Summary of Common Law of England, Title page – To the reader

Summary of Common Law of England · Title page – To the reader

A SUMMARY OF THE COMMON LAW OF England.

As it stood in force, before it was altered by Statute or Acts of PARLIAMENT.

…xtracted (for the most part) out of the French and English Copies of Sir HENRY FINCH, K^t. his Learned Treatise of the LAW.

…nd digested into certain, Tablets for the help and delight of such Students, as affect Method.

Methodus Memoriae Dux & Fulcrum…

LONDON: …rinted Anno Salutis, 16…

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 and intricate, that it hath alwayes 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 paralleld with (if not extolled above) that of Wollebius for Theologie, Ramus for Geometry, Keckerman, Al…tedius, and other modern Writers, for Logick, Ethiques, Physiques, Politiques, Mathematiques, &c. So as the Student having treasured up in his memory the common places of Law held forth in these Tablets, together with their coherence and dependance one upon another, may be thereby furnished with all the generall and necessary Titles of Law, whereunto he may aptly refer any Case… meets with, especially, having also bef… hand, by perusing the Treatise at large… quainted himselfe with the definitions,… stributions, affections, Rules and Exampl… respectively belonging to each severall Tit… whereby he may more perfectly understa… the nature of them. Besides, if the Text not read with these Tablets, he will m… with diverse things in them which are n… abrogated by Statute, and so not Law at t… day, as Sanctuaries, which are now annul… by 21 Jac. 28. diverse offences (befor… Pety Treason, now by Statute made Hi… Treason, and the like. All which is left his industry and discretion: the scope a… designe of this Summary being only to she… him the Harmonicall frame of the origin… Common Law before it was altered by Statu… Acts of Parliament, and other Constitutio… of State, according to the caution before… the Title Page premised.

TABLE 1.

… the …mmon …w of …gland, …serve

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 diverse usages, differing from the Common Law, called Customes.

The persons, who are to use it, and they are to be considered

As one entire body

The King

His Subjects,

Barons.

Commons

As particular persons

Naturall persons, as every man.

Bodies politique

At the Com. Law

The King alone, and by himself considered.

The Rector of a Church or Parson.

Grown of later time,

Temporal, as Major and Comminalty, &c.

Spirituall

Regular, as Abbot and Covent, &c.

Secular, as Bishop and Chapter, &c.

2, The parts, See Tab. 2.

3. The common affection, viz. action, Tab. 23.

TABLE 2:

The parts of the common Law are two,

The one concerns Possessions, whereof consider

The generall affections

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

Grant.

Exchange.

Prescription.

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

Joynt Tenants, who possesse by the same title.

Tenants in common, who possesse by severall 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 o… not doing of som… thing.

Absolute, which is neither upon limitation or condition.

4. Tab. 3.

The species, or severall kindes, Tab. 4.

The other, the punishment of offences, 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 w^ch concern it

1. A thing in action cānot be granted, but to him in possession, & that by

Releas, which is the passing of the grantors Interest.

Confirmation, w^ch is the ratifying of the grantees possession.

2. The grant of a thing in action, and of such things in possession, as cannot passe by livery of the hand, must be by Deed. viz.

Deed Pol, which is the only deed of the Grantor.

Indenture, which is the mutuall 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 severall Estates, viz.

Particular, viz.

Uncertain

At sufferance, when afrer lawfull occupation he continueth possession without authority.

At will

According to the custom, as a Copiholder.

At pleasure, as a bare Tenant at will.

Certain, which is also called a term, whereof consider

The dependants

Remainder, w^ch 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 passe with Attornement.

The severall kindes.

For years.

For life

In deed after actual seisin.

In Law before entry

For his own life.

For anothers life, & these are

Freehold These pass by surrēder

Inheritance. Tab. 5.

The seuerall kindes. Tab. 6.

Chattel. Tab. 11.

TABLE 5.

