PartExhortation to the Jury.
PartThe Charge in Leet.
PartWreck of the Sea.
PartFurres.
PartChaines of Gold.
PartForfeiture.
PartArtificers.
PartArchers.
PartCroſſe-bowes and Hand-guns.
PartCordiners. 5. Eliz. chap. 8.
PartCrow-nets. 24 H. 8. chap. 10.
PartFrie of Fiſh, 10 Eliz. chap. 17.
PartGames unlawfull, 33 H. 8. chap. 9.
PartHorſes, 32. H. 8. Chap. 13.
PartHue and cry. 18. Ed. 2.
PartHigh Waies, 2. & 3. P. & M. chap. 8.
PartHats and Caps, 13. Eliz. chap. 16.
PartHempe.
PartMuſters, 4. and 5. P. and M. chap. 3.
PartMortmayne, 7. E. 1. Weſt. 2. c. 32.
PartRiots, 1. M. 1. chap. 12.
PartQueen, and aſſurance of her Power.
PartTracing of Hares, 18. H. 8. chap. 11.
PartWines, 7. Edw. 6. chap. 5.
PartA breviate of the Charge.
PartThen let us ſee what things are argued and allowed in our Bookes to be inquirable in Leet, and what not.
PartWaters.
PartPetty Treaſon is the firſt branch in the Charge, and for that ſomthing is to be remembred, which I finde in…
PartThe ſecond branch in the Charge is Felony, and for that ſomthing is to be ſaide, what are Felonies by the…
PartForfeiture.
SectionAnd for that, that you ought to inquire, what Lands and Goods thoſe attaint of Felony have, it is now to…
SectionAnd it is to ſee now, where a forfeiture ſhall be of Goods onely and not of Lands, and where not.
PartGrant of the King.
PartChattels.
PartConfirmation.
PartSuit.
PartFor that the not ſcowring of Ditches adjoyning to High waies and Bridges, and alſo other annoyances in…
PartIncidents.
PartReſcous and pound breach is another branch of the Charge.
PartAſſaults and Fraies.
PartTreſpſs of Aſſaults and Fraies.
PartMortmaine.
PartTreaſure Trove.
PartFſtrey.
PartWaife.
PartAuthority of the Steward.
PartJudge of Record.
PartPreſentment in Leet.
SectionNow let us … what preſentment in Leet is traverſable and what not, and it ſeemeth where that toucheth a…
SectionIf the preſentment be not in a Leet, of things there preſentable, afterwards they ſhall be preſented, as it…
PartAmerciaments.
PartDiſtreſſe.
SectionWhere one may diſtraine, and what thing.
SectionIn what place a Leet ſhall be kept, and at what time.
SectionTwelve ſhall be of the Jury in a Leet, otherwiſe the Preſentment there are all traverſable.
PartBy-Lawes.
PartInmates.
PartThe Oath of the Reeve, or Bayliffe.
PartThe Oath of the Greve, or Hayward, or Beadell.
PartOath of a Deſiner.
PartOath of Affirors.
PartOath of the Fealty.
PartOaths of the Aletaſter.
PartThe Oath of the Conſtable.
PartConſtables.
SectionAnd for that that the Conſtable is here choſen and ſworn, that is inquirable here if he do his Office, and…
SectionFor that, it is the Office of a Conſtable to ſee that Watch be kept, let us ſee how a Watch may be.
PartEntry of Court Leet.
PartThe manner of keeping a Court Baron.
PartAn exhortation to the Jury.
PartThe Charge in Court Baron.
PartHawkers and Hunters.
PartAſſiſe.
PartSeiſin of Aſſiſe.
PartPleas of Aſſiſe by Bailiff.
PartPleas of the Diſſeiſor.
PartPleas by Tenant.
SectionWhere after a Bailiffe hath pleaded, or the Tenant himſelfe, and the Aſſiſe upon that adjourned, or award,…
SectionWhere the Aſſiſe ſhall be awarded at large, that is to ſay, in point of Aſſiſe, that is to ſay, to inquire…
PartReturne of Aſſiſe againſt J. S.
PartThe Pannell.
PartPleas in Barr and in Abatement.
PartPlaint in Aſſiſe.
