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Bluebook 21st ed.

Anthony; et al. Fitzherbert. New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of
Reports Cited in the Margin (8).

ALWD 7th ed.

Fitzherbert, Anthony; et al. New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in L, & Cases in the Books of
Reports Cited in the Margin (8).

APA 7th ed.

Fitzherbert, A. (8). New Natura Brevium of the Most Reverend Judge Mr. Anthony
Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of Reports
Cited in the Margin. London In the savoy, Printed for Henry Lintot, and sold by J.
Shuckburgh.

Chicago 17th ed.

Fitzherbert Anthony; et al. New Natura Brevium of the Most Reverend Judge Mr. Anthony
Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of Reports
Cited in the Margin. London In the savoy, Printed for Henry Lintot, and sold by J.
Shuckburgh.

McGill Guide 9th ed.

Anthony; et al. Fitzherbert, New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in L, & Cases in the Books of
Reports Cited in the Margin (London In the savoy: Printed for Henry Lintot, and sold
by J. Shuckburgh., 8)

AGLC 4th ed.

Anthony; et al. Fitzherbert, New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of
Reports Cited in the Margin (Printed for Henry Lintot, and sold by J. Shuckburgh., 8

MLA 9th ed.

Fitzherbert, Anthony, et al. New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of
Reports Cited in the Margin. London In the savoy, Printed for Henry Lintot, and sold
by J. Shuckburgh. HeinOnline.

OSCOLA 4th ed.

Fitzherbert, Anthony; et al. New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of
Reports Cited in the Margin. London In the savoy, Printed for Henry Lintot, and sold
by J. Shuckburgh.

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The Evergreen State College Library
 (I)

FIT HE RB ERT
HIS

fatura ebitum.
Writ of Right Patent.
A HE Natures of the original Writs are to be thewed and declared,
according to the Manner and Form as they are in Order written
and fet down in the Regifter, which thall be expreffed and fpecified
Tin Manner following:
And firft, becaufe the (a) Writ of Right Patent is in its Nature the higheft
Writ in Law, the Nature of that Writ tall be firft declared, and where it
lieth.
B This Writ ought to be brought of Lands or Tenements, and not of an 4o E.3. 8.
Advowfon, or of Common; and lieth only of an Eftate of Fee-fimple, and Po. s- C
not for him who hath a leffer Eftate, as Tenant in Tail, Tenant in Frank-
marriage, or Tenant for Life: For thefe Tenants thall not have a Writ of
Right Patent.
B And
(a) M3w
Proceedings on a Writ of Right. t. he Deence and Mif, or fae joined The
Defence is thus: Ad t aferefaid A. comes and
1. 7) CaNaI or Declarativ.] See Cok/s En- dfads the Right of the aferefaidj. S. the Demoa-
fre iSa. The Count in a W-i of Right of dent, and his Soii, when, &c. Ad all, &c.
his own Sellin; and a; E. 3, 8. a Cant that it -and'whafoewer, &c. and chi# as concerning the
was his Right and his Heritage, which is thus Fee and Rght f the Alanor aforejaid, with the
entred : J.SS demands again) J. N, ite Manor of App rflnewaes. Or thus: Ad thereof he pats
D, as his R ght and Inheritance, ly the Lord the him/c? afes the Great 4fife ofthe Lord the King,
i/ag's Writ, &c. WAereof he faith he hifelftwas and jrays tat Ctnizance vn'y h' Mad-, ;vbekr
fesed asf Fee and Right in Time of Peace, in the be hath greaterRight to 6W,4 the eam afre:
97me,,&c. and ofers to maintain that fisc is his wit'h the ppoenances to 1 w and ha Hire, a
ijght, &;. 2was sfereof bv trv vwI:. ' & "acir;
1m
 -s Writ. of Right Patent.
i AIr 17. And this Writ lieth properly where a Man is feifed in Fee-fimple, and an. C
per Curiam, a other recovereth the Land againft him by Default in a Precipe quod reddat:
edMagan e Now he, who hath loft by Default, ought to fue this Writ. Or if a Man
Heir by De- feifed in Fee-fimple die feifed of fuch an Eftate, and a Stranger doth abate, D
fault, and he and entereth into the Land, and deforceth the Heir; the Heir may fue this
brought a Writ againft the Tenant of the Freehold of the fame Land, or an Affife of
Mdau Modaunceer. Pof. 196.
(a) And
be holds theame, or the aforefaidDesmandant to Note; The Writ to the (aid Eledors is, That
hawe the Manor aforefaid, &c. as he abowe de- they chafe of themfelves and others twelve, &e.
mands. Or thus: And faith that he bathgreater yet not lefs than fixteen tball pals in a Grand
Right to hold, &c. And this he is ready to prove Affile, Dyer 98. and if there are not fo many
ly the Body of hisfree Man, whofi Name is J. R. Knights in the fame County, they Ihall elef
prefent here in Court, in what Manner foever the them of the next County. See 33 Ed. I. Fit.
King's Court hereAall confler; and bt is ready to Trial 9 7.
prove it by another, if any Evil happens to J. R. See the whole Form of joining, Battle in
that he he not prefent andprays that Cognizance 29 Ed. 3. 1s. but in a better Form 3o Ed. 3. 20.
may he made, whether, &c. And fee there an Imparlance for the Deman-
And Note; The Order of joining Battle is ac- dant, after Battle tendred by the Tenant; and'
cording to the Form of joining the Mie, viz. the different Forms of joining Battle between
That he has the moft or beft Right. 3 H. 6. 55. the Parties and the Champions. See I H. 6. 7.
Nu. 7. And fometimes by his Defence he fays, Is El. Dyer 3o.
And he is ready to defend his Right by his Body. 4. The Procefs in a Writ of Right.] In a
3o Ed.3. 20. Writ of Right the Tenant is not demandable
Note; Tender of the Demy or Half Mark is till the fourth Day after the Return, except it,
when the Mife or Iffue on the Grand ALlife is be after the Mife or Iffue joined; for in that
joined before. z2Ed. 3. 8. See Litt. Sea. 514. Cafe he is demandable, and ought to appear on
Note allo; The Form of the Writ of Right is the firft Day. 24 Ed. 3. 28. 29 Ed.3.I8.
recited after the Count of the Demandant, for per Tborps. See alfo I Ed. 3. r. where, after
the Tenint to make his Defence do nowo, and the Mife joined, the Parol was put without Day
thereupon to vouch or plead in Bar;. and to if by the King's Demife; and at the Refummons,,
the Demandant replies to the Bar, the Tenant the Tenant was demanded the firfi Day, and for
ihall make a Defence de no'o, and plead to the that he made Default, his Default was record-
Title. :21 H. 6. t6. peh Newton. ed, and on the fourth Day the Demandant pray'd.
3. T Trial of the Grand 4fie.] Note, Herle Seifin, and had the Grand Cape.
granted an Inqueft inflead of the Grand Aflife, The Demandant,, after the Mife joined by,
for that the Tenements in Queffion were of fmall Battle or Grand Aflife, ought to offer himfelf in
Value; and a Writ iffued to the $herifr to elef Perfon, or by Attorney, with his Champion, &c.
four Men, who were to eleft an Inqueft in Na- and recite the Words of the Mife the firft Day
ture of the Grand Affife. 7 Ed. J. 6g. But it after the Mile joined, and pray that the Tenant
feems this was done by Confent; for otherwife it be demanded;. otherwife a Nonfuit thall be
cannot be to done, although the Demandant awarded at the fourth Day. 42 Ed. 3. IS. But
prays it. 22 Ed. 3- 8* if after the Mife joined a Petit Cape be awarded
The Eletors ought to eled fixteen Knights returnable gainden' Mich', &c. it is fufficient for
gladio <inos from amongit themfelves and the Demandant to offer himfelf the fourth Day.
others; and if there are not (o many Knights in Dyer so3.
that County, then by the Affent of Parties they An Eoin de malo le8i-lies only in a Writ of
may ele& as many valiant Serjeants (i. e. E- Right; and Note, in this Writ the Tenant can-
fquires) by whom they thall eled three (four) not join the Mife by Attorney; and therefore,
Knights from amongft thenfelves, and the Re- though the Tenant has an Attorney, yet he may
mainder of the Serjeants, and Procefs Thall iffue beeffoined. t9H.6.6i.
againfi all of them by Penirefacias. 26 Ed- 3. Note; The Procefs for the Grand Alie is a
57- Ieirefacias, and not a Habeas Corpus; and yet
Yet if at the firft Day any of the four Knights if they do not appear thercon, they thall be ta-
makes Default, a Habeas Corpus thall iflibe, and ken. Dyer 270.
not a Summons. Dyer 79.
S. ?Z$
 Tit .of Right Patent. 3
E (a) And this Writ ought .to be brought againft him who hath a Freehold at
leaft in the Land, and not againft Tenants for Years, Tenants by Statute-
merchant, Tenants by Elegit, nor Tenants by Statute-ftaple; but ought to be
brought againft thofe Tenants who have an Eftate in Fee-fimple in the Lands,
or an Eftate-tail, or for Term of Life at the leaft.
F And this Writ is always Patent, and not Clofe, as other Writs are. And if
the Lands be holden of other Perfons than of the King or of the Queen, then
this Writ fhall be dire&ed unto the Lord himfelf, of whom the Lands or Te-
nements are fo holden, if the Lord be not out of the Realm ; for then it fhall
be direfted unto the Lord's Bailiff; and then the Chancellor of England ought
to be certified thereof. And if a Man be ele&ed Bilhop, and a -Writ of
Right Patent is to be fued in the Court of the Manor of the faid Bifhop, the
Writ fhall be dire&ed unto the Bailiffs of the Eledt, and not unto the eled Bifhop
himfelf. And this Writ is as a Commiffion unto the Lord, or unto the BailiffVide pot.
of the Manor, that they fhall do Right. And the Form of the Writ direded 2.E.
unto the Lord himfelf is fuch:
G Henry by the Grace of God, &c. to Henry Earl of Lancafter, greeting: We
command you, that without Delay you do full Riht to A. of B. of one Mfuage
and twenty Acres of Land (b) with the Appurtenances in J. which he claims to
hold of you by the free Service of one Penny per Annum for all Service; of which
W. of T. deforceth him; and unlefc you will do this, let the Sherifof Nottingham Vide a.E.
do it, that we may hear no more Clamour thereupon for want of Right. Wit-
nefs, &c.
H And if the Lord be out of the Realm, then the Form of the Writ which
thall be direaed unto his Bailiffs fhall be f h:
The King (c) to the Bailfs of H. Earl of Derby of the Honour of P. in the
County of Derby, greeting: Weonmand you, that without Delay you do full
Right to A. of B. of one Mefuage and twenty Acrei of Land, with the Appurte-
nances in J. which he claims to hold of your faid Lord /y the free Service of doing
Suit at the Court of your faid Lord, of the Honour aforefaid in the County afore-
faid, from three Weeks to three Weeks, for all Service, &c. as above.
And by that it appeareth, that in a Writ of Right Patent he muft exprefs
by what Services the Lands are holden, &c. And if the Lands are holden
of the King or of the Queen, as of an Honour, or in Buigage, then the
Writ fhall be dirgead unto the King's or Queen's Bailiffs, and the Writ thall
be fuch:
5., The adgment on a Writ of Right.] Judg- Baron and Femne and of the Hlcirs of the Feme
ment final is.given agaibft the Demandant, and 22 Ed, 3. 7.
afterwards the Grand Aflife is awarded, the Te- (a) This Paragraph feems to be an Additiona
nant tenders the Demy Mark for the Time, and to Fitzberbert, and is contrary to B. ard C. f-
no Seifin is found. 22 Ed. 3. S. 34 Ed. 3. pra, and PS#. 5 C.
Yzdgment z6.* But if the Seifin be found, they (b) Note; In. fome Cafes where Land is de-
Shall inquire further of thqRight. 3 Ed. 3. F. manded, the Writ fli-.l be 1withth-i pportenan-
Droit 26. See Litt. SA. 514. cis. See 19 Ed. a. Fit--, B"e. 844. and fo of ap
Judgment final was given againit the Tenants, Advowfon, 5 Ed. 3. Fitz. Bre. 748.
Baron and Fene, on a Default after the Mife (c) Becaufe, although the Suitor. are Judges,
joined, -viz. That the Tenant (Demandant) yet the Bailiffs thall make the Proccs. Mich.
ihould hold to him and hisHeirs, quit of the 7 H. 8. Ret, o3. 2 Bdel../. 5.

Henyy
 4 , Writ of Right Patent.
Henry by the Grace of God, King, &c. to his Bailiffs of Lincoln, greeting:
We command you, that without Delay you do full Right to A. of B. of one Mef-
Juage with the Appurtenances in Lincoln, which he claims to hold of us by the
free Service of one Penny per Annum for all Service, of which W. of B. deforceth
him, that we may hear no more Clamour thereupon for want of Right, &c.
And if a Man fue a Writ of Right Paient of Lands or Tenements which are K
holden by a Knight's Fee, then the Form of the Writ fhall be: Of one Mf-
fJage and ten Acres of Land, &c. which he claims to hold of you by the Service
of one Knight's Fee for all Service.
And the Writ of Right lieth of a Paffage over the Water of Thames, and L.
of Paffure for one hundred Sheep, and of the Rent of one Pound of Ginger,.
thus: Of one Mefuage, ten Acres of Land, nine Shillings Rent, and Paage over
the River Thames, and Paflure for one hundred Sheep, with the Appurtenances in.
W. and of the Rent of one Pound of Ginger, one Pound of Cinnamon, one Rofe, one
Pairof gilt Spurs, and of the third Part of one Garden, with the Appurtenances
in N. which he claims to hold of us by the free Service of him/elf, together with his
Partners, finding for us five Ships for our Pafage at our Command, for all Ser-
vice, &c.
[ 2. 1J And if the Lands of any Lord be in the King for the Nonage of the Heir, A
and a Writ of Right is to be brought in the Court of the Manor where the
King hath committed the Wardfhip of the Lands to another, the Writ of.
Right thall be dire6ted unto the Bailiffs of the Guardian to whom it is corn-
nitted, or unto the Guardian himfelf, if he hath, the Land in Ward in his
own Right, and by reafon of the Seigniory that the Heir is in his Ward.
And theForms of the Writs in the Regifter are thus: The King to the Bai-
lfs of the Guardian of the Land and Heir of A. of B. Or thus : To the Bai-
lifs of the Guardian of the Land of A. of B. And this Writ is where the
Guardian hath only the Wardlhip of the Land, and not of the Heir, &c.
And unto the Guardian himfelf the Writ is, The King to the Guardian of the
Land and Heir, greeting: We command you, &c. which he claims to hold, of the,
aforefaid Heir. And if the Heir hath no Court for the Poornefs of the Land,
that it is of fo fmall Value, then the Writ thall be directed unto the chief
Lord, as chief Lord, and not as a Guardian ; and then the Writ thall fay, And
which he claims to hold of him, &c. and fhail'not fay as Guardian.
And it appeareth that a Man fhall have a Writ of Right of a Knight's Fee,
and the Writ (hall be fuch:
The King to A. of B. greeting, &c. We command you that, &c. W. &c. of B
:he Service of cne Knight's Fee, with the Appurtenances in W. which he claims
to hold, &c. by the Service of one Pair of gilt Spurs for all Service, &c. or, by
the Service of finding an Horfeman or Footman to go with you in the Army of,
Wales at your own Expence and Coft, &c. for all Service. Or thus: By the free
Service of carying your Writs at your own Expence and your own Cofi within the
County, for all Service.
And there is an Order fet in the Regifter, when a Man demandeth divers C
Parcels of Land in his Writ which are of divers Natures, which.Parcel thall
be firft fpecified in the Writ, and what Parcel thall be next unto that, and
then what Parcel fhall be next to that,, and fo of all the Parcels ; and that
appeareth by the following Paragraph:
Meuage,
 Writ of Right Patent. 5
Mefuage, .ofl, Mill, Dove-houfe, Garden, Land, Meadow, Pafure, Wood, 8A11r. 17.
Heath, Moor, Soil 4where Rufhes do grow, Marfh, the Soil and Wood where Alders 46.
grow, the Soil where Broom doth srow, Rent: This is the Order of the Par- &3 Ft.
cels. 8 Aff. s4. In
And if- a Man in his Writ will demand twenty 1outfes, and 'ten Acres of which Allie
Land, and ten Acres of, Meadow, and ten Acres of Pafture, and divers oiher [Wood) was
Parcels ;- and afterwards in the fame Writ he will'demgnd the Moiety, or the uere Pa-
third Part of one Houfe, or of one Acre of Land, or of Meadow, or of Pa- -good,. 7E,6.
ture ;- then the Form of the Writ is, to put in the Beginning of the Writ the Dyer 84.
whole Parcel. and in the End of the Writ the Moiety or the third Part, Sc. Mar. 169.
thus :- 7hat fill Right, &c. of one Mefuage, one Mill, one Garden, the Moiety*
of one Mej/age, of one Acre of Land, excepting one 'Acre of Land in N. &c. fo
as the Exception flr1l always' be in the End of the Demand.
D Andia Writ of'Rigt-may.be brought againift divers Tenants-who hbld their.
Lands feverally; and thenI the Form of the Writ is; The Kiig to A. B. &c.
We command you that, &c. you do full Right to A. of twenty Acres of Land with'
the Appurtenances i-N. which he claims, &c. whereof F. deforceth*him of ten
Acres,', and S. of three Acres, and C. of feven Acres of Land. And fo the Word
[Land] thall be in the End to him that fhall be' fbppofed laft Deforceor, &c.
E And if a Writ of Right be brought in the Court of any Bilhop or Abbot,
it-fhall be then direded to 'the fame Bifhep,., thus: The King, &c. to the Vene- i. G. . A._
rable Father in ChryWilliam, by the fame Grace 'Archybop "of Canterbury,
Primate of all England, greeting: We command 'you -that without Delay, &c.
which he claim to-hold of you by free -Service, &c.
And if' it- be direfted unto an Abbot, then-. the' Writ- fhal fay, Which he
claims to hold of you, &c.
And' if in the Time of -the Vacati6n oF any- Bifhoprick a Writ of 'Right
flYall be brought in the Court-of any Lands which are of the Bifhoprick, which"
are in the King's Hands by reafon of the Vacation of the Bifhoprick, then the
Writ of Right fhall be dire&ed*unto the King's Bailiff, or unto the Bailiff of
him who is the Bifhop eled ; and the Form of the Writ is 'fach: Th King to
the Bailifl of C. of the Archbijhoprick of York, greeting: Or thus: The King'
to the Biifs of H. (a) Eleft of Lincoln, &c. greeting: We commandyou, &c.
which he claims to hold of the a/orefaid Archbfhop. Or 'thus,- if it -be 'dire&ed Amae '.F.
unto the Bailiffs of the Bifhop ele: 'Which he claims to-hold' of your afore/aid
Lord by Service, &c.
F But the Lord may give Licence unto .his Tenant to fue his Writ' of Right Licence.-
ihi the King'd Ccu rt, or the Common Pleas, before the Juffices; -and' that as
well after the Writ purchafed and #eturned into the Common-Ples,, as 'before
the Writ-purchaled and fied. And the Forn of the Writ, when it.-hall be
fued 'in the Commen Pleas-by Licence of the Lord, fhall -be fuch: -The, King
to, the Sheriff &c. Command A. that juftly; &c. he render to C. one Me]iage
with the Appurtenances' in M. which-he claims to be his Right and Inheritance,
and whereof he complins,- that 'the aforefaid A. hath. unjujly deforced.him, and

(a). For he ought. not to be named Bilop till Collation of the Pope, .but thall be named only.'
Gonecration, not even-.though he. came in by Ele0, 5 Ed.2. Fitz. Brev. Soo..

Uleft'
 6 Writ of Right Patent.
unlefs he will do this, and the afjrefaid C.. jhall give you Security to profecute his
Suit, then fummon by good Summoners the aforefaid A. that he be before our yfti-
ces at Weftminfter on the fifteenth Day of the Holy Trinity, to Jhew why he will
Vide 4. D. not do it: And have you there the Summoners and this Writ. Witnefs, &c. Be-
caufe I. the chief Lord of the .Fee, hath thereupon remitted to us his Court. And
fo this Claufe fhall be put in the Writ after the Tefte, &c. And if this Claufe
be omitted, and the Lord after the Purchafe of the Writ fend his Letter to the
King that he is contented, therewith, it is fufficient.
[ 3. ] And if fuch Claufe, Becaufe the Lord hath remitted his Court, were in the
Writ, it is not material whether there were any Letter of the-Lord in the
Chancery, proving his Affent, or not. And the Form of the Letter of Li-
cence, which Ihall be certified unto the King, is thus:
To the moft excellent PrinceLord Henry by the Grace of God King of England, A
Lord of Ireland, and Duke of Aquitain, the Byhop of Durham fendeth greeting,
in Him by whom Kings reign andPrinces bear Dominion. Becaufe K. of S. having
obtained our Leave, purpofeth to implead W. in your Court before your Juftices of
the Bench -by your Writ of Right, of one Meftage with the Appurtenances in J.
which he holds of us, Wefignfy to your Royal Highnefs by the Tenor of thefe Pre-
fents, that for this Time we have thereupon remitted to you our Court, faving to
us otherwife the Right of our Seigniory in the like Cafe, if it fhall happen. In
,Witnefs whereof we have caufed thefe our Letters to be made Patent. Dated at
London the Day, Tear, &c.
But if the (a) Tenant of any Lord fue fuch a Writ of Right in the King's B
Court without fuch Letter, and recover, it feemeth the Recovery is good, and
ithe Lord fhall not void the fame nor the Tenant. Alfo it feemeth to ftand C
with Reafon, that if a Man hold of any Lord, as of a Seigniory in grofs,
which is not any Manor, for which Seigniory he cannot keep any Court; that
then the Tenant ought to fue fuch Writ as before in the King's Court, and
that the Lord thall not have Aaion, or other Means to annul this Af, be-
caufe he hath not any Court to hold Plea for that there. And in the End of
the Writ may be thefe Words, Becaufe the Lord hath remitted his Court, &c.
Pra'dpe ix But if the Tenant will fue forth the Writ of Precipe in Capite in the King's D
capite. Court for fuch Lands as are holden of another Lord, (b) then the Lord fhall
Polt. s.A. have a Writ out of the Chancery dire&ed unto the Juflices of the Common
Pleas, commanding them, that if it doth not appear unto them that the Lands
are holden of the King, but of another, they fhall proceed no farther on that
Plea. For by this Writ the Plea fuppofeth the Lands to be holden of the
King, and therefore he and his Heirs fhall be concluded againft the King for
the Tenure, and the fame thall be prejudicial unto the Lord of whom the Lands
are holden: But by the other Writ he doth not fuppofe any Tenure in the
Writ, and therefore there is great Diverfity. Tamen quere.
And if a Man fue a Writ of Right directed unto the Lord of whom the E
Lands are holden, and he will not hold his Court to proceed upon the Writ;
then the Demandant in the Writ of Right fhall have a Writ direded unto the
(a) Yet fee 6 Ed. 3. 22. He may come in and this by way of Challenge, but only by way of
pray that it be inquired by the Inquelt, &c. Proteftation, to fare an Eftopple of the Tenure.
(A)See 6 Ed. 3 . i6. Mag. Char. c. z4. But 38 Ed. 3 . 3 1.
the Tnant in a Writ of Right thall not hlledge
Lord,
 Writ of Right Patent. 7
Lord, commanding him to -hold his Court, &c. and if he will not receive
the Writ, nor do Right unto him,, he may fue forth a Writ commanding him
to do Right, and thereupon he may have an Alias, and a Pluries, and Attach-
ment; and the Form of a Writ of Attachment is. fuch:
2The King to the Sherif, &c. If A. fhall give you .Security, .&c. then put, &c. Anatadwnt.
B. that he be, .&c. as well to anfwer us as the aforefaid A. wherefore when we
commanded the faid B.' by our Writ of Right, that without Delay be fkould do full.
Right to the aforefaid A. of one Me#kage with the Appurtenances in N. of which
T. deftrceth him- -the /aid .B. little weighing our Command in this. Behalf, hath
malicioufjy fapprefed our faid Writ in favour of the aforejaidT. or thus, bath
eefufed to receive our Writ, ,and to hold his Court,..and to do.. 7uffice' to the faid
A. in the Premfes, in Contempt of us and of our Command, and to the greatDa-
mage and mansifeff Danger of "difihiberiting the faid A. And' have, &c.. And
upon that if the Defendant appear .,he fhall be put to anfwer, .&c,.
F Bt if the Lord of the Court hold his -Court,.but the Lord, ,or the Bailiff,
or Officer will not do him Righr, .or delay him to have Right,: or to make
Procefs,.&c. then the Demandant may: fhew unto the Sheriff of.the County
how. he is -delayed, .&c. and pray the Sheriff to award fuch a Precept or Writ,
which is called a Tolt,. direCied to his Bailiffs, by his Precept, .to, remove the Tt on the
Plea before him into -his County; and upon that the Sheriff ought to' award Lord's Det
flch',a Precepp.to his-Bailiff,.&c. and to.go unto the Lord's Court, -and there fa, at the
ftmove the Matter before the SheriffinhisCounty And the Form of the suit.
Precept ,is' fich: PoRt.- 7 .EL
Robert A. Sheriff Norfolk,. to Edmund C. the Lord 'the Kig's Bdilkff of
his Dutchy' of Lancafter of F. greeting : Becaufe I hve received Information from
the Complaint of John B. perfonally appearingat my Coasty (to wit) on Monday
next after, &c. in th' Zear, &c. held in the Shire-hortfe at Norwich, that al-
though he brought to J. P. and J B. Bail . (of the faid Lbrd the King of the
Dutchy 'aforefaid) of.F. aforefaid, the Lord the Kins Writ of Right Patent di.
refted to the Bailiffs of the faid Lord the lisg of his Dutchy of Lancafter of F.
in my faid County, for the Pearpofe that they might do full'Right to the faid John
B. of the Manor of F. with the Appurtenances, .whereofJohn S. deforceth him;
yet becau4 therfaid.Bailifs favour the /aid J. S. in that Matter, and'have hitherto
delayed to do fall Right according to the Exigency of the fame Writ, I command
you, on behalf qf the Lord the King,,Jfrmy. enjoining that you go in your proper.
Peron to the Lord the King's Court of -his Dutchy aforefaid 'of F. and remove
the Plaintwhich is there between the faid John B. and John S. by the faid fWrit
into my County next to be held, and fursmon by good Summoness the aforefaidJohn
S. that he be at my County of Norfolk, to be held on Monday next coming at N.
in the Shire-houfe to an/wer the afore/aidJohn B. thereupon; and have you there
the afore/aid Plaint, .the Summoners, and this Prcept. Dated in my County at
Norwich in the Shire-houfe, on Monday -next after, &c. in the Year aforefaid.
G. And by-this it appeareth, -that the Demandant may remove the Matter out.' [ 4. ]
of the Lord's Court into the County Court: And it feems reafonable that the h at the To.
Tenant may alfo remove the Matter by a f'olt made by the Sheriff, uppo- nan'kSuit.
fhig that the Bailiffs of the Court 'do favour the Demandant in the Matter.
Y'amen quere; for. the Rule in the Regifter is, that the Tenant may remove
the Plea out of the Lord'% Court for gopd.Caufe before the Juftices in the
Common
 8 Writ of Right Patert.
Common Pieas; but the Demandant cannot fo do, becaufe he may have a folt
froni the Sheriff to remove it out of the Lord's Court into the County Court.
Recordare. But when it is in the County, he may remove it thence by a Recordare be- A
fore the Juffices in the Common Pleas. And by this Rule it feems, that the
Tenant cannot remove the Plea by a Tolt out-of the Lord's Court into the
County, but he ought to remove it into the Common Pleas by a Recordare,
&c. and that for 'good Caufe fhewed in' the Writ. And the Writ of Recor-
dare is fuch: Tbe King to the Sheriff, &c. greeting: We command you, that ta-
king with you four defcreet and lawful Knights of your County, you go in your pro-
per Per/on to the Court of A. of B. and in that full Court you caufe to be recorded
the Plaint, which is in the fame Court by our Writ of Right, between W. De-
miandant and S. Tenant, of one Mefuage with the Appurtenances in B. and have
you that Record before our 7ufices at Weftminfter from the Day of Saint Michael
in fifteen Days, under your Seal and the. Seals of four lawful Men of the fame
Court, who intermeddled in that.Record, and prefix the fame Day to the Parties,
that they may be then there to proceed in that Plaint, as it jhall be juft ; and
have you there the Names of the aforefaid four Men and this Writ. Wyitnefs, &c.
And in the End of the Writ of Recordare the Caufe of the Removal fhall be
put in thus: Becaufe the Meffuage of the aforepid T. after the Death of the
faid T. if the /aid W. die without Heir of his Body, ought to defcend to the Bai-
Aff of the Court aforefaid, who holds the Pleas of the fame Court, as Coufin and
next Heir of the faid W. and the /aid W. hath deraigned That againfl the faid
T. in the Court aforefaid; wherefore becaufe the fame Baikif favoureth the faid
W. in the aforefaid Plaint, as it is [aid, let Execution of this Writ be done, if
the Caufe be true, and the aforefaid S. prays this, and otherwrfe not.
. 3 H. 4. 14- And there are many other Cafes put in the Regifter of Remover of this B
- H. 4. I 3. Plea into the Common Pleas
at the Suit of the Tenant. As if the Lord take
&H. 7. 30. upon him for to maintain the Matter, to have Part of the Land. Or if the
v &zP'. &Ma. Tenant alledges Baftardy, or plead a Foreign Plea, or join the Mife upon
Dher 'ia. the Grand Affife, &c. And when the Demandant hath removed the Plea by
"nf.Olt into the County, then the Demandant may remove the fame (a) into the
3;ait 30. Common Pleas by a Pone, without exprefling any Caufe in the Pone. But the
Poft. 7. E. Tenant cannot remove it, without a Caufe be expreffed in the Pone.
Recordare. And it is a Rule, that a Recordare is not given to remove any Plea in a C
Pol. 7. E. Writ of Right, but for the Tenant. But Pone is given for the Demandant,
but that ought to -be out of the County Court. And the Form of the Pone
for the Demandant is fuch:
The King to the Sherif, &c. greeting-: At, the Petition of the Demandant put
the Plaint which is in your County, by our Writ of Right between A. Demandant
tnhd T. Tenant, of one Mefuage with the Appurtenances in T. before cur Yuffices
at Weaminfter on the Oflave of the Holy T'rinily next coming, and fum:njen by
g wd Sumnancrs the afore/aid T. that he be tihn there to anker the oforefaid A.
thereupon ; and have you there the Summoners and this IP 'it.
And here is not faid [and another Writ] becaufe the original Writ of Right D
Peatent doth remain with the Demandant, and not with the Sheriff, &c. as do
other original Writs.
(a) Note; In fuch Cafe the Plea may be removed i:.to B. R. per fladford; and thete they may
roceed thereon. ' I H 4. 49,
And
 . Writ of Rght Patent. 9
And if the Tenant will remove the Plea out of the County by Pove, he
ought to tiew fome Caufe in the Writ; and the Writ is fuch: Whe King to
the Sherif, &c. .Putthe Plaint which is in your County, &c. before our fufices
at Wefiminifer in fifteen Days of the Holy rrinity next coming, &c. as above ;
and tell the aforefaid A. that he may be then there, if he will, to profecute his
Plaint thereupon againft the aforefaid T. and have you then there this Writ
Wxtnefs, &c. Becaufe the aforefaid A. hath mariled W. the Kin/woman of the
Sherif, &c. wherefore becaufe the Sheriffavoureth, &c. let Execution be done,
&c. as above.
E And in a Writ of Right in a Court Baron, if a Foreign Plea be pleaded,
or the Mife is joined to be tried by the Grand Affife; (a) now if the Bailiffs
will proceed, the Tenant may have a Prohibition direted unto them, which Presibities.
thall inhibit the Bailiffs to hold the Plea. Or he may inhibit the Lord himfelf,
that he fhall not hold the Plea, &c. And alfo fuch Writ fhall be direfted
unto the Sheriff, forbidding him to hold Plea in the County Court upon the
Writ of Right after fuch Pleas pleaded; and if they do proceed, he may fue
forth an Alias, and a Pluries, and an Attachment againft them,.
17 And it is to be known, that if the Lord or Bailiffs do ceafe to proceed in the.
Plea by reafon of fuch Writ of Prohibition, then when the Juftices in Eyre
come into the County for all Pleas, the Demandant may come into the Chan.
cery by the Record of the Writ of Prohibition, which iffued before out of
the Chancery, which is always inrolled in the Chancery ; and thereupon he
fhall have a Writ dire&ted unto the Sheriff to fummon four Knights to chufe
the Grand Affife upon the Writ of Right which is in the Lord's Court, or
in the County. And the Writ of chuling the Grand Aflife fhall be fuch:
(b) The King to the Sherif, &c. greeting: Summon by good Summoners four
lawful Knights of your County, that they be before our 7uftices at the firfi Afifes,
when they /hall come into thofe Parts, to eleft twelve of the lawful Knights of the
Neighboirhood of N. who may better know and will /peak the Truth, to make
Cognizance of our great Afife between A. Demandant and B. TJenant, of one Mefi
fuage with the Appurtenances in N. whereupon the fame B. who is !renant, hath
put him/elf upon our great 4ife, and hath prayed that Cognizance may be made,
whether of them hath greaterRight in the Mefuage aforefaid, andfummon by good
Summoners the aforefaid B. that he be then there to hear that Eleflion ; and
have you there the Names of the aforefaid Knights and this Writ. And when [ 5. )
A the Plea is in the Common Pleas, then this Writ of Magna Alifa eligenda
fhall iffue out of the Common Pleas, and is judicial: But in the Cafe before
it fh'all iffue out of the Chancery without paying a Fine. And if the DLeman-
13 dant fue a Writ of Precipe in Capite in the Common Pleas for Lands holden Ant. 3. D.
of another Lord than of the King, then the Lord of whom the Lands are
holden, may fue forth a Writ dire~ted unto the Juffices of the Common Pleas,

(a) See this otherwife in the Court of Antient (b) Note; The Knights ought to be girded
Demante, where in a Writ of Right Clofe fued, 'with Swords, otherwife it is Caue of Challenge.
in Nature of a Writ of Right Patent, a Jury was See Trin. 6 Elix. Moor's Reports 67. Squire and
returned there, initead-bf the Grand Allife. Read,
x Mar. Dyer I 1.
C rehearling
 1e Writ of Right Patent.
rehearfing how that the Land is, holden of him, commanding them to pro-
ceed no further, &c.
Ant Y.B. And as before is faid, none can fue or maintain fuch Writ of Right Patent, C
bot they who have an Eftate in Fee-fimple, as Tenant in Fee-fimple, or
Abbot, or Prior, or Bilhop, or Mater of an Hofpital; and a Body Poli-
tick,. as Mayor and Commonalty, or Bailiffs and Commonalty, &c. and
fuch Bodies Politick may have fuch Writs for their Poffeflions. But Par-
fons, Vicars, or Chantery Priefts or Prebendaries, who have Patrons and Or-
dinaries over them, cannot maintain this Writ of Right Patent, but another
Writ, which is called Juris Utrum; the Nature of which Writ thall. be after
expreffed.
If a Man bring a Writ of Right Patent as Heir unto his Anceflor, he ought D-
to lay the Seifin and Efplees, as in Pernancy of the Profits of the Lands in
his Anceftors. And if an Abbot, Bilhop, or fuch Body Politick, bring fuch
Writ,, he ought to lay the Seifin of the Efplees as in Pernancy of the Profits
in themfelves, or in their Predeceffors. And for the Refidue of this Matter
touching the Writ of Right Patent, and the Count, and the Bars, and all the
Circumftances thereof, fee the Title of Droit in the Abridgments.
acip i* And note, That a Writ of Right, which is called Pecips in Capite, is no E,
capie. Writ of _Riht Patent, but is a Writ of Right Clofe, and fhall be direted
Ai?. 3 .D unto the Sheriff of the County,. and lieth where the King's Tenant, who is
feifed in Fee-fimple of Lands holden of the King in Chief as of his Crown,
and not of the King as of any Honour, Cafile, or Manor, but merely of the
I H. 8. King as of his Crown, who is a Lord in Grofs, (becaufe it is holden of him
JJyer 44,_ +5 who is always King) is deforced, &c. And this Writ is as high in its Nature F
as the Writ of Right Patent; and no Perfon can fue this Writ, if he hath not
an Eftate in Fee-fimple of his own Poffeflion and Seifiw, or of the Seifin of his
Anceftor or Predeceffor.
And it- lieth alfo where Tenant in Fee-fimple of any Lands or Tenements, G
who holdeth fuch Land or Tenement of the King in Chief as of his Crown,
and not of the King as of any Honour, Caftle, or Manor,. lofeth his Lands
or Tenements by Default in a Precipequod reddat: Now he or his Heir may
have this Writ of Right, of Pracipe in Capite, againft the Tenant of the
Freehold of thofe Lands or Tenement. And this Writ fhall be Clofe, and H
thall be dire6aed unto the Sheriff, and returnable in the Common Pleas before
the Juftices there: And in this.Writ he ought to lay the Seifin in himfelt, or
in his Anceftor or Predeceffor, in the fame Form as. he Ihall do in a Writ of
Right.
The King to the Sherify of Nottinghamfhire, &c. Command A. that juily, I
&c. he render to B. one Mefuage with the Appurtenances in D. which he claim-
eth to be his Right and Inheritance, and to hold of us in Chief, and whereof he.
complains that the aforefaid A. unjufly deforceth him ; and unlefs he will do this,
and the aforefaid B. /ball give you Security to profecute his Claim, then fummon b
good Summoners the aforefaid A. that, &c. Or thus, if an Abbot or fpiritual
Perfon fue the Writ: Which he claims to be the Right of his Church of 3aint
Mary of N. and to bold of us. in Chief, and whereof he complains, &c.