Inheritance, whereof consider

The estate called fee-simple, which is

Conditionall, when an Hereditament is limited to the heires of the body: Hither Frank-marriage 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.

Tenancie, by the courresie of England.

The diverse manners of possessing it, viz. in

Deed.

Law.

TABLE 6.

The severall kinds of an Hereditamēt, and so it is

Common, as

A Tenement, w^ch is a possession holdē, and it is

Land, which is a Tenemēt in manuall 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 distresse, as

A Seigniorie, which is a service, whereby Land is holden, and such services are

Common to all certain Estates

Fealtie.

Rent service: Hither also may be referred Frankalmoigne, and Divine Service.

Proper to Inheritance

Generall

Homage.

Suite of Court.

Particular, whereby Lands are distinguished

The Services themselves,

Soccage.

Knight Service.

The Incidents,

In the Lords lifetime, as reasonable Ayde.

After his death, as Wardship and Relief.

A Rent 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 person. Tab. 9.

TABLE 8.

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

Rent secke, which is a rent without liberty to distrain.

Common, which is a profit to be taken in anothers land: whither also may be referred Estovers, Houseboot, &c. 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 himselfe, as a Villein.

By reason of the person, viz.

An Annuity, which is a yearly rent to be had of the person of the grantor.

A Corodie, which is a portion for ones sustenance or cloathing.

An Office, which is a duty of attendance upon a charge.

TABLE 10.

A Prerogative hereditament, which is derived from the Kings prerogative, and is termed a Franchise, being a Royall priviledge in the hands of a Subject; as Markets, Faires, Toll, and whatsoever liberties else, which (created at first by the Kings speciall 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, Estrayes, the goods of Felons, and outlawed persons, Royall mines, Royall Fish; to keep a Leet, to take Conusance of Fines, to hold plea of debts and damages, Sans summe, and the like.

TABLE 11.

A Chattel, wherein there cannot be severall estates whereof consider

The common affection, viz. That all ones own Chattels (whether in possession or action, as debts, &c.) may be devised by Testament, which is the appointment of an Executor to administer them for him after his death.

The severall kindes, and so it is

Real, as a term for years, or Wardship.

Personall, to which diverse things belong.

In generall

Bailment, which is the delivery of goods

To keepe, when only the custodie is committed to him, and that is

A simple bailement, when he receiveth them to keepe 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 anothers profit.

Contract, which is a mutuall 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, w^ch is an award of satisfaction by others.

TABLE 12.

Punishment of Offences, which are

Without force, as

Trespasse upon the Case

Common, as

Misuser, when by wrong one is endamaged, as by slander, or the like, amongst which observe

Disturbance, w^ch is the hindering of that, which belongeth to one to do.

Nusance, which is an annoyance done to ones Hereditament.

Deceit, when the damage groweth by an undue sleight or the like.

Conspiracie, where two or more conspire to do one wrong, or the like.

Offences in the nature of Trespasses upon the Case, which are (by the Kings prerogative) punishable like to them, viz. by amerciament; as Nonsuit in an action; Fault in the original Writ he brings; Or (by the sheriffe) in the return thereof; Making default, when he should appear; And whatsoever other offences (not being with force) which offer no direct in jury to a common person.

Reall wrong, Tab. 13.

Coupled with force. Tab. 14.

TABLE 13.

A reall wrōg is

Discontinuance, when one having an Estate Taile or Feesimple in anothers right, maketh a larger Estate of the land, then he may.

Ouster, When a Freeholder is put out, as

Of the first sort

Disseisin of

Land when one is put or held out by a forcible

Entry.

Detainer.

Rent, as

In every rent by

Incloser.

Forstaller.

In rent service & rent charge by

Rescous.

Replevin.

In rent charge and rent secke, by denier.

Usurpation, when the Church becometh full by the presentment of a wrong Patron.

