Jurisdictions, Part 165
Preſidents.
For that, that Preſidents are to be followed, ſomething ſhall be ſaid touching them.
SAunders cheife Baron ſaith, the beſt Interpreter of the Law is Cuſtome, and for that, that the Preſidents, and the Accounts of the Exchequer, prove that from time to time, cuſtome and uſage hath been, that the Kings of this Realme have had the profits of ſuch Mines of baſe mettal containing Gold and Silver, without disjunction, that the value of the Gold and Silver ſhall be greater or leſs▪ and upon the Preſidents it was adjudged, for the King againſt the Earle of Northumberland, in the information of Mines of Copper, mixt with Gold or Silver, Plowden fol. 336.
It is ſaid in Aſſiſe, for that, that it is (hath ſhewed to us) where it ſhould be (hath complained to us) becauſe of the forme and preſident, it ſhall abate, and ſo it is where it is (he hath diſſeiſed him of foure Acres) where it ſhould be by the Preſidents (of his Free-hold) it ſhall abate, 11 H. 6. f. 25.
Venire ſacias, The Sheriff returns (that he hath made to come) 12. and yet to return 12. is not good for the Preſidents are twenty foure, and ſo ought he to return twenty foure, 2 H. 7. f. 8.
27 H. 8. fol. 16. One challenged the Array, and doth not verefie his challenge, and he need not, for Preſidents are ſo, and the Juſtices would not change the Preſidents.
7 H. 6. fol. 30. In the Kings Bench you ſhall not have a Habeas Corpora juratorum, but a Ven…re facis and diſtringas.
39 H. 6. fol. 32. M…ſne, and counts that he held of the Meſne, and that he ought to acquit him, and doth not count that the Defendant held over, yet for that, that there were Preſidents of that ſhewed: It was held good.
6 H. 7. fol. 15. Aſſiſe 1. The Tenant plea…s no wrong by Bailiff, and yet continuance was not between Plaintiff and Bailiff but between Plaintif and Tenant, and ſo were preſidents, and for that ſaid to be good.
11 H. 7. f. 11. Where the Tenant pleads by Bailiff in Aſſ. he may after plead in proper perſon, matters in writing, or of Certificate, for Preſidents are ſo.
16 H. 7. f. 8. Cui in vita, The VVrit was which he claimes to hold to him and the Heires of his Body, without ſhewing of whoſe gift. And the opinion of the Court that it is good, but when the Regiſter was ſhewed to be contrary, the Court changed their opinion.
33 H. 6. fol. 22. Precipe, at the great Cape returned, the Tenant ſaith that he was not ſummoned, ready by the Country, but ſay that he ſhall be tried by wager of Law, for ſo are ancient Preſidents, which ſhall not be changed without ſpeciall matter, as againſt Maior and Commonalty, which cannot wage their Law.
Forcible Entry of 8 H. 6. and counts of Entry with force, and keeping with force, where the Statute is in the disjunctive, but for that, that there are Preſidents in this Manner, it was allowed, 3 Ed. 4. f. 21.
Debt againſt Executor, for that, that the Writ was Debet, & detinet, where the Preſident is Detinet only, it ſhall abate the ſame Law, where it is Precipe quod ſolvat, where it ſhould be Reddat, it ſhall abate, 22 Ed. 4. f. 21.
Debt upon the Statute of Farms, againſt a Preiſt, the Writ ſhall not be quod reddat to the Plaintiffe, the ſum ſo much, but it ſhall be quod reddat as well to us, as to the Plaintiffe, otherwiſe the Writ ſhall abate, for it is not according to the Preſidents, 27 H. 8. f. 23.
Two Infants alien in Fee, and one dies, the other ſhall have dum fuit infra Atatem, of the who…e, ſuppoſing that he himſelf aliened the whole, for that there is no other Ferm of the Writ, 21 Ed. 3. f. 50.
If Tenements be let to one man for Term of half a year, or for a quarter of a year: In ſuch Caſe, if the Leffee make Waſte, the Leſſor ſhall have a Writ of Waſte, and the Writ ſhall be (which he holds for Term of years) for that there is no other Form of the VVrit, but he ſhall have a ſpeciall Count, Litileton f. 14. So the VVrit of VVaſte is, that he made VVaſte, and yet may count of many VVaſtes, for that, that there is no other Form and Preſident of a VVrit, 4. H. 6. f. 11.
Treſpaſſe, why with force and arms, his goods and chattells to the value, &c. where it is of dead things, and if he counts of Horſes, or Kine, where the VVrit is, (goods and chattells) it ſhall abate, for that, that the Form is otherwiſe, and if the VVrit be of things living, he ſhall make metion of that in his VVrit, that is to ſay, by force, and arm…, four Tenches, or four Pikes, he took, or ſhall ſay, he took his beaſts, and where it is a Horſe, it ſhall be, (he took his Horſe) or he took his Cow, 2…. H. 6. f. 39.
Treſpaſſe, if the VVrit be, that he took his goods, and Chattells, and counts of ten pounds in money, the VVrit ſhall aba…e; for of money the VVrit is, that he took ſo many penc…, and that is the Form 39 Ed. 3. f. 23.
Treſpaſſe, by the Husband and VVife, The VVrit was, he broke the Cloſe of the VVife, and the graffe thereof the ſaid VVifes, did …atdown, and the Declaration was, whileſt ſhe was unmarried, and the VVrit was awarded good, for the Regiſter is accordingly, 21 H. 6. f. 30.
Treſpaſſe by the Husband and Wife, why by force and armes he took his Goods and Chattels, and counts that the Treſpaſſe was when ſhe was unmarried, the Writ ſhall abate, becauſe he may have a Writ of Forme, that is, the Goods and Chattels of the ſaid Wife, and not his Goods and Chattels, 7. H. 7. f. 2.
Where Battery is made to a Woman unmarried, which takes a Husband, they ſhall have an Action, that he ſtruck D. his Wife whileſt ſhe was unmarried, 22 Book of Aſſ. 87. But where an unmarried Woman bea…s another, and after ſhe takes a Husband, the Writ ſhall be that they both made the Battery, and this is the Form.
A Woman diffeiſes one, and after takes a Husband, the Writ againſt them ſhall be, that they diſſeiſed the Plaintiff, and not that the Wife whileſt ſhe was unmarried diſſeiſed him; but if the Woman unmarried be diſſeiſed, and after takes a Husband, and they bring an Aſſiſe, in ſhall be, diſſeiſed her, whileſt ſhe was unmarried, 4 Ed. 4. Br. Tit. Falfe Latine 1.