And
 Writ of Right Parm. nI
K And by this Writ it fully appears, that Lands which are holden of -the Bre. Livery
King as of an Honour, Caftle, or Manor, are not holden in Capite of the 7R 9. x4
King, becaufe that the Writ of Right in fuch Cafe fhall be direaed unto the29. 01.
Bailiff of the Honour, or Caftle, or Manor, to do Right, &c. But when V. zE. 3. B.
the Lands are holden of the King as of the Crown, they are not holden of Tenures, z6.
may Manor, Caftle, or Honour, but merely of the King as King, and of the 3'3 H. 8. sz;
are forat'
King's Crown as of a Seigniory (a) by itfelf in Grofs, and in Chief above all there
'Honoursof
other Seigniories. And thereof it followeth, that there are many Errors and which Land,
erroneous Opinions at this Day in the fuing of Liveries, and finding of Offi- are holden is
ces, and determining which Lands fhall be taken to be holden of the King in capie.
Chief, and which not - and therefore quere to know the Truth. Dyer 45.
L In Precipe in Capite the Tenant thall not plead, that the Tenements are 38 E.3. 15.
not holden of the King, although the Writ doth fo fuppoe ; but he ought to Br. Droit i
take the fame by Proteftation, and plead other Matter in Bar, if he have any re
Matter to plead. F 5
AI And in a Writ of Right he ought to count of his bwn Seifin, or -of the
Seifin of his Anceikor: And if he count of the Seifin of his Anceftor, he
may alledge the Seifin in the Time of King Richard the Firft, but the Seifin
is not traverfable: But the Tenant may tender a Dermy Mark to inquire of
this Sifin, &c. And if it be found with the Tenant, that the Anceftor was
not feifed, the Demandant fhall be barred. But if the King be Party De-
mandant, the Tenant cannot tender the Demy Mark to inquire of the Seifini
but ought to plead in Bar; and there the Tenant fhall have no Imparlance
without the Affent of the King's Serjeants. And it feems reafonable, if the
Tenant in a Precipe qod reddat lofe by A&ien tried, that yet he thall have a Lite. aq4;
Writ of Right.
N And to if the Demandant be barred in an Aflife of Mordancejier4 Co. 43.
brought by hir, or other real A&ion, as a Writ of Entry far Drfejin, &c.
or the like Writ, and is barred by Aaion tried, yet he fhall have a Writ [ 6. ]
of Right Patent, or Prwcipe in Capite, if the Lands be holden of the King
in Chief: And fo it feemeth, if a Man lofe by Default in a Writ of Rights co. 86.
If the Tenant
after the Mile joined maketh Default, final judgment upon that Default Ihall not be given, but a Petit Cape fhall
iffue; for peradventure he may fave his Default: But Judgment inal, where it ought not to be in 'a Writ tf
Right, thallbind until it be reverfed.

(a) Note,' M. So H. 8. Der 44. A Tenure firms it to hold of him by a Penny, r'. The
in Chief (i.) ought to be held of the King, and Grantee ihall notwithilanding hold it in Chief,
created by him. (2.) It ought to be held of although there are thee Words added, And no?
him as of his Perfon. And <S.) per Dyer 45. is Chief; and if he grant the Reverlion, both
The King by no Means can grant or fever the the Tenure and the Services thall remain to the
Tenure and Seiniory in Chief from the Crown. King. See the Tenure of the Honour of Pymp-
The King purchafes a Mefnalty, yet the Te- foo, and 36 H. 8. Dyer 58. The Tenure of the
mant thall hold as before: So if he foreudge the Honour of Gloucefler; and Nets, The Tenure
IUiefhe, &c. he thall hold as the Mefne held. of the Principality of iWals, is not the fame.
The King grants Land in Tail, and after con- Dyer 344.

Ca
(a) before
 I2, Writ of Right in London.
(a) before the Mife joined, yet he fhall have a Writ of Right againft him
who recovereth. But after a Mife joined it is otherwife ; for then upon
Default after Iffue joined, the Judgment thall be final, as well againff the
Demandant by his Nonfuit, as againft the Tenant, if he make Default
after.
This muft be And a Man fhall have a Writ of Right Patent of a Rent, as well as of A
intended of a Land.
Rent-Service,
for of a Rent Charge or Seck no Writ of Right lies; per IHrk. 45 Ed. 3. F. Drdl 12.

Writ of Right in London.

London lieth of Lands or Tenements withia
WRIT of Right
V ' the City, by himin who claims an Eftate in Fee-fimple
&c. Patent in the
Lands and Tenements, and not by him who claims an Eftate for Life, or in
Tail, or in Dower, or by the Courtefy. For if Tenant in Fee-fimple lofeth
his Lands in London by Default, or by Verdi&,, it feemeth that he fhall have

*udgment in a Writ of Right, wide ast. f Note;, If the Tenant tenders the Mile, ei-
pag. i. and 2. & infra t. ther by Grand Aflife or Champion, and the De-
(a) The Demandant imparis on the Voucher mandant imparls thereupon, and at the Day the
of the Tenant and returns (into Court) and the Tenant makes Default; Judgment final fhall be
Tenant was demanded and made Default, and given, Becamfe he departed in Contempt of the
judgment given againft him, Becasfe he depart- Court. 3H.6*55. toH.6..2. and fo is the
ed in Contempt of the Court. 38 Ed. 3. 15. and Cafe to be intended. 44 Ed 3. 2.8. Fide fa-
fo of the Demandant if he imparls, &c. after pra *. So if after the Mife is joined by Cham-
the Mife joined. 13 Ed. 3. F. Judgment 169. pion, the Tenant appears without his Champion.
and the like of the Tenant, ti Ed. 3. F. 1a.H. 7. io. But if the Mife is joined by
JudgMet 126. judgment final is given on a Grand Allife or Battle, and afterwards the Plea
Departure in Defpight of the Court. 53 Ed. 3. is put without Day, i. e. difcontinued; and
F. Judgnment 5z. But not on a Default in a then upon a Refummons the Tenant afterwards
Petit Cape after the Mife joined. ia Ed. z. F. makes Default, Judgment final thall not be gi-
Yadgment 235. So Judgment final is given on ven. 3 Ed. 3. 5 . i Ed. 3 . Alfo if the Mife is
a Confefflon after the Mile joined, but not be- joined by Grand Affilfe, and at the Day of Nit
fore. 13 H. 4. F. Judgment 245-. 33 Ed. 3. prius, &c. the Tenant makes Default, a Petit
ibid. 253- Cape fhall iflue; and if at the Return thereof
Where the Tenant vouches, final Judgment the Tenant does not come in, nor fave his De-
fhall not be given againft the Vouchee, except fault, Judgment final thall (not) be: But if the
be be Tenant to him hat vouches him, though Demandant makes Default at any Day after the
it be after the Mife joined; per Bingham. 13 Mile joined, Judgment final fhall be given againift
Ed, 3. Jagment 152. contr. 14 Ed- 3, ibid. him. See 12 IL 7. to. or 2o. Dyer 98, 1o3.
154. SeeJudgment againfit a Prebend. 12 Ed. 3. 5 CO- 86. a. See 3 Ed- 3. 29. If in a Writ of
Judgment 163. againit a Baron and Feme; and Right against Baron and Feme, they tender the
yet the Feme fhall afterwards have a Cai in Mife, and the Demandant imparls thereupon,
wita. 33 Ed. 3. ibid. 252. It thall not be and afterwards makes Default, Judgment final
againft the King. lbid. Judgment 232. See thall be given.
Judgment final given after the Champions were Note; Where it was againft Baron and Feme,.
brought, and at another Day given,, the Te- and before the Mife accepted. i Ed. 3. F.
nant made Default; but the Demandant ap- Jadgment i 26. I3 Ed. 3. ibid. 129. acc'. where
peared with his Champion. z 9,Ed. 3. Ia. and the Termor was received. And 14 Ed. 3. 15i
to is t. H. 6. 7. Simile. ide fp. i 1. D. E.

a Writ
 Writ of Right in London.
a Writ of Right of thofe Lands dire&ed unto the Mayor and Sheriffl, and
it fhall be in the Nature as a Writ of Right Patent. And the Form of the
Writ is fuch:
C vhe King to the Mayor and Sheriffs of London, greeting: We command you,
that without Delay you do full Right to E. of N. of one Mefuage and two Shops
with the Appartenances in London, which he claims to hold of us by free Service,,
&c. whereof W. deforceth him, that we may hear no more Clamour thereupon for
want of Right. Witnefs, &c. And it fhall not be faid in this Writ, And un-
lefs you will do this, the Sheriff of fuch a Countyfhall do it, becaufe the Writ is
as well unto the Mayor of the faid City as unto the Sheriff
And the Writ of Right Patent, which fhall be direded unto another City or
Borough, fhall be of like Form as the Writ aforefaid is, as appeareth by the
Regifter, thus:
The King to the Mayor and Bailf of Oxford, greeting: We command you,
that without Delay you do full Right, &c. to E. of C. of twenty Shillings Rent,
and Pafture for,/hxteen Cattle, with the Appurtenances in N. of which A. af B.
anjuily deforceth him, &c.
D And becaufe that the Lands and Tenements within Cities and Boroughs are Burgage2r;
holden of the King in Burgage Tenure, it behoveth that the Writ of Right re.
Patent be direaed unto the faid Mayor and Sheriffs or Bailiffs, as Bailiffs and,
Officers of the King, as if Lands were holden of the King as of an Honour,, Note; All the
or Caftle, or Manor. Lands, &c.
withintheCity
of Leadar, and the Liberties thereof, are held in Free urgage without any Mernafty. Priviet. Leod. p

E And alfo upon a Writ of Right fued in London the Plea fhal not be re-
moved by (a) Tolt, or Pow, or Recordare, as another Writ of Right fued in
the Court of another Lord fhall be. But if the Tenant in the Writ of Right
in London vouch a Foreigner to Warranty, the Demandant fhall come into
the (a) Chancery, and fhall fue a Summ' ad warrantizandum in the Common,
Pleas before the Juftices at a certain Day, and another Writ unto the (b)
Mayor and Sheriffs, to fend the Record before the faid Juftices at the fame.
Day, &c. and then the Mayor and Sheriffs do adjourn the Parties before the
Juftices of the Common Pleas at a certain Day;. and alfo at the fame Day
Ihall fend the Record which is before them before the faid Juffices.; and wheal
the Juftices have determined the Warranty, they fhall (a) fend back the Re-
cord by Writ, which fhall iffue out of the Rolls of the Juffices, direaed unto

(a) N. B. That at Common Law the Record; give Jhgment upon a Default. Aid. 41Ed. -
was removed by a Writ out of Chancery,. and 31. 42 Ed. 3,. r. Nor give judgment upon a
after the Warranty determined, it was remanded Confelon; nor take an Iffue between the Te-
back ; per HanAford. i + H. 4. 26. nant and Vouchee; nor enter the Confeion, &c.
r8 Ed. 3. j.
(b) See the Power of the-ufulices-on fuch Re-
maoval of the Record. 44 Ed 3. z. They may A Vouchee cannot plead in Bar, but may
record an Aid Prayer for the Tenant, and re- vouch over a Fareig.er; ter keif contra
mand the Record. 18 Ed: 3. P. They may and 49 Ed. 3. 3'. per Wicb. and Bale. See 4
grant a Refceit to, the Wife on a Departure of Ed. 3. 3'. and 49 Ed. 3. 2!. They cannot-
the Hufband, in Delpight of the Court. Contra try a new Me pleaded by the Tenant to thp
i Ed, 3. F. .Rfceis z8. But they cannot WE..
 14 Writ of Right in London.
the Mayor and Sheriffs, commanding them to proceed in the Plea within the
faid City. And the fame is by the Statute of Gloucefter, Of Foreign Voucher
to Warranty, cap. 12. And fo it fhall be done, if the Tenant plead a Foreign
Plea, (a) the Plea fhall be removed as aforefaid, and when the Matter (a) of
the Plea is determined, then it thall be fent back unto the Mayor and She-
.riffs as aforefaid, by the Equity of the faid Statute.
And by the Rule in the Regifter every Precipequed reddat of Plea of Lands
or Tenements in London thall be dire&ed unto the Mayor and Sheriffs jointly:
But every other Writ thall be direfted unto the Sheriffs only.
V. i E. 3. S. And now it is a common Opinion, That if a Man hath Title to have a F
6 59 Formedon of Lands or Tenements in London, or any other Affion Real,, as a
Writ of Entry fur Diffeifin, or other Writ whatfoever of Lands or Tenements,
he ought to fue this Writ of Right Patent (b) dire&ed unto the Mayor and,
Sheriffs of London, that they Ihall do Right, &c. and that the Demandant,
upon this Writ, fhall make his Proteftation to fue it in the Nature of what
Writ he will, as a Man lhall do upon a Writ of Droit Clofie fued in -An-
tient Demefne. But it feemeth the Law %hall not be fo; for this Writ is a
Vrit of Right Patent, which is dire&ed unto the Mayor and Sheriffs as other
Writs dire&ed unto another City or Borough are. And I have not heard
that a Man ihall make Proteftation to fue fuch Writ Patent in the Nature of
what Writ he will. But the City of London by their Cuftom have Power to
hold Pleas of Lands within the City by other the King's Writs as well as by
Writ of Right Patent, and that appeareth by the Regifter.
H. 6. (c) And it appeareth, that London is not Antient Demefne; for then the Writ G
ac. 37 H. 6. of Right, which ihall be dire&ed unto the Mayor and Sheriffs, fhould be
27. But Clofe, and not Patent. And it appeareth by the Regifter, in the Title of
& d d uris Utrum, that a urih Utrum was fued of Tenements in London returnable
condary. before the Juftices of the Common Pleas.
And alfo it appeareth in the Regifter, in the Title of Writs of Wafte, in
the End of the Title, that a Writ of Partic'facienda was dire~ted unto the
Mayor and Sheriffs of London, to make Partition of Tenements in London;
and alfo there followeth a Writ of Efrepement, fued and direded unto the

(a) Id ef, In a Plea Real, but not in a Plea () See a Formteon of Lands in London. 43
.Perfonal; per Fri y. 3 EI. 4. I2. But on a Ed 3.21. So a Writ of Right in the Huflings
Foreign Plea pleaded in a Plea Real or Perfonal there, and Proteltation made in Nature of a For-
it that be removed to be tried, and afterwards ,adon. 18 Ed. 3. 8. See alo 3H. 4. 12, 19.
remanded, by the better Opinion. Ibid. And A Foreign Plea pleaded in a Formedon in Lon-
fo it is on a Foreign Plea pleaded in a Court don fhall be removed to be tried (here) and
Baron, or Antient Demefne, or County Palatine. after Trial remanded to be adjudged (there).
14 H. 4. 1 5, z6. zz H. 6. 48. Lib. Intrat. zz 9 . 1 4 H 4 . 25.
But it is otherwife, if a Refummons be fued out N. B. xS Ed. 3. 8. The Writ of Right was
,o a Court which has Conufance on a Foreign fued in Nature of a Formedon in De/cender in
Flea; per Cue. 14 H. 4. a . See per Norton London. See 4 1801. 147. And no Writ lies.
and Hull, a Foreign likhe joined in Debt brought of Lands in London, but in London only. Dye,
.in Curt Baron or other Court, which, may hold 317.
Plea thereof, or in a Suit by Bill by a Copy- (c) Not; In 7 H. 6. 3. it is certified, that
holder ; it fhall not be tried here Jin Wefinin- London is not Anien Dcfne.
,all) contra of a Writ of Right brought in the
of t8 Lord. IeH. Zr4 64. e4douro8 S a. 3H.
Seriffs
 Wit of Riht in Londorr. s5
Sheriffs of London, upon a, Writ of (a) wr;ri Utrum depending before the Ju- 17* I
ftices of the Common Pleas, of Tenements in London.
A And it appeareth in the Regifter a Writ of Yuficies of Dower fued in Lon-
don for Lands in London was direed unto the Mayor and Sheriffs of the City,
and a fpecial Writ for the Heir in Tail for Lands in London, direited unto the
Mayor and Sheriffs there, upon a (b) Devife made of the Lands unto his
Anceftors in Tail, &c. ,And the like Writ for him in the Remainder in
Tail, and alfo for him in the Reverfion. And the like Writs upon De-
viles made in other Cities and Boroughs by fome Perfons to others,. &c. And.
thefe Writs are in the Regifter after the Writ of Formedon in the Remainder.
Fal. 244.
And by thefe Writs it appeareth, that a WfJrit of Right Patent, which is
direited unto the Mayor and Sheriffs of London,. is not fuch a Writ as a Man
thall declare thereupon in the Nature of what Writ he will,. &c. as it fhall
be upon a Writ of Droit Clofo fued in Antient Demefne ; but that it behoveth
to fue in London his Writ in. the Nature .of fuch. Writ as his Cafe requireth,.
&c. But quere veritanem of that which was ufed in antient Times in Lon-
don.
B, And it appeareth in the Regifter, that the King fhall have a Writ of Efcheat Ebchea-
returnable into the King's Bench for Lands in London efcheated unto the King;
and by the fame Reafon another Man fhall have a Writ of other Nature,
there, returned in the Common Pleas. atere; For the King hath a Prero-
gative in this Matter before others, to fue in what Court he will; but he
cannot alter or change the Nature of the Writ, otherwife than the Law giveth
the fame to him; (c) and therefore quere of this Matter.
C There is alfo another Suit which lieth in a City or Borough. for Lands or
Tenements, by Ufage and Cuftom of the City, and that is by Bill without
any Writ out of the Chancery; and the fame is called a Bill of Frefb Force,
or an Affife of Frejh Force, and lieth only where a Man is diffeifed of his ffje of Fr
Lands and Tenements in any City or Borough, or deforced of any Lands or Force,
Tenements after the Death of. his Anceftor,, or after the Death of his-Tenant
for Life,, or in Tail, or in Dower, or the like; now within forty Days after
the Title accrued unto him, he may fue this Bill. of Frefb Force, and fhall
make Proteftation to fue in the Nature of what Writ he will,, as. Affife do
Mortdauncefter, or Affife of Novel Diffet/in,, or Intrufjon, or of Formedon, or
in the Nature of any other Writ,, as his Cafe doth require:.- But after the

(a) See a 7uris Vhrnss of Tenements in Lon- other Severance. See 49 Ed 3. Zhadn. And
don challenged; for that their Franchife is, not by the Cuftom there, all the Lands and Tene-
to implead or be impleaded without their City- ments, Rents and Services, within the faid City
Walls. M. i6 Ed. 3. and Suburbs are deviable. So that the Free-
{6) See the firfi Charter of Ed. 3. to Londow, men and Women of the faid City may by the
the Citizens of London being Freemen,. may de- faid Ufage devife them to whom and for what"
vife their Lands there in Mortmain _.and this Eftate they will. See Gahborfs Cafes 103, 104*.
feems to be an antient Cufom there. See Gro. W. B.
Car, 48 and 57. And by the Cuflom of London 'he (c) Here the Words ad othrs. are added to,
who holds Lands there jointly with others, may the OPiJ al.
devife that which belongs to him without any.
 14 Writ of Rght of Dower.
forty Days paft after the Title accrued unto him, he ought to fue a Writ out
of the Chancery, dire&ed to the Mayor and Sheriffs of London, as the Cafe
lieth.
And alfo it appeareth by the antient Treatife of Natura Brevium, that if a D
Foreigner fue an Amfife, or other Precipe quod reddat of Lands in London in
the Common Pleas, &c. that the Mayor and Sheriffs, &c. (a) may demand
Conufance, &c. And therefore it feemeth, if they do not demand Conu'
fance of the Plea, but fuffer the Recovery to pafs in the Common Pleas be-
fore the Juftices, that then the Recovery is good in the Common Pleas for
the Lands in London. And when the Mayors and Bailiffs fhall demand Co-
nufance of Pleas, and when not, and when they have furceafed their Times,
appeareth in the Title Conufance, in the Abridgments, more at large; and
therefore fee there.

Writ of Bght of Dower.

T Heir,Writ
HE to fue in the of
of Right Dower
Court
is Patent, and thall be dire&ed unto the
of the Heir, as it appeareth by Britton. And
where the Writ is direaed unto the Heir of the Hufband, and the fame Heir
E

is feifed of the Land whereof the Wife demandeth Dower, then if he will
not afign Dower unto the Feme, the Feme who is Demandant may remove
,,of, ant. 3.the fame by a folt into the County, and alfo may remove the fame out of
F. G. the County into the Common Pleas by a Pone, &c. without thewing of any
Qufe in the Writ, as the Demandant Ihall do in a Writ of Right Patent.
But the Tenant in a Writ of Right Patent fhall not remove the Plea out of
the County into the Common Pleas, without fbewing of Caufe in the Pone.
And the Tenant in a Writ of Right Patent, or in a Writ of Right of Dower,
ATt. 4. B. may remove the Plea into the Common Pleas by a Recordare out of the
Court of the Lord, upon Caufe thewed in the Writ. And 'What Caufes are
fufficient and good to remove the Plea out of the Lord's Court, or out of
the County, and what not, does appear in the Regifter; and therefore fee the
Caufes there. But the Demandant cannot remove the Plea out of the Court
of the Heir by a Pone, becaufe he ought firft to remove it by a Tolt into the
County, and from the County he may remove it into the Common Pleas by
a Pone without fhewing of Caufe in the Writ, as before is faid.
And in a Writ of Right Patent the Plea may be removed at the Tenants
Suit by a Recordare out of the Lord's Court into the Common Pleas, before
the Juftices there: And by the fame Reafon it feemeth, that it may be re-
moved at the Suit of the Tenant, in a Writ of Right of Dower, out of the
Heir's Court into the Common Pleas, before the Jultices there, by Recordare,
for good Caufe. But quere.

(a) See per Pat. That they have mot Conufance in Pleas (or Suits) Real, but only in Pleas Per-
Ional. M. 16Ed3-
 Writ of Right of Dower. 17
F And if the Hufband do enfeoff a Stranger of all his Lands, and dieth, and
his Heir hath nothing by Defcent; now if the Feme be to fue forth a Writ of
Right of Dower, it feemeth the fhall fue her Writ of Right of Dower dire&ed
unto the fame Feoffee, &c. for after the Endowment the Feoffee fhall be her
Lord, and the fhall hold this Dower of him by Fealty. But before the Sta- 8. J
tute de guia Emptores terrarum, if the Hufband enfeoff a Stranger of Parcel
of his Lands, &c. to hold of him, then if the Feme be to fue a Writ of
Right of Dower againft the Feoffee, the Writ fhall be fued in the Heir's
Court, and the Writ hall be directed unto the Heir, for the Seigniory that
remaineth in him.
A And fo if the Hufband at this Day giveth Parcel of his Manor in Tail to
hold of him, and dieth, the Feme fhall fue her Writ of Right of Dower in
the Court of the Heir of her Hufband againift theF Donee in Tail, and the
Writ thall be dire&ed unto the Heir: But if the Hufband make a Gift in
Tail of all the Lands that he hath, and dieth, and the Feme is to fue a Writ
of Right of Dower of that Land; then the Hufband's Heir cannot have any
Court, becaufe he hath but a Seigniory in Grofs; and therefore it ftands with
Reafon that the thould have her Writ of Right of Dower againft the Donee in
Tail dire&ed unto the Sheriff, returnable in the Common Pleas, and the thall
have this Claufe in the Writ; Becaufe B. the chief Lord of the Fee, hath there-
upon remitted to us his Court.
B And fo if the Hufband make a Leafe of all his Lands unto a Stranger for
Life, and dieth, and the Feme is to bring a Writ of Right of Dower againft
the Leffee for Life; then it feemeth reafonable that the Feme have her Writ
of Right of Dower againft the Leffee for Life in the Common Pleas, becaufe
that he in the Reverfion hath not any Court. And although that this Claufe,
viz. Becaufe B. the chief Lord, &c. be put in the Writ, if the Lord have not
any Court to hold, becaufe it is a Seigniory in Grofs, and not any Demefne
Land to hold a Court, &c. then, although the Lord did never remit his
Court, and that there is not any Matter apparent or remaining in the Chan-
cery to prove the Lord's Will and Affent to remit his Court, yet the Writ
returned into the Common Pleas before the Juflices there, is good; and they
fhall proceed thereupon, if the Lord hath not any Court to hold Plea for
this Matter. And it feemeth that the Lord fhall not have his Adion againft
the Demandant for fuing the Writ in the Common Pleas, if he have no Court
to hold Plea thereupon, and to do Right unto the Party. But if the Lord
hath a Court to hold Plea, then he may have a Prohibition to the Juftices of
the Common Pleas, that they do not proceed upon the Plea, otherwife not.
uere of this Matter.
C And this Writ of Right of Dower lieth where a Feme is endowed of Parcel
- of her Dower ; and the would demand the Refidue againft the fame Tenant,
and in the fame Town, then the ought to fhew this Writ of Right of Dower;
for the Words of the other Writ will not ferve, viz. unde nihil habet, becaufe
that the hath recedived Part of her Dower; and therefore of Neceffity it be-
hoveth her to fue this Writ of Right of Dower to recover the Refidue ; and
the Writ fhall be direded unto the Heir, or unto his Guardian, if he be in
Ward, as a Writ of Right Patent fhall be, &c.

D And
 Writ of Right of Dower.
And if a Feme lofe her Land which the holdeth in Dower by Default in a D
Precipegued reddat; yet according to (a) the Opinion of fone Men, the fhall
have a Writ of Right of Dower. But it feemeth, by the Equity of the Sta-
tute of Weft. 2. cap. 4.. that if a Ferne lofe by Default the Land whereof fhe
bath had Dower, that by that Statute the (hall have a Zod ei deforceat to re-
cover the Land; and before that Statute the had no Remedy for to recover
the Land, but only an A6tion of Difeeit, if the were not fummoned in this
Writ of Right of Dower.
And if a Feme hath a Dower, and lofe the fame by Affife or A6tion tried, E
it feemeth the hath not any Remedy but only by Attaint; for it feemeth that
the lhall not have Remedy to recover by a Writ of Right of Dower, becaufe
the had the Land once afligned unto her in Dower, and the was in Poffeflion
of the fame, fo that the Title was executed, and the ought to fue an A6tion
of her own Poffeflion, if Ihe be afterwards deforced. Tamen quere. And F
after the Plea removed unto the Common Pleas, the Procefs is then Grand
Cape and Petit Cape. And in the Heir's Court the Manner is to make a Pre-
cept in the Nature of Summons, and of Grand Cape and Petit Cape, and the
Writ direaed unto the Heir is fuch:
The King to A. greeting: We command you, that without Delay you do full G
Right to B. who was the Wife of C. of a third Partof ten Acres of Land witb
the Appurtenances in W. which jhe claims to hold of you in Dower by the free
Service of a third Partof one Penny per Annum for all Service, whereof C. un-
jufly deforceth her, &c.
And affo a Feme may have a Writ of Right of Dower of the Moiety, ac- H
cording to the Ufage of Gavelkind, where the hath received Part, and is de-
forced of Part. And it alfo appeareth by the Regifter, that the Feme fhall I
have a Writ of Right of Dower direded unto the Heir himfelf, where he him-
felf deforceth her of the Profits of an Office; and the Writ is fuch:
The King to A. greeting: We command you, that you do full Right to A. and R. K
his Wife, of the third Part (b) of the Ifues arifingfrom the Keeping of the Gaol
of Weftminfber-Abby, and of the third Part of three Roods of Land, one Rood
of Meadow, and of the Rent of Jo many Loaves, and of fo many Flaggons or of
fo many Firkins of Ale by the Day, or by the Week, or by the Tear, with the Ap-
purtenances in the City of Wefkminfier, which they claim to belong to their free
Tenement, which they hold of you for the Dower of the faid R. in the faid City,
and to hold of you by the free Service of finding for you one third Part of a Keeper
for the Keeping of the Gaol aforefaid, and of the Gate of the faid Abby, for all
Service, whereof you yourfelf unjuflly deforce them, &c.

(a) See accordant herewith Yan. Rep. 381. &c. 12 Ed. g. F. Dwr 90. A Demand,
i Cro. 445. And in fuch Cafe the Writ men- of the third Par of the Profits of the Office of a
tions their Eflates. W. B. Bailifi, Parker, &c. without demanding a third
(b) See 1 5 Ed. 3. F. Dower 8 1. Dower de- Part of the Office itfeif; which cannot be, be-
manded of the Profits arifing from a Fair. See cauf the Office is intire. zuere of the Office
js Ed. 3. F. Dower 85, Dower demanded of of Tentury, iid. See 45 Ed. 3. F. Dowir 50
the Moiety of a Stallage arifing from a Fair, and where a Fene was endowed of the third Part of
held good, without faying a Moiety of the Pro. Balf the ProfitsakrIc
of a Mill, ihu
and had
eadn(thereby) hrthe
fits of the Stallage; for the Stallage is the Profits. Freehold of the third Part of the Mill veiled in
See the Book of Entries 234. Of the third Part her. See zs Ed. 3. 57. Dower of the third
of 'e Ifues and Profts of a certain Market every Part of the Office of the Marflmlfca.
Tuefday, aotd Fair eiverry ear FeaPh hoa of he And
 Writ of Right de rationabili Parte. I9
A And by this it appeareth, that a Feme fhall have a Writ of Right of Dower [ 9* I
of that Thing which is appendant or appurtenant unto the Land which fhe vide afra L
holdeth in Dower, &c. if the be deforced thereof. accord'.

Writ of Right de rationabili Parte.

B Writ of Right de rationabiliParte always lieth betwixt Privies in Blood,
. as betwixt Brothers in Gavelkind, or betwixt Sifvrts and other Coparce-
ners, as Ncphews and Nieces, and lieth for Lands in Fee-finiple: As if the
Anceftor leafe his Lands for Term of Life, and dieth, and hath Iffue two
Daughters, and afterwards the Tenant for Life dieth, and one Daughter en-
treth into the whole Land, and deforceth her Sifter of the Land; her Sifter
ihall have this Writ of Right de rationabili Parte: And fo if the Anceftor
was diffeifed of Lands, and dieth, and one Sifter entrath into the Land, and
deforc th her Sifter thereof; the Sifter who is deforced fhall have this Writ
againft her other Sifter. And fo two or three may fue this Writ againft the
C fourth Sifter, or the Aunt, and the Niece may fue this Writ againft that Sifter
which deforceth her of her Part, &c. And this Writ lieth as well upon a
dying feifed of the Anceftor, if one Sifter enter upon all, and deforce the
E other Sifters, as where the Anceftor doth not die feifed: And the Writ is a
F Writ of Right Patent, and fhall be direfted to the Lord of whom the Lands
G are holden, as other Writs of Right Patent fhall be, and fhall be removed by
Tolt and other Writs, as the Common Writ of Right fhall be. But Grand
Affife, nor Battail, thall not be joined in this Writ, for the Privity of the Nat. Brev.
Blood that is betwixt them. Neither fhall this Writ be fued againft a Stranger, "
and if it be it fhall abate. And if the Anceffor die feifed, and one Sifter en-
treth into all the Land, and deforceth her Sifters, the others may fue this
Writ of Right de rationabili Pa-te, or a Wlrit of ATuper obiit, at their Elec-
tion. And fo it is for Lands in Gavelkind; if one Brother entreth into all
the Lands, and deforceth his Brethren, they may fie this Writ of Right de
rationabili Parte, or a Nuper obit, if the Ancecor lie feifed : But if th"
Anceftor doth not die feifed, then they ought to fue this Writ de regl ratio-
.abili
Parte. But againft a Stranger it behoveth to fue Aff de Moridanceffe Ne. B.
upon re Death of their Anceffor, or other Writ (as their Cafe (hall require) of i19-
tie Seifin of their Anceftor. And the Form of the Writ of Right de ratio-
nalili Parte is fuch:
H The King to A. B. greeting: We com;cmand yce, ihat witihout Dlay yo do falI
R ght to W. F. of ten Acres of Land with the Apprtencaces in B. whic fs.
dlaims to be her reafo';ab!e P.rt, which belc; s .o her cfte fweT n whih
w'es J.'s, her Father's or Mother's, Uncle's or ut, or Cu'j2:', f.;.
thefi
Fill, anid to hold of you by the free Service of th third Part or Ie f"!-1 Part
of one ten:' per Annum for all S;evice, whereof B. cad S. u;jzfl; force her.
And by the Regiftr, in this Writ, a Man -ay fee what Rent and S r-, ice"
all the Land which is partible betwixt the Sifrers fhall yield and pay unto tbe
chief Lord, and accordingly put every one of the Heirs to her Part. So i'
there be one Demandant and two Deforceants, then thus ATr clla'Ip to
ich }he
D 2 bold
 10 Writ of Right de rationabili Parte.
bold of you by the free Service of the third Part of fo much per Annum. And
if there be two Demandants and two Deforceants, then thus: Which jhe claims
to hold of you by the free Service of a Moiety; or, of two Parts of fo much per
Annum for all Service. And if the Land be holden by 4d. per Annum and
Fealty, and there are two Demandants and two Deforceants, then the Writ
may be: Which Jhe claims to hold of you by the free Service of two Pence per
Annum for all Service, &c.
And if there be two Sifters, and after the Death of the Anceftor they enter r
and occupy in common as Coparceners, and one of them deforce the other
V. fup. A. Sifter to occupy that which is * appendant or appurtenant to the Tenement
accord'. which they have in Coparcenary; then he who is deforced fhall have a Writ
of Right de rationabiliParte againft her Sifter, of that which is fo appendant
or appurtenant, and the Writ for that fhall be fuch: WhichJhe claims to belong
to her Freehold which /he holds of you in the fame Vill, and ought to hold of you
by the free Service of fo much for all Service, which W. &c. And in this Writ K
he fhall make his Demand of a certain Portion of Land, as to fo much as his
Plea doth amount unto, to hold in Severalty; as if the Anceftor die feifed of
twenty Acres, and hath two Daughters, and one entreth into the Whole, and
deforceth her Sifter; the other Sifter fhall demand by her Writ ten Acres of
the twenty Acres, becaufe that fuch is her Part; and by this Writ if fhe re- L
Judgment. cover, fhe fhall have Judgment to recover ten Acres, to hold in Severalty, as
her Part doth amount unto (a).
And this Writ of Right de rationabiliParte ought to be brought againft all IVt
the Coparceners that hold the Land, &c. and by all thofe that are deforced of
the Land, as it appeareth by Britton: And Voucher and View do not lie in N
this Writ, becaufe of the Privity of Blood; but in a rationabiliParte the
View was granted H. 15 H. 5. becaufe that the Anceftor did not die feifed,
&c. And Non-tenure is no Plea in this Writ by Britton, &c. And the Pro- 0
cefs in this Writ, after it is removed into the Common Pleas, is Summons,
Grand Cape and Petit Cape; and in the Lord's Court the Manner is to make
Procefs in the Nature of Grand Cape and Petit Cape, &c.
And the Heir of one Coparcener may fue this Writ of Right de rationabili P'
Parte of the Seifin of the common Anceftor, which was of the Seifin of his
o. ] Anceftor in the Time of King R. i. or H. 3. or of the Seifin in the Time of
King 7ohn, or other Kings after that Time, if he can prove it. As a Man
fhall have a Writ of Right Patent of the (b) Seifin of his Anceftors in fuch A
Times, &c. But if one Coparcener claim the Land by a Feoffment made-
Com. 306. unto her by her Anceftor in Fee; now if the other Coparcener deforce her of
noBattaillieth the Lands, fhe may have a Writ of Right Patent againft her Sifter for the-
betwixt them.