Of the secōd sort,

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, & they are

Not punishable by death,

Trespasses, and they touch

Possessions, as in

Goods, which is the wrong full taking of them wit… pretence of title.

Land, when it is done upon an actual possession thereof.

The person, and so Trespasses are

With pretēce of violence, as

Menaces, w^ch are threatning words of beating one, o… the like.

Assault, which is an unlawfull setting upon ones person.

With violence indeed, as

False Imprisonment, w^ch is an unlawfull restraint of liberty.

Bodily hurts, & they are

Outward violencies

Batterie, which is the wrongfull beating of one.

Mayhem, which is the wrongfull spoiling of a member defensible in fight.

Rape, which is the carnall abusing of a woman against her will.

Offences against the publique, Tab. 15.

Punishable by death, Tab. 20.

TABLE 15.

Offences against the publique, and they are

Against the King, which are called contempts, as

1. To disobey the Kings command

By his Writ.

By his Proclamation.

2. To disobey any thing ordained by Statute.

Against the Cōmon wealth, viz. against

1. The peace thereof, as Riots, Routs, unlawfull Assemblies, breach of the peace, and Good behaviour, false news, Barratring, Eves-dropping, &c. Also all trespasses with force, for which a man may both be both indicted, and prosecuted at Law by the suite of the partie.

2. The strength, as to send aide to the Kings enemies, to go beyond sea without the Kings Licence, &c.

3. The Justice, Tab. 16.

4. The Wealth, Tab. 18.

5. The Passages. Tab. 19.

TABLE 16.

3. Publique Offences against the Justice of the Comon wealth; as

1. Perverting of Justice, as Corrupt Judges, who pervert Justice; Corrupt or negligent Officers; Enditors, Corrupt Jurors Extortion; Escapes, negligent and voluntary. &c.

2. All force against the Justice of the Realm as Rescous of a Fellon or others; Affraie… in disturbance of Justice; to go arme… in the Kings Palace: To strike in Westminster Hall, for which he shall lose his righ… hand; so shall he that strikes a Juror i… the presence of the Justices, and be al… committed to perpetuall Imprisonment.

3. Conventicles, which comprehend conspirators and confederators, Maintenanc… Champartie, &c.

4. Offences in favour of Malefactors. Tab 17.

TABLE 17.

4. Offences in favour of Malefactors, as Misprisions of Treason or Felonie, which for Treason is perpetuall …mprisonment: Theft-boot, when a man receives his goods from a Theefe, with purpose to favour and main…ain him; here the punishment is Ransome and Impri…onment; not assisting the Sheriffe, Constable, or other Officer, &c.

5. Contempt of Justice, as he that flies for Treason or Felonie: He that in case of Treason or Felonie tarries …he Exigent; He that suffers himselfe to be outlawed, &c.

6. Falsifying of Justice, as Perjury, Subornation, Forgery, Embracery: all other Falshood in matter of Ju…tice, &c.

TABLE 18.

4. Publique Offēces against …he wealth of …he Common…ealth, and …hat may be

In the course of Trade, as

1. To transport the commodities of the Realm without the Kings Licence, & paying his Custome; Forestallers, Regradors, and Ingrossers, Monopolies, Conspiracies of Merchants, false Weights and Measures, &c.

2. Uttering corrupt Victuals.

3. Usury, and all Oppression.

Out of the course of Trade, as Depopulation, Burning of Houses, Barns, &c.

TABLE 19.

5. Publique offences against the Passages of the Commonwealth, as Bridges, Cawseys, High-wayes, or Streets, broken down or diged up: Unto which place may also be referred Common Nusances, Purprestures, &c. Such Nusances any man may abate: And as to Nusances, there is a Writ in the Register for any person that will sue, when the W…yes, …treets or Lanes of any Town, City or Borough Corporate, or the Suburbs thereof are full of dirt, soile or the like, whereby infection may be caused: And this Writ may be directed to the Major, 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 20.