SectionWhere the Plaintiff may abridge in Aſſiſe, and in what other Actions he may abridge, and how.
SectionAfter Verdict he cannot abridge.
SectionAſſiſe, they were adjourned upon Title.
PartAttornement.
SectionFor that ſomething ſhall be ſaid of Fealty, and where there ought to be Attornement, and where not.
SectionThen let us ſee what is good Attornement, and what not.
SectionWhere they are compellable to attorne, and where not, and what Tenants are compellable to attorne, and what…
SectionWhere any perſon is not cempellable to attorn, and yet attorns, and their attornement good, and where not.
SectionNow let us ſee that the grantee by fine without attornement cannot have action nor avow for rent, which is…
SectionAttorney in Court Baron.
SectionWhat action ſhall be ſued in a Court Baron by plaint, and what not.
PartPlaint in Precipe.
SectionFor that, That Plaints ſhall be made for Copi-hold in nature of Precipe, let us ſee of what, and how plaint…
SectionWho hath moſt Right, and Right ought to be ſued there.
SectionWhere Judgement final ſhall be, and where not.
SectionAmerciament in Court Baron for ſuit and otherwiſe, and what remedy for that, and where it ſhall be moderate.
SectionAmerciament in Court Baron, which is the 12. and 13. Article of the Charge, for a Treſpaſſe done to the…
SectionAttachment in Court Baron upon debt or treſpaſse or in any other action, it ſeems that he ſhall forfeit the…
PartBy-Laws.
PartCopy-holders.
PartTenant by the Verge in ancient Demeſne.
SectionWhere a Coppy-holder enters, and dies before be was admitted Tenant.
SectionTheſe Caſes following I heard agreed for Law.
PartLimitation.
PartTaile of Copy-hold.
PartCopy-holders.
PartChallenge.
PartNow let us ſee what is challenge for favour.
PartCommon is the ſeventh Article which is inquirable.
PartNow let us ſee what is appendant, and what appurtenant.
PartCourts.
PartWhich is Court-Baron, and which is Court of Record.
PartAncient Demeſne.
PartAncient Demeſne is a Court-Baron, and the Suitors are Judges.
PartHow Land in ancient demeſne is made frank Fee for a time, and how for ever.
PartNote the tenure and tryall of ancient demeſne, and who ſhall plead ancient demeſne.
SectionForm of Pleadings, that the Land is ancient Demeſne, and how he ſhall ſue for ancient Demeſne, and for…
SectionBy what Writ Execution ſhall be in ancient Demeſne, and by what not, and ſhall be free of Toll, &c.
PartCourt of Pipowders.
PartCourt of Marſhalſey.
PartCuſtomes.
SectionAnd for that it is expedient to ſay ſome thing of Cuſtomes, and firſt to write ſuch Cuſtomes to you, which…
SectionAnd for that, that you ought to note, what cuſtome ought to have lawfull beginning, as might take lawfull…
SectionNote how one ſhall have a Rent or a thing which cannot be granted without Deed by preſcription.
PartCuſtome ſhall be taken ſtrictly.
PartCoſts againſt the Plaintiffe.
PartDamages.
SectionIn what plaints Damages ſhall be recovered in Court-Barons, and in what caſes in Court-Barons and other…
SectionDamages and coſts ſhall be recovered by the Plaintiffe.
PartDiſcent.
SectionAnd for that, that in the ſaid ſecond Article of Charge, you ought to inquire if any Tenant be dead, who is…
SectionFor that, that in the ſame ſecond Article of Charge, it is inquired if any Tenant of the Lord be dead, who…
PartEſcheats.
SectionWhere it ſhall Eſcheat and not diſcend, and where not. And for that in the ſame ſecond Article is alſo…
PartEnqueſt.
PartTryall.
PartExecution.
SectionFor that, that execution is uſed in many Court-Barons by (Levari facias) let us ſee what Goods upon that,…
SectionNote that there are foure manner of Executions, and note Covin to defeat them void.
PartEvidence.
SectionƲpon a generall Iſſue, the Defendant by evidence to convey to himſelfe intereſt and title, is good evidence.