(a) Vid. accordant Ia Ed. 3. Judgment 16z. the Demandant fhall recover and- hold in Sev&
7/7 10. 7 Ed. 3. 49, &c. cited in the Margin raly. 3 Ed. 3.48. 4 H- 7. 10. 30 Ed.z. Nu-
of Co. Lit. 167 . b. That if two Coparceners be, terobi: IS. 2i R. 2. NuperObiii 22.
and one diffelfe the other, and the Diffeifee re- (b) And in that Cafe if the Demandant be
covers in Aflife, &c. the [hall have Judgment to within Age, the Parol tball demur; contra, if
hold her Moiety in Severalty; fo if one Coparce- there be no Mefne Deicent of the Right. 7 H;
ter recovers againit the other in a Naper oblit, or 4. 20.
tauiwnaiiti Pathe, the judgment be, that dmall
Land
2
 Writ of Ne injufle vexes., 2
Land, and thall join the Mife by Grand Affife, or by Battai*l becaufe fhe doth
not there claim the Land as Heir to her Anceftor, as it feemeth: 9amen
quaere.
B And if a Man hath Iffue two Daughters, and dieth feifed of Lands in Tail,
and one Daughter entreth into the Whole, and deforceth her Sifter , there the
Sifter may have a ormedon againft the other Sifter, and not a Nuper oblit,
nor this Writ of Right de rationabiliParte; for this Writ lieth properly for
the Lands in Fee-fimple-

Writ of Ne injuffe vexes. Vid M og.

C T TRI T of Ne injufte vexes lieth in Cafe where Lord and Tenant are, and C.4. Part r.
t
VVthe Tenant hath holden of the Lord and his Anceftors by Fealty and Besire Care,,
twenty Shillings Rent yearly, and of late Time the Lord hath gotten (a) Sei- infra G.
fin of greater and more Rent of the Tenant, by Payment of the Tenant of
his ownAgreement without Coertion of Diftrefs: Now if the Lord will di-
ftrain the Tenant for this Surplufage of Rent, the Tenant cannot avoid the
Lord in an Avowry, for the Seifin which the Lord hath had by the Pay-
ment of the Tenant of this Rent of his own Agreement. But the Tenant
D may fue this Writ of Ne injuil vexes direaed unto the Lord; which Writ is
in itfelf a Prohibition unto the Lord, that he do not diftrain his Tenant to do
other Services than of Right he ought to do. And this Writ in its Nature is
a Writ of Right, and thall be Patent; and this Claufe, And unlefs you will do
this, the Sherif, &c. Ihall be put into the Writ. And the Procefs in this
Writ is, Prohibition,,Attachment and Defrefs againft the Lord, commanding
E him that he thall not diftrain, &c. And this Writ is founded upon the Sta-
tute of Magna Charta, cap. xo. which willeth, !thatno Man be difrained to do
greater Service for a Knight's Fee, nor for any other Freehold,, than is therefore
due. And the Form of the Writ is fuch:
F (b) The King to A. greeting: We command you, that you unjufly vex not; or
permit to be vexed, B. concerning his free flenement which he holds of you in J.
nor therefore require or permit to be required of him Cufjoms or Services which he
oweth not, nor is afed to do for the fame ; and unlefs you will do this, the Sheriff
of Lincoln fhall caufe the fame to be done, that we may hear no more Clamour
thereupon for want of Right.
And this Writ is always Anceftrel, viz. where the Tenant and his Ance-
flors have holden of the Lord and his Anceftors by Fealty and twenty Shil-
lings Rent, or other Rent and Service ; and of later Time the Lord hath
incroached divers others Services or Rents,, by Payment of the Tenant, or

(a) But if the Lord recover more on an Aaion which he had releafed, but the Deed thereof not
tried, the Tenant thall not have a No ijujle produced in Evidence; or where the Aife was
wvixes; per Knivet: Reare. S9 Ed. g. r8. and taken on the Seifin and Diehifin. 7 H. 5. 7.a.
fee accordant 38 Ed. 3. F. Droii 3z. And by (b) This Writ lies not againift the Lord where
Green, the Tenant thall have a N injafle vexes, a Recovery in an Aaion is had by him. 38 Ed. 3.
although the Lord -recovers the Rent by Allife,, F. Droit 3.Z.
doing
 21. Writ of Ne injufte vexes.
But otherwire doing of other Services which he ought not to do unto the Lord ; then the
in Affife of Tenant may fue this Writ: For by Incroachment of Rent by the Lord by
Rent, or in a
Writ of Re- Payment of the Tenant, the Tenant fhall not avoid the fame in an Avowry
fcous or cepfa. by the Lord for that Rent which is fo incroached. But if the Lord do in- H
aVit for the croach other Services which the Tenant of Right ought not to do unto him,
Tenure is tra- as Homage or Efcuage ; then the Tenant may avoid this Incroachment in
verfable in the
thefe Wris. Avowry by the Lord for thefe Services, becaufe the Tenafit may traverfe
12 Ed. 4. 7. Manner of the Tenure in that Cafe; as to fay, that he, holdeth of the Lord
2 z Afr. 68. by Fealty and twenty Shillings Rent only, without that he holdeth by Ho-
Thorpe. mage, Fealty and Rent, in the Manner and Form as the Avowry Avwr is made:
V.26H 8.S 6
7 Ed- 4.' 28. Or the Tenant may fue this Writ of Ne injufe vexes
in that Cafe if he' will.
,6 Ed. 4. 1. And if the Lord do difirain to do other Services after the Prohibition deli-
2o Ed. 4. 17. vered unto him, or to pay more Rent than of Right he ought to pay,
io H.7.x. then the Tenant fhall have an Attachment againft the Lord returnable in
26 H.8. 6. the Common Pleas, or in the King's Bench. And when the Lord cometh
Corn, 45. & upon the Attachment,, then the Tenant, thall count againft him in this
Manner.
oe Count. B. Iheweth unto you, That whereas he, holdeth of the aforefaid A. &c. as
of his Manor of C. twenty Acres of Land with the Appurtenances in W. by
Homage, Fealty, and by the Service of the twentieth Part of a Knight's Fee,
and by the Services to render to the faid A. Half a Pound of Pepper yearly
at the Feaft of All-Saints, for all Manner of Services j yet the aforefaid .
over the Services aforefaid, vexeth the faid B. and fuffereth him to be vexed,
and of him demandeth and diftraineth, and fuffereth him to be diftrained for
nine Shillings per Annum of Rent, for which he is damnified unto his Damage
of twenty Pounds. And fo note, that he fhail declare of Damages in this
The Defen- Writ; and then upon this Count, the Lord who is Defendant thall make his
dant Afor. Defence, and fhall defend the Wrong and Force, &c. and thall count againft
the Plaintiff, and fhall fay, that he doth not tortioufly demand the faid Rent
of nine Shillings over the other Services, -&c. for he fhall fay, that the faid
B. holdeth the faid twenty Acres of Land, &c. of him by the faid Rent and
Services, &c. and that he the faid A. was feifed -s well of the faid Rents of
nine Shillings, as of all the other Services aforefaid, by the Hands of the
aforefaid B. as by the Hand of his very Tenant for the faid twenty Acres of
Lands with the Appurtenances, as of Fee and of Right in Time of Peace,
i i. ] viz. in the Time of King Edward, late King of England, &c. in taking of
the Efplees, viz. Rents, &c. And that fuch is his Right,. he is ready to make
good by his Body, &c.
And thereupon he who is Plaintiff in the Ne injufle vexes fhall defend this A
Count, and thereof thall put himfelf upon the Grand AfLife, and fo the Mife
fhall be joined betwixt them in this Writ, which is at firdt but a Prohibi-
tion, &r. And Judgment final fhall be given upon this Writ after the Mife B
joined, if it pafs againft any of the Parties; or if any of them be Nonfuit,
or make Default after the Mife joined. And fee the Form of the Count and
of the Defence in this Writ, in the Book of Entries of Pleas, f. 9o, on the
BrT Page.
And
 Writ de Rc&o Claufo. 23
C Ad it appeareth M. 08 Ed. 2. thdt the (a) Feoffee fball not avoid ! Hin of 14 . Pc
Rent had by Incroachment of his Fcohlr, nur (hall he havc a Wit of Nlc 7 by !8rnitig,
jufte vexcs; nor a Man (hall not have a Vr-t of Ne ijuflc vexes 2 5 unit tih sn H. .
Grantee of the Seiniory, as .ppearethp. io E. CA,
D And Tri+n. 2o Ed 3. it appereth that Tumnnt in T.il thall not have Nc ini- 1,nf
ifce vexes, &c. but lie fhi plead *, and flew the MAtter, al 1i il not bc * e 2F
Jltopped by the Payment an,' Scian had by the Elands of his lince2ors ; Lut F
by a S.ilin had by his own Hands h ihill be bound during his Time in 131-
Avowry, as it feemeth. B2ut after the PMife joined in a Writ of Ne i; ;ie
E vwxes fled, if the Parties imparl until another Tcrm and Day, and ater at
this Term at the Day the Lord, wvho is the Defendant in the ive hfue ve.rs,
make Dcfault, now what Procefs fhiall be awarded thereupon, or if Judgmern
fhall be given upon this De fault without any Procefs, quare. And fo if the
Plaintiff at another Term after the Mife joined, and Day given, &c. imaIk
Default, it feemeth he fhall be Nonfuit, &c. See fol. 5. D.

See ranl.
Writ de Redo Claufo. 209, Z.C,

F T7RIT of Droit Clofe is a Writ which is dire&ed unto the Lord of An-
VV cient Demefne, which lieth for thofe Tenants within Ancient Demefle,
who held their Lands and Tenements by Charter in Fee-fimple, or in Fe -tail,
or for Life, or in Dower; if any of them be oufted of his Lands or Tene-
ments, or diffeifed, &c. he or his Heir may fue this Writ of Droit Clofe di-
re&ed unto the Lord of Ancient Demefne, commanding him to do Right,
&c. in his Court; and the Form of the Writ is fuch:
G Henry by the Grace, &c. (b) to his Bailiffs of J. greeting: We command you,
that without Delay, and according to the Cuflom of our Manor of J. you do full
Right to A. of one Mefuage with the Appurtenances in J. whereof B. unjufly
deforceth him, that we may hear no more Clamour thereupon for want of Right.
Witnefs, &c. And another Wric thus:
Tihe King to his Bailiffs of the Caffle of Bamburgh, greeting: We command,
&c. that, &c. according to the Cuffoz of the Manor of the Cafile of Bamburgh,
you do full Right of two Parts of the Frybery of the Water of J. in Bamburgh,
H whereof B. deforceth him, &c. And the Order of putting the Parcels of
Houfes, Lands, Meadows and Pafture, &c. thall be obferved and ufed, as
I thall be done in a Writ of Right Patent. And this Writ may be fued of
Common of Pafture, and for flopping of a Way, and fuch like. And the
Writ for the Common is fuch:

(a) See accordant 33 Ed. 3. F. Avovvry zg5. Jlicb. 17, IS Eliz. Rot. 1381. See Benl N.
or rather 225. And therefore on Special Matter 754.
fhewn he may traverfe, That he takes by the Note alfo; Although the Precept he qued ve-
Feoffinent, and the Tenant by whole Hands the nire faciat 12, &c. yet on the Proteltation to
56ifin was, thall not avoid this on the Avowry. fze in Form (or Nature) of an Affife, the Re-
.8 Ed. 3. F. A 217. turn of 12 i good, and fo it feems Of2 4 . Hill.
(b) Note; Though the Writ is diretted to 19 Eli-- 3. HaYfe''s Cafe, & 44, dubrabal3
hi Bailir, yet thf Suitors are the Juyo. Ca P o T
~The
 24 Writ de Redo Claufo.
The King, &c. We command you that you do fu! Right, &c. of Common of K
Pafure in T. which belongeth to one Meftuage and ten Acres of Land, which he
holds in the fame Vill according to the Cufom of the Manor aforefaid, whereof
B. C. and D. ujufly deforce him. And for flopping of a Way the Writ is fuch:
The King to the Bailiffs of the Bi/op of Litchfield and Coventry of the Ma- L
nor of C. greeting: R. hath complained to us, that W. unjufly and without
Judgment hath obflruPfled a certain Way in D. which is within the Precina of
the fame Manor, to the Nufance of one MeJfuage which the faid R. holds accord-
ing to the Cuflom of the Manor aforefaid in the fame Vill: And therefore we com-
niandyou, that having called before you the Parties aforefaid, and having heard
their Reafons, from hence thereuponyou (a) caufe to be done to the faid R. due and
Jpeedy Fullnefs of Juftice in the Premies, as hath been ufed to be done according
to the Cufjom of the Manor aforefaid.
And note, that the Demefne Lands of a Manor, and the Manor itfelf, which M
is called Ancient Dermefne, is pleadable at the Common Law; as a Man ought
to fue his A&ion for the Manor, and for the Lands, which are Parcel of the
Manor, at the Common Law and in the Common Pleas. But if a Man will
fue for the Lands which are holden of the Manor, which are in the Hands of
a (b) free Tenant who holdeth of the Manor, for thefe Lands he ought to fue
this Writ of Droit Clofe, direded unto the Lord of the Manor, and there he
fhall make his Proteftation to fue in that Court the fame Writ, in the Na-
ture of what Writ he will declare. And the Form of Entry when fuch Writ
is brought in Court, is fuch:
At this Court cometh R. N. by Nicholas B. his Attorney (by the Letters Patent N
of the faid R.) and hath delivered to the aforefaid Bailifs a certain Clofe Writ
of the Lord the now King, direded to the fame Bailifs, to be executed in Form
of Law according to the Cufjom of the Manor aforefaid, the Tenor whereof fol-
loweth in thefe Words:
Henry, &c. to the Bailifs of . of S. greeting: We command you, thatjufly
and without Delay, and according to the Cuflom of the Manor of G. of S. you do
full Right to Robert N. of two Mefjuages, &c. in W. and H. of which P. and
C. unjufily deforce him, that we may hear no more Clamour thereupon for want of
Right, &c. And upon this the aforefaid Robert N. finds Pledges of profecuting
his Writ aforefaid, to wit, T. and W. and protefteth to profecute that Writ in the
1 12. ] fame Court in Form and Nature of a Writ of iife of Novel Djfeifin at the Com-
mon Law, according to the Cuflom of the Manor aforefaid, faying, That the afore-
Jaid P. and C. unjufly and without judgment have difeifed him of his free Tene-
ment in W. and H. to wit, of the Tenements aforefaid with the Appurtenances,
after the firft, &c. And he thereupon prayeth Procefs to be made according to the
aforefaid Cufom of the fame Manor, &c. Therefore according to the Cuffom of
the fame Manor T. H. the Under-Bailifof the Manor and Minpler of this Court,
is commanded, that he caufe thofe Tenements to be refeifed of the Chattels which
were taken therein, and the fame Tenements with the Appurtenances to be in Peace

(a) But Note; Some Afions which are fuable (b) And Note; Lands that are Frank-fee may
there (i. e. in the Manor Court) only, are fuable be held of a Manor that is Ancient Demefne. See
by way of Plaint, as Replevin, Account againft i i H. 4. 86. per Cur'. Yet if Frank fee be re-
a Guardian in Socage; and fo it feems of a Writ covered in a Court of Ancient Denefne, it is a
of Me/ne. See zi Ed. 3. to. Difleifin. 3 o Ed. 3. .4 3. 4 II. 6. 79.
until
 Writ de Redo ClauCb. 2s
irntil at the next Court to be held before the aforefaid Baihffs and Suitors of the
fame Court, to wit, on Thurfday next coming, here, to wit, at S. and in the mean
tine that he cauefe twelve free and lawful Men of the Neighbourhoodof W. and HI.
aforefaid, within the PrecinBt of the Manor aforefaid, to view the Tenements afore-
faid, and to caufe their Names to be put in the Writ, and that he fummon them by
good Summoners, that they be then here, to wit, at S. ready to make Cognizance
theteupon ; and that he put by Gages and fafe Pledges, th aforefaid P. T. his
Baihif, if he fhall not be found that he be then. here at S. to hear that Cogni-
2ance, &c. And that he then have there the Names of the Pledges, the Sum-
moners, and the faid Precept to him thereupon diredled. And the fame Day is
given to the aforefaid R. N. &c.
See all this Form to make Proteftation in the Book of Entries of Pleas,
Fol. 1 15. And then at the Day of the Precept and Procefs returned, the
Defendant ought to appear and plead in Bar, or unto the Writ,. or other
Matter, in -fuch Form as fhall be in an Aflife at the Common Law. And if
the Proteftation be made in the Nature of another Writ, then the Precept
fhall be according unto the Nature of the Procefs which is given in fuch Writ ;
and the Tenant when he cometh in ihall plead as he fhall do in fuch Writ fued
againft him at the Common Law, for the Nature of the Proteftation doth alter
and change the Manner of Pleading for the Tenant.
A And if falfe Judgment be given in this Writ, the Party Tenant or Deman- Poft. iS.
dant may fue a Writ of falfe Judgment thereupon.
B But he who holdeth Land in Ancient Demefae by Copy of Court-Roll, at
the Will of the Lord, who is called Tenant by bafe Tenure, if he be oufted
of his Lands or Teneptents there in Ancient Demefne,. he fhall not have this
Writ of Droit Clofe, but he ought to (a) fue by Bill in the Court of the Lord
of the Manor, and fhall make Proteftation to fue there in the Nature of what
Writ he will. But if falfe Judgmcnt be given againft him in that Court, he
fhall not have a Writ of falfe Judgment thereupon at the Common Law, nor Lit. 6. ace'.
other Remedy; but to fue unto the Lord by way of Petition, as it appeareth 14 H- 4- 34.
in i4H 4. For thofe who hold their Lands in bafe Tenure in Ancient De- 7 Ed.. 4a g.
mefne, or by the Rod, hold them in Villenage, and they fhall not have fuch
Writ of .Droit Clofe,. nor a Writ of (b) falfe Judgment, &c. See the Statute
of i R. 2. cap. 6. of that Matter..
C And this Werm; which is now at this Day calledCopy-tenants, or Copy- Note, Copy-
holders, or Tenants by Copy, is but a new found Term, for of ancient hold Tenant.
Times they were called Tenants in Villenage, or of bafe Tenure; and that
appeareth by the ancient Tenures, that thofe who held by the Rod,. or in bafe
Tenure, or by Copy of Court-Roll, were then called and named Tenants
that held in the Villenage: For Tenants by Copy of Court-Roll are not fpe-

(a) See 14 ff. 4, 34. i H. S. xz, at.Brev. nor aflign this for Errors for then he thould be
6 relfored to a Freehold which he never loft, but
(b) And Nes; 4 H. 4. 34. it was adjudged, always continued in the Lord. But it feems the
That if one recover againft Tenant by the Verge Recovery ip void, and may be avoided by Plea.
in Ancient Demefnc by Writ of Right Clofe, the I H. 5. I2. And fo it is, tho' they are Lands
Tenant ]hall not have a Writ of falfe Judgment, at Common Law. 18 H. 6. aS.

E cified
 26 Writ de Redo Claufo.
cified, nor named by fuch Name ; but yet at that Time there were fuch
Tenants, but then they were called Tenants in Villenage, or of bafe Te-
nure.
And when the Writ of Droit Clofe cometh unto the Lord, or unto his Bai- D
liffs, the Lord ought for to hold his Court, and to proceed thereupon accord-
ing to Law, &c. And if the Lord will not hold his Court, then the De-
mandant may fue a Writ out of the Chancery dire&ed unto the Lord, com-
manding him to hold his Court, &c. And if he will not hold it, then the
Demandant may fee an Attachment againft the Lord direaed unto the Sheriff,
returnable in the Common Pleas or King's Bench, and thereupon the Deman-
dant fhall recover his Damages.
And if the Writ of Droit Clofe be dire&ed unto the Bailiffs, &c. and they
will not hold the Court, then he may fue fuch a Writ unto the Bailiffs, com-
manding them to hold their Court; and if they will not fo do, he may fue
an Attachment againft them direded unto the Sheriff, returnable as afore-
faid, &c.
(a) And if the Lord himfelf ouft his Tenant of Lands which are holden E
of the Manor by Charter in Fee, the Tenant who is oufted fhall have this
Writ of Droit Clofe dire&ed unto the Lord himfelf, if he will, &c. Or in
this Cafe he may have an Aflife, or other Writ at the Common Law againft
the Lord of thofe Lands. But it appeareth by a Rule in the Regifter, that
if the Demandant be defeated of Juftice in the Lord's Court, that then the
Demandant may fue a Writ direaed unto the Sheriff, commanding the She-
riff that he go unto the Court in Ancient Demefne, and that he take with
him four difcreet Knights in their proper Perfons, to fee that Right be done
unto the Party demandant in this Writ; and if the Sheriff refufe fo to do,
he may have an Alias and Pluries, and Attachment againft the Sheriff in the
Common Pleas or King's Bench. But it feemeth, that this Writ which thall
be fo fued dire&ed unto the Sheriff, that he fee Right done to the Deman-
dant, is of little Effed ; for by Virtue of this Writ he cannot compel the
( 13 1 Lord to do Right unto the Demandant, as it feemeth; tamen qudre: For if
he cannot caufe the Lord to do Right unto the Demandant in a Writ of Droit
Clofe, then it thall be in vain to fue fuch Writ dire&ed unto the Sheriff, to
go unto the Lord's Court, and to fee that Right be there done. And the
Demandant may fue fuch Writ direded unto the Bailiffs, or unto the Lord
hgnfelf, commanding them that they do him Right, &c. and that they do not
delay the Matter, &c. And thereupon an Alias, a Pluries, and Attachment,
if need be.

ja) See a Ed. 3. 26. Affife brought by the and. two others, and the Lord dirclaims, &r.
Tenant againft the Lord and another, and the And fee there, there is the fame Eleetion of the
other takes on him the Tenancy, and the Lord Tenant, where he brings his Adion, or the Lord
would have pleaded Ancient Demefne, and be- diffeies him.
cade he was named only as a Diffeifor, he could Zuare, If the Tenant recovers againil the
not. See 41 Ed. 3. 22. A Pracipe brought by Lord at Common Law, if ever the Lands can
a Tenant agaift the Lord in Ancien! Demefne, be Ancient Demefae again.

And
 Writ de Re&o Claufo, . 2.7
A And if a Plea be removed in the County, the Demandant may fue fuch
Writ dire&ed unto the Sheriff, that he proceed in the Plea, unto Judgment,
and to do Right; and upon that he fhall have an Alias, a Pluries, and Attach-
ment, againft the Sheriff, if he will not do accordingly.
B And note, That the Demandant in a Writ of Droit Clofe cannot (a) remove 34 H. 6. 3
the Plea out of the Lord's Court for no Caufe, &c. nor the Tenant remove the 6 H. 4..
Plea out of the Ancient Demefne, if not for Caufes which prove the Land to!' a Ed. 3. 24*
be Frank-fee, and not Ancient Demefne; and the Form of the Writ of Re- i H- 7. 30.
cordare to remove the Plea out of Ancient Demefne is fach:
C (b) 'he King to the Sherif of Lincolnfhire, greeting: We command you, that
having taken with you four defereet and lawful Knights of your County, you go in
your proper Perfon to the Court B. of C. and in the full Court you caufe to be re-
corded the Plaint, which is in the fame Court by our little Writ of Right, be-
tween, &c. of one Mefuage with the Appurtenances in J. and have you that
Record before our 7uflices, &c. and to the Parties, &c. And have you there the
Names of the aforefaidfour Men, and this Writ and the other Writ, &c. Be-
caufe the aforefaid A. in pleading in the Court aforefaid, hath produced the Char-
ter of Lord Henry formerly King of England, our Progenitorand Great Grand-
father, by which our faid Great Grandfather enfeofed W. the Fatherof the afore-

(a) See accordant, per Cur', 34 H,6.35. Sed brought'the Recordare, and a Feme Plaintiff was
ontra, 2 Ed. 3. 29. But ibid. 35, feems to received in a Recordare.
agree. See alfo 3 H. 4* r4. Where he is but If the Tenant who briigs a Recordars makes
Bailiff, he may maintain the Plea, or if he be Default, the Plea thall be remanded, and there-
Party, the Parol thall be remanded; yete if the fore in a Writ of Right againit divers by feve-
Bailiff be Confin and Heir to the Plaintif, it is ral Summons, if they join in a Recordare, and
good Caufe of Removal; yet fee 6 H*4.' 1. the Record is removed, and one of them is non-
That he was Bailiff of the Robes to the Plain- fuited, it extends to all. 2 Ed. 3. 29. 1o Ed.
tiff was held no Caufe of Removal, per Cur'; 3- 59. But this is doubted. 18 H. 6. 28. wide
and therefore remanded; and if the Court does Kel. i 15.
not do Right, he is put to his Writ of falfe If the Record be not fully fent, although at
Judgment. I2 H- 4. 17. 13 H. 4. 14. Nor the Day prefixed, the Tenant makes Default,
is it Cafe of Removal, that the Procefs there or the Demandant, this makes no Matter, as
was mifawarded. 9 H. 6. z5. Nor when the it feems. But if the Record be fully feat, if
Bailif is Demandant. ii H. 6. 1o. Per Cur'. at the Day the Tenant makes Default, the Re-
(b) Note; On a Recordare from a Court of cord thall be remanded, and if the Demandant
Ancient Demefne, if the Record be made' up makes Default, the Writ of Right thall abate.
and removed, but the Caufe of Removal ap- See r7 Ed. 3 *44. 27 Ed- 3* 77. i8Ed. 3. 3.
pears to the Court to be infaiflicient, the Tenant If at the Day no Record be made, nor the
Thall not be effoined, 34 H. 6. S5. per Cur' Original fent, although the Demandant makes
but if the Caufe be fuflicient, the Tenant may Defult, he fhall not be.nonfuited, but a grand
be effoined. 14 Ed. 3. EjiiU 1o. 19 Ed 3. Diftrefs thall go againit the Bailif, to deliver
Efoi 23. 2S Ed. 3. Efois 183. But fome the Writ, and againit the Suitors, to make the
held the contrary. For if the Caufe be true, Record, but the Non-appearance of the Deman-
the Writ thall abate, if not true, it Thall be dant Ihall be recorded. 27 Ed. 3. 77. If the
remanded. 8 Ed. 3. 7. And it was faid, if Record be made, but the Original is not fent
the Tenant be elfbined on his Writ of falfe (or returned) if the Demandant makes Default,
Judgment, [Recprdare] and the Demandant ad- it thall be adjudged a Nonfuit, if an Original be
smits it, the whole Matter in the Lord's ,Court neceffary. 8 Ed. 3. 7. 1o Ed. 3. 59. quednota.
is difeontinued. 2 Ed- 3. 35. Yet fee in the 17 Ed 3. 44.,1 3 Ed, 3 .g. g9uedvide. IS Ed 3.
fame Folio an Efibin allowed for him who 3.
E 2 faid
 18 Writ de Re&o Claufo.
fall A. (whofe Heir he is) of the Mefiage aforefaid, as it is faid; wherefore
the fame A. Jays, that he neither can sor ought to anfwer without us: Let Exe-
cution of the Writ be done, if the Caufe be true - and the aforefaid A. prays
9 H. 6. 34. this, and otherwife not. There is another Caufe in the Regifter, thus : Becaufe
he claims to hold the T'enements aforefaid at the Common Law, &c. But then
in the Common Pleas, when the Record is re!
A Writ of Right Clofe is brought, and pen- moved, he ought there to fhew fome fpecial
dent the Writ the Tenant accepts a Fine Sur Matter to prove the Lands and Tenements to be
conufance de Droit come ceo que il ad, &c. yet the Frank-fee, and not Ancient Demefne, otherwife
Land remains Ancient Demefne, as to that Ac-
tion, becaufe he hath affirmed his Plaint before the Plea thall be fent back unto the Lord's Court:
the Fine; and fo it was holden, 1a H. 7. Rot. But to fhew a (a) Fine levied in the King's Court
103. of the fame Land; or a Recovery had in the
King's Court in a Pracipequod reddat, &c. is a good Caufe to prove the Lands
40 Ed. 3. 4. to be Frank-fee; and if he claim the Land by the Feoffment and the King's
50 Ed. 3. 24- Charter, or by the Feoffment of Charter of the Lord of the Manor; or if he
34 H. 6. 35. claim to hold them of the King, as of another Manor of the Honour, &c. and
6 H. 4. 1. not to hold them of the fame Manor; or if he
fay, That in an Aflife brought
before of the fame Lands or Tenements at the
t1 Ed. 3. Cafe de remover, Plea x6. If the Common Law againft another Tenant, that the
Caufe affigned may be tried in Ancient Demefne, Tenant faid that they were Ancient Demefne, and
it fihall not be removed, that they were Frank-fee, &c. whereupon it was
Regifler it. found by the Affife that they were Frank-fee, &c. And another Caufe ap-
Br. Remove peareth in the Regifter, becaufe that there are not any Suitors in the Lord's
de Plea 3 5. Court of Ancient Demnefoe to. do Right, &c. But quere if this be a fuficient
vid. en 17 Ed. ou
3. Caufe de Caufe or not. See 4 Inf#. 270.
remov. I.
Becaufe there were but ftx Suitors, and one Plaint. and the other Def. therefore removed: So four not fufficient.

If

(a) If a Fine on Render be levied ofAncient ide 29 Ed. 3. 36. at the Diringas Sedalorej,
Demefne, it feems that the Nature of the Land the Record was received by Attorny made by the
is changed without any Execution. +o Ed. 3. Suitors by Writ out of Chancery.
40. per 7borp and Thirn. So if a Judgment And Nots; Although the Fine be levied by a
rendered, &c. Vide 2 Ed. 4. 28. But i8 Ed. 2. Diffeifor, yet the Diffeifee, as it feems, ought
.dntient Demfne 37. If a Fine be levied Sur to fue at Common Law, but when he has reco-
aonufance de Droit, and Releafe, hereby there is vered the Tenements, they Ihall be Ancient De-
no Tranfmutation of the Polfeflion, nor is the mefne again, 3 Ed- 3- 33. and therefore if in
Tenancy altered as to the Lord, &c. (or any fach Cafe Judgment be given in the Court of
Stranger to the Fine.) 40 Ed. 3. 4. per Can- Ancient Demefne, and the Recoverer enters, in
dif, but Bei*n. co:.-a. I8 Ed. z. Anient De- Trfpafs brought againfit him for this Entry, he
me/ne 37. But as to the Parties themfelves, cannot juftify by Force of the Recovery there,
the Tenancy is changed by way of Eftoppel, for it was coram non Judice. 7. 7 H4. 3. ac-
per Wily; and fo it was adjudged. For if fuch cordant, where thefe Particulars are alfo agreed,
Conufor brings an Affife againft the Conufee, or Twz.
Vide poft. convero, no Exception of Ancient Demefne * iji. If A. recovers againit B. in a Writ of
2o. A. lies. 21 Ed- 3. 25. And therefore if the Lord, Right, in Nature of an Aflife in Ancient De-
be a Party, by fuch Fine the Tenancy is chan- mefne, where in Truth there is a Fine levied
ged, and alfo he Ihall never have a Writ of of the fame Tenements, and the Cattle of B.
Dikeit. So Ed. 3. x3. h. or 17. per Grees. are thereupon taken in Execution, he thall re-
I cover
 Writ de Re&o Claufo. 19
D If a Frank-tenant of Ancient Demefne, who holdeth his Tenements by Peft. z1..
Knights Service and in Fee, be oufted and diffeifed of his Lands or Tene- for 26 H. S.4.
Lands ina
ments, he fhall fue at the Common Law, and not in Ancient Demefne, for Gavelkind,
no Lands are Ancient Demefne, but Lands holden in Socage. fee 14. b.
E And a Man fhall have a Bill of Frejh Force within forty Days in the Lord's 26 H. 8. 1.4.
Court of Ancient Demefne, for the Lands after the Diffeifin, and without fuing 8. 7. TI.
any Writ thereupon; as a Man thall have Lands in a City or Borough And 3 H 6
there in that Cafe, if the Tenant hath any Matter to prove the Lands to be or 44 Ed.3. i.
Frank-fee, he fhall have a Recordare to remove the Plea out of Ancient De- 4 Init. 270.
mefne into the Common Pleas, &e. contra.
F And although the Plea in Ancient Demefne be there without Writ, &c.' B E. 3. 32.
if the Tenant remove the. Plea out of Ancient Demefne by a (a) Recordare, Demefne 18.
and for Caufe thewed in the Writ, if the Caufe be not good, the Tenant in or 3+H. 6.
the Common Pleas hall not hew any new Caufe to retain the Plea in the 3q.
Common Pleas: But if the Caufe in the Writ be, which he claims to hold at i H.7. 30.
the Common Law, then in the Common Pleas he may fiew what Caufe he thor m e
will to retain the Plea there ; which Caufe fhall prove the Tenements to be a Leafe for
Frank-fee. Life, that is a
G And in Ancient Demefne, if the Demandant and Tenant put themfelves good Caufe.
i H. 7. 30.
upon the (b) Grand Afflife, or the Tenant vouch a Foreigner, or plead a Fo- per a
reign Plea, which cannot be tried in the Lordfhip there ; then a Superfedeas
fliall be granted out of the Chancery, directed unto the Lord of Ancient De-
mefne, or his Bailiffs, if the Writ were direftable to the Bailiffs, that they
hould furceafe, &c. And the Party Defendant fhall fiie his Writ of War-
ranty of Charter againft the Vouchee, &c.

cover in a Replevin, becaure it was coram von the Commos Law, there may. thew- the Caufe
Judice; nay, ahbough the Manor was in the fpecially. 9 H. 6. 34, 35*
King's Hands at the Time of the Fine le- Yet fee where the Tenant removed the Plea,
vied. for that -he claimed by Prefcription to hold at
But, 24,, It is there admitted, that if Part Common Law, and yet in C. f. he was received
of the Tenements fo recovered be Ancient De- to wave this Caufe, and to thew a Confirmation
nerne, of which no Fine was levied, in fuch by the Lord. a Ed. 3. 3 2.
Cafe the Bailiff may juftify the Taking of the (b) The Plea Thall be removed to be tried,
Defendant's Cattle in Execution in any Place and afterward remanded to be adjudged, 14 H.
within the Manor, although that fuch Place was 4. 26. See 19 H. 6. 53. on a Foreign Voucher,
not Ancient Demefa. 7 H. 4. 28, 29. Yet Day was given to the Party himifelf in C. B. to
fee 8 Ed. 4. 6. If one recovers, in a Court of determine his Warranty, and there a Summons
Ancient Demefne, Lands, whereof Part are An- ad Warrantisand'iffued, and the Vouchee came
cient Demefne, and of the Refidue a Recovery and vouched over B. who entered into Warran-
had been before had in the King's Court. If the ty, and vouched over, 5 Ed. 6. Dyer 69. See
Party brings Debt for the Damages recovered, the Tenant in a Writ of Right Clofe fued in
he lhall be barred of the Whole, becaufe the Nature of a Writ of Right at Common Law,
Damages are to be given intire. and puts himfelf on the Grand Aiife; and
(a) Note; If the Caufe in the Recordare. be therefore the Plea was removed per Recordare ;
fpecial, as, For that he claims to hold of the In- but it was afterwards remanded by the Court,
fefmeant of J. S. Lord of the Manor, &c. there for by the Cultom they may ele& a Jury inltead
he cannot thew another Caufe. But if the Caufe of the Grand Aflife. Staford's Cafe, Dyer ii L.
be general, vin Aor that he claims to hold at See I RI 7. 29. cOXtta
And
 30 Writ de Re&o Claufb.
And if the Sheriff do remove the Record in Ancient Demefne by Recordare H
in the Common Pleas, and afterwards the Bailiffs
12 H. 7. Rot. 103. It is holden, that if they in the Court of Ancient Demefne proceed in the
proceed after the Record removed, and award Plea (notwithftandin$ the Removing of the Re-
Execution, that it is not void. 16 Ed 3. 3. cord) then the Tenant may fue a Certioraridi-
Procefs 167. The Party had Audita Querela reated unto the Juffices of the Common Pleas,
againft the Judges upon that Cafe: And 17 Ed 3.
ibid. i86. it was holden that the Sheriff fhall be to certify the Tenor of the Record into the Chan-
punithed for his Contempt. cery, and of this Removement ; and upon the
Certificate into the Chancery, the Tenant fhall
have an (a) Attachment againft the Bailiffs, who proceeded in the Plea direaed
unto the Sheriff, for to arreft them, returnable in the Common Pleas, to an-
fwer unto the King, and alfo unto the Tenant who fued forth the Recordare.
( 14. ] But in Ancient Demefne, if the Tenant vouch a Foreigner to Warranty, then
the Tenant ought to fue his Writ of Warr-antic Charte returnable in the Com-
mon Pleas againft the (b) Vouchee, and upon this Writ fued to purchafe a
Superfedeas dire6ted unto the Bailiffs of Ancient Denefne, commanding them
to furceafe until the Plea in the Warrantia Charte be determined in the
Common Pleas. And if the Bailiffs proceed after fuch Writ fued forth, and A
dire&ed unto them, the Tenant who fued the Writ may have an Attachment
of them dire-ted unto the Sheriff, &c. that he do attach them to anfwer in
the Common Pleas at a certain Day, &c. as well unto the King as unto the
Party, for the Contempt, &c. But if the Plea of Warrantia Chart be dif-
continued in the Common Pleas, then the Demandant in the Writ of Droit
Clofe may fue a Writ out of the Chancery dire&ed unto the Juftices of the
Common Pleas, to certify the King in the Chancery, if the Plea of Warran-
tia Charte be pendent or difcontinued, or not, fo that if it be difcontinued,
&c. or determined, he may fend unto the Bailiffs of Ancient Demefne, that
they proceed in the Plea.
Vide 13. D. And if the Tenant claim to hold the Lands of the Lord in Ancient De- B
29 R. z. An- mefne by Knights Service, &c. the fame is a good Caufe for to remove the
cient Denefne Plea, becaufe that Lands which are holden of the Manor, which thall be taken
41 Ancient Demefne, fhall not be' holden of the Lord by other Services than
Sokemans. Socage; for the Tenants in Ancient Demefne are called Sokem4ns, that is to
fay in Englfl, Tenants of the Plough.
And therefore if the Lord of a Manor in Ancient Demefne, before the C
Statute of 9uia Emptores terrarum, maketh a Feoffment in Fee of the Parcel
So Ed. 3. 6. of the Lands of the Manor, to hold of him by Knights Service, fuch Te-
per Sidenham, nant fhall not have a Monfraverunt, if he be diftrained for other Services than
etfr. u he of Right he ought to do, becaufe his Lands are not Ancient Demefne of the
cage Tenure. King, and yet they are holden of the Manor which is Ancient Demefne: But

(a) Where the Plaintiff thall have a fpecial and after the Warranty determined they thall
Ation on the Cafe, and recover Damages, and give Day to vouch by Prefixion in the Court of
yet the Proceedings be void, &c. See 14. Ed. 3. Ancient Demefne, and the fame Law for a Court
F. Asin far l Cafe 39 . Baron. See 3 5 Ed 3.Toawher 3 6.
1b) Ambaes. See 13 Ed. I. Touder 269.
t it
 Writ de Monftraverunt. 31
it is intended of fuch Tenures which thall do the Services of the Plough, viz.
to plough and till the Lord's Lands, to mow the Lord's Meadows, or other
fuch like Services as are for the maintaining of the King's Suftenance or Vic-
tuals, and his Subjeas ; and for fuch Services fuch Tenants have fuch Liber-
ties and Privileges in the Law, that they may the more quietly ufe their
Hufbandry, and do their Services.