…rongs or of…ices punish…le by death, …med also of…ces against …e Crown, are

Felonie, which is,

Bare Felonie, where consider

The offence it self, which is

single, as

Stealth, which is the wrongfull taking of goods without pretence of title.

Manslaughter

Chance medley, which is manslaughter without former malice.

Murder, w^ch is manslaughter upon former malice.

Mixt, as

Robberie, which is stealth from ones person by assault in the High-way.

Burglarie, which is the night breaking of an house, with an intent to steal or kill, though nothing be stolne or any body killed.

Other publique offences occasioned thereby, as breaking of Prison; wilfull escape of a Felon, &c.

Petty Treason, Tab. 21.

High Treason, Tab. 22.

TABLE 21.

Petty treason, the Punishment whereof is burning, and it is

Generall

against mortal creatures.

Petty Treason, (properly so called) which is the killing of one to whom private obedience is due.

Sodomie, which is a carnall copulation against nature.

against God.

Heresie, Which is an offence immediately bent against the Majesty of God.

Sorcorie, Which is a consulting with Devils, and containeth under it Conjuring, Necromancie, and the like.

More particular in respect of the Kings prerogative; as counterfeiting his Coyn, Seals, &c. to acknowledge any forreign Potentate, to bring false money into the Realm, counterfeit to the money of England, &c.

TABLE 22.

High Treason, Which is an offence of the Crown directly bent against the State; also to kill the Chancellour, Treasurer; a Justice of either Bench, a Justice in Eyre, of Assise, or Oyer and Terminer being in their places, and doing their Offices, is High Treason.

TABLE 23.

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

Generall, whose jurisdiction extends through the Realm.

Circumstances, as

Place, where they are holden, viz. at Westminster

Time when viz. in the Term of

Michaelmas.

Hilary.

Easter.

Trinity.

The severall kinds

Chancery.

Kings Bench.

Common place

Exchequer.

Within some County.

Through the whole County,

The Sheriffes turn.

The Coroners Court.

Within Liberties, as

A Leer.

A Court of Pipowders.

Granted by the Kings Letters Patēts

Courts by the Kings Commissions.

Courts by Charter in Corporations, &c.

Court Barōs

The Lords

Of a Mannor.

Of an Hundred.

The Sheriffes, called the County Court,

The Parts, Tab. 24

TABLE 24.

The parts of an Action are

The suit, which hath 2 parts, viz.

The begining of the suit w^ch hath 2 parts

The first matter of the suite

For every man

By Writ out of the Chancery, w^ch is

Originall, which concerns

Common Pleas, and so it is

Reall, whereof consider

The Common affections, as

Possessorie, To recover a Possession

In himselfe.

Descēded from his Ancestor.

In the right, to recover a Possession mixt with the right

In himselfe.

Descended from his Ancestor.

The severall kinds Tab. 25.

Personall. Tab. 31.

Appeals, Tab. 33

Commissionall, Tab. 34.

By Plaint or Bill, Tab. 35.

For the King, Tab. 36.

The Originall Processe, Tab. 37.

The proceeding, Tab. 40.

The Judgement, Tab. 46.

TABLE 25.

The severall kinds of a real Originall Writ, & so

A Praecipe

A Praecipe quod reddat

A Plea of Land

A Writ of entry, the several kindes whereof will best appear, if we consider

Against whom it is brought, viz.

Against the first partie.

In the degrees

In the Per.

In the Per and Cui.

How it 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 Matrimonii 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 shewing the Demandants Title, Tab. 27.

Another reall praecipe quod reddat, Tab. 28.

A Praecipe quod faciat, Tab. 29.

… fecerit te securum, Tab. 30.

TABLE 26.

Upon a wrong, viz.

Upon a discontinuance.

For the recoverie of a womans Inheritance or Free-hold, after her husbands alienation, and

Death, as a Cui in vita, and for her heir, a sur cui in vita.