SectionDefendant upon a generall Iſſue, if by evidence he acknowledges that he did the wrong, and juſtifies it,…
SectionEvidence which is contrary to that in Iſſue, or which is not anſwerable to the matter in Iſſue, is not good.
SectionWhere the Evidence proves the effect and ſubſtance of the Iſſue, is good.
SectionForraine matter plead in Court-Baron.
PartFine.
PartForfeiture of Copy-hold.
SectionSome Copy-holder by the cuſtome may make waſte, and is no Forfeiture, and waſte by ſome Copy-holder is…
PartFormedon.
SectionIn ſo much, that plaints are ſued in nature of Formedon, for Copy-holds, ſomething ſhall be ſaid touching…
SectionThe Writ is not the worſe, though in the ſame it be mentioned that he is the heir of one, or that he ſhould…
SectionEſplees ſhall be alleadged in Formedon in reverter, in the Donor, and in the Donee, and in formedon in…
PartOf what things Formedon lyeth, and of what not.
PartWard.
SectionFor that that in the ſecond Article is inquired, if Tenant of the Lord dies, if his Heir ſhall be in ward…
SectionNow let us ſee where your Lord ſhall looſe the ward, for that that he holds part in cheife, and what hee…
SectionWhere a Tenant lets for yeares and dies, the Lord by Knights Service in time paſt might have outed a…
PartSeiſin.
PartHomage and Fealty.
PartHariot.
SectionFor that, that diverſe Lords of Mannors have Hariots, and theſe are to be inquired for the Lord in…
SectionIt ſeems Hariot ſervice is properly after the Death of Tenant in fee upon diſcent, and not upon every…
SectionWhere a Ha…iot is certaine, the Lord may ſeiſe that as Hariot cuſtome, and note that for Hariot ſervice, he…
SectionWho ſhall pay Hariot, and who not, and when it ſhall be paid, and what remedy upon putting it away.
PartLivery of Seiſin.
SectionFor that, that you give in the ſecond Article of Charge, to know what Eſtates your Tenants have, for that…
SectionNote, where a Deed ſhall enure as a confirmation, without Livery of Seiſin, and where not.
SectionFeoffment to diverſe, and livery to one, where both take, and where not; and where one makes a Letter of…
PartMortdanceſter.
SectionMany times Mortdanceſter is brought of Copy-hold Land, and for that ſome thing ſhall be ſaid of…
SectionIf the Tenant pleads Feoffment or Surrender, he ought to traverſe the dying ſeiſed.
SectionWhere there ſhall be a re-ſummons, and where the Aſſiſe ſhall be awarded upon default, and the points ſhall…
SectionWhere Mortdanceſter lyeth.
PartMortmain.
PartNon-Tenure.
PartNuper obii.
PartOfficer.
PartProceſſe of Execution.
PartPound overt.
PartReleife.
PartSuit.
PartTenant in Fee.
SectionIt behooveth, that the Steward ſhall have knowledge of all manner of Eſtates, becauſe of making ſurrenders…
SectionWhere the remainder in Fee depends upon determination of Eſtate, and where upon Condition, and where upon…
SectionWhere your Tenant hath the fee in him in expectancy, and not executed in him, and where it is executed in him.
PartTenant in taile.
SectionLand is given to R. and Katharine and to their Heires, and to the other heires of the ſaid R. If the ſaid…
SectionWhat Acts by Tenant in tail, ſhall bind his iſſue and others, and what not.
PartTenant in Frank-marriage.
PartTenant after poſſibility of Iſſue extinct
PartTenant by the Curteſie.
PartTenant in dower.
SectionWhere a woman ſhall beindowed, and where not
SectionAgainſt whom Dower may be brought, and what Aſſignement is good, and what not.
SectionWhere the Woman recovers damage, and where the Tenant may ſay, he is yet ready to excuſe him of damages, if…
PartTenant for Life.
PartTenant for yeares.
PartTenant at will.
PartTenant at ſufferance.
PartVillainage.
SectionFor that, that in the fifth Article villainage is to be inquired in Leet and in Court-Baron, and is to be…
SectionWhat is infranchiſement, and what not.
SectionHow the Lord may take advantage of things which he hath by his Villaine, by act of his Villaine.
PartWaſte.