Writ de Monrifraverunt.
I )-r HE Writ of Mon.fraverant lieth for the Tenants of (a) Ancient De-
.I
mefne who hold by free Charter, and not for thofe Tenants that hold
by Copy of Court Roll, or by the Rod, according to the Cuftom of the
Manor, at the Will of the Lord. And thefe Tenants ought to be Tenants
which hold of a Manor which was in the Hands of S. Edward the King and 49 Ed. 3. ;,.
Confeffor, or in the Hands of King William the Conqueror; which Manors
are called Ancient Demefne of the King, or the Ancient Demefne of the
Crown of England. And to thofe Tenants (who hold of fuch Manors) there
E are many and divers Liberties, Gifts aiid Grants by the Law; as to be (b)
quit of Toll, and Paffage, and fuch Impolitions which Men fhall demand
of them for the Goods or Chattels fold or bought
by them in Fairs or Markets; and to be quit of 19 H. 6. 66. per Newton, Teagnts in Ancient
Taxes and Tallages granted by Parliament , if Demefne tiani be quit of Tell of Things which
not, that the King lay a Tax upon Ancient De- they fell, which are arifing of their Lands, and
fo of all Things which they buy, which are
rnefne, as he may for fome great Caufe, when- for the Manurance of the Land; but peart if
foever it feemeth good unto him. And alfo they hall be quit for all Things bought and
Tenant in Ancient Demefne ought to be acquit- fold.
ted of the Payment of the Expences of the nide ,6s. They thall be quit of Suit to Leets
wiand Hundreds. 'Fidea El. Dgr 377* 'Re&ifl&r
Knights which came to Parliaments, and alfo 1s. Br. idest Demefi,,
44. 7 H. 6. 3.5
they (r) ought not to be impanelled or put upon MrIix. acc!.
Juries or Inquefts in the Country out of their
F Manor or Seigniory of Ancient Demefne, if they have not other Lands at
the Common Law, for which they ought to be, charged, &c. And if fuch
Tenants, or any of them who hold of the Manor of Ancient Dercefne,. be
diffrained to do unto their Lords other Services or Coftoms than they or their 4o Ed. 5. 44.
Anceffors have ufed to do, then they may fue this Writ of Monftraverunt wemare if they
dire~d commanding
direfed unto the Lord, uno th him that he do not diftrain them to Writhall have this
without
do other Services or Cuftoms than they have ufed to do: Or they rhay have being dilrain-
ed.

(a) And therefore a Tenant of a newly ap- pro Div#ison Cmkatniat . 19d Afens 4 9.Ed., 3.
prqved Waite, though it be aliened by the 22.
King, and to hold of the Manor by the Cu- (b) Acquitted from Amerciaments of the
Rom of the Manor, is (not) Ancient Demefue. County. Cla. Ia2 H, 3 . m. i i. See 3 2Ed. 3.
21 Ed. 3. 56. per Therp. See Hveden 460. Momfraveran 6. and Rot. Par. 6 Ed. 3. No. 3.
Willielmus fenior Anso io86. Totam AngI. do- (c) i. e. If they have not other Lands in
/cribi fecit. And fee lgalpbas 870. and 908. Frank-fe. 4" 8. i
this
 3z Writ de Monfiraverunt.
this Writ of Monfraverunt dire&ed unto the Sheriff; and that is where the
Writ of Monftraverunt is firft fent unto the Lord, and that he do not diftrain
his Tenants, &c. Or they, upon this Writ fued and direded unto the Lord,
may have and fue another Writ direded unto the Sheriff, rehearfing, That
where he hath fent his Writ unto the Lord of Ancient Demefne, that he fhould
not difirain his Tenants, &c. and if the Lord will not do it, and fuffer the
Tenants to be in Peace, that then the Sheriff thall do it, and caufe the Lord
to fuffer the Tenants to be in Peace, and that he do not diftrain them for other
Services than of Right they ought to do. And the Form of the Writ di-
refed unto the Lord is fuch: (a)
4o Ed. 3. The King to the Abbot of C. greeting: Your Men of the Manor of I. which is G
Thefe Words of the Ancient Demefne of the Crown of England, as it is faid, have jhewed
prove that unto vs, that you require of them other Cufloms and other Services than they ought
they may to do, and than their Anceftors, Tenants of the fame Manor, have been ace foomed
have thisWrit
before Di- to do in the Times wherein that Manor was in the Hands of our Progenitors,
ftrefs. formerly Kings of England, or in our Hand. And therefore we command you,
( 15. ] that you require not, or permit to be requiredfrom the aforefaid Men, other Cu-
fioms and other Services than they (b) ought to do, and than theirAnceftors aforefaid
have been (b) accufomed to do in the Times aforefaid. And unlefs you fhall do this
at our Command, we command A. our Sherif of Lincolnihire, to do it. Witnefs,
&c. And upon this Writ they may fue another Writ of Monftraverunt di- A
reded unto the Sheriff, which thall be in this Form: The King to the Sherif
of Lincolnfhire, &c. The Men of the Abbot of the Manor of I. which is of the
Ancient Demefne of the Crown of England, as it is faid, have fhewed unto us,
that the fame Abbot requires of them other Cuftoms and other Services than they
ought tp do, &c. (as above, until) in our Hand. Wherefore we commanded the
fame Abbot, that he Jhould not require, or permit to be required from the afore-
faid Men, other Cuftoms or other Services than they ought to do, and than their
Anceftors aforefaid have been accuftomed to do in the Times aforefaid. And there-
fore we command you, that unlefs the fame Abbot /hall do this our Command, that
you caufe it to be done, that we may hear no more Clamour thereupon for want of
7uftice, &c.
And it feemeth, that by this Writ dire&ed unto the Sheriff the Sheriff may B
charge the Lord, that he do not demand nor diftrain them for other Services
than they ought to do, and that the Sheriff may make Refiftence and Re-
fcous unto the Lord, if he diftrain the Tenants for other Services, &c. and
that the Sheriff may take the Power of the County to refift the Lord in fuch-

(a) See this Writ of Movftraversat founded See 3o Ed. i8. where it is argued, if the
on a Petition and Oidinance of Parliament. Lord in Ancient Demefne confirm the Eftate of
18 Ed. 1. 2 7. his Tenant to hold by 2 1. freely and quieily
(b) Zqre, If he fhall not have a Monfira. from al other CQj/oms, and held by Green to be
emerge where his Eflate is confirmed, to hold by Frank fee, and on a Diltrefs for more Services,
lefs Services. 49 Ed. 3. 7. See 2 1 Ed. 3. 33. the Tenants thall be aided in Replevin. But by
P. Caufe de remover Plea 18. Where it is ad- Wilby and others, it continues Ancient Demefne,
judged, that it is not made Frank-fee by the and be thall have a Monfiraverant, and Count
Confirmation. But IVilby .held the contrary. Hill upon his Cafe.
a no Monflrawsrant can be, b'i.
Cafe,
 ' Writ de Monfiraverunt. 33
Cafe, or the Sheriff may command the Neighbours, who dwell next to the
Manor, that they refift and do Refcous unto the Lord, if he will diftrain his
Tenants, &c. And it feems toey may juflify the fame by the Commandment
C of the Sheriff, if he have fuch a Writ fent unto him, &c. And after the Writ
direded unto the Sheriff, if the Lord diftrain, the Tenants may fue an At-
tachment againft him, returnable in the Common Pleas or the King's Bench,
to anfwer to them for this Contempt; and if it be found for them, they
ihall recover their Damages.
D And note, that the Writ of Monfraverunt fhall be fued by many of the Com. 19.
Tenants without naming any of them by their proper Names, but generally, 8 H. 6. z6.
Monfiraverunt nobis homines, &c. But in the Attachment againft the Lord' H
by the Tenants, the Tenants ought to be named by their proper Names,
thus:
(a) The King, &c. If A. of B. C. of F. and the Men of the Abbot M. of the
Manor of I. which is of the.Ancient Demefne of the Crown of England, as it is
faid, fball make you fecure, &c. then -put, &c. the aforefaid Abbot, that he be
before us, &c. wherefoever, &c. to jhew why he requireth of the aforefaid M
other Cuftoms and other Services than they ought to do, and than their Anceftors,
Tenants of the fame Manor, have been accufomed to do in the Times wherein that
Manor wrs in the Hands of our Progenitors,formerly Kings of England, or in
our Hand, contrary to our Prohibition (if the Cafe be fo). And have you there
the Names of the Pledges and this Writ. Witnefs, &c.
E And there is another Writ of Monfiraverunt ; where' the Tenants of any ;
Hamlet, which Hamlet is Parcel of a Manor of Ancient Derpefne, are di-
ftrained by the Lord, they. fhall have fuch Writ:
Tbe King, &c. Your Men of the Hamlet of I. which is 'a Member of the M-
nor of B. which is of the Ancient Demefne of the Crown of England, as it is
faid, &c. have Jhewed unto us, &c.
F And it feems, that in the Writ of Attachment he ought or may name all
thofe Tenants by their proper Names which are diftrained after the Prohibi-
tion delivered unto the Lord ; and it behoveth not to name other Tenants by
G their proper Names, but in the Generality, And the Men, &c. And if one
of thofe, who is named by his proper Name, will not fue, &c. he fhall be
fevered, &c. And he that is Nonfuit fhall not grieve his Companions. And
it feemeth, that every one- fhall recover his Damages feverally, (b) becaufe
they are feverally deftrained, and one may be more damnified than ano-
ther, &c.
H And one Tenant may fue the Writ of Attachment in his own Name bjr his
proper Name, and in the Name of the other Tenants, by general Words,
&c. And the Men, &c.

(a) In a Writ of Admeafurement it is not ne- fo in a Recordare adjudged, 6 H. 8. and are

ceffary to name all the Tenants ; for they (hall 3 Eliz. But the Jullicep, tall direft Judgment
be admeafured, though not named. 8 H. 6, z6. to be for the Plaintiff notwithftanding. Sec
And in an Ation on the Statute of Winton', it 6, 7 Elik. Dyer -
is not neceffary to name all the Inhabitants of (b) Note; They may make joint or feveral
the Hundred, but only fome in certain. And Counts. 39Ed. 3.6. perBsli. Sceinfra 6.A.

F And
 34 irit de Monflraverunt.
And if the Tenants do fue an Attachment againft the Lord, becaufe he di- I
ftrained them after the Writ of Monfiraverunt delivered unto him, and pend-
ing the Writ of Attachment the Lord difirain them again by their Goods ;
then the. Tenants fhall have a fpecial Writ of Attachment againft the Lord,
rehearfing the Matter ; and in the fame Writ the Sheriff fhall bt commanded
to re-deliver unto the Tenants their Goods, if the Lord have takcn them, &c.
And this Writ thall be fued only in the Name of thofe Tenants which are
again diffrained pendent the Suit, and not in the Name of them all, as the
other Writ is fued; and the Writ fhall be fuch:
7he King to the Sheriff, &c. If A. and B. the Men of the Abbot of C. of the
Manor of N. which is of Ancient Demefne, &c. ]hall make you fecure, &c. then
put, &c. the aforefaidAbbot, &c. to fhew why whereas lately at the Profecution
of the faid Men fuggefting to 1!s, that the aforefaid Abbot had required other Cu-
floms and other Services than they ought to do, and than their Anceftors, Tenants
[ 16. ] of the fame Manor, &c. (until Kings of England) We commanded you, that
you jbould put by Gages and fafe Pledges the aforefaid Abbot, that he jhould be
before us from Eafter Day in fifteen Days laft paft, wherefoever, &c. to anfwer
the aforefaid Men concerning the Premifes, the faid Abbot (pending the faid Plea
of'Attachment before us) hath therefore more grievoufly deflrefed the aforefaid
Men, and hath taken from them all their Goods, Chattels and Cattle found in the
fame Manor, and yet detains them from them, whereby they are lefs able to profe-
cute the faid Plea of Attachment, becaufe of Poverty, in Contempt of us and our
aforefaid Command, and to the no fmall Expence of the aforefaid Men and the De-
lay of the Profecution of their Right, and to the manifeft Debafling of their Eflate.
And caufe the aforefaid Cattle, Goods and Chattels in the mean time to be deli-
vered to the fame Men by ftqficient Security. And have there the Names of the
Pledges and this Writ. Witnefs, &c.
V. flp. 15. G. And in this Writ of Monfiraverunt the Plaintiffs in the Writ of Attachment A
39 Ed. 3 6. may count feverally, and then they fhall recover feveral Damages. But they
48 Ed. 3. 4- may count together in one Count, and declare how they were feverally di-
3e9 Ed. 3 . ftrained, &c. and it is not neceffary to alledge in the Count the Day or the
49 Ed. 3. Place where the Lord diffrained them. And the Form of the Count or De-
per Belknap. claration is fuch:
A. B. was jummoned to anfwer C. D. and F. and the Men of the aforefaid A.
of the Manor of S. which is of the Ancient Demefne of the Crown of England,
&c. of a Plea, wherefore he requires of them other Cufoms and other Services than
they ought to do, and than theirAnceftors, Tenants of the fame Manor, have been
accufomed to do in the Times wherein that Manor was in the Hands of his Maje-
fly's Progenitors, Kings of England, to the great Damage of the faid C. D. and F.
&c. And whereupon the fame Men, by T. S. their Attorny, complain, That
whereas their Anceftors, Tenants of the fame Manor in the Time when that Manor
was in the Hands of Lord Henry, formerly King of England, Great Grandfather
to the Grandfather of the Lord the prefent King, held their Tenements by certain
Services, namely, every one of them held one Tard-Land of the fame Manor, &c.
by Fealty and the Service offive Shillings, and doing Suit at the Court of the faid
Manor of S. twice in the Year, to wit, at the Feaft of Saint Michael and at the
Feaf of the Pafover; and if a Writ of Right happened to be pleaded in the
fame Court, by doing Suit in the fame Courtfrom three Weeks to three Weeks, &c.
fa
 Writ de Monftraverunt. 35
ft long as that Writ was depending in the fame Court, and when the Lordtb King
lays a fax (or fiallage) upon his Boroughs and his Demefnes, &c. for all Services;
and they who held more Land of the aforefaid Manor rendered more Rent, &c.
And the fame fenants have continued this Kind of Eflate from the Time of the fame
Henry the Great Grandfather, &c. from King to King, the Progenitors, &c. until
the Time of the aforefaid Lord King Edward the Grandfather, &c. That the
afrefaid A. Lord of the Manor aforefaid, hath difirained them the faid C. D. and
F. and the other Men, &c. to do Suit at the aforementioned Court from three
Weeks to three Weeks throughout the whole Tear, &c. and by laying a Tax (or
fallage) upon them, high and low, at his Will, and requiring Services from them
fdr marrying their Sons and Daughters, and other willainous Services and Cuftoms,
which they ought not nor have been afed to do ; whereupon thy fay they are in-
jured and have fUftained Damage to the Value of one hundred Pounds, and there-
upon they bring Suit, &c.
B And whether they fhall recover feverally Damages upon the joint Count, it
is a Doubt, yet it feemeth reafonable that they may, becaufe it is feveral in
its Nature, becaufe they count upon the feveral Tenures, &c. and how that
he hath ditrained them feverally , by which it feems but reafonable, that the
Jury do inquire of the Damaes feverally, if they pafs for the Demandants,
or that feveral Writs of Inquiry of Damages be awarded in that Cafe, if the
Matter be adjudged with the Demandants. But it feems no Tenant fhall re-
cover Damages, but thofe who are fpecially named in the Writ of Attach-
ment fued upon the Monfiraverunt, and not to other Men.
C And note,, That the Lord of Ancient Demefhe fball not be put to anfwer 49 Ed. 3. 22.
to the Writ of Attachment fued againft him upon the .knfiraverunt, before. 39 Ed- 3- 6.
the Court be, (a) certified by the Treafurer and Chamberlain of the Exchequer, J9 Ed. 3.pl'S*
whether the Manor be Ancient Demefne. And therefore it behoveth the Plain-
tiffs in the Monf#raverant to fue forth a fpecial Writ unto the Treafurer and
Chamberlains of the Exchequer to certify the fame ; and the Writ is fuch:
. he King to his Trefurer and Chamberlains, greeting: Becaufe for certainRea-
foss we are willing to be certified whether the Manor of I. in the,County of C. be
of the Ancient Demefne of the Crown of England or not, we command you, that
having fearched our Domefday Book, you without Delay-dfinfily and openly make
us *iorecertain concerning that which you thereupon fhall find, under our Seal of
our Exchequer, fending again to us this Writ. Witnefs, &c. 49 Ed. 3. 2
D And note,, That the Book which is called, Domefday -Book was made in the
Time of S. Edward, and all the Lands which were in the Seilfin, and in the
Hands of the faid S. Edward at the Time the faid Book was made, are An-
cient Deniefne, and the Lands which were in other Hands, and are not named
E in the faid Book, are Frank-fee: ,And thofe Tenants which held in bafe Tenure, a R.3. r.
as by Copy of Court-Roll, or by the Rod, cannot fue nor maintajn this Writ 39 Ed. 3. 6.
againft the Lord : And the Death of one Tenant, nor his Nonfuit, fhall not (b) Ed. 3. 44P
+xEd. 3.pl.3.
() It feems, that the Certificate lawfully (b) The Reafon is, becaufe as they are feveral
coming into Court by Certiorari and Mittious Texures, fo the Torts and Damages are feveral,
is authentical and conclufive, though there be no and fo it is in Error, Attaint and Audita Rserela;
Iffee joined, whether Frank fee or Ancient De- contra in a No iinjivfe w'exs. i H. . 13. Al-
nefne. 7 H. 6. 32. And fee accordant 39 Ed. 3. thpugh the Count in the MAoniraverust be joint.
6. it is at the Peril of the Plaintiff. I 9 7d. 3. Monj.verans.
F2 abate
 36 Writ de Warrantia Diei.
i9 Ed. 3.pt. abate the Writ. And if the Frank-tenants, and the Tenants by bafe Tenure F
H. ' join in a Monfiraverunt, the Writ fhall not abate, but for the Tenants by
bafe Tenure only.

Writ de Warrantia Diei.

1 17. ] TTRIT of WarrantiaDiei lieth in Cafe where a Man hath Day in any A
VV A&ion brought againft him to appear in proper Perfon, and the King
at or before the Day fend him in or about his Service, fo as he cannot ap-
pear in Court at the Day; then may he fue forth this Writ direfted to the
Juffices, reciting the whole Matter, commanding them that they do not re-
cord his Default for that Day, for the Caufe before-mentioned : And it is
not material, whether the Caufe be true or not, when the King doth certify
that the Party is in his Service. For it feemeth by the Words of the Writ,
that the King by his Prerogative may warrant this Default for a Day. And
fo it feemeth, that if the Tenant in a Precipe quod reddat at the Grand Cape,
or the Petit Cape returned, make Default, that before Judgment upon this
Default the King may fend fuch a Writ unto the Juftices, rehearfing that the
Party is in his Service, and commanding them that his Default do not preju-
dice him: And it fiandeth with Reafon that the King may fo do, becaufe that B
every one is bound to ferve the King in his Bufinefs. But what Procefs fhall the
Court award, if the Tenant will not appear at the Day of the Default recorded,
nor after, when the Writ of Warrantia Diei comes unto the Juftices ? It feem-
eth a new Summons fhall iffue out of the Common Pleas to fummon the Te-
nant anew, becaufe that his Default at his Return is excufed by the Writ of
WarrantiaDiei. But if the Writ Warrantia Diei do not excufe the Default
at the Grand Cape, then it feems a new Grand Cape fhall go forth upon the
firft Default returned at the Summons of the Precipe quod reddat. Quaere of C
that. And the King may grant fuch Writs to fave two Defaults at two feveral
Days, &c. Quere of thefe Matters, becaufe they are out of Ufe at this Day.
But the Form of the Writ is fuch:
The King to his Juftices of the Bench, greeting: Know ye, that A. was in our
Service by our Command on Monday the Morrow of fifteen Days of Eafter laft
pafl; fo that on that Day he could not be prefent at the Plea which is before you
by our Writ, between B. Demandant, and the aforefaid A. Tenant, of one Meffage
with the Appurtenances in N. whereupon the fame A. as be faith, hath vouched
C. to Warranty tbereof againf the aforefaid B. And therefore we command you,
that the aforefaidA. be not put in Default for his Abfence on that Day, nor lofe
in any Thing, becaufe, as to this Matter, we will warrant to him that Day.
Witnefs, &c.
The Form of a Writ to fue two Defaults is: The King, &c. (as above):
Know ye, that A. was in our Service by our Command on Thurfday in eight Days
of Saint Hilary,,and on Manday in the Morrow of All Souls laft paft fo that
on thofe Days he could not be prefent at the Plea which is before us by our Writ,
between, &c. And therefore we command you, that the aforefaid A. be not put
in Default for his Abftnce on thofe Days, becaufe, as to this Mater, we will war-
rant to him thofe Days. Witnefs,, &c.
And
 Writ de Warrantia Diei. 3
E And thefe two Writs are not granted but by the King himfelf by the Rule
,of the Regifter; and the King may grant fuch Writs unto the Mayor and
Sheriffs of London, or unto the Bifhop of Durham in the County Palatine, or
unto the Juftices of Affife or in the Eyre, or unto the Sheriff: And thefe
Writs may be granted as well for the Demandant and Plaintiff as for the Te-
nant ; and then the Writ is fuch:
F 'The King, &c. Know ye, that A, was in our Service on Monday in the Mor-
row of fifteen Days of Eafter laft paft; fo that, &c. between him, A. Deman-
dant, and B. Ienant, &c. And there it fhall be faid, in the Morrow of fifteen
Days of Eafter, becaufe that the Pleas (a) cannot be holden in fifteen Days of
Eafter, becaufe that is Sunday, which is the Sabbath-day. And the King may Dyer r'4:
grant this Writ by Teftimony of his Steward, thus: An s.P* F
!rhe King, &c. Becaufe A. was before our Steward and Marfhat on Monday in
fifteen Days of Saint John the Baptift la# paf/, in divers Inquyitions which were,
fummoned before the fame Steward and Marfhal on the aforefaid Day at E. as
our fame Steward hath teflified before us: We command you, that you do not
amerce the aforefaid A. for that, becaufe he came not before you in other Inquill-
tions which were fummoned before you on the fame Day, nor fuffer him to lofe If-
fues, if he hath been liable to lofe any before you, upon that Occafion. Witnefs, & c..
G And it feems by this Writ, that the Juftices ought to make a fpecial Entry
thereof, and to fave the Iffue of this Juror, and alfo, to make a fpeciat Effreat
of this Matter, and to levy no Iffues upon thefe jurors, for whom fuch Writs;
come unto the Juftices.
H And if a Man be effoined .of the King's Service in any A&ion, &c. whereas
in Truth he is not in the King's Service, then the Plaintiff or Demandant may
fue forth a fpecial Writ out of the Chancery direaed unto the Juftices, re-
hearfing that he is not in the King's Service, commanding them to proceed.
But by the Statute of Gloucefler, if he do not bring, his Warrant at the Day
given, he fhall lofe twenty Shillings for the Journey; and hall be in the.
King's Mercy, and the Effoin diffolved. And if the Plaintiff purchafe fuch,
Writ direded to the juftices, that he is not in the King's Service,; then the
Effoin fhall not be adjourned, but fhallbe prefently quafhed,.. and he' hall-
not have Day by Adjournment to bring in his Warrant to warrant the Effoin.

(a) See aC Cafe of Huggardand Knvwet, 5.Mar. Dysr ' S &t a 5

t5..

* ;'rit
 * Writ of Fae 7udgment.

( 18. ] 7RIT of Falfe Judgment lieth where Falfe Judgment is given in the
zA 64. VV County, or in the Hundred, or in other Court Baron which is not a
Br. Error 120. Court of Record, in a Plea Real or Perfonal, as if in a Writ of Right Pa-
If the Free- tent, or in other Perfonal Plea; there the Party, Plaintiff or Defendant, which
holders be re-
cordedbyPlea, is grieved, Ihall have this Writ, and the Writ fhall iffue firift out of the Chan- A
whereit ought cery: And if the Falfe Judgment be given in the Sheriff's County Court,
to be byWrit, then the Writ Ihall be dircded unto the Sheriff himfelf, and thall be fuch:
it is Error, and
not void, & coram non Jndice: But where Judgment is given of Lands, Contra' or Covenant, which is, out of
their Jurifdi~tion, it is void, & coram son Judke.

Henry, &c. to the Sheriff of Lincolnfhire, greeting: If A. jhall make you fe- B
cure, &c. then in your full County caufe to be recorded the Plaint which is in the
(a) fame County by our Writ of Right, between A. Demandant, and B. ienant,
of one MeJuage and one hundred Acres of Land with the Appurtenances in C.
V. 4 & 5 Ma. whereof the fame A. complains that Falfe 7udgment hath been done to him in the
Dyer 164. fame County ; and have you that Record before our 7uffices at Weftminfter fuch
Thewrewas a Day under your Sea4 and by four lawful Knights of the fame County
of thofe
becaufe it was who were prefent at that Record: And jummon by good Summoners the aforefaid
underyour Seal B. that he be then there to hear that Record. And have you there the Summoners,
and the Seal the Names of the four Knigbts, and this Writ.
of four law-
fal Men of the fame Court, and good, av it/eems. Vide Dyer 373. & infra D.

&5Ed. 3. 9. And if the Tenant hath aliened the Land after Judgment given againft the C
Demandant, then the Summons fhall be made in the Writ againft him who is
Tenant of the Land, and againft him who was Tenant at the Time of the
Judgment given, by thefe Words, viz. And fummon by good Summoners the
aforefaid B. and C. who now hold that Mefuage and Land, that they be then
there to hear, &c.
And if the Falfe Judgment be given in another Court Baron than in.the D
Sheriff's Court, then the Writ of Falfe Judgment is called a Writ -of Accedas
ad Curiam, and Ihall be dire6aed unto the Sheriff; and the Writ is fuch:
The King to the Sheriff of Lincolndhire, greeting: If A. Jhall make you fecure
to profecute his Claim, then having taken with you four difcreet and lawful Knights
of your County, go in your own Perfon to the Court Baron of C. and in that full

* Note; In a Writ of Falfe Judgment, if the Plea be difcontinued, and afterwards the Plaintiff
Judgment be reverfed, the Suitors are amerced, is Nonfuit, and Judgment final given againft him
and the Court fhall give the former Judgment on a Writ of Falfe Judgment, he Thall be reflored
which the Suitors ought to have given, zz Ed. to the Right only. See Dyer 373.
3. 2. And Note; the Amerciament was affeered (a) Note; The Words fame County ought to
by the Juftices, 9 Eliz Dyer 263. See Paf/. befame Court, &c. ters. See Dyer 268.
so Ed. 3. Rot. 3. whereby it appears, if the
Court

2
 Writ of Fafe 7udgment. 39
Court cayfe -to be recorded the Plaint which was in the fame Court by our Writ
of Right, between A. Demandant,. and B. enant, of one Mefuage, &c. whereof
A. complains that -FalfeJudgment bath been done to him in the fame Court , and
have that Record, & c. under your Seal, and (a) by four lawful Men of the fame V. fupra B.
Court of thofe who were prefent at that Record: And fummon, &c. and have you
there the Nmes of the aforefaid four Men, and this Writ.
E And in this Writ of Accedas ad Curiam he fhall take with him four Men,
but it needeth not that they be Knights: But fo fhall it not be in the other
Writ of Recordari facias Loquelam, which is in the County. But both Writs.
thall be returned under the Sheriff's Seal, and the Seals of four Qf the Suitors
of the fame Court. And in the Writ of Falfe Judgment which is Accedes ad Cu-
riam, it is a (b) good Return for the Sheriff for to fay, that after the Receipt
of the Writ, and before the Return thereof, no Court was holden s and alfo
that he required the Lord to hold his Court, and he wold not, fo as lie
could not execute the fame. And thereupon the Juftices fhall award a Di-
ftringas dire&ed unto the Sheriff, to diftrain the Lord to hold his Court; and
Sicut Alias, &c.
F '(c) In a Falfe Judgment againift an Abbot the Plaintiff was Nonfuit, and
the Abbot had a Scire facias againft the Plaintiff, to thew why he fhould not
have Execution, and to have the Judgment executed returnable at 15 Pafch..
at which Day the Plaintiff appeared, and affigned his Errors, and tendered
Sureties to fue with Effed, and prayed a Scire facias againft the Abbot to hear
Errors. And the Opinion of the Court was, that he might affign the Errors
againft the Abbot without fuing any Sire facias againft him, becaufe they had
Day by the Roll.
G (d) If the Writ of Falfe Judgment abate for Default in the Writ, then the
Plaintiff fhall not have a Scire facias ad audiend' Erroes upon the Record
certified,

(a) Nte; It is by four lawful, &c. and not returns the Names of thofe who refufe, the Di-
under the Seals offour lawful Mn, Dyer 164- fringas fhall iffue only againft them ; and if any-
and fee idid 373- of them make Default, the Record thall not be
(b) Notes If the Sheriff return, that the Sui- received by the Hands of thofe that appear, but
tors will not record le Parol (or Plea) a 81cut their lifoes Thall be faved, and a new Difringasv
alias Difiringas thall iffue againft all the Suitors: tball go both agaiift them and thofe who made
And if at the Day fome of the Suitors do appear, Default. 9 Eliz. Dyer z6z.
and others do not, the Court here Ihall accept (c4 See 6 Ed. 6. Dyer 76. b. Error on aJudg-
the Record by the Hands of thofe that appear; ment in a Zuare ipedit, the Record was remo-
for fperhaps alias the others
at the Drlringasfist ved, but the Party did not aflign Errors; where-
will difavow the Record; but their Iflues fhall fore he that recovered brought a Scire-facias toz
be faved, and the Di/hingasfiCtalias thall ilfue have Execution. It appears the Party warned.
as well againift thofe that appear as againit the may come in at the Day to allign Errors withoutv
others. And by Hill, if on the. firit Writ the a Scirefacias ad audiendum Errores. z H. 6. 34.
Record had been delivered to four Suitors, and 2cr H. 6. I 8.
two of them had appeared, and the other two (d) If a Record be removed by Writ of Er-
made Default, the Record had been (well) ac- ror, though the Writ be abated for Default of
cepted. See I Ed. 3. 9. 26 Ed 3. 61. I H. 4. Form, yet the Judgment being of Record before
23. And an idea Dies fhall be given to thofe the Writ of Error, and the Record being here,
that appear, according to 29 Ed 3. z6. 4' For the Party Ihall have a new Writ of Error, quoad * Wag.4,
it may be, that at the other Day thofe who now coram wobis: But by the Writ of Falfe Judgment,
appear may make Default. But if the Sheriff that which was (not) a Record before is to be
madS
 40 Writ of Falfi Judgment.
certified, becaufe it cometh without an Original, when the Original abateth.
But if the Plaintiff die, it feems that if the Falfe Jndgment be given in the
bafe Court upon a Writ of Droit Patent, that then this Heir thall have a
Scire facias ad audiend' Errores againft him who recovereth upon that Record
which is removed into the Common Pleas. And if the Plaintiff in the Writ
2o H. 6. *8. of Falfe Judgment be Nonfuit, whether the other Party fhall fue Execution

4+ H. 6. 48. upon this Record fo removed againft the Plaintiff, without faing forth a Scire
31 H. 6. 5 1. facias, is a Queftion. But Hill. 23 H. 6. the Opinion was, that he fhall have
'4 H. 4. 39. Execution without fuing forth a Scire facias.
74 .4. 23.. And Tenant at Will according to the Cuftom of the Manor, which is Te- H
contrary, if nant by Copy of Court Roll, fhall not have a Writ of Falfe Judgment upon
the Jufltices be a Judgment given againft him: But where Falfe Judgment is given upon a
removedinthe Writ of uflicies directed unto the Sheriff, the Party grieved fhall have Faux
King's Benchalhur
by a Pone. 7udgment, and not a Writ of Error, although the Judgment be of Debt, or
Trefpafs, over the Sum of twenty Shillings.
2 H. 4.4. And a Man fhall not have a Writ of Falfe Judgment but in the Court
21 Ed. 3. 45. where there are Suitors ; for if there be no Suitors, there
the Record cannot
cc'. 3.er
fore certified by them. And upon Falfe Judgment given in Court before Bai-
it feemeth Er- liffs, or others who hold Plea by Prefcription, in every Sum in Debt by Bill
ror lieth in a before them, he fhall not have a Faux 7udgment, but a Writ of Error there-
Court of Pi- upon. Quod vide M. 4 Ed. 4. in Title Trefpafs. Pof. 1 9. I.
powder.
Vide 3 Ed. 4 . zS. 6Ed. 4 .43. 72* 4. 23.

made a Record; and therefore if the Writ be Nonfuit, he fhall not affign Errors on the fame
abated (as in a Writ of Falfe Judgment on a Writ of Falfe Judgment, but (as it feems) is
Judgment in Ancient Demefne, was in Car' Re- put to a new Writ. Yet fuare; for the Record
gis where it fhould be Regina) there is not any is here, and not in the inferior Court. See
Record made or removed, but only an Efcrow, 21 A. 6- 34. in the Cafe of the Abbot of Ta've.
and is as if the Suitors had brought in the Re- florA. If the Plaintiff in a Writ of Falfe Judg-
cord without a Writ to warrant it; and there- ment be nonfuited, and the Defendant fues a
fore the Plaintiff in that Cafe, after fuch Writ Scire facias to have Execution, &c. (i.) The
abated, fhall not have a Scire facias to warn the Plaintiff may have a new Writ of Falfe Judg-
Party ad audiendum Errores, &c. But it feems ment, &c. quad coram wobis refidet. (z.) On
the Plaintiff thall have a new Writ of Fale the Scire facias to have Execution, he may af-
Jdgment, becaufe the Record is not removed : fign his Errors without any new Scire facias ;
n.9re; for it was denied by Rolph. 3 H. 6. 26. becaufe both Parties have Day in Court. (3.)
But where a Writ of Falfe Judgment abates by It feems, that if the Plaintiff had appeared on
Death of the Party, there, for that the Record the Writ of Fale Judgment before, now his af-
was well made and removed, a Scire facias lies. figning of Errors thall not delay the Defendant
Dyep 16 4 x5 H.6. F. Fa/e Judgment 17, and of his Execution. In Error, if the Plaintiff be
fo note the Diverfity. In a Recordariout of An- nonfuited before Scire facias, whereupon the
cient Demefne, the Parol thall be remanded, if other fues a Scire facias quare Executionem now,
the Plaintiff is Nonfait. 2 Ed. 3. 29. jo Ed. 3* &c. he may atlign Errors on the fame Scire fa.
59. And fo if the Caule afligned be not fuli- <ias. But if he had fued a &ire facias ad au-
cient or not true. 3 4 H. 6 35. See here 13. diend' Errores, and afterwards became Nonfuit,
B. C. But on a Writ of Error or Falfe Judg- there, on the Scire facias by the other, he (hall
ment, if the Plaintiff be Nonfuit, Judgment thall have Execution, and (hall not be driven to an-
not be affirmed or difaffirmed, but a Scire facias fwer to the Errors. Zeure, and fee the Book
thall iffue to have Execution upon the Record, at large; for the Cafe feens to be mif put.
so H. 6. 18. and fee there, if the Plaintiff be

In
 Writ of PaRfe 7udgment.
I In Falfe judgment upon a Writ of Right Patent, or a Writ of Drci Clof, soEd.3.pL r
the Plaintiff thall not aflign Errors ocK are the Records ccrtifk I, as well (a) tlc 3, d
Original as the Refidue of the Record. And tl Writ or Faile jud-gnclt 8 b 9
lieth againft a Stranger to the Judgment, if he be Tcnant of te Land,
without naming him who was Tenant, and Party to the Judgment. Otherwif2
it is of a Writ of Error, for there he oighe to name him who was Party to
the Judgment, be he Tenant or not (b).
A And where the Tenant lofeth his Land by Fall JoJgment in a Writ of [ 19.
Right in a Court Baron, he fhall not have a Writ of Falfe Judgment before :t H. 4. 23.
that the Demandant hath entered upon him, &c. 'ride M. 38 Ed 3.
o'ucd . contr', and
Tide 8 Ed. 4. I9. the Pafty b.J
B And where the Defendant in Faux 7adp~unt, after Appearance by him, a Scre fac 13
maketh Default, a Grand Diftrefs fhall iffue out againft him. And if he again to have E::x
make Default, or cometh and will not fave his Default, the Plaintiff in the cution out of
Writ of Falfe Judgment fhall have Judgment to recover Seifin of the Land the Common
againft him: Qiod vide M. 13 Ed. 2. And the Writ of Falfe Judgment given Pleas.
in Ancient Demefne is fuch:
C The King to the Sheriff greeting: If A. Jhall make you fecure, &c. go to the
Court I. &c. and caufe to be recorded the Plaint, which is in the ftame Court by
our little WJrit of Right, between A. Demandant, &c. And have there the
Names of the aforefaidfour Men, this Writ and the other Writ, &c.
D And in a Writ of Droit Clofe, if the Writ of the (c) Demandant be abated, In Hill. 6 W.
whereupon he bringeth his Writ of Falfe Judgment in the Common Pleas, 3. B. R. int
and there the Judgment
and is. reverfed, and the Writ awarded good ; then he Philips and
~ en eBury, it was
ihall hold Plea in the Common Pleas, and a Judicial Writ fhall iffue from the held by Holt
Common Pleas, in Nature of Proteftation made n the Erfit Writ ; and if the accordant,and
Proteftation were in the Nature of Affife of Mortdauncefter, the Juftices fhall the Opinion of
direCt a Writ unto the Sheriff to fummon the Jurors to come out of Ancient Dyer 373.
denied, be-
Demefne thither, and all the Matter fhall be tried and determined in the cafe not ar-
Common Pleas: And although the Judgment be given of the Land in the rated by
Common Pleas, yet the Land fhall be Ancient Demefne. Q.od videAl. 3 Ed. 3. 3 4 AiM. 'To
it Title of Ehus 7udgment. 4 Inft. 270.

