, feoffement to the vſe of a villeine the Lord may enter. | 159 |
| Vſurpation, what. 196 how done. | ibid. |
W
| VVAger of bat tell ſhall not be by Coſins in a writ of right. | 25 |
| Ward ſhal be his that can firſt happe him. | 30 |
| Warranty, what word maketh it. 115. knit by Law to euerie exchange. 116▪ occaſioned by homage aunceſtrell. 144. which is deſtroyed by Atturnment. ib. where it maketh a diſcontinuance. 193 the writ of Warrantia chartae. | 278 |
| Waſt, the wife ſhall not be charged for waſt done by the husband. 26. iudgement ſhall not bee giuen in waſte, where the waſte is but 12. pence. | 29 |
| Way granted ouer anothers ground ſhal bee to the grantee only, 17. & he cannot aſſigne it ouer, 31. giuen by law to a thing excepted, | 63 |
| Women may relieue their husbands though it bee felonie in another, 25. are free from ſuite of Court, 241. when ſaid to bee waiued, 242. ſhal be indowed of the beſt poſſeſſion of her huſband, | 26. |
| Wrecke, ſhall not bee if any liuing Creature eſcape out of the ſhip, | 177. |
| Writ what, 237. of two ſorts, 252. abated for falſe Latin, | Ib. |
FINIS.
End of the text · Henry Finch, Law (1627)