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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 diſtreined39
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 ſucceſſors125.
Fine for lands aliened without Licence 143. by the defendant in an action of Treſpaſſe189.
Franchiſe what? 164. of diuers kinds166.
Frankalmoigne what? 138, 139. the Lord muſt warrant ſuch a tenant139.
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 law15.
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 thereofibid.
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 Iurours399, 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, & whē204.
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 another35.

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)