(a) See 31 Ed. 3. F Faf' Judgmient to. If the Errors examined or after, for otherwife if he
Judgmcnt be given in a Court Baron without an be oufted, he ihall have an Afife. Dyer 21.
Ori;in, and the Tenant is oufted, it is a Dif- (c) And fo it feems, wbether the
kin. S 19 Ed. 2. FalG 7adgment j 9. accor- be affirmed or difaffirmed, Execution flil be
dant. Note; A Copyholaer thall be relieved by awarded in the King's Court. 39 1. 6.,5. a.
Petition to the Lord. Mich. 8, 9 Ex. Rot. 136. And La on a Nonfuit, where a Writ of Falfe
'-'ide ante. judgment is brought before Execution fued.
(b) Or his Heir, &c. 0are ifhe dies with- 12 H. 4, 23. P1. 5. Yet fee Dyer 373. If the
out Heir. 9 H. 6. 46 and 49. But if another Derandant brings a Falfe judgment, and it be
than the Heir be Tenant, it is the fafer Courfe reverfed, he flall only be reflored to his Afon.
to have a Scirefacias againft him, efpecially be- Note, That of a judgment given in Ancient
fore that the Court proceeds to the Examination Der e of Lands at Common Law, a Writ of
of the Errors. So quacunaue via, there ought Fale Judgment does not lie, becaufe it is coram
to be a cire facia; agairifAhim, either before nan.7udiic. H. w W.r8. o.

G And
 41 Writ of Edyfe 7udgment.
And upon the Writ of Faux 7udgment, which is an Accedas ad Curiam, if E
the Sheriff return that the Writ came j late, that he could not execute the fame;
th.n he fhall have a Sicut alias direded unto the fame Sheriff: And if he re-
turn not that at the Day, then he fhall have a Pluries to the fame Sheriff.
And he may have thefe Writs of Alias and Pluries out of the Common Pleas,
where the firft Writ was returned tarde, if he will, or he may have them
*See2 9 H. 6. out of the Chancery, &c. See for this Matter in the Book of * Entries, fol.
Fitz. Return i 14 and i15. And upon the Accedas ad Curiam, if the Sheriff return, that
deVifcountz,. he will go unto the faid Court, &c. and there pray the Lord to hold his
6.7. 15,16. Court, that he may do Execution of the Writ, and that the Lord refufeth
to
hold his Court, &c. by reafon whereof he cannot do Execution of the Writ;
then a Drflringas Ihall iffue out of the Common Pleas directed to the Sheriff,
to diffrain the Lord, fo that he diftrain him to hold his Court at a certain
Day appointed by the Sheriff, And that the Sherif having taken with him four
difereet Knights, &c. of the County, &c. he go to the Court, &c. and that he
make known here in fifteen Days of Eafter, &c. and that he then have that Re-
cord, &c. and that he fummon the aforefaid I. that he be there to hear that Re-
cord, &c. Which fee in the Book of Entries, fol. I17, 137. b.
There is another Writ of Faux 7udgment ; when there is a Plaint in the F
County of Debt or Trefpafs without any Writ, then the Writ of Faux 7udg-
ment in the County fhall be thus: Caufe to be recorded the Plaint which was
in the fame Court without our Writ, between, &c. of a certain 'refpafs, &c.
whereof the fame A. complains that Falfe Judgment hath been done unto him, &c.
And where Faux Judgment is given in another Coprt than the County, upon a
Plaint, or upon a Writ, then the Writ fhall be thus:
91he King to the Sherifl greeting: If A. fhall make you fecure, &c. then go
to the Hundred of A. of B. or to the Court of A. of B. and in the full Hundred
or Court caufe to be recorded the Plaint which is in the fame Hundred or Court by
our WJrit, or without our Writ, of that that the fame A. keep with the afore-
faid B. the Covenant made between them, of one Meffuage with the Appurtenance.r
in F. whereof he complains, &c.
And if a Baron and Feme be fued in a Court Baron by a Writ of Right, G
and the Feme is received for the Default of the Hufband, and plead there,
and Falfe Judgment is given againft him, the and the Hufband may have a
Writ of Falfe Judgment, as appeareth by the Regifter.
And there is another Writ there, where the Hufband and Wife pray to be
received in a Court Baron in a Writ of Right upon the Default of Tenant
for Term of Life, and were not received; and for Falfe Judgment given
againft the Tenant for Term of Life they fhall have a Writ of Falfe Judg-
ment, &c.
There is another Writ of Faux Judgment in the Regifter for him in the Re-
verfion, who prayeth to be received in a Court Baron in a Writ of Right upon
the Default of two Tenants for Life, where he was received for the Reverfion
of one of the Tenants, and the Receipt was counterpleaded for the Reverflon
of the other Tenant, and Judgment given, &c. And there it appeareth,
that one Tenant was Tenant of certain Parcel of the Land, -and the other
Tenant was Tenant of the other Parcel of the Land.
2 There
 Writ de Executione Judicii. 4;
I .There is another Writ of Faux 7udgment for' him that hath Judgment given Ante 1s. PI.8, H.
againft him in the Court of a Lord, whohathPower to hold Pleas before hig 3 ZEd*3
Bailiffs by -the King's Charter: But it feemeth, that in that Cafe he fliall
have a Writ of Error, and not a Writ of Faux 7udgment.
K There is ,another Writ of Faux 7udgnent direded unto the Sheriff, viz.
Accedes ad Curiam : 11o our Court of Winchefter, and in that full Court caufe
to be recorded the Plaint which was in the fame Court without our Writ according
to the Cujom of ,the aqforefaid City, between W. Demandant, and D. ,Tenant, of
one Meffuage in Winchefer aforefaid, whereof the fame W. &c. complains that
I Falfe Judgment ihath been done unto him. But upon Alflife of Freh Force a
Writ of Falfe Judgment doth not lie, but a Writ of Error. And if the Writ [ 2o. ]
of Falfe Judgment be returned before the Juff ices of the Common Pleas, and I Ed* 3. c.5*
the Defendant comes and faith and averreth, that the Record is otherwife than
it is certified, the Averment fball be received, and that Iffue Ihall be tried by 34 H. 6.42
the Country, or by thofe who were prefent in Court when the Record was
made, and by others of the Country; and if they come not, then the Inqueft
thall be by the Country, as appeareth by the Statute de Anno i Ed- 3. cap. 5.
Raftal, Fauxl Jdgment 2.

Writ de Executione Judicii.

A T RIT de Executione Judicii 'lieth where Judgment is given in the Court
V V of any Lord upon a Writ of Right Patent, or upon a Plea -of Debt
or Trefpafs in the fame Court or in the Hundred, C'unty, Court -Baron, or
in any other Court of Record'; and if the Sheriff or the Bailiff will not do
Execution of the Judgment, then the Party fhall have this Writ dire&ed
unto the Sheriff or the Bailiff in which Court the Execution ought to be;
and if they will not do Execution, he Ihill have an 4ligs and a PIuries, with
this Claufe in the Writ of Pluries, Or fignfy to ,us the Caufe why; &c. And
if 'they 'do not Execution upon this Writ, or return not fome reafonable
Caufe wherefore they delay the Execution, -the Party -fhall -have an Attach-
ment againft him who ought to have done the Execution returnable into the
King's Bench, or into the Common Pleas. And if the-Plea be in the Lord's
Court Baron, .then the Writ of Execution Ihall be direfed unto the Bailiff
B of the Court. But if the'Plea and the Judgment be, given in the Sheriff's
Court, at in the County Court, then the Writ Ihall 'be dire&ed unto the
Sheriff himfelf to. do Execution, and the Alias and Pluries ihallbe to' the fame
Sheriff; and ifethey will not do 'Execution of. the Judgment, then an At-
tachment againft-the Sheriff-fhall be direaed unto 'the Coroners, returnable
as abovefaid, to anfwer, &c. And fo if the 'Writ de Executione Judicii be
dire&ed to the 'Bailiffs of any Court of, any Lord, or unto the Bailiffs of a
Hundred, to do Execution, and at the Alias and Pluries theywill *do,vo-
thing, the Attachment thall be to the Sheriffs againft the Bailiffs, returnable
I G 2 as
 44 Writ de Error.
as aforefaid, to anfwer, &c. And if the Judgment be in a Court of Re-
cord, then it feemeth that the Writ de Executione 7udicii fhall be direted
unto the Juffices of the fame Court where the Judgment was given, to do
Execution, and not unto the Officer of the Court. For if the Officer of
the Court will not execute the Writs direcfed unto him, nor return them
as he ought, the Judges of the Court may amerce him. The Form of
the Writ is:
Henry, &c. Lancafter, greeting: We command you, that withoutDelay you C
caufe Execution to be done of the 7udgment lately given in your County of a
Plaint which was in the fame County by our Writ of Right, between A. Deman-
dant, and B. Tenant, of one Mejfuage with the Appurtenances in I. &c. Wit-
nefs, &c. (a)

(b) Writ de Error.

28 H. 6. 1T. Writ of Error properly lieth where Falfe Judgment is given in any D
er of ror
o Court which is a Court of Record, as in the Common Pleas, or in
to the Juftices London, or other City, or other Place where they have Power to hold Plea
of the Com- by the King's Charter, or by Prefcription, in any Sum in Debt or Trefpafs
mon Pleas is
Job. Prifao Capital. Ju/.
7 & o0is.fis, & Ron Capital. Jjfi. tantum; for the Records there are not before him
alone. But in the Exchequer the Wit is not Thefaurarie & Barnibus, but Baronibas tantum. 34 H. 6. 27-
Error was brought the third Day from the Return, where the Judgment was the firit Day, and well, becaufe after
the Judgment. 15 Ed. 4- i8. If a Record be removed out of the Exchequer into the Exchequer-Chamber by
Error, when Judgment is given, all thall be remanded into the )xchequer, and Execution fhall be awarded there;
but that is by the Statute of 3s Ed. 3. c. sa. otherwife it is of other Courts.

(a) Of Execution, &c. in a Court Baron. and fold the Ox to D. and B. brought a Reple-
In Replevin the Defendant pleads, That he re- vin againft C. the Bailiff, and it was adjudged,
covered on a Plaint in Debt thirty-eight Shil- a. That if the whole had been fo held by Fine
lings, affirmed in the Court Baron of I. S. and at Common Law, it had been coram non Judice,
that the fame Cattle were taken by the Bailiff in and void. z. For that Part only was Ancient
the Place where, being the Fee of the faid I. S. Demefne, yet till Judgment reverfed the Da-
and delivered to the Defendant in Execution, mages are leviable. 3. That he might well
and he was not driven to Gage Deliverance, for take the Beafts by the Execution in any Place
he claimed Property, and the Iffue was, That within the Manor which is Ancient Demefne,
they were not taken and delivered to him in Ex- though the Place where he took them is not
cution; & allicontra 38 Ed. 3- 3. Ancient Demefne. 4. That the Sale was a good
And a like Cafe was thus: A. brought aWrit Execution, &c. 7 H. 4. 28. Yet fee the con-
of Right Clofe in Ancient Demefne againft B. trary per Cur', 4 H. 6. 17. and zz Ad2? 72, per
of ten Acres, and made Proteftation in Nature Thorp, in the Cafe of a Recovery in a Court
of an Affife, and recovered ; and C. being the Baron in Debt. Ego ifere & -aideoptime Rot4
Bailiff of the Court, took an Ox of B.'s on five Parl.21 Ed. 3. No. 21.
Acres Parcel of the Land recovered (but in Fat (b) But not the Writ Original. 24 Ed. 3.
thofe five Acres were held at Common Law by 24.
Virtue of a Fine levied before the Recovery)

over
 Writ de Error. 45
over the Sum of forty Shillings. And if Falfe Judgment be given in Lin-
don, or other Place which is a Court of Record, the Porty grieved fiall have
a Writ of Error, and this Writ may be returned ii to the Common Pkas, or
in the King's Bench, at the Pkafure of him who fueth the fame.
E And when the Record is removed by Writ of Er;or into the Common 37 Aff. 1-.
thn the Plaintiff ought to afign his Eirior, b fore he r Affgn-
a ZrBench,
Phcas or King's a n ment of many
have a Scire facias againft the Defendant ad audiendum Errcres. And if he ErrorsinLiw,
alig r: divers Things for Errors, which the Court thu>nk.ch to be no rors, 3 H. 6. 30.
he fhill not have a Scire facias upon this Afignment. Buc after Errors ff-N, That
figned, and a Scire facias awarded againft the Defend '.nt upon that Angn- tI Pair. af-
mient, he fhall not affign an Lrror in Faet, as to fay, that the PLintit' was ananLre
dead at the Time of the Judgment, or before the judgment, But he and
uc. the Court
may affign as many Errors as do appear in the Record, and it fidii not b faid faw the Ori-
a double Affignment. But he fhall afign for Error but one Error in Faa, ginal that it
becauld this Error in Faft fhall be tried by the County, and the Errors in the f a t gsod
F Record fhall be tried by the Juffices. ag9atioane,
And upon a Writ of Error the Record itfelf (a) fhall be removed, and whereitought
not the Tranfcript of the Record ; for upon a Tranfcript of a Record a Man to be ex di"'i-
thall not affign Errors, if it be not upon a Writ of Error fued upon Tran-fioneand
fcript of a Fine, there he fhall affign Errors (b) upon the Tranfcript of the therefore the 4
C o rt ex of-4
Cu
Note of the Fine; and if the Juftices do conceive it Error, then they [hall did abate the
fend for the Note of the Fine, and fhall reverfe the fame. Vide pof. 72. D. Writ.
In

(a) Ibid. And a Scire facias lies on fuch a may affign and continue the Errors in Com-
Tran(eript ; alfo it feems, that Judgment thall mon. i t Ed 4. 92. adjudged. But if there
be givenr before they remand it, to prevent Lofs be a Variance between the Record and the Writ,
of the King's Fire. Lib. Intr. 296. m. 16 Ed- 3- there, although a Tranfcript of the Record be
See 2 i Ed. 3. contr'. See alfo 22 Ed. 3. 6. the fent into B. R. and a Mittitar into the Rolls of
Rearon, 'viz. Becaufe that which is fent into C. B. yet the Record remains in C. B. and
B. R. Thall not be remanded, and therefore a there fhall be Execution granted, as if a Writ
Writ was fent to the Treafurer and Chamber- of Error be to fend the Record of a Recovery
lains (of the Excbequer) to fend the Fine ex- by A. againfit B. and the Record of a Recovery
traded out of the Files on a Judgment reverfed. by A. againft C. is fent, this is without Warrant,
See i Mar. Dyer 89. Farney's Cafe; for there and the Record ftill remains in C. B. 9 H 6. 4-
is no Chirographer there, if the Fine be affirm- See 24 Ed. 3. 24, 43-
ed. See io Eliz. Dyer 274. P. 44- Note; Baron and Feme acknowledge a Deed,
See a Fine itfelf removed out of Oxford, which is after inrolled; the Baron dies, and the
So Af 9. The Plaintiff had judgment, and Feme brings Error to reverfe the Deed, for that
the Defendant brought Error and removed the it was inrolled by her beinga Feme Covert, and
Record, the which he let lie, without fuing a for that the Court coulq not examine her with-
&ire'facias; the Plaintiff prayed Execution, out a Writ; and it was admitted to be good.
and had a Sire faciai, and upon two Nibils 21 Ed. 3-. 43-.
returned Execution was awarded, and at the (b) Of afgning and examining Errors.
Exigent the Defendant comes and prays a Sczre In Re-diffeilin the Defendant is outlawed and
facias, and had it, for that he was not named, taken, and then brings Error of the principal
for Exa2as fait is upon the Scire facias to have Judgment and of the Outlawry, and affigus
Execution, and not on the Writ of Error. Error in the Principal, and it was held, x.
8 H 6. I3- That the Outlawry ihall not be reverfed, with-
Note; If two Defendants bring feveral Writs out making the Plaintiff a Party by Sci-efa-
of Error, and feveral Sire facia's, yet they cies, for the Defendant is in Execution for him.
7 H:
 46 Writ de Error.
In a Writ of Error, when the Record cometh in Court, if the Plaintiff all G
that Term do not affign his Errors; and although that he do affign his Er-
rors, if he do not fue a Scire facias ad audiendun Errores againft the Defen-
2 H. 7 2. dant, returnable the fame Term, or the next Term ; all the Matter is dif-
continued, and the next Term he ought to fue a new Writ (a) of Error
out of the Chancery, upon that Record direaed to the Jufhices before whom
the Record is removed, to proceed upon the Record que coram vobis re-
/idet.
The

7 H. 4.. 40. z. That he might well have a And Note; The Defendant may affign for Error,
Writ of Error to reverfe both the principal that his Attorny had no Warrant, although he
Judgment and the Outlawry. Is H. 4. 66. aded for his Advantage. 7 H 4. i 6. I H*4-
and may affign Error in the Principal, before 44. & 88.
he reforts to the Outlawry ; for by reverfing the (a) See Error on a Judgment in Chancery on
Principal he reveries the Outlawry. ii H 4. 6. a Scire facias, upon a Recognizance there, and
8 H. 7. 10. 7 H. 6. 44. contra 7 H. 4. 40. reverfed in B. R. i 4 Eliz. Dyer 3 I5. And fee
3. He may fue to reverle the Outlawry without Error in Chancery on a Judgment given in
finding Sureties for the Damages here. For by Chancery. 42 Af 22.
defeating the Outlawry the Imprifonment is Note; In Darrein Prelentment the Parties de-
gone. 7 H. 4. 40- 4. If the Party pleads a mur, and adjudged againit the Defendant, for
Releafe of the Right to the Land, he Ihall be that he had brought a Writ of Error before the
difabled to reverfe the Principal, and yet he Damages were taxed; for the Allife in fuch
may affign Error in the Principal, as in the Cafe is to inquire into the Point of Damages,
Original, or in the Judgment, and thereby re- and yet it was adjudged, that a Writ of Error
verfe the Outlawry, although there be no Error lies, for that Judgment is rendered upon the
in that Procefs. II H. 4. 6. adjudged. Principal, (i. e. the Right of Prefentation.)
See 18 H. 6. 18. The Defendant in an Af- So where Damages are to be taxed in a Writ
Afize was taken by a Capiai pro Fine, and fied of Ayel. s 7 Ed-3* 5 , ar. 23 V 8.
a Writ of Error, and found Sureties to fue with Note; Such Court as may hold Plea above
Effie, and to pay the Fine to the King, and forty Shillings, is a Court of Record, and yet
to fatisfy the Party, if Judgment was affirmed, may be by Prefcription. 9 H. 7- It. 45 Ed. 3.
and all this was in Chancery; and thereupon he 2. a. 18 H. 6. Pre/cription 45. per Cur', 19 H.
htad a Writ to the Juffices to deliver him, and 6. 79, So. Where one prefcribes to hold Plea
to fend the Record into B. R. and it was fo by Plaint in his Court of all Debts. 4 Ed. 3.
done, and there he affigned Errors which were 36. He that has Conufance of Pleas, has a
no Errors, whereby to Scire facias iffued, and Court of Record. 9 H. 6. 58, 59-
it was moved that a new Capia; pro Fine thould Note; If the Plaintiff be Nonfuit, &r. the
iffue, for that the Party had Intereft in the Exe-Court ought not to examine the Errors. 2 1 Ed.
cution, 10 that on the faid Sureties found in 4. 44. But if the Defendant pleads in Bar of
Chancery, he ought not to be difniffed, and *Error, &c. as by Relcafe, &c. yet if it be
therefore the Diinimfion was erroneous, for he found againit the Defendant, they Thall examine
ought to have had a Habeas Corpiu, and se- the Errors. a Ed- 3- 54. b 8 Ed 4. 8. And
moved his Body, and .thereon to have found if it be found for him, the Judgment fhall not
Sureties to fatisfy the Party, or to render his be affirmed or reverfed, but the PlaintiffThall be
Body to Prifon again, if Judgment were af- barred. 9 H. 6. 48, 49. a.
firmed. Note; An Infant brought Error of a Fine
(a) Note; If Matter of Fat be alligned for levied by him to J. for Life, Remainder to B.
Error, as that the Party's Attorny was Judge, he cannot reverfe it without warning B. 2v Ed.
&r. if the other pleads in nle o erratum, 3. 56. a. Alfo, where A. recovered againft B.
and confeffes the Matter of Faa, and puts it and enfeoffed C. and died, B. brought Error,
in judgment of the Court. Si Error, &c. as and it was held, ift, That the Judgment Thall
3 Ed. 6. Dyer 65. He may demur thereto, and not be reverfed without making the Heir of A.
fee Dyer J04. a Demurrer on the Errors aligtacd. a Party by Garnifhment, either as to the Land
or
 Writ de Error. 47
The Form to affign Errors is to put a Bill into the Court, an to fay in 35 H. 6iY
the Bill, in hoc erratum eji, &c. and to fhew in curtain in what Things; and erh ot
in hoc erratum eji, and fhew in certain another Thing ; and fo of tl.e rdft in longer Day of
which he will affgn the Errors. But to fay, in onrnbus erratum ef, is not Return than it
good, becaufe of the Incertainty. ought tohave,
A And in a Writ of Error he ought to affip his Error in proper ?erfon, the Junitet of
. . -the Common
and not by Attorny, where he is in Execution by Force of tf judgmnt. Pleas may
B And in a Writ of Error upon Judgment given in the Common Pleas, hc flhorten the
Plaintiff cannot affign for Error, that the Juffices of the Common Pleas did Day.
not give that Judgment, but the Clerks of their own Heads; neither can 51 7 3
he afign for Error, that the Jurors gave their Verdit for the Defendant, 8 H.T o.
and that the Juftices entered it for the Plaintiff, and gave Judgment for him, 21 L.6. 43.
becaufe that this Aflignment is contrary to that which the Court doth as [ 21.
Judges, &c.
C And if a Man be vouched, and entereth into Warranty, and lofeth, he 3 Co. 40.
may have a Writ of Error, and afign the (a) Errors which happened betwixt 50 Ed. 3 Air
the Demandant and the Tenant, or betwixt the Demandant and the Vouchee. 'IFheReverfion,
was granted to
And fo he in the Reverfion who prayeth to be received upon the Default one pendant
of the Tenant for Life, or for his faint Pleading, if he be received, and the Writ a-
pleadeth, and lofeth, he fhali have a Writ of Error, and affign the Error be- gainft the Lef-
twixt the Demandant and (b) the Tenant, or between the Demandant and o rife ;
him who prayeth to be received. And if Tenant for Life lofeth by Default, nant in Fee
he in the Reverfion fhall have a Writ of Error, although he were not re- pray in Aid
ceived, nor prayed to be received, and fhall affign for Error the Matter of a Stranger,
which was betwixt the Demandant and the Tenant who loft by Default. thefe"'re; for in
Cafes he
8 H. + 55, 56. in the Rever-
ion thall have
Error. So Ed. 3. 5. But amert, if the Judgment ihall be revered, and ;hat Execution flhal1 be awarded,, or thall
ceafe during the Life of the Hulhand.

or the Perfons. zdly, That he might have a may have Error, as if the Tenant aliens pend.
&irefacias againft the Heim and Tertenants in ing the Writ, and afterwards Judgment is given
the fame Writ without naming the Tertenants- againft him. 2L Ed. 3- 53 54. F. Error 4.
Names; or, 3dl, He might have a Scirefacias 12 f4 . He may bring Error, and if he re-
agaihft the Heir ad audiend"Errore,, and after- verfes the Judgment, the Feoffee may enter upon,
wards a Scire facias againft the Tertenants, to him.
have Execution. 8 H. 4. 1.7, &e. Ok if he, So he in Reverfion, or Remainder on an Eftate
has no Heir, a Sire faciai lies againit the Ter- Tail may affign, &r. Dyer 188. And there-
tenants. See 8 N. 6. 35. b. -A.being Guar- upon the Tenant thall be reftored. 8 H. 4- 5-
dian of B. recovers in a .yare impedit, and See 4 Ez. Dyer 241. 2 1H. 6. 29. i SEd.
dies, the Defendant brings Error, and after a T. I. Error 72. 32 Ed. 3. Error 73. PoR-
.Scirefacias by C. the Heir of A. againft B. and io8. A.
the Incumbent, not naming A.'s Executor, yet (A) Note alto; The Vouchee may affign Er-
adjudged good: For A was Guardian by reafon ror between the Demandant and Tenant, and
of the Seigniory. See a Scire facias againft a, fo of Tenant per Refreit. 8 H. 4. 5. 8 H. 4*.3
Defendant in the fame Writ.of Error. 34 47 But the Tenant (himfelf) thall not have Error,
7 or 17 . 8 H. 6. 35- - becafe he is out of Court. *kart, 17 Ed. 2.
(a) Note; He who is only Tenan in Law Recrusty in 'als 3;.

-A Mam
 48 Writ de Error.
A Man fhall affign an Error in Law, as the Cafe is: As if the Hufband D
and Wife levy a Fine of 'the Lands of the Wife unto a Stranger, the Wife
being within Age, they fhall have a Writ of Error during the Nonage of
the Wife, and fhall allign that for Error, and that is an Error in Law of the
Court.
20 Afr. 2. c.3. Alfo in a Writ of Entrie fur Digh'fln, if the original Writ want thefe E
ac. zi Ed- 3. Words in the Vrit, (a) W'Jhich he claini to be his Right and Inheritance, if the
Fitz. Error 4. Tenant admit of the Writ, and plead to the Adtion, and lofeth, he fhall not
te6in Fait affign this Fault in the Writ, becaufe he hath admitted the Writ to be good
inuft be plead. by his Plea. And fo in a Writ of Detinue of Charters concerning (b) cer-
ed, and thall tain Lands, if the Plaintiff in his Count do not declare the Certainty of
not be aflign- the Land in the Count, if the Defendant do admit the Count good, and
Ef r Error pleadeth unto the Adion, and lofeth by judgment given in a Writ of Er-
By Pigot and ror fued by him ; he fhall not affign for Error the Fault in the Count;
Choke, in becaufe he hath admitted the fame to be good by his Plea. Tamen
Joint Tenan- quere.
cy, General
Tenancy, Mifnomer, taking of Hufband pendant the Writ, and the like, which prove the Writ abatable;
there if the Party plead other Matter, and admit the Writ, he (hall not have Error: Contra of Death or other
Thing, which prove the Writ abated.

8 H. 5. 2.- (c) And a Man Ihall not affign for Error a Thing which is for his Advan- F
5 Co. 40. a. tage: As to fay and affign for Error that he bad Day, and that the Day was
80E.s a.for
4o Ed. 3. 15. longer Time than the common Day; and fo he fhall not affign for Error
V.zzE.3* 4 6. that he was not effoined, where he ought not to be effoined, or had Aid
Br. Error 45. granted unto him, where he ought not to have had Aid; becaufe thefe Things
and Trial 35- are for his Advantage. Pofl. 22. D.
19 H. 6. 12. (d) If Falfe Judgment be given before the Juffices of the Bifhop of Dur- G
Falfe Judg- bam in the County Palatine, the Party grieved fhall have a Writ of Error
ment inWales there before the fame Bifhop. M. 14. Ed. 3. And if he give Falfe Judg-

(a) See 21 Ed. 3. 54. F. Error 4. If an rant; and by the better Opinion judgment was
Avowry be qualbable, for that it is returned by reverfed. For the Continuance was taken with-
the Bailiff of the Franchife, where it thould be . out the Party, and the judgment could not be
recited by the Sheriff, or if the Writ be abatable good on the fecond Default; for it is but a
and not challenged; this thall not be affigned judgment by Default, &c. and there ought to
for Error , contra, if it be abatable per Ocizum have been two Deaults recorded againi the Te-
CuriV. 3 H 4. 7. nant. See 811. 5. 2. 14 Ed 3. Error 6. 19 H.
(b) See a Judgment on an Indiament of Con- 6. 1z.
fpiracy, where the Defendant had pleaded Not (d) See the Form of a Reverfal of a judg-
guilty, reverfed, for that the Place where, and ment in Ch r g .
the Day of Confpiracy, were not thewn. 24 6 H, 4, 9. 34 H. 6. 42. A. Dyer 320, 322 and
Ed. 3. 75. 345. Note; Error lies not cn a Judgment re-
(c) An Attorny appears for one without War- verfed in the Cinque Ports, but coram Czficde
rant; it is Error. 7 H. 4. 16. At the Grand quinjuePormam. SeeDYer376. AlfoaJudg-
Cape one appears as Attorny for the Tenant, nent in Purbam (hail not be re'erfed in C.j.
and wages his Law of Non fummons, and at but in B. R. Pa/C. 29 El 3. Hug~f.,'. .6r.20-.
the Day makes Default, the Tenant brings Er- Morton's Cae. . See 14 Ed 3, F. Error 6. and
ror, and aZios that the Attorny had no War- Eudmn Der o be0.

ment,
 Writ de Error. 49
ment, then the Writ of Error thall be fued in the Common Pleas, or in the beforejuitices,
King's Bench. 22 Ed- 3. 3. 23 Ed. 3. 22. 2 R. 3. 2. 7 H. 6. 28. Errors there
thall be rever-
fed in B. R. if there be Juitices there; but by Fortelcut it thall be reverfed in Parliament, 19 H. 6. 12. Error
in County Palatine thall be reverfed in B. R. 21 H. 7- 33. per Fineux, Erroneous Judgment in County Palatine
$hall be reverfed there by Commiffion. 37 H. 6. 13. Error in Chancery reverfed in Parliament. But fee
14 Eliz. Dyer 315. That Error upon a Scire facias upon a Recognizance was reverfed in B. R. which feemeth
contrary to 37 H. 6. j 3.

H And if a Falfe Judgment be given for the King in any Suit or A6ion, the 7 H. 4. 37.
(a) Party grieved fhall have a Writ of Error, and afign his Errors, without H. 7- 13-
fuing forth any Scirefacias againft the King ad audiendum Errores, becaufe that 2 R. 3. z.
the King is always prefent in Court; and that is the Caufe of the Form of 25 Ed.4. 7.
Entries of Suits for the King is fuch: Chriftopher Hales, Attorney of the Lord
the King, who profecutes for the Lord the King, &c. comes here into Court, &c.
and not, The Lord the King by C. H. his Attorney, comes here into Court, be- .. 7 13.
caufe that the King is always prefent in Court. It is faid, if
any be to re-
verfe Outlawry in Felony, when he cometh in upon the Indiament, he fhall affign his Error before he profecuteth
his Writ of Error.