SectionAnd in ſo much that you ought to inquire, if any Farmer which hath part of the Demeſnes of your Lordſhip,…
SectionWhat is waſt in houſes, to be puniſhed, and what not.
SectionWhat is waſt puniſhable in woods, and what not.
SectionWhat waſt in Gardens is puniſhable, and what not.
SectionFor what waſt Termor ſhall be puniſhed, and for what not.
PartAction upon the Caſe.
SectionAction upon the caſe in Court baron, and other Court, and firſt for ſlander.
SectionAction upon the caſe upon a warrant …f a thing ſold, and upon knowledge without wairant.
SectionAction upon the caſe for coſenage and deceiving of one.
SectionWhere an Action upon the Caſe lies for a thing pawned, and for a thing borrowed, and where not.
SectionWhere Action upon the Caſe lies, or Detinue, and where Treſpaſs, and where not.
SectionAction upon the Caſe for miſ-uſing an Officer in his Office.
SectionAction upon the Caſe againſt Executors.
SectionAction upon the Caſe, for not performing his Promiſe, and Aſſumpſit, and the place, and how, where it ſhall…
PartBargains and Contracts.
PartHusband and Wife.
SectionWhat Contract and Act of a married Wife, Bailiff, and Servant, ſhall binde the Husband, or Maſter, and what…
SectionHow ſhall the Husband have by his Wife, Goods and Chattells, whereof hee takes charge, and how hee ſhall be…
PartEſſoyne.
PartOver the Sea, and the Kings Service.
PartCommon Eſſoin.
PartWardens of Churches.
PartWaging of Law.
SectionThen for that, that the ancient Triall in Court Baron is by waging of Law, and alſo in Plaints for…
SectionPleas after Continuance, and Imparlance, and what not.
SectionPleas after day given.
SectionPleas after Iſſue, and at the Niſi prius day in Bench, and after Verdict.
SectionImparlance at a day in the ſame Tearm, and at a day and Tearm between, and Imparlance of the Plaintiffe.
SectionWhat Pleas he ſhall have after the laſt Continuance.
PartMaintenance.
PartTenures and Services.
PartView.
SectionWhere one ſhall have View of Land in a Writ, or Plaint in nature of a Writ of Land, and where not.
SectionPleas after the View in Abatement.
PartThe third Part of this Book, cheifly for Pleading.
SectionIſſue ſhall be upon the Affirmative and Negative, and not upon Plea by Argument, but upon traverſe the…
PartAſſiſe and Treſpaſs.
PartPleas in Barr.
SectionBarr is good at the firſt ſhew, or by common reaſon and intent, ſuch intent is a Plea, which hath not more…
SectionWhere Count is upon matter of Reords, or of Specialty the Barre ſhall be ſo high, and not upon bare matter.
PartCount.
SectionCount ſhall be more certaine then a Barr, and yet ſometimes it is good by intendment, that is if Common…
SectionWhere he confeſses and avoids, he need not Traverſe.
PartConclude.
SectionOrder and form, how one ought to conclude in his Plea.
SectionWhere he ought to conclude, and ſo not his Deed.
SectionWhere he ought to conclude according to his matter pleaded.
SectionIn divers Caſes they ought to conclude in the Negative, where ſo to the Affirmative pleads that his Plea is…
PartOf his own Wrong.
SectionWhere of his own Wrong is good, and where not.
SectionWhere a double Plea ſhall not be ſuffered, and where it ſhall.
PartIntendments.
SectionPleas good by Intendment, and how.
SectionPlea good by Intendment till contrary be ſhewed.
PartGenerall Iſſue.
PartPleas uncertain.
SectionWhere it is uncertain in place, and where not.
SectionWhere the thing is iſſuable, it ought to be ſhewed in what place it was.
SectionUncertain for Year or Day.
PartMatter uncertain.
SectionSee where it is uncertain in Matter, and where not.
SectionThat which is Iſſuable ought to be pleaded certainly.
PartAffirmative and Negative.
PartMaterial.
PartManner and Form.
PartNegative Pregnant.
PartObligation.
PartPleading by Name.
PartPreſidents.
PartWhat is the ſame.
PartReplication.