Divorce, as a Cui ante divorcium.

For the successor of a Bishop, or, &c. after the discontinuance of his predecessor, as a sine assensu capituli.

An Ouster

Upon an intrusion, as a Writ of inttusion for him in reversion or remainder.

Upon a disseisin, as a Writ of entry in the Quibus; being a Writ in the nature of an Assise.

TABLE 27,

A Writ shewing the Demandants title, which is

Possessorie as a Writ of

Ayell, after the death of the Grandfather or Grandmother.

Besayell, after the death of the Great-Grandfather or Great-Grandmother.

Cosinage, after the death of the Great-Great-Grandfather, or Great-Great-Grādmother, &c.

In the right

A Writ of right in his nature, as a

Formdon in

Remainder.

Reverter.

Writ of Escheat.

Writ of Dower, unde nihil habet.

A Praecipe in capite, for the meer right of Lands holden in chiefe.

TABLE 28.

Another reall praecipe quod reddat, in respect of a seigniorie, 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 reall praecipe, quod faciat, which is either to recover an

Hereditament, and this is either

In respect of a Seigniorie

A Writ, de consuetudinibus & servitiis

Secta ad molendinum.

To recover som other heredita.

A Quare Impedit.

A Quod permittat.

Some reall thing that concerns an hereditamēt, as

A Curia claudenda.

A Writ of Covenant, as to leavie a fine of Lands, &c.

Writs in the nature of a covenant reall

A Writ of Mesne.

A Warantia Cartae.

TABLE 30.

A reall si fecerit te securum

An Assise

Of his own possession, as

An Assise of novel disseisin.

An Assise of Nusance.

Of his Ancestors possession, as an Assise of Mortdancestor.

Either of his own or his Ancestors possession, as an Assise of Darrein presentment.

A Juris utrum, for a Parson or Vicar, upon his predecessors alienation.

Others

Such as be between privies in blood, as

A partitione facienda.

A nuper obiit.

A Quo jure, to trie for Common.

TABLE 31.

A personal originall Writ is also

A Praecipe

A Praecipe quod reddat

Debt, and a Writ of Annuity.

Detinue.

A Praecipe quod faciat

An Action of Accompt.

An Action of Covenant.

A Si fecerit te securum, Tab. 32.

TABLE 32:

A personal si f…t te securum, which is

Without force

Where the peace is not broken

1. Rationabili parte bonorum.

2. Valore Maritagii.

3. Writ of forfeiture of marriage.

4. Intrusion of Ward.

5. Electione custodiae.

6. Quare ejecit infra terminum.

7. Trespasses upon the Case, not against the peace.

Where the peace is brokē, yet not Vi, as

An Action of deceit.

An Action of conspiracie.

With force

An Action of Trespasse.

Speciall Actions of Trespas, 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 Felonie; And this is given only to the heire of the partie slain,

TABLE 34

A Commissionall Writ, which is either

Commissionarie, as

A Writ of right Patent.

A Justici…s

An assise of petty nusance.

Ad measurement of Dower.

Ad measurement of Pasture.

A nativo habendo.

A Rationabilibus divisis.

A homine replegiando,

A Replevin.

Also many of the actions that went before; as Consuetudinibus & Servitiis, serta ad molendinum, Quod permittat, Mesne, Dower unde nihil habet, Annuitie, Debt, Detinue, Covenant, Trespass, &c. to what summe soever may be brought and also determined in the County by Justicies.

Meer Commissions, as

Oyer and Terminer.

Association.

Si non omnes.

Ad quod damnum.

Perambulatione facienda.

TABLE 35.

In Courts that hold plea without original Writ, the suite may be by

Plaint, in matters that concern Common pleas.

Bill, In pleas of the Crown; also Officers of any Court (by priviledge) may sue or be sued there, and not elsewhere by Bil.

TABLE 36.