I (b) Error in the King's Bench in the Procefs, Vide 4 Ed. 4. 41. 24 Ed. 3. 34. 7 H. 6. 28.
where it is the Default of the Clerks, fhall be Hidebrad's Cafe. 19 H. 6. 2. j Ed. 4.- 78.
reverfed in the fame Court by a Writ of Error 3 7 H. 6. 17. per three Juffices. If a Man be
utlage notwithfanding a Superfedeas, and apper.r
fued by the Party before the fame Juftices: But and plead in the Common Pleas, the Utlary
not without fuing of a Writ of Error, although thall be reverfed in the fame Place, although it
it be the fame Term. But in the Common be in another Term ; but contra, if it be in an-
other Term, but Defendant doth not appear and
Pleas, after Judgment given the fame Term the plead.
Juftices may reverfe their own Judgment upon
Error in the Procefs, or for Default of the Clerks, without any Writ of Er-
ror fued forth; but in another Term the Party, ought to fue forth a Writ of
Error thereupon returnable into the King's Bench. But of an Error in Law
H which

(a) Note; He ought firlt to fue by Petition to there is a Default in awarding the Procefs, or in
the King. See where a Writ went to the Jufti- the Return, it is ill. For there the Tales was
ces to examine the Errors, hoc ron,.b/lante. returned without being awarded, and on a Writ
2 4 Ed- 3 . 35,36. Hill 29Eliz.3. Hughes308. of Error brought, three Points were agreed, -viz.
(b) See the Form of a Writ of Error in Par- i. That though on an erroneous Judgment given
liament, Dyer 375- on an Originalin B. R. Error does not lie there,
As if before the qiaus Exaus the Party except for Error in Procefs by Default of the
appears, and has a Superfedeas of Record, be Clerk, or inthe Return by Default of the She-
it in Term or in the Vacation, though it is not riff: Yet there, i. e. in C. B. a Writ of Error
fhewn to the Sheriff at the Day of the Exigent thall be granted for Error, either in the Record,
or Capias ulagatau, he may avoid the Out- or in the Procefs, or in Redditione 7udicli.
lawry the fame Term in C. B. contra in B. R. That in the fame Term the Roll is not re-
2.
See 4H. 4 . 1. a.b. 4 Ed. 4 . 42. IoH. 7. 16. corded, but is only in the Breaft or Remem-
9 H. 6. 12 44. a. b. And if he comes in at brance of the Judges, and therefore in the fame
the Return of the Exigent, he may reverfe it in Term they may amend by the Common Law,
B. R. without a Writ of Error ; per We.fbury: even after Judgment, yea, though a Writ of
And fee there if Judgment be given; where Error be bror'ght. (See Tatdchin's Cafe, ( Mod.)
And
 50 Writ de Error.
which is the Default of the Juftices, the fame Court cannot reverfe the Judg-
ment by a Writ of Error, nor without a Writ of Error, but this Error ought
to be redreffed in another Court before other Juftices by a Writ of Error.
And he which confeffeth the Demandant's A&ion thall have a Writ of Er- K
ror to reverfe that Judgment, againft his Confetfion upon erroneous Judgment
given.
Yet note; . In Plea of Land againft the Tenant, and the Tenant dieth, he (a) who is L
9 H.7. 24. as Heir of the Tenant to that Land Ihall have a Writ of Error, and not he who
at the Cor is his Heir at the Common Law: As in Borough-Englih, if the Tenant lofe
mon Law thall the Land by erroneous Judgment, the youngeft Son fhall have the Writ of
have it. Error. (b) And fo he which is Heir unto the Special Tail fhall have the M
3H 4.19. Writ of Error, if the La.id be loft by erroneous Judgment: The Tenant
teDaught.
to the Tail may b..ve one Writ of Error, and the Vouchee another Writ of Error upon
brought Er- the fame Judgment; and fo the Tenant, and the Vouchee by Refceit, and
ror, aicho' a all depending at one Time. And an Executor or Adminiftrator fhall have aN
Son wereHeir Writ of Error upon a Judgment given againft the Teftator for Debt or Da-
at Common
Law. Vide mages. And fo the Heir fhall have a Writ of Error to reverfe an (c) Out-
i Ma. Dyer lawry of Felony pronounced againft his Father, to reftore the Blood betwixt
89, 90. him and the Father. And if a Man plead in any A6tion, and the Juffices.
2o Ed. 3. will not allow thereof, and the Party makes his Bill upon it, and prayeth,.
Fitz. Error z. that the Juftices will feal this.Bill of his (d) Exceptions or Plea; and if they
11K 4. 6S. d,

And in C. B. where, in the principal Cafe, a verted againft both. See a H. 7. 10. andfupra
ales was in Fa& awarded, but not entered on the Notes Pot. 21. C.
the Roll, it was amended after a Writ of Error (c) But he ought to fue a Scirefacias, that
brought, it being in the fame Term. 7 H. 6. 28. the Lord may feize for the Efcheat. 8 H. 6. g,
See z R. 3. 21. and 8 H. 6. 37- p1. 9. lt. Lib. Itr.3o8. b.
See Dyer 195. An Outlawry after Judgment Note; Error in the principal Judgment thall
reverfed, becaufe although a Capias lay on the reverfe the Acceflary, and ' contra. If a Judg-
Writ, yet the Procefs for it was not till after the ment be of Record againft a Parfon in Annuity,
Judgment difcontinued. And Note; If a Plea in a Scire facias againit the Succeffor, he Ihall
be difcontinued, and the Plaintiff be afterwards not plead in Bar of Execution, that the Judg-
Nonfuit, yet he thall have Error or Falfe judg- ment was erroneous, and if he does fo, Execu-
ment, as his Cafe is. 22 Ed. 3. 2. a. tion (hall be awarded; and if he after brings
(a) See accordingly 3 H. 4. 19. And that Error on the Judgment, if on the Scire facias he
the Writ thall be brought generally as Heir, aligns Error in the principal Judgment; this is
and that on Exception taken thereto, that he is not good, although the whole Record of the
sot Heir, he thall thew the fpecial Matter. See Judgment be recited in the Sire facias; and
9 H. 7. 24. b. contra, eviz. A. and B. his Wife, therefore if the Judgment be affirmed on the
are Tenants in Tail Special, and to their Heirs; Scire facias, yet he may have Error on the
they have Iffue C. A. dies, B. and C. levy a Principal, and thereby reverfe the judgment on
Fine, C. dies without Iffue, D. as Heir to C. the Scire facias, and he fhall be reffored to all
brings Error, &c. j. For that it does not ap- that he loft on the Scirefacias: Adjudged i i H.
pear that C. was Heir to the Wife, &c. 2. 4- 47. See 9 H.6. 13. accordant.
That he ought to make him Heir to A. for he (d) See ii H 4- 52. per Hulf the Bill of
may be only of the Half-Blood to C. And fee Exceptions is no Part of the Record, before
Vernays Cafe in Dyer 89. In a Suit brought as that it be acknowledged, (i. e. entered, &c.)
Confin and Heir, he thews how he is Heir. And ii H. 4. 65. By good Opinion, one of
(b) See 8 H- 4- 3, accordant; and if Judg- the Juilices may deliver the Bill into Coart
mtent be reverfed againit the one, it thall be re- withe:t a Scire facia; yet in that Cafe a Scire
< facias
 Writ de Error. 5I
do not according as is contained in the Statute of Weft. 2. cap. 3. th.e Party [ 22. ]
grieved fhall have a Writ of Error, and may affign Error upon that Bill fo
fealed, and alfo in the Record, or in one of them, at his Pleafure: But this
Bill ought to be fealed by the Juftices before Judgment given by them, and
not after, as it appeareth An. x x H. 4- 52, 65, 92.
A The Succeffor of an Abbot, Prior or Parfon, or fuch Bodies Corporate, Vide 3 H. 3.
hall have a Writ of Error of a Judgment given againit 0 their Predeceffor; th lan Cafe.
Vide devant
of all Things which touch the Succeffion or Corporation. But if a Man re- . L. M. N.
cover againft a Parfon or a Bifhop, Debt or Damages by Judgment or Ac- 16 Ed. 3.
tion Perfonal, their Executors fhall have the Writ of Error upon that Judg- Error 69.
ment, and not their Succeffors, becaufe that Matter doth not concern the Cor- a H. 8. 8.
ante M.
poration.
B If a Man fue forth Execution erroneoufly againft the Recognizor upon a 18 Ed. 3. 25.
Recognizance, the Feoffee of the Recognizor hall have a Writ of Error. '7 Ai. 24.
Enor 71.
(a) If a Man purchafe his Pardon of an Outlawry, yet he may have a Writ the Lord byYet
of Error to reverfe the Outlawry. H. I8 Ed. 3. (b) but if a Man do dif- E:cheat phall
C claim in a Precipe quod reddat of Land, and the Demandant doth recover, not have Er-
the Tenant fhall not have a Writ of Error againft his own Difclaimer : But ror. 15 Afi 8.
if he plead Non-tenure, and the fame be found againfe him, for which the an o d. 4.
Demandant recovereth, the Tenant ffhall have a Writ of Error. H. Ed. q. S,mm er thall
A Man condemned fhall not aflign Error in the Procefs ; but in the orizinal not L: £r-
Writ he may. ror.6Ed;37.
0 It is no Error to fuffer one to make Attorney in an Action in viw-h h ought Piz 3ror78.
not to make any Attorney. 7 H. 6. 2 1. 5 ltd. z. Error
fE (c) Upon Falfe Judgment given in the Common Pleas in 3 dI the Writ 89. no ErIor
of Error ought to be fued there; and returnable in the King's much in he_ (hall be
land; but upon a Judgment given in the King's Bench in Irid, th WNrit of ro;ght here
Error fhall be fued and returned in the King's Bench in bpglai
but upon De-
Exrorfaulr of Jufzicc
of the King's
Bench in Ireland. And note that it is faid, that there is no Original here, but the Kn.e revais there; and s;'
is 37 Aff. 5. Fitz. Aff. 328.

facias iffued, and the Juttices came and acknow- (a) Poel. zo4. G. See 24 Ed. 3. 42, 43. ac-
ledged their Seals; and it was heid, that this cordant. But he fball not be reftored to his
Acknowledgment of the Jufiices might be made Chattels againft the King; and Note, the Error
long Time after the Writ of Error brought, and there was a Difcontinuance of the Procefs. Sze
after the Scire facias awarded, and that no new 3 H. 4. io. accordant. Yet ;t cannot be al.
Scire facias thall iffue; for it is now become ledged at the Scirefaci, without the Charter
Parcel of the Record ab initio, as in the Cali (or Writ) returned, and the Plainti has counted.
of Diminution alledged after a Scirefacias. The ide pol?. i 04j. G.
Defendant thall not alledge Diminution in the (b) See 3 H. 4. co. 19 Ed. 3. E'ror 75.
Bill of Exceptions, but ought to hrve thewn his 6 Ed 3. 7* 36 Ed. 3. Error 6 and Sz.
Cafe when the Jufices came to fet their Seal. (c) Of Et rors to reverfe Judgment in iscland4
See I H. 4. 92. fee Sboever'5 Parliament Cafes.
See alfo ii H. 4. 67 and Note, is H. 4. 92. And t "verfe a Judgment of Reverfal g*ver
per Gafcoign, and Half. it was held clearly, that in the k - Bench in Ireland, fee 3 4 4Y 7.
the Bill may be fealed after the Record removed
by Writ of Error.

(a) Whnr
5't Writ de Error.
(a) When the Record cometh into Court by a Writ of Error, the Plaintiff
tlhall affign his Error, and fhall have a Scire facias before the Record fhall be
entered ; for the fame fhall not be entered before the Parties have Day by the
Scire facias.
And the Procefs in this Writ is Alias and Pluries, and upon that Attach- G
ment thall be awarded againft the Judge, who ought to return the Record to
whom the Writ was direfted: And the Pluries may be returned into the Com-
mon Pleas, or into the (b) Chancery, if the Pluries iffueth to the Juffices of
the Common Pleas to remove the Record; and if the Writ iffueth to ano-
ther bafe Court, the Pluries ought to be returned into the Chancery, or into
the fame Court where it is made returnable. And if it be returned into the
Chancery with the Record, the Chancellor hinifelf with his own Hands may
put the Record into the Common Pleas without any Writ of Mittimus there-
unto, and that as well as if he had fent a Mittimus with the Record (c).
Error

(a) Here Note; If the Record be removed for 37 4: 5. 17. Fol. 22. See Danxvrs's General
Error, but the Party does not affign his Errors, Abr. Tit. Error.
he who recovers may have a Scire facias for Where a Writ of Error thall be a Superfe.
Execution; and if he has Execution awarded by deaj, &c.- If the Party be in Cufltody on a
Default, yet the other may come and align Er- Capias ad computandum, he Thall not be taken
rors in the Parliament, and then have a Scire out of it by a Writ of Error. 21 H. 6. 26.
facias ad audiend' Errores. 9 H. 6. 13. See Note; i. If after Judgment Execution be
accordant 17 Ed. 3 . 2 1. awarded, and Error brought, and then the Party
Note; A Scire facias ad audiend' Errores thall is taken, he is well taken, for a Superedeas
iffue againft the Tertenant and Heir of him ought to have ifued (upon the Writ of Error)
who is Party to the Record; but the Heir is out of C. B. direaed to the Sheriff; for the
Plaintif, and by his Death the Scire facias Thall Writ of Error is no Saperfedeas as to the She -
abate. Note; The Plaintiff may eled a Scire riff, but if the Party removes the Record, he
facias againfit the Heir only, and after Reverfal may find Sureties, and have a Superfedeas (di.
to him take another Scirefacias againit the Ter- reaed to the Sheriff) out of B. R. 2o H. 6.,
tenant ad audiend' Errores, or he may take it 7 H. 6. 42, 44-
againfi both together. 47 J9' 4. But Note; If no Execution be awarded; i.
(b) The Chancellor may fend the Record into The Writ of Error is a Superfedeas to the Award
C. B. 17 Ed. 3. 21- 5 H. 5. 1. in a Certiorari. of Execution ; but if the Party be Nonfuit, and
See 9 H. 6. 4. that Part of a Record may be brings another Writ of Error, this is no Super-
delivered to the Juftices of B. R. by the Chief fedas to the Award of Execution, nor thall
Juftice without a Writ, when the other Part was any Superfedeas be direaed to the Sheriff on this
delivered by Writ. fecond Writ; and yet if he fends the Record
(c) What Record thall be removed by Writ of into the King's Bench on this fecond Writ, he
Error ? Thall have a Superfedeas there on Sureties found.
Note; If Judgment be given in a Frauchife, 2o H. 6. 4. 19 H. 6. 8. But if the Writ of
or inferior Court by Writ of Error, the Origi- Error be difcontinued by the not coming of the
nal thall be removed; but if it be given in C. B. Juffices, &c. the fecond Writ is fuperfeded.
the Original thall not be removed without a fpe. 6 H. 7. 16. But if a Judgment be given in a
cial Writ (for its Removal). 34 AV 7. Yet fee Zare impedit, and the Party fues out of (or
an Original not removed in cafe of Error brought on) the Rolls a 9uare non admijt, and pending
on a Judgment in Oxon. in a Writ of Right, for this the other brings a Writ of Etror, the Re.
that if the judgment were reverfed, the Party cord thall be fent notwithftanding this Writ ;
might proceed on the fame Original in Oxon. or and when the Record is fent, the Quare non ad-
he might pray a Writ to remove the Original m/it being a Judicial Writ, and all the Proceed-
into B. R. and. fo proceed thereon in B. R. ings thereon are determined ;. for by Reverfal of
the
2
 54
Error in London.
H OTE, that if any erroneous Judgment be given in the Courts before Nat. Brev.- 7.
-

the Sheriffs of London, the Party grieved fhall have a Writ of Error Ante 21.
out of the Chancery dire&ed unto the Sheriffs, to bring that Record before AFeme Co-
the Mayor and Aldermen in the (a) HuftHuftings is a ""n te
Court holden before the Mayor, &c. And there the Record fhall be exa- common
mined: And if there be Error, they fhall reverfe the- Record there by the Pleas to ac-
Cuftom of the fai4 City. And if the Sheriff, after the Record. is removed knowledge a
before the Mayor, &c.. in the Huftings,. will award Execution upon the Re- ed Deed inroll-
- where.
cord againft the Party, the Party againft whom the Execution is-awarded they have not
fhall have a fpecial Writ- out of the Chancery direaed unto the Sheriffs, that Power to exa-
they take fufficient Sureties of the Party to. fatisfy the King, and alfo the mineherwith-
Party, of that which appertaineth unto then, if the Judgment be affirmed, out a Writ,
and that, they fhrceafe to do Execution; and if they have taken the Party in rfor it is
Execution, that they deliver him out of Prifon. And the Form of the Writ not adjudged,
is fuch:- if it be Error
or not. Qware
the Ufage at this Day. So of an hfint. zi Ed: 3. 29. Br. Error 6'z. Vide 3 z If. 8. That a Statute nor
Peed inrolled thall not be taken by the Common Law of an Infknt or Feme, Covert.. Contra by the Cuftom of.
London, per 29 H. 8. 23. and 7 Ed. 4 5. Lit.

the King to the-Mayor and Sherifsj of London, greeting: t is #wx unto ur

on the Behalf of R. &c. that whereas according to the Cuftom in the City afore-
faid, in Cafe when axy Perfon, eitherPlaistiffor Defendant, complains that in a
Plaintwhich was in our Court before the Sherifs of the City aforefaid,' any Errors
have intervened, and would remove the Record and"Procefe of' thf Paints for
Gaufe of Error intervening into the Hffings of the City aforefaid, to have thofe
Errors correfled; the 'Sherifs of the C y ought to Juperfede the Execution of the
former frdgment before them given, pending the Records and Procefs of thofe
Plaints indiftufed in the Huftings ; and we lately, at the Profecution of' the afore-
mentioned R. fuggefing, having been informed that manifefl Error.had.intervened!

the firft JudgUsent, alr that depends thereon is Iffue found ffor the Plaintiff,* the Defendant had
reverfed; and the fame Law is in a Scirefacias a Writ of Error on the original Recovery; yet
to reverfe a Judgment. See 26 Ed. 3- 75. and Judgment thall be given in the Scire facia, that
2 . 6. 4. See affo Stat.S Jae. i. c. 8. Execution Thall be -awarded, fed jc/et Executio
A Scirefacies ifthed upon a Fine, the Tenant until the Record affirmed. io H..6. 6. per C4g.
made Default, and at the Day given a Writ of Note; This 8tire facias is- in Nature of a
-Error was brought on the Fine; no judgment new Original, as if one recovers in Alife, and
Ahall be given on the Sdtrefacij, but the Plain- after brings a Re-diffgifin, and afterwards Etror
tiff may have Debt on a Recovery, although the is fued of the Judgment given in nthe iAllife; ;yet
Record be removed by Error, eithat pendingor the Sheriff fhall go to the Judgment in the Re-
before the Writ of Debt brought; for the Writ diffeifhi, becaufe it is in Nature.of a.new Ori-
of Error is as a new Original. ginal' See 9 H.,. 13.'
On a Devalai on .a Judgment in Debt (o) 'Vide Rot. PArl. 8 Ed. 2., Wi,. y7 ths.Cafe
agjinfExecutors, a Grire faciasfikfed., and on of 7qb. Bawveature.
Ind
54 Error in' London.
in the Record and Procefs of a Plaintwhich was before you the afore/aid Sherift
in our Court of the City aforefaid by our Writ, between A. and the aforefaid R.
for that, that the faid R. &c. commanded you, that you }hould caufe the Record
and Proce/s thereof to come before you in the Huflings aforefaid, to corre& the
Error, if any fhould be ; neverthelefs you the Sherifs (pending the faid Plaint of
Error indi/cujfed in the HufJhngs aforefaid) unjufly caufe Execution of the former,
Judgment to be done, to the no fmall Expence and Grievance of the faid R.
Therefore we command you, that if it fo be, that the fame R. fhall find you faf-
ficient Security as well to faisfy to us of that which belongs to us in this Behalf,
as to the aforefaid A. of the zirrearagesand Damages adjudged to him in this Be-
23. ] half, if the firfl 7udgment fjall happen to be affirmed, and further to do and re-
ceive that which our Court fhall confider in this Behalf; then fuperfede the doing
Execution of the former Judgment pending the Plaint of Error above-mentioned
in the Huffings ajorefaid. And if the faid R. be taken and detained in our Prifon
by occaion of that Judgment, then that you in the mean time caufe him thefaid
R. to be delivered out of the Prifon by the Security aforefaid, if he be detained in
the fame upon the Occalion aforefaid, and upon no other, that he may be able to
profecute his faid Plaintof Error. Witnefs, &c.
And it appeareth by this Writ, that a Man tball have an A&ion againft A
any Perfon in London, by Original out of the Chancery direded unto the She-
riffs of London, and that they fhall hold Plea thereof. And a Man fhall have B
the like Writ of Error upon a Judgmeit given in London before the Sheriffs
by Plaint fued there before them, without any Writ original fued, &c. And
the Writ of Error thall be directed unto the Mayor, and alfo to the Sheriffs,
although that the Judgment be given in the Sheriffs Court before them, to
remove the Record into the Huftings to reverfe it there, if, &c. And the
Form of the Writ fhall be thus:
The King to the Mayor and Sherifs of London, greeting, &c. Becaufe in the C
Record and Procefs, and alfo in the giving of Judgment of the Plaint which was
in our Court of the City aforefaid before you the aforefaid Sherifs without our
Writ accordirg to the Cuffom of the fame City, between A. and R. of a certain
frefpafs to the fame A. committed by the aforefaid R. as it is faid, manifeft Er-
ror hath intervened, to the great Damage of him the faid R. as we have received
from his Complaint : We being willing that the Error be correted in due Manner
(if any jhall be) and full and fpeedy Juffice done to the Party a/ore/aid in this
Matter, command you, that if Judgment thereof be given, then that you caufe
the Record and Procefs of the Plaint aforefaid to come before you in our next
Hufings of the fame City, and the fame to be recited and diligently examined in
the Prefence of the aforefaid Parties to be warned hereupon by you the faid She-
*iffs to be prefent, if they will, and the Error (if any Jhall be) in this Matter to
be correted in due Manner, and full and /peedy Juflice to be done thereupon to
the Partiesaforefaid, as of Right and according to the Cufom of the City afore-
jaid ought to be done. Witnefs, &c.
And the Writ of Superfedeas unto the Sheriff, to ceafe to do Execution pen- D
dent the Writ of Error, may be made and contained in the fame Writ of
Error which is diredted unto the Mayor and Sheriffs to remove the Record
into the Huftings.
And
 Error in London. $5
E And if erroneous Judgment be given in the Huftings in London before the 34H.6. 42.
Mayor and the Sheriffs there, then the Party who will fue to reverfe the Judg- When Error
ment fhall come into the Chancery, and there fue p Commiflion dire6ted to uegmeun be-
Perfons. to examine the Record,. and Procefs, and the Errors,, and thereupon fore the May-
to do Right. And the Commiffion ihall be thus:. or, it shall be
at S. Martials,
and then the Mayor and Aldermen thal have forty Days to be adifed ,of their.Records, and the Recorder fhal.
record the fame Ore tenaj.

(a) The King to his beloved, &c. R. and S. greeting: We have received Infor--
tiation on the Behalf of B. that in the Record and Procefs, and in the giving of
judgment of the Plaint which was before the Mayor and:Sherifs of London in
our Hulings there without our Writ, between C. and the aforefaid B. of a certain
Trefpafs, &c. committed, as it is faid, manifef Error hath intervened: We, in
Defell of the fame Mayor and Sherifs, being willing that Error be in due Manner.
correled (if any fball be) and that Fullnefs of 7uflice be done thereupon to the
Parties, do align you our 7uflices, together with thofe whom we. have a ociated
with you, to examine the aforefaid Record and Procefs, and to correft the Error
(if any fhall happen to be found in them, or in the giving of 7udgment of the
Plaint aforefaid) and to do full and fpeedy .7ufice thereupon to the Parties, ac-
cording to the Cuftom of the City aforefaid ; and therefore we command you, that
at a certain Day which you fall prefix for this Purpofe, you go to Saint Martin's
le Grand, London,. and that in Defeft of the aforefaidMayor and Sherif you do
the Things premifedto be done in Form aforefaid, &c. according to the Law and4
Guftom of our Realm, and -of the City aforefaid; faving, &c. We command, &c.
the fame Mayor and Sherifs,. that at a certain Day whereof you jhall' give them
Notice, they caufe the Record and .Procefs of the Plaint,aforefaid, with all Things -
touching them, and the Parties aforefaid, to come before you, at the.Place afore- .
faid. In !reflimony whereof, &c. Witnefs, &c.
F, And upon this Commifflion the Juftices- thall award a .Precept unto the
Mayor -and Sheriffs, to fend the Record and Procefs before' them at a certain
Day, and to warn the Parties to be before the Juftices at the fame Day, &c.
And the King fhall fend another, Writ -unto the Mayor and Sheriffs, to have
the Record and Procefs before the faid Juftices at, the Day- affigned by the
Juftices by their Precept made unto the Mayor and Sheriffs. And upon this
Commiflion the King .may, make Affociation, and another Writ 'Si'non omnes
direated unto the Juftices tot proceed, .although that fone of ithem do, nott
come, ,as he fhall do in an. Aflife, or in Oyer and Terminer, .&c.
G And a Man fhall have a Commiffion to. examine the Errors, and Judgment
given in the Huftings in the Time of another King, and ilr the Time of ano-
ther Mayor and other Sheriffs; and the Form of the. Commiffion is fuch: - ' ,
The King to his beloved, &c. Becaufe we have received.Informationwon the Be-
half of B. that in the Record and Procefs, &c. (as above, until) do afjign you,
three or two, of you, our Juflices,- to jupervife and examine theRecord -and Pro-
refs of the Plaint aforefaid, in the Prefence of the now Mayor and Sheriffy of the'-
City aforefrid, to bc warned, hereupon by you to be prefent, -fthey will,, pt,'tte

(4 See the Parljqent Roll, 22 , j. W.g Dar/p. 0 , -

 56 Error in London.'
Church of Saint Martin le Grand, London, &c. (as in the Commimflon next
-above, until) and therefore we command you, that at a certain Day which you
fhall prefix for this Purpofe, you go to the faid Church of Saint Martin le Grand,
London, and do and explain all and fingular the Things premijed to be done in
Form aforefaid, &c. according to the Law and Cuflom of the City aforefaid;
faving, &c. We alfo command the fame now Mayor and Sherifs, that at a certain
Day whereof, &c. you Jhall give them Notice, they caufe the Record and Procefs
[ 24. J of the Plaint aforefaid, with all Things remaining in their Power touching the
fame, as it is faid, to come before you, &c. at the Place aforefaid; and we com-
mand the aforefaid Sheriffs, that they give Notice to the aforefaid B. that he may
be then there to hear the Error, if any be in the Record and Procefs afore/aid, &c.
(as above in the Prerniffes). Witnefs, &c.
And upon this Commiffion the King fhall fend another Writ unto the
Mayor and Sheriffs of London, to fend the Record and Procefs before the faid
Jufhices, &c. And the Writ in the Beginning thereof Ihall rehearfe the Effed
of the Record and Procefs, and alfo it fhall rehearfe the Commifflion which
he hath made to be directed unto certain Juftices, to examine, &c. and to do
Juffice thereupon: And then he fhall fay in the End of the Writ, And there-
fore we command you, that at a certain Day, of which the fame R. F. and S.
or two of them, jhall give you Notice, you caufe the Record and Procefs of
the Plaint aforefaid, with all Things touching the fame which remain in your
Power, as it is /aid, to come before them, or two of them, at the Place aforefaid;
and do you the aforefaid Sherifs give Notice to the aforefaid A. that he may be
then there to hear the Error (if any fhall happen to intervene in the Record and
Procefs aforefaid, or in the giving 'fudgment of the Plaint aforefaid) and further
to do and receive that which our Court Jhall confider in this Behalf: And have, &c.
And if a Man hath Judgment given for him in London Iefore the Sheriffs A
in their Courts, or before the Mayor and Sheriffs in the Huftings of London,
and the Defendant, to delay the Execution of the Judgment, fueth a Writ of
Error to remove the Record before the Mayor, &c. and after the Party De-
fendant who fued that Writ of Error, will by fubtil Means convey his Goods
out of the City, or otherwife wafte them, to the Intent that the Plainant may
not have Execution of his Goods ; then the Plainant who had Judgment to re-
cover thall have a fpecial Writ dire&ed unto the Mayor and Sheriffs, that they
provide that the Goods amounting unto the Value of what is recovered, be
fafely kept to fatisfy the Plaintiff, if the Judgment be affirmed for him ; fo
that Execution may be done of the firft Judgment upon the fame Goods.
And if Judgment be given before the Sheriffs of London for the Plaintiff, B
and the Defendant fueth a Writ of Error, and removeth the fame before the
Mayor and Sheriffs in the Huffings, and when he hath removed it by a Writ
of Error, if he will proceed no further upon the Writ, &c. then the Plainant
who recovered fhall have a fpecial Writ unto the Mayor and Sheriffs, that
they proceed unto the Examination of the Errors, and to do Execution, if
the Judgment be affirmed. And upon that Writ he fhall have an Alias and
a Pluries, vel Caufam nobisfignifices in the Pluries, if he will not proceed, &c.
And this Writ was devifed by Parning, then Lord Chancellor, and by him
diligently examined, as it appeareth by the Regifler.
And
 Error. Y7
C And if Falfe Judgment be given in Ireland, the Party may fue a Writ of Ant. 22. i.
Error in the King's Bench in England; and the Writ ihall be fuch:
Tbe King to his beloved and faithful A. his 7fafice of Ireland, greeting: Be-
caufe in the Record and Procefs, &c. Error, &c. to the great Damage of him
the faid B. as we have been informed by his grievous Complaint: We, &c. that
you fid to us the Record and Procefs of the Plaint aforefaid, with all Things
touching them, under your Seal deflinhlly and openly, and this Writ, fo that we
may have them (fach a Dy) &c. that we infpefning the Record and Procefs afore-
faid may further caufe to be thereupon done that which of Right ought to be done.
And do you give Notice to the afortfaid S. that he be then there to proceed in the
Plaintaforefaid, and to do and receive that which our Court]hall confder in the
Premsfes. Witnefs, &c.

Error.
D 'HE King to his beloved and faithful I. of T. greeting: Becaufe in the Re-
1 cord and Procefs, and in the givinx of 7edgweent of the Plaint which was
before you and your Companions our fuftces of the Bench, by our Writ, between
A. and B. of a Record and Procefs of an 4fife of Novel Defeifin, which was
fummoned between them, and taken at S. before our beloved and faithful I. of I.
and his Companions Juflices, affigned, &c. concerning Tenements in W. which Re-
cord and Procefi we indeed for certain Caufes caufed to come before you, sanfeft
Errorhath intervened, to the great Damage of him the faid A. as we have been
informed by his grievous Complaint: We being willing that the Error (if any Jhall
be) in this Behalf be correted in due Manner, and that Jufice be done thereupon
to the Parties aforefaid, as it ought, do command you, that if (a) 7udgment
thereof be given, then that you fend to us as well the Record and Procefs of the
Plaint aforefaid fo had before yourfielves, as alfo the Record and Procefis of the
Ai/fe aforefaid fent before you, With all Things touching them, underyour Seal,
&c. fo that we may have them, &c. that having infVeed, &c.
E And this Writ of Error lieth where the Aflife pafeth in the County before
the Juftices of Aflife, and afterwards it is removed into the Common Pleas,
and there is Judgment given: Now the Party may fue this Writ of Error, if
there be any Error in the Matter; and upon that he may have an Alias and
a Pluries, if the Juftices will not reltify the Record, &c.