PartSeverall Tenancy.
PartTraverſe.
SectionWhere he ought not to traverſe, and where he ought, then what thing in the Plea ſhall be traverſed.
SectionWhere one juſtifies at another day then the Plaintiffe alledges, and ought to traverſe onely, before the…
SectionWhere one ſhall traverſe the Town, and where the County, and where not.
PartYet ready.
PartThe Court Roll.
PartPleas in Court Baron.
PartPlaints of Mortdancester.
PartEntry in the by, and to whom.
SectionPleas in Court Baron. Count upon Lending.
SectionForm of a Plaint in a Court Aaron upon buying of Oyland Madder, &c.
SectionPlaint for accuſing a man of Pelony, and impriſoning him.
SectionTreſpaſs, Plaint for walking with his Feet.
SectionEntry of the great Cape.
SectionPrecept of the great Cape.
SectionEntry of a ſmall Cape.
SectionPrecipe of Summons upon a right Patent, &c.
SectionPrecept upon Aſſiſe of Mortdanceſter.
SectionTo make to have Poſſeſſion.
SectionSmall Cape.
PartProces in the Court Hundred, Court Baron, &c. Pleg. de proſequendo J.D.R.F.
PartA Calender.
PartHere follow certain Caſes of the Common Law, upon the Returnes aforeſaid, and others.
Writ samplerTHE MOST USUAL WRITS which have been uſed in the Kings Bench, and are moſt like to continue in that Court,…
WritLatitat.
WritAlias Capias.
WritPlures Capias.
WritBill Middl.
WritAlias Bill.
WritAttachment of priviledge.
WritHabeas Corpus ad …ac & rec'
WritHabeas Corpus retornable before a Judge immediately.
WritHabeas Corpus upon a cepi Corpus.
WritHabeas Corpus ad ſatisfaciendum.
WritProcedendo
WritSuperſedeas when the Defendant appears, and files common Bail.
WritSuperſedeas upon a Capias ad ſatisfaciendum, when the Plaintiffe hath acknowledged ſatisfaction
WritSubpena.
WritSubpena to teſtifie before the Sheriffs of London.
WritVenire facias.
WritVenire facias with a Proviſo.
WritDiſtringas Jur.
WritDiſtring. … the Iſſue at the Bar.
WritDiſtring, ….
WritWrit of Inquiry.
WritExigent.
WritProclamation ſur' Exigent.
WritC…ias utlegat'.
WritCapias ad ſatisfaciendum in a Plea of Debt.
WritTeſtat. Inde.
WritCapias ad ſatisfaciendum after judgement affirmed in a Writ of Error, and for damages for the Plaintiffe,…
WritCapias ad ſatisfaciendum againſt Manucaptors in a Plea of Debt.
WritThe ſame againſt the Plaintiffe for not proſecuting his Action.
WritThe ſame for damages in breaking Covenant
WritIf for treſpaſſe, thus.
WritIf for treſpas upon the Caſe, thus.
WritIf for performance o… promiſe. thus.
WritThe ſame for coſts for the Defendant upon a Verdict at the Aſſizes againſt the Plaintiffe.
WritFieri facias in a Plea of Debt.
WritA Teſtatum thereupon.
WritA Devaſtavit returned, and thereupon a Fier' Fac' of the proper goods of the Executor.
WritElegit.
WritHabere fac' poſſ.
WritA Scire Facias in debt.
WritThe ſame againſt Manucaptors.
WritA Scire Facias againſt an Executor in Debt.
WritThe ſame for an Adminiſtratrix in Debt.
WritRotam. habend.
WritCapias in Withernam.
WritA Scire facias for an Executor to renew a Judgement after a year and a day
WritThe ſame in an Action of Eiectment the Plaintiffe (a woman) after Judgement being married.
WritThe ſame for an Adminiſtrator in Debt.
WritThe ſame againſt an Executor of a Sheriff, where the Sheriff returned that he had cauſed the Goods of the…
WritA Teſtatum ca. ſa. againſt Manucaptors.
WritA Superſedeas upon a ca. ſa. for Manucaptors.
- Back matter
IndexTHE TABLE.
IndexTHE TABLE TO THE RETURN of Writs.