Suits for the King are

A Quo warranto, for the trying of the right of Franchises.

An inquiry by a Jury, w^ch is an

Office to entitle the King to some possession, whereof consider

The severall wayes how it may be found, viz. virtute officii, Brevis, & Commissionis

The severall Writs or Commissions used therein concerning a Wardship, viz.

For finding of it

Diem clausit extremum, within the year after the tenants death.

Mandamus, after the year.

Devenerunt, whē the Ancestor died in Ward to the King.

For mending it

Que plura.

Melius Inquirendum.

Datum est nobis intelligi.

For discharge of it

An aetate probanda.

A Writ of Livery, for lāds in Capite.

An Ouster le main, for other Knight-service lāds.

How the party may be relieved against it

By traverse, or Monstrans de droit, when the King is intitled 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 finde an offence against the King, and for penal Laws, an Information.

TABLE 37.

The Originall Processe, which is

Proper

Single

By the Possessions

By the Land

In all real praecipes quod reddat.

Summons in Land.

Grand Cape, t… seise it into th… Kings hands.

A mortdancester, Juris utrum & darrein presentment.

Summons.

Re-summons, & upon defaul… the Inquest awarded.

By the goods, as in Assises of novel Disseisin and Nusance, Attachmen… by the defendants goods, which h… shall lose if he appear not, & upon default the Inquest awarded.

By the person (in Mayhem, Felonie, and Treason) Cap. Exig. Outlawry.

Mixt

By the goods and Lands

In all other reall actions, & in all personal actions (except Trespas & offences against the publike) & also in all Justicies

Sūmons by the goods.

Attachment.

Distresse Infinite, and issues of the Land.

In all Trespasses upon the Case (except deceit & conspiracie) and in all offences in the nature of trespasses upon the Case.

Attachment.

Distresse infinite and issues.

By the goods and person, as in Trespasse vi, deceit, conspiracie, and offences against the publique; Attachment, Distresse infinite, and upon nihil returned 3 Capias, Exigent, Outlarie.

Improper, Tab. 38.

TABLE 38.

Improper, which is not to bring any matter into plea, or solemne action, but only to do or leave undone something, and it is

Commaundatorie, 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 excomunicato capiendo.

De excomunicato deliberādo

De leproso amovendo.

De cautione admittenda.

De heretico comburendo.

De Coronatore exonerando.

De Coronatore eligendo

De exoner. vir. forest.

De Electione vir. forest.

A Writ for the Royall assent, to elect an Abbot.

De securitate invenienda.

All dedimus potestatems, de fine levando, de attornato faciendo, &c.

Prohibitorie, Tab. 39.

TABLE 39,

Prohibitorie, as

1. A Protection, cum clausula nolumus, to free ones possessions, that nothing be taken against his vvill for the Kings businesse.

2. To discharge spirituall persons of Fifteens.

3. Quod clerici non eligantur in Officium balivi, &c.

4. To forbid Tenant in Dovver, by the Curtesie, or Guardian by Knight service, or in Soccage to commit Wast to the destruction of the Inheritance.

5. A Quo minus, for grantee of estovers, to restrain the grantors from committing vvaste, 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 time, as they ought to hold the Land discharged.

7. De deonerando pro rata, to discharge the Tenant of parcell of the Land according to the rate of his Land, vvhen he is 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.

Dilatorie, by taking

Exceptions

In disability

To the jurisdiction of the Court.

To the person.

In Abatement

To the Writ, as default of form, false Latine, &c. and here, if the default be not caused by the Plaintiffe, a new Writ may be had by journeys accounts,

To the Count, as insufficiencie, variance from the Writ, &c.

Forain advantages

In all actions, as Oyer of the Writ, condition, &c.

In reall actions, as

View.

Ayde prayer,

Voucher.

In certain personal actions

Garnishment.

Enterpleader, vvhichwhich may also be in a Quare impedit.