(a) So that if the fe4 of a Writ of Error be P, A. yet where there was a Defec (of Power)
before the Judgment, it is no Superfedeas. za H. in the Court where, by Law, they ought to be
6. 6, 7. originally held, they might be held in B. R.
See a Writ of Error returnable in Chancery, As if a Record be brought (into B. R.) out of
and the Record fent thence by Mitizmui into B. R. the Common Pleas by Writ of Error, there they
5o 4r 4 . may hold Plea thereof to the End of the Suit.
Note; Error on a Judgment in Aflife does not So if a Flea on a Writ of Right be removed out
lie before thq Jultices of C. B. For they have of the County Court by Pone into O. P. And fo
no Power to write to them. Dyer 250. per Cue. it is, if ,on a Writ of Mefae, Replevin, or Na-
See Mag. Char. e. st. Co*mwmuia placita on tieo babemA, a Sicut pluries be awarded return-
fiquanter Curia= seram fed tenetratur is allyZa able in B. R. Seea i I. 4. 49. per Hadford U
serto loco.-Here we may note, That although peisno; and fte F,. X A* 3. 10 H.
Common Pleas could not be held immediately in
I And
y8 Error.
And if the Juftices of that Bench, or other Juftices, upon the Wr& of Error A
will not certify all the Record, then the Party who fuech the Writ of Error
unto the Juftices
2 3. 1 may alledge (a) Diminution of the Record, and pray a Writand the Writ fhall
who certified before the Record, to certify all the Record;
be fuch:
The King to his beloved and faithful W. of T. greeting: Whereas at the Profe- B
cution of 1. of H. fuggefling to us that manifeft Error had intervened in the Record
and Procefs, and alfo in the giving of Judgment of the Plea which was before you
andyour Companions our Juftices of the Bench,, by (b} our'Writ, between W. of T.
(c) Demandant, and I. of R. (c) Tenant, of fifteen Mefuages with the Appurte-
mnces in S. We lately commanded you, that if Yudgment thereof was given, then
you fhould fend to us, under your Seal dflinly and openly, the Record and Procefs
of the Plea aforefaid, with all Things touching them, and our Writ which there-
upon came to you, fo that we might have them on the Morrow of Saint Martin laft
paft, wherefoever we Jhould then be in-England ; and now on the Behalf of the
aforefaid I. of H. it is fhewn unto us, that although under Pretence of our faid
Writ you may have fent before us on the faid Morrow the Record and Procefs afore-
faid in fome Part thereof, yet other Part of the fame Record and Procefs, and alfo
certain other Things touching them, fill remain before you to be fent, to the no,
fMall Damage and Grievance of him the faid I. of H. Therefore, if fo it is, then.
we command you, that you fend to us, underyour Seal drjlin7ly and openly, the
Refidue of the Record and Procefs aforefaid, and alfo all other Things touching
them, which, as is before faid, remain before you to be fent, and this Writ j fo
that we may have them, &c. (as above).
(a) It is a general Rule, That after A sidle fendant by Nil dicit, and then the- Diminution,
Erratum pleaded by the Defendant, no Dimi- alledged, and the Certiorarigranted at the Prayer
nution can be alledged: So is i Cro. Robfert verf. of the Party, came Time enough. And note the-
Andrewx, Brer and Beerbers Cafe, Moor 700. Reafoa given in 7 Ed. 4. 25. by the Judges,
and Dayreland Tyss's Cafe, i Leonard zz. See Why after In mllo Erratum pleaded, Diminution
32. 1 O.36. 5 Co-37,&c* cannot be alledged ; viz. Becaufe it appears by
7 Ed. 4 . 25. 9 Ed.4-
But tho' fuch Diminution cannot be alledged, the very Record, that all' the Parties thereto are
nor a Certiorarigranted (after I nullo Erratum, agreed, that it is a true and perfe& Record, and
&c.) at the Prayer of the Party upon Record, therefore the Parties thenfelves thall not be ad-
yet it may be granted- on Information given to mitted to contraditt their own Agreement, ap-
the Court by any Perfon (as an Amicus Caria, pearing in the Record: Yet it feems the Court.
&c.) of the Defedt in the Record . But this is on Information, utfupra, may take Notice of the
in the Judgment and Dikretion of the Court, as Diminution, and then ex felia are to award a Cer-
was held in Weaver and FAlion's Cafe; entered tiorariadinformandanconfrientiamCaria. 9aeres
Hill. i Car. i. Rot. 647. B. R. where the De- If a Writ of Error is brought in C. B. of a
fendant pleaded an I null Erratam, and then Judgment in an inferior Court, and the Judgment-
alledged Diminution, and prayed a Certiorari, is there afErmed, and then a Writ of Error is
which at firit was granted, and the Record cer- brought in B. R. on the Judgment fo affirmed ;
tified, &c. But before this was entered of Re. in that Cafe no Diminution can be alledged of the-
cord in B. R. the Court were informed thereof, Record in the inferior Court: For now the Judg.
and refufed to receive it, becaufe it came in at ment in C. B. is only in Queftion. So refolved'
the Prayer of the Party, which it ought not to Paf soja. . B. R. Banxilierand Kennedf's Cafe.
do: But upon Information (by one as Amius (b) But if the Writ of Error, ffe. were in the
Curia) they granted it; and at the fame Time Time of another King, then th6 Form of thii
they looked into Biybop's Cafe, 5 CO. 37. b. where, Writ is otherwife. Dyer os-.
though my Lord Cole reports, That after AI /all (c) It is fufficient to name them fo, without
Erratum pleaded Diminution may be alledged, ftying Filius & Ha'res, or Afgnatus. Yet Error
yet in the Cafe cited there wAas no In nullaErra- was brought on a Recovery in Covenant againftl
oum pleaded, but Judgment was againft the De- one and his Aflignec. 1er 356.
l .Dedirnus
 59
Dedimus poteftatem de Attornato faciendo.
C IT feemeth, that before the Statutes which gave Power unto a Man to make Polt. ij6
I an Attorney, the Juftices would not fuffer that the Plaintiff, or the Defen-
dant, or the Demandant, or the Tenant, fhould make Attorney in anf Ac-
tion, Suit or Bill, in any Court of Record, nor in any other Court which
was not a Court of Record, becaufe the Words of the Writ do command
the Defendant for to appear, &c. and that was always taken to be in proper
Perfon.
The Form of Entry in every Aaion for the Plaintiff, or Demandant, is:
And the aforefaid Plaintifhath on the fourth Day ofered himfelf, &c. and the
aforefaidDefendant cometh not; therefore it is commanded to the Sherif, that, &c.
by which it is taken, that the Plaintiff was to appear in proper Perfon. But
now by the Statutes he may make Attorney in a Court Baron, or other Courts; W. 2. c. z.'
and may make Attorney for Suit Perfonal at the Hundred, or other Court
Baron; but for Suit Real at the Leet, or at the Sheriff's Torn, he cannot do
it by Attorney, but he ouight to do the fame in proper Perfon. But it feem-
eth that the King by his Prerogative, and before the Statutes, might give
Warrant unto a Man to make Attorney in every ATion or Suit, and that as
well unto the Demandant or Tenant, as unto the Plaintiff or Defendant; and Br. Attorn.a
that he may direat his Writs or Letters unto theJudges of Courts, commanding 84.
them to admit and receive fuch Perfons by their Attorney, and that the Judges
are boupd to do the fame. And it feemeth one Caufe is, becaufe it thall (a)
not be Error, if the Judge do admit any (b) Plaintiff or (b) Defendant to
make Attorney in any Suit or Aftion, in which by the Law he ought not to
make Attorney: 'Qbd vide in Title Error, H 36 Ed. 3. and Title Attornq,
l'. 3 7 H. 6.
D And if Tenant for Life be impleaded in a Pracipe quad reddat, he in the 37 H. 6. 27:
Reverflon may pray to be received to defend his Right upon the Default of
the Tenant, or upon his faint Pleading, and there he cannot pray to be re- Br. Attorn. x.
ceived by his Attorney. But if he bring a Writ unto the Juftices out of the 81-
Chancery, teftifying that he hath made Attorney there, and rehearfe the Cade 5 H. 7. 9-
whereof, that is to fay, becaufe (c) he is fick, or other reafonable Caufe, and
commanding

(a) Vide ante z. . 8 Co. go. b. II H. 4. But if the Writ be ad redpied' Atorn ad de-
29. 22 H. 6. 13. 244d. 3. z. I fended, &c., Si contingeret that the lairon makes
(b) Where he may appear in Perfon. See Default at fuch a Day. If in cafe the Baron
36 Ed. 3. F, Error 86. 37 H. 6. 27. But to does not make Default, but appears, and ren-
admit one who is within Age to appear by At- ders, and afterwards Ihe makes Default, &c. the
torney, is Error. 2z H 6. 3 i H. S. 6. thall not be received by Attorney, but ought to
Dyer 262. have her general Writ. 9 H. 6. 37.
(4 See i8 Ed 3. 47. in the Cafe of the Earl tie; There are three Cafes of Refeeit, viz.
of Glucefqer, who being fick, &'. his Attorney 1. Zia Pren. 2. Quia Recife. 3. Qia
found Sureties for Iffues, &c. becadfe the War- in pericel liMor. And that the Writ being,
rant was adfadend' quiquid predia' Comed fa- .dccefpimus, &c. & le4le lefimonimt toefataar
ceret /fiprafens efet. See 4 H. 4. 1. a H. 6. z8. quad Uxor, &r. ita infbrmatar, &r. is good.
And fo it is of a Reclufe or Feme overt. 19 H.,6. 4.6. 4. 6.
Note
 6o Dedimus poteflatem de Attornato faciendo.
Pof, 27. D. commanding them to receive fuch Perfon by Attorney for him in the Rever-
Plow. 7 6. fion; the Court ought and is bound to receive him by his Attorney. And it
Polt. 27. 8. is not material, whether the Caufe put in the Writ be true or not, for it is not
traverfable, &c.
Aliter2 7 H.8. And the King by his Letters Patent may licenfe a Man to make a general E
Br. Attorney Attorney in all Pleas moved and to be moved, and in whatfoever Courts: And by
84. 'his Letters Patent he may exprefs who thall be Attorney, &c. or may grant
to make Attorney whom or who he will, without naming any Attorney by
his fpecial Name.
And the King by his Writ may fend to any Perfon to rective Attorney for
another, fuch Perfon generally as the other will name, or fuch Perfons fpeci-
ally ; and that may be as well for the Demandant or Plaintiff, as for -the De-
fendant or Tenant.
Regiller 9. And the King may give Authority unto one Perfon to receive Attorney for
84. Attorne another in all Pleas and in all Courts, for two or three Years. And the King
tended of the may grant a Dedimus potefiatem to receive Attorney for another, for a fpecial
King'sCourt; Caufe recited in the Writ, becaufe he is languilhing, or lame, or dectepid,
for it doth not &c. or fuch other like fpecial Caufe. Or he may grant a Dedimus poteftatem
extend to bafe in the Generalty to receive Attorney for another in all Pleas, without expreff-
Courts, as
Court Baron, ing any Caufe in certain wherefore he doth fo.
&C. And alfo it appeareth by the Regifter, that the King by his Letters Patent F
may grant unto the Prior of Saint 7obn's of 7erufalem, that he may make
Vide 32 H. 6. two of his Friars, and name them, &c. in his Place, which is in the Place of
2a. a Pro6tor; that the two Friars fhall make Attorney for the Prior in every
[ 26. ] Aaion which is pendent, or to be brought againft him in any Court, &c. and
for to challenge his Liberties, and for to defend them.
And alfo the King by his Letters Patent may grant unto an Abbot, for the A
Devotion that he oweth to the Houfe, that he may make a General Attorney
for all Pleas and in all Courts; and the faid Abbot may remove him and put
others in his Room, as often as it thall feem good and needful for him fo to
do: And to by this it doth appear, that the King may grant unto all his Sub-
je6ts to make Attornies in the fame Manner, without putting or fhewing any
Caufe in the Letters Patent.
Note; When an Attorney is made, he continues And Note; When Judgment is given againt
fo always pending the Plea. If the Tenant makes the Tenant, after the Judgment the Warrant of
an Attorney in C. B. and afterwards Conufance his Attorney is determined: But the Deman-
is granted, he thall be Attorney for the Tenant dant's Warrant of Attorney is not expired by the
in the Franchife alfo; and therefore the Tenant Judgment; for he may fue Execution within the
cannot be effoined., Adjudged, becaufe he had Year; but after the Year he cannot fue out Exe-
an Attorney to remove, &e. So an Attorney in cution without a new Warrant. See 8 Ed. 3.
C. B. is alfo Attorney at the Nif priw. So an p. penalt* 33 H. 6. 44. 4- 34H. 6. p. a. b.
Attorney made at firft by the fenant thall be A Warrant of Attorney againft the Tenant or
Attorney in C: B. after the Plea refummoned; Dekndant thall ferve againf the Vouchee or
and yet in none of thefe Cafes is the Attorney Garnitbee. But by Riill, not for him who in-
bound to travel, &c. And expreily by Banks, terpleads with another in a Writ of Ward; fud
If the Tenant appear by Attorney in C. B. and Briax coneft. 7 H- 4. . l. adjudged 9 H.
Judgment is given againft the Defendant on an 4. 9, & And therefore in the Cafe of Inter-
erroneous Procefs, and then the Record is re- pleader it mult be faid exprefaly, That he is
moved by Error into B. R. and the Errors re. Attorney to caufe his Mafer to appear, &c.
dreffed, fo that they are to plead again upon the
Original, the Attorney made by Warrant in C. B.
thall ferve alfo inB. R. as . 17. And
 Dedimus poteftatem de Attornato faciendo.
B And it appeareth by the Regifter, that the King may grant the fame as
well by Letters Patent under his Privy Seal, as by Letters Patent under his
Great Seal.
And when the King makes a General Grant unto an Abbot, or unto any
other, to make fuch General Attornies, then it feems the Abbot [hall come
into the Chancery, or thall fend his Deed under his Seal unto the Chancellor,
witneffing that he hath made fuch and fuch Perfons his Attornies, &e. And
thereupon the Chancellor thall make Letters Patent unto the Abbot, teftifying
that he hath made fuch and fuch Perfons his Attornies in all Pleas and Courts;
and upon thefe Letters Patent thewed unto the Court, the Judge ought to ad-
mit and receive thofe Perfons for Attornies for the Party ; and thefe Letters
Patent thall be entered upon Record in the Chancery.
C And the King may fend his Writ unto the Juftices of the Common Pleas,.
or unto the Juftices in Eyre, or other Juftices whatfoever, teftifying that fuch
a one hath made his General Attorney in all Pleas and Quarrels moved againft
him or by him, and alfo to challenge his Franchifes, or to defend his Fran-
chifes, commanding the Juftices by the Writ that they receive him for At-
torney, &c.
There is another Writ alfo in the Regifter, That the King by his Writ thall:
command his Juffices in Eyre, that they admit and receive the Claim of fuch.
a one to certain Liberties, whih he Ihall make and claim before them by
his Attorney, becaufe himfelf cannot be perfonally before them at the Day.
D There is another Form of Writ to the Juftices, that they admit fuch a one
by his Attorney, whom the faid Party fball make his Attorney by Letters Pa--
tent under his Seal.
(a) And a Man may make his Attorney before the Juftices,., without, ma-
king an Attorney in Chancery, or without fuing any Writ unto the Juftices,
commanding them to admit any Attotney for the Party,. Plaintiff or Defen-
dant ; as the common Courfe is at this Day for an Attorney for every Party
to appear in every Manner of Ation, that they can appear by Attorney, and
(b) put in their Warrants without any fuch Writs, if not,. that. they be in
Writs of Entry in the Poft, or Writ which is by Covin between the Parties,.
or a Writ of Right: Then the Juftices in Difcretion do not admit any. Man
to appear as Attorney for the Party Defendant, unlefs the Defendant do before
fome Juftice confefs him to be his Attorney,. and that the Juftices do record
the Warrant, or otherwife that he bring a Writ out of the Chancery, teftify--
ing that he hath there made Attorney,. commanding them to receive him for
his Attorney,

(s) Note; An Infant thall not be admitted to Jadge wix. if his Makler would affeant, and after
he Attorney. i H. 5. 6. the Appearance the Mafer afieRted, &c. 7 H.
(b) If one appears by an Attorney who has no 4. 4. held good; and feels H. 6. 42.
Warrant of Record, yet if he was admitted be- The Juftices of C. B. may record a Warrant
fore by a Juitice, and is afterwards eatered, it is of.Attorney taken before a Judge, of f8. R. not-
good. 4 Ed. 4. 13. a. b. So if-we is accepted withitanding the Statute.
by the Court to be Atrney before his Appear- A Warrant of Attorney mufl be recorded be-
ance. 4 Ed. 3. v, z. and fee 4 4 Ed. 3. bA. fore Judgment. See now the Statute 45,5nna
where one was admitted sonditionally by the for Amendment of the Law.
But'
 62 Dedimus poteflatem de Attornato faciendo.
22 Ed. 4. 2. But there are divers Cafes in which the Juftices will not admit the Defen- E
3 H-"-4 5- dant by Attorney; as, if he came in by Cepi corpus (a), they will not admit
29 H6.
i 43.
4: Ed. 3. 3 lhim by Attorney until he hath pleaded fome Plea, and then in Difcretion they
47 Ed. 3. 2 1. ufe to fuffer the Defendant to make Attorney. But if the Defendant come
zI Ed. 4. 77. by Cepi corpus upon the Exigent, the Jufices will not admit him to make At-
8 H. 6. 29.6torney, but give him Day by Bail from Term to Term, until the Matter be
3 H. 6. '. determined; and that feems to be at their Difcretion for his Contumacy; for
V. 9 Ed. 4.-36. in that Cafe, if they do admit him to make Attorney, and to go without Bail,
ante z5. it is no Error; as it feemeth unto me.
z H. 4. 23. (b) At the Grand or Petit Cape returned, the Tenant may appear by Attor- F
3 H. 4. 2.
41 Ed. 3. 29. ney, and tender to wage his Law, and take Day to wage the fame; at which
i H. 7. 25. Day he ought to appear and make his Law. See 7 H. 4. 3-
3- H. 6. And a Man Ihall not make an Attorney againft the King in any Action G
27.
ace. fued by the King. 9 Ed. 4- 4. 22 Aff 72.
37 H. 6. 27. Upon a Refcous returned by the Sheriff, and an Attachment awarded upon H
ace. it againft him, the Defendant thall not make Attorney; but upon his Ap-
s H. 7. 3. pearance fhall be prefently committed unto the Fleet. But if the King fend a
5 Ed- 4, 6. Privy Seal unto them, commanding them that they admit Attorney for him,
8 Ed. 4. 3. the Court ought to receive the Attorney without Appearance in proper
Perfon.
5 H. 7.7. And a Man fhall fue a Writ of Error by Attorney, if he be not in Ward. I
One cannot In an Appeal the Plaintiff thall make Attorney againft the Abettors, if he K
by Attorney. fue againft them a Diffringas, &c. even after Iffue joined. 40 Af I7.
i H. 7. 27. In a Zuem redditum reddit the Defendant fhall not make Attorney but with L
7 H. 4. 2- Affent of the Parties (c).
32 Ed. .22 Con. In a Quid juris clamat, or Per que fervitia, after a Plea pleaded the
after 147. a. Defendant fhall make Attorney. It feemeth likewife in a Zuem redditum red-
2 1 Ed. 3. 48. dit. 7 H. 4 . 2. 4 4 Ed. 3- 3 4 -
Hill. Br. At- In a Premunire the Defendant fhall not make Attorney without a fpecial M
torney 36. Writ dire6ted to the Juftices.
4. 2. . After a Capias ad computandum awarded, the Defendant fhall not make At- N
37 H. 6. 22. torney.
9 H.7. Ii. (d) A Man may demand Conufance of Pleas by Attorney. 0
3 H. 7. c.i. (d) The Plaintiff after Appearance fhall make Attorney in an Appeal by P
Radtal, the Statute of H. 7
Murder z.

(a) Trefpafs was brought againft A. and B. (c) See Djer i35. h. A Dedimus poteflatea to
the Defendant comes in by Cepi corps, where in Juffice Saunders to refort to the Defendant in a
the Capias the Words (de Banco) were omitted. Quidjuris clamat to receive an Attorney to plead,
And yet becaufe the Roll was right, he could &c. (fo to receive an Attornment) proper Inpo-
not make an Attorney. 8 H. 5. 2. tentiam & Senedatem.
(b) The Mefne 1hall not join in Aid with the Note; The Matter and Subflance of the Plea
Tenant in Replevin by Attorney : But the Leffor is contained in the Writ. See 48 Ed. 3. 57.
by Procefs may join by Attorney with the Leflee 7 H. 4. 2. 1 H. 7. 27. 6 H. 7. 10.
Plaintif in Replevi*. 4 Ed. 3. F. 7oinder ix (d) See 15 H. 7. 9. 9 Ed. 4, 2. 40 Af 17.
Aeid 16, 17. 1 H, 4. 2 8. a dd*4* 73. 8 Ed*4. 3 13. Bro. d4iorn. 9 1.

(a) He
 Dedimus poteflatem de Aitornato faciendo. 6;
A (a) He who pleads Msomer fhall not make Attorney; quod vide P. [ 27. )
41 Ed. 3. &M 45 Ed. 3. Fitz. Attorney 52. 27.11. . I.
B In a Scire facias upon a Charter of Pardon, the Plaintiff in the Scire facias 2 R.3.9.
fhall not make Attorney; but with the Affent of the other Party he may. to ney 30.
C (b) A Feme Covert may be Attorney for her Hufband. 7 R. 3. 9.
D (c) At the Sequatur fub fuo periculo, the Vouchee thall not enter into the Perkins 41.
Warranty by Attorney. as H.4. 2s.
E In Attaint the Petit Jury fhall make no Attorney. Ne H.o ace.
F The Defendant fhall not make an Attorney in Maihem. xo Ed. 3. 2. contra.
G An Idiot fhall not be received to fue or defend in any Aaion by Guardian, z1 Ed. 4. 7 .
or by Prochein Amy, but -ought to be always in proper Perfon. P. 33 H. 6. 33 H. 6. 19-
f. 20. 12 Ed. 2. Bro. Guardian 26.
H (d) An Infant fhall fue by Prochein Amy; but if the4nfant be Defendant 29 Aff. 67.
in any Ation, he fhall make his Defence by Guardian, and not by ProcheinAfiif. 273.
Amy. And the Court fhall affign the Guardian for the Infant Defendant, and 3 H. 6. 7 .
that is commonly one of the Officers of the Court. 4 o Ed- 3. f i6. Markham,
An Infant fued a Writ of Waje againft his Guardian, and made Attorney
in that A6tion. 48 Ed. 3. 10. 13 Ed- 3. Bro. Guardian 24.
An Infant was received to fue an Aaion of Debt by his Guardian. 16 H. 34 H. 6. 2,
7- 5. It ought to be
(e) And a Man fhall not anfwer as Guardian unto an Infant who is Plain- fued inproper
tiff or Defendant without a Warrant , but as ProcheinAmy to an Infant he fhall. of flb onge
fue an A&ion without a Warrant. 34 Al. e.
K The Infant fhall not remove his Guardian, nor difavow an Ation fued
for him by Prohein Amy. Anno 43 Ed- 3 . Lib. AJ & Anna 27 Ed. 3. Lib.
Alf 53.
L And the King by his Letters Patent may make a General Guardian for
an Infant, to anfwer for him in all Adions or Suits brought or to be brought
in all Manner of Courts. Or may make two or three Guardians jointly and
feverally to anfwer for him, or to bring any Adion for him ; and at the Re-
queft of the Infant may grant by the faid Letters Patent, that the fame
Guardians may make other Guardians jointly or feverally in their Places,, to,
fue or defend for the fame Infant in all Ations and Suits which are brought
or fued, or thall be brought or fued after.
M Aid-the Infant fhall have a Writ in the Chancery for to remove his Guar-
dian, dire&ed unto the Juffices, and for to receive another, &c. and the
Court at their Difcretion may remove the Guardian, and appoint another
Guardian.

(a) Not he who acknowledges himfelf a Vil- (d) 40 Ed. 3. 16. Wf. 2. C.15. 27 H. 8.
lCin. a Ed. 3. 1o.a. But otherwife, (f his Plea 11. 3. H. 6. i6. 1 H. 5. 6. a9 Af16 7. 27 4K
of Villeinage be in Bar. 29 Ed. 3. 41. a. A. 53. .sere 2 Cro. 641.
Kel-w. 135. (0) 19 A Pl .10o3* 4 AV 15. 33}
XVP
A dtersey
tro.gi. 3. 34 A3 p* * 33 P Guardian, pl.
(c) See II , 4. as. That he fhall not do it 25.
gratis at the irt Day of Vouching.
 64 Dedimus poteftatem de Attornato faciendo.
I H. 6. 16. And fee in the Regifter, after the Writ of Proteflion cum claufIla NAlumus, _N
An Infant ap- Writs dire&ed unto the Bailiffs of Hundreds to receive and admit fuch Per-
peared by
Guardian, al. fons by Attorney in Court, which the Party will make under his Seal, or
though it be otherwife: And alfo Writs of Bedimus (a) potefjatem to remove Attornies
in a Perfonal made, and to put others in their Places, or to remove any of the Attornies,
Alion; but and to put another in his Place. And if a Man make Attornies in Chancery
cafe Pfo- to anfwer and defend in other Courts, he may come in Chancery and remove 0
nal Ation by him, and make others his Attornies: And thereupon he thall have a Writ
Prochein unto the Juflices of the Court where the Attorney is, teftifying that he bath
Am. removed him, and made another his Attorney, commanding them for to re-
A fon. ceive him, &c.
3 - 4. 1& There is a Dedimus poteftatem granted in the Regifter to receive an Attorney P
Feme pro. for him who is Vouchee, becaufe he is received for the Default of Tenant for
ceeded to be Life: And a Writ dire&ed unto the Juffices to receive an Attorney for a Wo-
received and man, who prayeth to be received for the Default of her Hufband, before the
plead, which be received. And another Writ unto the Juftices, to receive Attorney
for Q
Attorney. one Defendant, and Guardian for another Defendant.
z H. 6. 48. In Quale jus awarded, where a Scire facias lhall be awarded againft the R
coat. Lords mediate and immediate, they thall have a Writ direded to other Per-
before zS. e. fons to receive Attorney for them to appear to this Quakjus to defend their
Right; and upon Certificate thereof in the Chancery, he fhall have a Writ to
the Juftices before whom the aejus is to be tried, to admit him who is
received Attorney, and fo returned in the Chancery, for Attorney for the Lords
in that Aaion.
Ante 2S. D. In Detinue or Ward, where fhall be Interpleading, they ought to appear in S
proper Perfon and interplead, &c. And yet upon reafonable Caufe he may
make Attorney in the Chancery, and fhall have a Writ unto the Juftices to
receive him for his Attorney, and rehearfe the Caufe wherefore ; yet it feemeth
it is not material whether the Caufe be true or no.
Alfo there is another Writ in the Regifter dire&ed unto the Juftices for T
him in the Reverfion, where Tenant for Life is impleaded, commanding then
for to admit Attorney for him in the Reverflon, if the Tenant for Life make
Default, as he conceiveth he will, and teftify in the fame Writ, that he in
Ante 25. D. the Reverfion bath made fuch and fuch his Attornies jointly and feverally,
3 H. as. commanding the Juftices to receive them for Attornies, becaufe that he in
the Reverfion bath fuch an Infirmity, that he cannot pray to be received in
proper Perfon. And the like Writ for a Feme Covert 'who bath a Reverflon,
and the Tenant for Life is impleaded, and the conceiveth that her Hufband
will not pray to be received, &c. But in the Writ it fhall be mentioned,

(a) See a Ed. 3. 12. In a Writ of Ward Attorney thall be held null and void: But after
brought by Baron and Feme, the Feme by Writ Plea pleaded by one as Attorney, he cannot
removed her Attorney, and held good. tser, come in and difavow his Plea; but as to that
if The may difavow her Attorney. 33 H. 6. 3. is put to his Writ of Dilceit; yet he may re-
And Note; If an Attorney appears for one, he move the Attorney (by Writ). 8 H. 6. 8. See
may before any Plea pleaded come in and dif- 17 Ed- 3* 12*
avow his Attomey, and the Appearance of the
a2 that
 Protelion. 6P
that the Feme is decrepit, or bath fome other Infirmity, that Ihe cannot con- W . 6.46.
veniently come to be received in proper Perfon.
V There is another Manner of Writ for the Sheriff, or for the Efcheator, to
caufe the Barons of the Exchequer to admit Attornies for them to make
their Proffers in the Exchequer; and yet they are commonly bound in Re-
cognizance to do the fame in proper Perfon. And the Writ is fuch:
A Te King to his T'reafarerand Barons of his Exchequer, greeting. Becarfe our [ 28. ]
beloved B. our Sherif of Suffolk, is fo much attending about our certain Buftnefs
of great Concern, wherewith we have '[pecially charged him, that he cannot be
perfonally prefent before you at our Exchequer on the very Morrow of Saint Mi-
chael, or on the very Oaave of Eafter next coming, at his Profer then there, as
the Manner is; we of our fpecial Favour command you, that for this 2ime you
receive R. and I. Clerks, whom the faid Sheriff before us in our Chancery bath
made Attornies in his Place to make his Proffer aforefaid before you on the faid
Morrow, or either of them, if both cannot be prefent in the Place of the faid
Sheriffor this Purpofe, not in any Manner molefing or grieving him the faid
Sheriffor his Abfence on that Day, or on the Ohlave aforefaid. Witnefs, &c.
And the Efcheator may have the like Writ for his Proffers to make At-
torney. But it feemeth this is not a Writ of Courfe, but upon a fpecial
Commandment direfted unto the Chancellor by the King to make fuch Writ,
&c. And the King may fend a Writ unto the Treafurer and Barons of the
Exchequer, to refpite the Account of the Sheriff, and of the Efcheator; and
the Writ thall be fuch:
he King to the rreafurerand Barons, &c. greeting: Becaafe our beloved W.
of H. our Sheriff of WitIhire, is fo much attending about our certain Bufnefs,
&c. (as above) that he cannot come before you at our Exchequer on the very
Morrow of Saint Michael next coming, to his Account of.the Ijues of the County
aferefaid; we have given to him Reffite for rendering his Account aforefaid, until
the Ofave of Saint Hilary next coming, and therefore we command you, thatyou
permit him the faid Shertf in the mean time to have that Reffite. Witnefs, &c.

roteaion.
B IRotefions are in divers Forms and of divers Effeas, and the King may
grant them for divers Caufes. And there are four Manners of Protec-
tions with the Claufe Volumus. One is a Prote&ion, called Quia profedurus.
And another Prote&ion, 9uia moratur. Ancd the third is a Proteaion which V.2 7 Ed.3 .88.
the King by his Prerogative may grant; and the fame is where a Man is 39 H- 3.8. &
Debtor unto the King, the King may grant unto him, that he fhall not be Sega r.
fued nor attached, but taketh him into Prote&ion until he bath paid the King 3. c. t9.
his Debt. But now by the Statute of 25 Ed- 3. 19. it is ordered, That the
Creditor fhall have an Aaion againft the King's Debtor, and thall have Judg-
ment againft him notwithitanding fuch Proteaions. -But he fhall not have
Execution againift the King's Debtor who bath fuch Prote&ion, unlefs he take
upon him to pay the Debts which the King's Debtor owed unto the King;
K and
 66 Protedion.
and then he fhall have Judgment and Execution againft the King's Debtor
for both Debts, &c.
Qyare Co. There is another Prote&ion cum claufula Volumus; and that is, when the C
Calvin's Cafe King fendeth a Man in his Service into the Wars beyond the Seas, or into
. a. the Marches of Scotland, and there he is detained and kept Prifoner;
he fhall
have a fpccial Protbaion reciting the whole Matter ; and in the End of the
fame Proteffion fhall be fuch Claufe : Thefe Prefents not to avail after the De- D
livery of the aforefaid R. from the Prifon aforefaid, if it happen that he is again
to be delivered from the fame. And the Form of divers of thefe Prote6tions
doth appeat in the Regifter. But as, the Law is now, every Prote&ion caft
fhall not be allowed : For if the Protection be to endure for two or three
Years, the Juftices will not allow the fame; and therefore the Form of the
Prote&ion at this Day is to endure for one Year and a Day after the Date
thereof, and then to fue forth a new Proteaion, if need be. And a Protec- E
tion may be caft for the Party by a Stranger as well as by the Party himfelf.
3911. 6. 38, And Procedion 9uia profelurus thall not be allowed, if it be prefented F
39. hanging the Plea, if he be not in a Voyage Royal; and a Voyage Royal is,
where the King goeth to the War, or his Lieutenant, or his Deputy Lieute-
nant, and not otherwife.
And the Plaintiff cannot caft a Prote&ion, (a) for the Proteaion is always G
for the Defendant, and fhall be caft for him; if it be not in fpecial Cafes,
38 Ed. 3. 1. where the Plaintiff becometh Defendant. But when a Procedion fhall be al-
lowed, and when not, appeareth more plainly in the Title of ProteRion in the
great Abridgment of the Years, and therefore it is not needful to thew it
here.
And by the Regifter a Man thall be by Prote.lion, when he flayeth upon -1
the Safeguard of the Weft-marches of England againfi Scotland. Yet Anno 22
Ed. 4. fuch Prote&ion was difallowed. But I am of Opinion with the Re-
gjfler.
A Prote&ion Qdia moratur upon the Sea was difallowed, Trin* 36 H. 6. 1
becaufe that the Sea cannot ftay, and by Confequence he cannot flay upon
the Sea.
And a Prote&ion thall be allowed in a Court of Ancient Demefne, or in K
other Court of Record, as London, &c. And when the Plea is removed, the

(a) Nor may the Plaintiff in Rephoin after Sdre fachu on a Charter of Pardon againf the
Avowry. 2c R. z. F. Proteaion to6. 5 H. 5. Plaintifl after the Plaintiff has counted, a Pro-
5. 24 Ed. 3. 26. contr' s7 Ed. 3. 24. a. per teflion lies for the Defendant; but not before.
Shard. Nor for the Defendant therein after an 43 Ed. 3 36.
Avowry by him. 38 Ed. 3. x. a. Fincbden. in a Zod ei de/orceat, after the Tenant hat
25 Ed. 3- 43. Nor the Plaintiff in an Audita made Title, a Proteaion does not lie for him.
.9jerela. 47 Ed 3. 5. b. Nor the Defendant 38 Ed. 3. 2. but it does before. 43 Ed 3. 6.
therein. 13 Ed 3. F. PrtedioN 71. But this But after Title fo made for the Tenant, it lies
is intended when the Eitate is to be executed, for the Plaintiff 20 .. rotegipn zo6. 5 IL
and not when it is already executed, and the 5. 5.
Suit is to have Execution: For it feems there, if It lies for the Garnilbee at the Day of the
it fo appear by the Writ, the Proteaion is allow- fo2h
Return ofliniEzP.2.Poeinro6.e5ILn
the Scire faciai; but not after le has
able at the Feirefaciai. 43 Ed. 3. 3, 4* In a made Tide. 31. 6. 8. 9 . 6. 36.

2 Protedion
 Protedion. 67
Proteaionl may be allowed: (a) And a Prote&ion allowed for one Defendant 7 H. 6.
doth put the Plea without Day for all the reft; if not that it be in fpecial """' if hey
Cafes, as in Trefpafs, where they plead feveral Pleas, and lie fhall fue feverale
-pead;
Rlain vide
Tref
Venire facias upon the Ifue joined againft them, &c., s; Ed. 4. 27,
, And a Protedion fhall be foretrimes difallowed for Variance betwixt the 4 H. 4. 4.
Writ and the Protedion: But fee that in the Title Protegiox in the Abridg- 3 H- 4-5
ments.
L (b) Prote&ion Ihall be allowed for an Infant , but there are divers Opinions
amongft the Juftices, if it thall be allowed for a Feme Covert.
M And how a Prote&ion fhall be made void, fee Title Proteigion, and in the [ 29. ]
Title Repeal in.the Abridgments.
A There is another Manner of Prote&ion, cum claufula Nolumus, as appeareth
in the Regifter; 'and that is, where an Abbot or a Prior, or other fpiritual
Perfon, be in Fear or Doubt that his Goods or Chattels, or his Cattle, tball
be taken by the King's Officers for the King's Service ; they may purchafe
B this Manner of Protedion cum claufula Nolumus. And by the Regifter ap-
peareth, that the King may grant unto a fecular Man this Writ as well as unto
a fpiritual Man; and if he do fo, the fame is good, &c.
C And a Man may excufe his Default at the Grand Cape or Petit Cape, by
cafting of a.Prote&ion.A
And if a Man be effoined of the King's Service, the Plaintiff may have a
fpecial Writ dire&ed unto the Juftices to difallow of the Effoin, if he be not
in the King's Service, commanding them for to proceed, &c.
D And it appeareth by the Regifter, f. 28o. that 'there are divers Manners of
Forms of Proteftions: Where a Man feareth to travel ;he Country with his
Merchandizes, or to colledt the Alms for the Poor of an Hofpital, or of the
Church, then they may purchafe Letters Patent of the King's Prote&ion, 'com-
manding the King's Subje&s. for to defend them, and to maintain, aid and
affift them: And the Form is fuch:
E The King to all his Bailifs andfaithful People to whom, &c. greeting: A. hath
befeught us, 1that whereas be profecuteth his divers Afairs in our Courts, and elfe-
where within our Kingdom of England; and the fame A. by reafon of fah Pro-
fecution is afraid of Damage, as well to himfef. as to his AMe and Servants in
their Perfons and in his Afairs, by certain Perfons emiting him, and by their
Procurement; (or thus) Damage -of his Body and Lofs of his Goods, which eajily
may be, &c. and Peril which eaJiy may happen, we will gracioufly take care of
his Security in this Behalf; we being willing to preferve Peace and Yrranquillity
every where in our Kingdom, have taken him the faid A. and his Afairs afore-
faid, profecuting in ourfaid Courts, and elfewhere within our Kingdom of England,
while he flays there, and ingreturningfrom thence to his ours, and alfo his Men
and Servants, and his !rhings and Goods whatfuever, into our fpecial Protehlion
and Defence; and therefore we command you, that you maintan, protef and de-

(a) In a Prarcip againfi two, or if two Te- Yet i H. 4. 7.adjudged contr', if it was at the
nants by Warranty are, and they vouch or plead Gtwd Caps, or before Default by him made.
to Iffue, and one of them makes Default, yet a 13 Ed. 3. Profteie, 70. 19 Ed. 2. Protedion
Protejion lies for the one or the other; and at 77.
the Day of the Petit Cap the Parol thall not be (b) See Co. Lit. So. a, That a Protetion lies
put without Day *%ait the other. s H. £. y. for a Feme qaia NArix, Lotrix or Cbftsrix.
K fiend
63 Proteaion.
find him the faid A. in profecuting his /aid Bafinefes in our Courts, and elfewhere
-withinour Kingdom aforelaid (as is premifed) in his Staying there, and in his re-
turning from thence to his own, and alfo his Men and Servants, and his Things
and Goods whatfoever, not bringing upon them, or, as much as in you lies, permit-
ting to be brought upon them by others, any Injury, Trouble, Damage, Violence,
Hindrance or Grievance; and if any Thing has been taken from them as a Forfeit,
or been injured, you caufe Amends to be made to them for that without Delay:
Neverthelefs, provided that he the fame A. do not profecute, or attempt or prefume
in any Manner to attempt or profecute any Thing, which is in Prejudice of us or
our People, or which is againfi, or may tend to weaken an Ordinance lately made
thereupon by Lord E. lately King of England, our Grandfather. In Teftimony
whereof, &c.
And thefe Letters may be made and dire&ed to Sheriffs, Admirals, Mayors, F
and all other Officers, &c. And'thereby it appeareth, that they ought to fee and
provide, that fuch Perfons who have purchafed fuch Letters, have by reafon
of fuch Letters Favour and Right done unto them, becaufe it appeareth the
King's Will fo to be, &c. And there is the like Protedion for thofe who go
with Pardons, or to make Colledtion for Bridges or Highways; and the like
for fpiritual Perfons; and the like Proteation for Merchants Strangers, which
go into the Country to gather their Debts, or to fue for them, &r. There is
another Form of Prote&ion, which is fuch:
(a) The King to all and /ingularour Sherifs, Efcheators, Mayors, Bailifs G
Mmfinfers, and to all our faithful liege People whatfoever, as well Commons of
our town vf Southwark, as to others within and without the Liberties, who
}ballfee or hear theft our prefent Letters, greeting: Know ye, that we have taken
into our fpecial Proteflion T. W. and his Men and Servants, Manors, Lands and
Tenements, his Goods and Pofefions, being in London, Southwark, Hatham and
H. in the County of Surry, and in & C. and D. in the County of K. and a(fo.
his Writings and Muniments whatfoever: And therefore we command you, that
yes maintain, prote and defend him the faid T. W. and his Men, Servants,
Manors, Lands, Tenements, Goods, Pofefions, Letters, Writings and Muniments
aforefaid, not bringing or permitting to be brought upon them, or any of them,
any Injury, Trouble, Damage, Violence, Wafte, Deftruflion, or Burning of his
Houfes or other his Goods and Chattels, or other Hindrance or Grievance: And by
the Faith, Love and Allegiance whereby ye are bound to us, ye may in no wife
smit, nor may any of you omit thefe things under a grievous Forfeiture to us. In.
Teflimony whereof, &c. to continue for one rear. Witnefs, &c.
And another Proteition for the Prior of St. John's, and for his Priory, &c. H
And thofe are of divers Forms, as appeareth in the Title of Protefion in the
Regifter, and therefore fee them there. But thefe Proteftions are by the King
granted of Grace; for every Man who is a loyal Subjeat, is in the King's.
Protedion s but theie Protetions are granted to move and excite the King's

(a) Where the King takes the Lands, Goods, the King's Proteaion, by reafon whereof ano-
&c. into his Proseaion, by reafon of Dilapida- ther Man is delayed of his Acion, fuch Protec-
tions by an Abbot: In an Aflife againil the Ab- tion being without Caude, thall be no Caufe to
bot and one G. S. his Leffee, he ihall not have have Aid of the King, which would caufe fur.
Aid of the King- For when a Man is take inte thr Dly of the Party. i Hl. 6. zo.
Subjedts
 Writ de Droit de Advowfon. 69
Subjeas to aid and comfort thofe who have fuch Prote&ions, in their Bufinefs
which they have to do in the Countries, for the Caufes mentioned in the Pro-
A te&ions. And it appearetli by the Regifter, that every fpiritual Perfon may
fue forth a Prote&ion for him and for his Goods, and for their Fermors of
their Lands for their Goods, that they fhall not be taken by the King's Pur-
C30
veyors, nor their Carriages or Chattels taken by other the King's Officers.
And it appeareth by the fame Proteaion, that King Edward in the fourteenth
Year of his Reign, by fpecial Statute did grant fuch Privilege to the Clergy,
whom he took into his Protedion, with their Goods and Carriages. And
they may have a fpecial Commiffion. dire&ed unto certain Perfons to arreft
fuch Purveyors or Officers, and to fend them before the King's Council,
there to anfwer their Mifdoings in fuch Cafe ; and for the fame Prote6tion fee
the Regifter, fol. 289.