Sanctuarie, and there continuing, viz. for Treason, and other capital offences.

To the action, as

Pleas in Barre.

Confessions, to vvhichwhich place Abjuration may be referred, vvhen one guilty of Bare Felonie flyeth to the Church, &c, and there before the Coroner confesseth the Fact, and abjures the Realm.

The mutual pleas of Plaintif & Defen. Tab. 41

Other mean acts, Tab. 42.

TABLE 41.

The mutual pleas of Plaintiffe and Defendant, viz.

The delating before issue, as replication, rejoynder, sur-rejoynder, &c.

The issue it selfe

Of the fact, and then the triall is

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

To the Array.

To the Pols.

2. In Writs of right or appeals for life, by Battail.

3. In a Writ of Dower (when the issue is taken upon the death of her husband) by witnesse.

4. By wager of Law.

1. When the Tenant in a reall praecipe quod reddat was not summoned.

2. In meer personal actions growing without deed or privity of others.

3. In plaints in Court Barons.

Of the Law, as a Demurrer, which is, when (admitting the matters alleadged) either of them resteth in the Judgement of the Law.

TABLE 42:

Other mean Acts, as

1. Appearance, where, ofessoīs, which are

Common, as Essoine de mal venir.

Speciall

1. of going beyond Sea.

2. Of going ad terram Sanctam.

3. Of the Kings service.

4. De malo lecti.

2. Continuance

By Processe.

Upon the Roll

Dies datus.

Emparlance.

3. Judiciall processe

A mesne processe, which is for any necessary act to be done, as against Vouchee, prayee in aide, also

1. Upon a fine leavied 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 praecipes, upon a default, a 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 Distresse infinite,

Processe in nature of new Originals, Tab. 43.

TABLE 43.

Processe in the nature of new Originals, and they are

Commaundatorie, viz. such as command something to be done

1. Resommons, re-attachment.

2. All certificatorie 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 cāses.

by Plaint, as a

Recordare, to remove Plaints in the County Court.

Accedas ad curiam, to remove plaints in a Court Baron.

5. A Mittimus, 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 Spirituall Court.

8. A Writ of Mainprise, to set one at liberty upon baile.

9. &c. Tab. 44.

Prohibitorie Writs, Tab. 45.

TABLE 44.

9. A Recaption for him, whose goods are distrained for the same thing.

10. A Writ de Magna Assisa eligenda.

11. A Certificat of Assise to Jurors, to give a more perfect Verdict.

12. A Proprietate probanda.

TABLE 45.

Prohibitorie Writs, or Process, as

1. Prohibitions, of this kinde is an Indicavit.

2. A Supersedias, of which kinde 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.

Judgemēt, w^ch hath Judicial Writs belonging to it, viz.

Meer Judiciall, and they are

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

in real actions

1. Habere facias seisinam, to put him in possession upon a free hold recovered.

2. A Writ to the Bishop to admit ones Clerk.

In personall actions to have execution of his

Possessions, as

1. Fieri facias, to levie execution upon his Chattels.

2. Leva… facias, to levie execution of the profits of his Land, and Chattels.

3. Habere facias possessionem, upon recovery of a term for years in an Ejectione firmae, &c.

4. A Dist…ng…s, for the Kings amerciamēs, &c.

Bodie, as

Capias ad satisfaciendum.

Capias pro fine Regis.

For the King.

Capias Ʋtlagatum.

For the King.

A Scire facias, to warne the defendant after a year upon recovery in reall actions, to shew cause why the plaintiffe should not have execution.

New Originals, Tab, 47.

TABLE 47.

New Originals in the nature of Judiciall 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 enquire, whether a Jury of 12 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 t… plead.

A TABLE shewing the Pages in the English Copie of Sir Henry Finches Treatise of the Law, from whence each Tablet takes its beginning.

FINIS.

End of the text · Henry Finch, Summary of Common Law of England (1654)