(a) Writ de Drojt de Advowfon.

B AWrit of Right of Advowfon lieth only for him who hath an Eftate in 4 Ed. 3.
the Advowfon to him and his Heirs in Fee-fimple, or Right of Eftate 4 4Ed. 3.
IS.
25.

to him and his Heirs in Fee-fimple in the Advowfon; and if he be difturbed Wi3b and
to prefent, then he fhall have the Writ. But if a Man have an Advowfon to Br. Eltates 6;.
him and the Heirs of his Body begotten, and for Default of fuch Iffue, &c. Tenant in
the Remainder unto him and his Heirs in Fee-fimple; if he be difturbed, he Tail brought
fhall not have this Writ, but a qare ispedit, becaufe he hath not Title to this Writ, and
the Advowfon but in Tail, and he ought to maintain the Aaion by that Title an Eftate in
that he clairneth thq Poffeflion of the Advowfon, and that is of an Eftate in Tail.
Tail. And in this Writ he ought to count of his own. Poffeflion, or of the r4 AXr4 .
Poffeffion of his Anceftor - otherwife the Writ doth not lie, and he ought- to Br. Tail 24.
alledge Efplees (b) in the Parfon; as in taking of grofs Tithes, Oblations and Darrein Pre-
Obventions -unto the Value of, &c. And the Tenant thial come and make featment.
C Defence, and (c) may join the Mife by Battel or Grand Afflife, &c. And fee
the Form of the Count, and the Defence, and of joining the Mife, in the
Book of Entries, fol. go.
D And a Man who claimeth to have Fee-fimple in an Advowfon, may have S911.6.zo. a.
a Writ of Right of Advowfon of a Moiety of the Church, or of one third Part,
or one fourth Part of the Church, &c.

(a) This Writ being brought by an Abbot yeteare34ER . Zarispedily197. 3Rd.3.

Parfon imparfonee, if he counts that he holds Jadget 141 .
to his proper ULe, &e. he thall have Judgmeit (b) And therefore by Thorp, If a Clerk be in-
-accordingly; but if he counts on a Prefentment, Ilituted, but not indu&ed, he Ihall not have this
contra. See ix H. 4. 88. a. b. and Noss, with- Writ of Right of Advowfon. 3 8 Ed. 3. 9. a.
out fuch Surmife, he (hall not have fuch a judg- (c) In this Writ the Summons thall be made
ment nor Execution; and yet upon a general on the Glebe, and the Glebe Ihall be taken into
judgment one Thall have a Scire facias againft the King's Hands. at the Grand Cape. 2s 6.
the Parfon to have Execution to hold to one's 3, 4.
proper Ufe, &c. S$o 19 Ed 3. Jadgsw 124
 7o0 Writ de Droit de Advowfon.
And when a Parfon fueth in the fpiritual Court for Tithes, which do amount E
31 H. 6* 3.a. unto the fourth Part of the Advowfon, againft the Parfon of another Parifh ;
then that Parfon who is fued in the fpiritual Court may purchafe a Writ which
is called Indicavit; which Writ is a Prohibition, and thall be direted as well
unto the Judge of the Court as unto the Party, that they do not proceed in
the Plea, &c. And then the Patron of that Parfon who is fo prohibited by
the Indicavit, may. have and fue a Writ of Right of Advowfon of Dsfines; and
the Form of the Writ is fuch:
Command A. that he render to B. the Advowfon of the Tithes of one third Part
of the Church of S. or of one fourth Part, or of a Moiety of the Church, &c.
And this Writ is founded upon the Statute of Weft. 2. c. 5. in the End of
the Statute, and doth not lie of a lefs Part of the Tithes than of the fourth
Part of the Church. But it feemeth that at the Common Law, before the
See 31.A. Statute, a Writ of Droit des Difmes lay and was maintainable; as, Command,
&c. that he render, &c. the.Advowfon of the Tithes of one fifth Part, or of one
fixth Part of the Church, &c. And that by the Statute of x8 Ed. 3. which is:
Whereas Writs of Scire facias have been granted to warn Prelates and other reli-
gious Clerks to anfwer Difmes in our Chancery, and to jhew if they have any
Thing, or can any Thing fay, wherefore fuch Difmes ought not to be reftored to
the faid Demandants, and to anfwer as well to us as to the Parties of fuch
Difmes; that fuch Writs from henceforth be not granted, and the Procefs hanging
upon fuch Writs be annulled and repealed, and that the Parties be difinifed from
the fecular fudges of fuch Manner of Pleas: Saving to us our Right, fuch as we
and our Ancefjors have had, and were wont to have of Reafon.
And by that appeareth, That before that Statute the Right of Tithes was F
determined in the King's temporal Court; but the Statute bath now altered
the Law. And if a Parfon be fued in the fpiritual Court for the fourth Part
of the Tithes, for which he purchafes Indicavit, &c. by which the Judges do
firceafe; if the Patron of the Parfon which fueth in the fpiritual Court bath
but an Ellate in Tail in the Patronage, or for Term of Life, he fhall not
have a Writ of Droit des Drfmes, nor other Remedy by the Common Law,
to try the Right of the Tithes, for the Feeblenefs of the Eftate. But if two
be feifed of an Advowfon, and unto the Heirs of one of them, they Ihall join
31 H. 6. T4. in a Writ of Right of Advowfon for the Advantage of him who bath the
Fee-fimple.
IzEd-4.3.b. And alfo a Man fhall not have a Writ of Indicavit before that the Party G
St. 3 4 Ed. 3. hath libelled againft him in the fpiritual Court. And he ought to fhew the
Copy of the Libel before the Indicavit be granted: And the Indicavit doth
not lie after Judgment given in the fpiritual Court.
(a) And a Writ of Right of the Advowfon of the Tithes and Oblations of one
fourth Part of a Church lieth as well as of the Advowfon of the Tithes of one
fourth Part of the Church only.

(a) And the Defendant (hall have the View, of a Carve of Land, becaufe it does not thereby
though there be but one Church in the fame appear, whether it be of the Value of a fourth
Town. 3 8 Ed. 3. 13. a. But one hall not Part of the Church. I8 Ed. 2. Brif 825.
have a Writ of Righ* of Advowfon of the Tithes
if
 Affr de Darrein Prefentment. 71
If one be Parfon imparfonbe, and another be Vicar in the fame Church, and [ 31. ]
one of them be impleaded of the fourth Part of the Tithes of the Parfonage,
and the 9 ther impleaded of the fourth Part of the Tithes of thcVicarage, they
fhall have feveral Writs of Indicavit, and their Patrons may have feveral
Writs of Right of Advowfon of the Tithes, &c.
K And it appeareth in 13 H. 6. by the Opinion of Forte/cue, that before the
Writ of Indicavit lay of Tithes fued in. the fpiritual Court, there was no Writ
of Droit des Difmes fued thereupon. But it feemeth againift Reafon; for the
Writ of DrAit of Tithes lay as well for the Patron, as the Indicavit lay for the
Parfon.
B And in 3 ' Ed. i. it appeareth that a Man thall have a Wrk of Right of
the Moiety of an Advowfon, where an Advowfon is partible betwixt two Co-
parceners, and one of them is difturbed by a Stranger.
But the Writ of Right of the Advow/on of a Moiety of a Church-lay where
two Coparceners do prefent two Parfons to one Advowfon, &c. As there are
in fome Churches two Parfons, &c.
C And a Writ of Right of Advowfon lieth of the Advowfox of a Vicarage, or Co. Lit. 17.6.
Prebend, or Chapel, and fuch like, as well as of the Advowfon of a Church.
And the King fhall have fuch Writ as well as a common Perfon. But a Man
D fhall not tender a Demy-mark againft the King to inquire of the Seifin al-
ledged in the King's Count or Declaration, as he fhall in cafe a coinmon Per- Ibid. 294. 6.
fon bring the Writ. Neither fhall a Man have final Judgment againft the
Kingi although it be after the Mife joined betwixt the King and the Te-
nant.
E And a Man fhall have a Writ of Right of Advowfon of a Chapel which
is a.Donative, as well as he fhall have if it were prefentable, to the Ordinary.

Affr de Darrein Prefentment..

F HE Form of the Writ of Darrein Prefentment for a common Perfon is
Tfuch:
flbe King to the Sherif, greeting: If A. jhall make you fecure, &c. then fum- 4 Inft. iSo.
mno, &c. twelve free and lawful Men of the Neighbourhood of B. that they be Note Thad-
befo our ufices, &c. ready to recognize by Oath what Patronin time of Peace vocatus, &c.
prefented the la Parfon, who is dead, to the Church of C. or the, lafI Vicar, who o Ed. 3. '
is dead, to the Vicarage of N. which is vacant, as it is faid, and the Advowfon Darrein Pre-
whereof, he the fame A. fays, belongs to him/elf; and in the mean time let them fentmint 3.
view that Church, and caufe their Names to be impanelled, and fummon B. and 9 Ed. 2.
deforceth him of that Advowfon, that he be (a) then there to hear the Recognition:'Ibid.17. If
the Aflife findi
Title for a Stranger not named in the Writ, a Writ to the Bifhop thall be awarded for him; and therefore
one cannot make Title to a Prefeatment in time of War. 7 Ed. 2. Dar. Prtlentment. 26 Ed. 3. 41. Ibid. 4. ace.

(a) Note ; The Party is to be fummoned at this Aion he fhall not vouch any but him. who
the Church, II H. 6. 4. per MartYn; and in is Party to the Wria. 2 1z. 6. 5o.a.
Andi
 72 Affife de Darrein Prefentment.
And have you there the Summoners and this Writ. Witnefs, &c. But for the
King the Writ is; 7fhe King to the Sheriff, greeting: Summon by good Sum-
moners twelve free, &c. and Ihall not fay, If the King fhall make you fecure, &c.
becaufe the King thall not (a) find Pledges to fue an Afion, for he fhall not
be amerced, &c.
Weft. 2. C.S. (b) And a Man fhall have Afflife of DarreinPrefentment, although he nor G
his Anceftors do prefent to the laft Avoidance: As if the Tenant for Life or
Bro. Prefent- for Years, or in Dower, or by the Curtefy, fuffer an Ufurpation unto a
ment 62. Church, &c. and die, he in the Reverfion, who is Heir unto the Anceftor
;s Ed. 3 who laft prefented, thall have an Affife of Darrein Prefentment, if he be di-
fturbed. But if a Man prefent, and then (c) grant the Advowfon unto ano-
Da.Pefent-
anent 13. If
ther for Life, and he fuffer one Ufurpation, or two, or three Ufurpations;
the Allife find now at the next Avoidance he in the Reverfion fhall not have an Aflife of
that Tenant DarreinPrefentment, if he be difturbed to prefent. And that appeareth by
by the Curtefy the Statute of We. 2. cap. 5. That the Remedy of the Statute is given for
or Tenant in
Dower was the Heir of him who made the Demife, who is in Reverfion, and not for the
the laft who Leffor himfelf. x8 Ed. 2. pl. 20. 6 Ed. 3. 41.
prefented, by
that the Heir thall have a Writ to the Biflhop, and yet he cannot make Title by that Prelentment: Contra in a
Quare impedit. And Seton gives the Reafon, becaufe he cannot convey by them. But if the Heir do alledge
the laft Prefentment in herfelf, and the Affife be to her by Default, and found at fupra, yet the Heir thall recover;
Contra, if they be at Mlue upon that Prefentment.

16 Ed. z. And if a Man prefent unto an Advowfon, and afterwards the Parfon doth H
Darrein Pre- refign, or is -depofed, and the Patron prefents again, and is diflurbed, he
fentment 2o.
thall have an Aflife of Darrein Prefentment; and the Form of the Writ fhall
be, What Patron in time of Peace prefented the laft Parfon, who is dead, to the
Church, &c. although that he refign, and be living. And the Form of the
Writ is to fuppofe that the Defendant doth deforce him of the Advowfon,

(a) Note; As to Pledges, if a Writ be dire&ed thall have an Affife, &c. But if Leffee for Years
to a Sheriff of a Matter within a Franchife, the prefents, and it is afterward confirmed to him
Plaintiff thall find Pledges to the Sheriff, and for Life on the fecond Avoidance, he (hall not
then the Sheriff thall fend to the Bailiff of the have an Affife, becaufe he is in of a new Eflate.
Liberty, but the Bailiff thall not take Pledges ; (c) See a Ed. 3. i v. The Heir of the Gran-
and if he does, the Sheriff fhall be amerced, and tee of a Reverflion thall avoid this for a Pur-
a Sicut alias tball iffue. zz A. 3. 14 H. 6. 3* prife on the Tenant for Life; in a ueare impedit
z H 7. 14. PL. 22. brought by Stanhope againit the Bi(hop of Lin-
Note; He who thall not be amerced on a coln, this was denied by all but one. But fee
Nonfuit, thall not find Pledges, as the Plaintiff the contrary held by foyle and Pr1ot 34 H 6.
in a Quidjuris damat, or Scirefacias. ui H. 26, 27. and fo is 33 H. 6. I2.
4.
7. j 8 H. 6. z. Note; If a Feme Purchaler takes a Hufband,
No:e; The Claufe, And b~are you there the who fuffers an Ufurpation, and the Hulband
Names of the Pledges, is intended of the Plaintiff's dies, the is without Remedy. ' Ed. z. QOuar
Pledges; but if it be omitted, yet the Writ is impedit 43. Yet it feems if the Hufband,
and
# good. 26 Ed 3. F. Brief 89 8. the being enfeint, prefent, and after fuffer an
(b) See Kitchin it 8. If the Huband feifed in Ufurpation, &c. The thall have a Zuare
impedit,
his Wife's Right prefent, and then the Wife dies, 17 Ed- 3* . by Sbard and
4 Thorp. See Dyer 25 9 .
fo that he is Tenant by the Curtely, and then pl. i. and pof 34. S. that Ihe thall
have it.
the Church becomes void again, the Hulband
and
 Aff de Darrein Prefentment.,
and yet by his Count he counteth, that he or his Anceflors lil prefented S Ed 2. 96.
unto the Advowfon, by which he doth fuppofe that he is in Poffeflion of the 0 Ed. z.
Advowfon; and yet the fame is good. entment r,
I If a Man do prefent unto an Advowfon unto which he bath Right, and j 3 . Pott 33.
afterwards the Incumbent dieth, and a Stranger ufurpeth, and prefenterh unto 6 Ed. 3. 41,
this Advowfon in the Time of War, and after that Incumbent dieth - now if Darrein Pre-
he who hath Right do prefent again, and be diflurbed, be fhall have an Af- Edm .ti 2.
fife of Darrein Prefentment, and this Prefentment made in Time of War by zoEd. 3 .pl. z.
the Stranger fhall not grieve him. 6 Ed. z. Dar.
And fo if a Man prefent unto an Advowfon, and afterwards the Incum- Prefentm. 6.
bent (a) dieth, and another Ordinary doth prefent by Lapfe another Incum- Eid.3.
bent, and after that Incumbent dieth; now the right Patron fhall prefent, and the Ordinary
if he be diflurbed, he fhall have an Affife of Darrein Prefentnent, notwith- thall prefent
Rtanding the mean Prefentments. in the Right
And fo if the Guardian do prefent in the Right of the Heir, and the In- thight
cumbent dieth, the Heir fhall prefent; and if he be diflurbed, he ihall have Vide4Ed.3
an Affife of (b) DarreinPrefentinent, although the Guardian did prefent the Dar.Prefentm.
mean and the laft Prefentment. But if a Man prefent unto an Advowfon, r9. Berry
and after leafe the fame for Term of Years, and after the Church is void, and faith, that he
the Tenant for Years doth prefent, &c. and then the Incumbent dieth, and the Prefentment
Leffor prefenteth, and is diturbed; it feemeth that he fhall not have an Af- in the Name
fife of Darrein Prefentment, becaufe the Tenant for Years did prefent in his of the Heir.
own Right. But Tenant for Years fhall have Affife of Darrein Prefentment, 2oEd 3 .bz.
if he have prefented before; and fo fhall the Guardian of the Heir, if be have Geen. al.
prefented before. So Ed. 3.
K If a Man ufurp upon an Infant, and prefent, which Infant hath the Ad- Holt contr.
vowfon by Defcent; and afterwards the Incumbent dieth, the Infant fhall pre- 14 H. 7. 1z.
fent; and if he be diflurbed, he fhall have an Affife of Darrein Prefentnent. r Fafx .
But if the Infant purchafe the Advowfon, and prefent, and afterward the 5H 6. 6o.
Church become void, and a Stranger prefent, and ufurp upon the Infant, MesCom.7 3 o.
and then the Incumbent dieth, the Infant prefents, and is diflurbed by a Zueere. Yet
Stranger; he fhall not have (c) a DarreinPrefentment, but fhall be put to his all is one
Writ of Right. iecent per
Allife 87. 17 Ed. 3. Darrein Prefentm. 9. Shard; (he hath no other Remedy but a Quare impedit. Pole ace'.

(a) Nota ben; 2o Ed. 3. pl. 12. 7 Ed. 4. 20. fion lhahl not have a Zuare impedit, but Darreia
2 2 Ed. 4. 9. contra per Brian, &c. 6 Ed. 2. Prefent'nent. 46 AY 4.
P1. 16. 30 Ed. 3. p1. 13. contra of Tenant in Note; The Statute We/7M. 2. gave a Darrein
Dower. 5 H. 7. 10.b . 15. 14 Ed. 3. Darrein Prefentment to him in Remainder on a Prefent-
Prefe-tment 34. went by the Tenant in Dower, by the Curtefy,
(b) Note; The lifue in Tail may maintain an &c. Contra, it feems where the Anceffor of
Affife of Darrein Prefentment. 46 . 4. Quere him in Remainder had not prefented. QUnre
of Tenant in Dower fupra. 5 H. 7. 10, IS- 70 Ed. 3. Darrein Prefentment 13. And Men-
14 Ed. 3. Darrein Prefentment 34. tion is to be made of his Ancelor's particular
Sir W. W. If the Bilhop prefent by Lapfe, Prefentments in fetting forth his Title.
pending whimh the Church avoids, he in Rbver- See tc)
3 6. 6b3.i POe
DwH3y4.

L (a) If
 74 Quare impedit.
(a) If the Hufband and Wife prefent unto an Advowfon in the Right of
the Wife, which is appendant unto a Manor of the Wife's, and after the Huf-
band alien one Acre, Parcel of the Manor, with the Advowfon in Fee, unto
a Stranger, and dieth, and the Stranger prefents, and alieneth the Acre unto
another in Fee, faving the Advowfon unto himfelf, and then the Church
voideth; the Wife fhall prefent; and if the be diflurbed, the fhall have an
* Aflife of Darrein Prefentment, becaufe the Advowfon was fevered from the
Acre; but if the Advowfon were appendant to the Acre, then the Wife ought
to recover the Acre before the prefent to the Advowfon.
20 Ed. z. And Aflife of Darrein Prefentment doth not lie for one Coparcener againft A
Dar.Prefentm. the other, as appeareth M. 2o Ed- 3. and M. 15 Ed. 3. pl. I0. Poft. 34. N. P.
ij and 13.
but they feem to make a Difference, when the Difturbance is before the Compofition to prefent by Turns, and
when after.
33 H. 6. 32. And if one Defendant die in a DarreinPrefentment, the Writ is good by the B
The Church Survivor againft the other.
never is lit- If a Difturber prefent unto an Advowfon, and the Patron bring an Affife C
gious betwixt
Parcener; for of Darrein Prefentment, and pendent the Writ the Incumbent dieth, if the
if they cannot Diflurber prefentech another Incumbent and dies ; yet the Patron fhall have
agree, the Or- an Afflife of Darrein Prefentment upon the firft Difturbance againft the Heir
dinary ought of the Difturber, per Journeys Accounts; and fo if the Difturber prefent two
Prefantee of or three Times within the fix Months, the very Patron Ihall have an Affife of
the eldeft; but DarreinPrefentment upon the firft Difturbance.
contrary of
Joint-tenants. 34 Ed. 3. x6. i zR. 2. Counterplea de Vouch. 433.

This Provifo And it was provided before the Lord the King, the Archb hops, Bi/hops, Earls ]0
is taken away and Barons, that for the future no Alife of Darrein Prefentment be taken of Pre-
byWeftz. 29. bendal Churches, nor of Prebends. Hil. 19 H. 3. Vide poft 35. R.

, (b) Quare impedit.

T HE Form of
the Crown fach:Writ of Quare impedit
is the
for the King in the Right of E
T'he King to the Sheriff of Lincolnihire, greeting: Command W. Archbe/hop,
and R. that they permit us to prefent a fit Perfon to (c) the Church of W. which

(a) See Pofl. 34. 17 Ed. 3. 3. az Ed. 3. 6. cept there be more Churches in the fame Vill.
and Co. Lit. 333. a. 363. 9 Eiz.Dyer 259. 13 H. 4 . 872.
* Po. 36. F. 2z Ed. 3 . 6. 17 Ed. 3.3. Note alfo; A Writ brought by the King or
(b) Note; The Summons in this Writ (hall Queen is not unde fueritur, that the Defendant
not be made at the Church, as it (hall be in a injufle, &r. 18 Ed. 3. 1, 2. (as it is in the Cafe
Right of Advowfon, for in this Writ the Ad- ofi common Perfon); alfo if the Words ut diilmr
vowfon is not demanded, but the Diflurbance is be omitted, the Writ is good; yet fee 38 Ed. 3.
to be punithed for the Damage done to the Per- 31. That in the King's Cafe it (hail be ut dici-
fon, by-Danby and other Juflices. ii H. 6. 3. tur, but in that of a common Perfon, in all
(c) Note; There needs not the Name of the Writs it fhail be at dicit, and if it be at dicitur,
Saint, as, ad Ecdefam de Sania M. de W. ex- the Writ fhail abate. 17 Ed. 3. 50, 7+.
2 i
 Quare impedit. 75
is void, and belongs to our Gift, and whereof W. Archbpop, and R. u1ju/Ily Vide Fitz.
hinder us, as it is faid: And unlefs, &c. fummon, &c. the aforefaid Archbjhop NatBev.25.
and R. that they be before, us, &c. or before our Yfuftices of the Bench, &c, may have an
Affife of Dar.
rein Prefentment, there he may have a Quare impedit, but not econtra. C. s Part 102. In a quare impe-
dit, the Writ was to the Churcb; and the Count of the Advowlha oftwo Parts.

For the King may fue this Writ, and every Writ, in what Court he will.
F And if the King hath Title to prefent unto an Advowfon, by reafon of the
Lands and Temporalties in his Hands, of a Bifhoprick, or Abbey, or Guar-
dianfhip of an Heir, then the Writ is:
The King to the Sheriff of Lincolnihire, greeting: Command W. Archbi/hop,
that he per-mit us to prefent a ft Perfon to the Church of W. which is void, and
belongs to our Gift by reafon (a) of the Bi/hoprick of Canterbury being lately va-
cant and in our Hands ; and whereof the fame Archbihof unjufflly hinders us, as
it is faid, &c.
And if it be unto the Prebend, then thus: 71o the Prebend of I. in the
Church, &c. which is void, &c. by reafon of the Bijhoprick, &c. And if it be
by reafon of Ward, then the Writ fhall be; Which is void, and belongs to our
Gift by reafon (b) of the Wardfhip of the Land and Heir of T. fome time Earl of
A. deceafed, who held of us in Chief, being in our Hands ; and whereof the afore-
fid, &c. unjufily hinders us, &c.
And if it be by reafon of Wardfhip by occafion of another Wardfhip,
then the Writ is; Which is void, and belongs to our Gift by reafon of the Ward-
fip of the Land and Heir of J. T. being in the Hands of Lord E. lately Kirg
of England, our Father, by reafon of the Wardflip of the Land and Heir of '.
of C. fome time Earl of Gloucefter, deceafed, of whom the fame J. held his Land
by Knight's Service, being in the Hands of our fame Father; and whereof the fame,
&c. unjufjly hinders us, as it is faid.
G And by the Regifter the King thall join with another Perfon in a Q im-
hare
pedit; and the Form of the Writ is fuch (c):
The King to the Sherif, &c. Command R. of C. thatjuftly, &c. he permit us
and P. of T. to prefent a fit Perfon to the Church of K. which is void, and by
reafon of the WJardhip of the Land and Heir of I. who was the Wife of T. of
N. who held of us in Chief, deceafed, being in our Hands, belongs to the Gift of

(a) Ratione Epifcopat', i. e. emyoralium Epif- (c) It is held by fome, there is a Diverity,
;opatus. i5 Ed. 3. F. Brief 679. ratione Aba- viz. Where the King has Part of a Thing ra-
e wel Epifcopatus. 39 Ed. 3. 21. But if it tione Prwrogative; there, if it be intire, he
be by Alienation without Licence, the Writ is Thai! have the whole, a if one of the Obligees
general, and the Count fpecial. 14. Ed. 3. be Feb deft, or outlawed, the King or his Af-
!Puare impedit 54 ignee fhall have the Aion fole; but if he has
(b) A Writ was brought by the Queen in the Title to a Parcel or Part, by another, there the
like Cafe, Ratione minor' atat' Iflii & haredis King may Li2 join, as if an Obligation be made
WhruhsighsPato hn to aa
S. in cuffod' Regine exiflen' de qua pred' S. Ter. Cuflomer for Cufloms, &c. there the King and
ram Jua' tenuit in Capite, where by the Count it the Cuflomer Thai! join. See 8 Ed. 4. 4. a.
appeared, that he held of one G. who was the 24. b. 19 H. 6. 47. a 10 H. 4. 3. Djer 95.
f"1cc~n'( Ward, and yet held good. 24 Ed. 54. PV?. (or It Lib, Parliament.) z 88.

L 2 us
 76 Quare impedit.
us and of him the faid P. of T. and whereof the aforefaid, &c. unjufjy hinders
us and the before-mentioned P. of T. &c.
IT Ed. 3. But now the common Opinion is, That the King fhall have the whole
Br.Quarcimp. Prefentment alone, and alone ihall have the Aion. But methinks that it
ftands with Reafon, that the King and the other join ; as in a popular A&ion
the Party fhall fue for the King and for himfelf, and the Words of the Writ
are, Who fues as wellfor the Lord the King as for himfelf, &c. and that in an
Aation of Debt, &c. and by the fame Reafon the King may fue for himfelf
See20 H. 4.3. and for the Party. And the common Experience is, that a Man fhall hold
contr. and Lands in common with the King, and alfo Chattels: And by the fame Reafon
9 H. 6. 60o the ma have the Prefentment or Advowfon in common.
contr. bu ntheym
jointly. And if a Man be diffurbed to prefent unto a Parfonage, then the Writ H
fhall be, (a)'tommand, &c. that he permit him to prefent, &c. to the Church,
&c. for the Word Ecclef/a is always intended a Parfonage. And if it be a
Vicarage, then the Writ is, 'Ihat he permit him to prefent to the Vicarage.
And if it be a Prebend, then, to the Prebend; and if. a Chapel, to the Cha-
pd; and fo he ought to (b) name the Advowfon as it is, &c. 8 H. 6. 22.
[ 33. ] A Man thall not have a 9,uare impedit de Advocat medietatis, nec de medietat' A
14 Ed. 4. 2. Advocationis, &c. And if one Man hath the Nomination unto an Advowfbn, B
3i Ed. s.5 and another hath the Prefentation, if he name his Clerk, and he who hath
F2R. 3 . Quare
rimpedit oz. the Prefentation prefent (c) another Clerk ; he which hath the Nomination
i H. 5. 1, z. fhall have a Zuare impedit, and the Writ thall be, That he permit him to pre-
17 Ed. 3. x2.fent, &c. and in his (d) Count he fhall fet forth the fpecial Matter, and it
4 4 Ed. Quare fhall be good.
SH.it 6. (e) And fo if a Man hath a Chantry, which is a Donative by Letters Pa- C
infrac. D. H. tent, and he give the fame unto a Clerk, who is difturbed by another, or
another doth prefent to his Chantry, or giveth the fame by Letters Patent;
be which hath Right Ihall have a quare impedit of that Donative; and the
Writ fhall be, 9'hat he permit him to prefent, &c. to the Chantry, &c. and in
the Count he fhall fet forth the fpecial Matter. See 14 H. 4. I1.

(a) And Note; Such Writ was at the Com- (d) See accordingly a2 Ed. 4. 22. 4. 14 Ed.
'non Law. 14 H. 3. .Qare impedit 183. ad 4. 2. b. and 14 H. 4. 1 j. the Writ Zod permit-
Capellam. 2 H 3. Grants 89. ad icariam. tal nominare was abated by Award in the like
(b) In a Zyare impedit prefatare ad Eccle- Cafe.
fiam, it is a good Plea to the Writ, that it is (r) A Z9are impedit of a Chantry ought to
but a Chapel; for Erlefa fhall be intended a ihew in what Church or Chapel the fame is.
Parith Church. 5 Ed. 3. 6o. 22 Ed. 3. 2. a. 12 H. 4. 19. See Lib. Zntr. 499.
12.a. 8H. 6. 32.a- 37. a. i 3 H. 4 . Brief A Zare impedit lay of a Chapel at Common
87o. & infra E. F. Law. 21 H. 3. 9,9are impedit 183. And fo it
(c) See accordingly i H. 5. 1, z. 4 Ed. 3. 69. did of a Prebend. 13 R. 2. Brief 64;.
21 H. 6. 17. a. and he fhall have a Writ to the Note; A Ruare impedit of a Prebend mull be
Bithop to admit the Prefentee whom he has na- brought in the County where the Cathedral
ined to another, whether the Writ be brought Church is, and not in the County where the
againft him who had the Prelentation, or againft Body of the Prbend lices. 5 Ed. 3. Brief 235,
a Stranger; yet fee 24 Ed. 3. Zare impedit 27- 645*
and 2 R. 3. Zare impedit oz. that it lies not
for him who has only the Nomination.

And
 Quarc impedit. 7
D And if a Bithop be difturbed to prefent where he ought- to make Colla-
tion, the Writ thall'be, That he permit him to prefent, &c. and he fhall count
upon the Collation. (a)
E (b) And to if the King be difturbed to collate by his Letters Patent
unto his free Chapel, he thall have a Vuare impedit, and the Writ
fball be, That he permit him to prefent, &c. to the Prebend in his free
Chapel, &c.
F And a -tuareimpedit lieth of a Priory, or of an Abbey; and the Writ 14H.4. 36, b.
lhall be, Thdt he permit, him to prefent to (c) the Priory or Abbey, &c. See
the Book of Entries 59. and 18 Ed. 3. Queare impedit accordant '
G And there is another Form of Writ, That he permit him to prefent to the
Church of the Houfe of Saint Martin of Briftol, which is void, &c. and fo of
an Hofpital, and the like. Fide Lib. Entr. 5o6.
H And a Man fhall not have, a 9,uare impedit if he cannot alledge a Prefent-
ment in himfelf or in his Anceftors, or in another Perfon, from whom he
claimeth the Advowfon, and that' in his Count, if it be not in fpecial
Cafes: As if a. Man at this Day ere& a Church parochial by a Licence
of the King, or other Chantry, which ftall be prefentabk, &c. if he beaEd.4.z,3*
difturbed to prefent to the fame, he fhall have a Quare impedit, without s6 H. 7. 8.
aledging of Prefentment in any Perfon, and ihall count upon the fpecial Keble ac.
Matter.
(d) And if a Man doth recover an Advowfon againft another in a Writ Potl. 36.
of Right, when the Church voideth he fhall prefent, and if he be difturbed,
he fhall have a Quare impedit, and alledge the Prefentment in him againft
whom he recovered, without alledging any other Prefentment. And a Poft. 35. 0.
Man fhall have a Xae impedit, and alledge a Prefentment by his Protor,
and it fhall be good, without alledgitg a Prefentment in himfeilf: Quod
vid. I7 Ed. 3.
K (e) And if an Abbot bath been Parfon imperfonee Time out of Mind, C.Z.pArs
and afterwards- the Abbey is difturbed, he of whom the Advowfon is holden 47. b.ac.
Thall prefent, and if difturbed, thall have a 9uare impedit, without alledg-
ing of any Prefenitment in the Count, but fhall thew the fpecial Matter.
L (f) If Coparceners make Partition to prefent by Turns, and fo db, Ant. 3z G.
and afterwards the younger Sifter die, her Heir within Age, and in Ward-22 Ed- 4. 9-

(a) See s6 Ed. 3. Brief 66o. Raft. Ent. So i. a Sdrs-ftdai for the Pre~ntnert, 15 B4 z.
37 Ed. 3. 64. Jaere impdit 17z.
(b4 See " 3 H. 4. Brief 170. where Eakfla (i} In a Qva* imledi, the Plaintiff ought to
Shall be intended a parochial Church. See t6 declare that the Prefentment was made in Time
Ed. 3. Brief 66o. ant. H. of Peace. 19 Ed. 2. Zare impedit 175. ant.
(c) Note; A Priory may be Parochial and 3i.
Pelfentative, and then the Writ may be, 4d Ec- (fI See 21 Ed. 3. 32. if the King has- -a
defam. 13 H. 4. Brief 870. 18 Ed. 2. Bri!f Advowfon in Cbnmon, or with another, as by
828. and 7'reffafi 237. reafon df Nonage of an Infant who has Tide to
(d) See 1.4 Ed. 2. Quare impedit 171, 172. prefent by Tr, or otherwife, the King by his
where he may have a Scire facias on the Judg- Prerogative Thall have the Prefentment on every
ment for the Difterbance, but that on the judg. Avoidance, as - ig as any of the Lands are i
ment in a Writ of Right, he had Seifin deli- his Hands. See 21 Ed. 3. 27. The King made
vered by the Sheriff ; yet for that he cannot Title only to the fourth Avoidance by Reafon of
have Seiiln of the Churth without a Prelent- Wardfhip of te Parcentr, after Partition
ment; when the Church avoids, he have madt. Pniall
to
 78 7 Quare impedit.
1a Ed.I. to the King, and afterwards the Church void two or three Times during the (I
dit z. Nonage of the Heir, who is the King's Ward; the King thall prefent, and
38 H. 6. 9. if e be difturbed, he fhall have a yuare impedit alone, as it appeareth Mi.
Dyer 322. '22 Ed. 4. But, faving the Opinion of the Book, I conceive the Law-to be
21 Ed. 3. otherwife; becaufe the Inheritance of the Prefentment is (a) feveral, &c. M
Er. Quare Im- (b) And if two Sifters be, and have an Advowfon which
becometh void,
the eldeft Sifter thall have the firft Prefentment ; and fo the Hufband .of the
eldeft Sifter (if he be Tenant by the Curtefy of the Advowfon) thall have the
firft Prefentment; and the Tenant in Dower fhall have but the third Prefent-
ment, &c.
x6 H. 7. 8. (c) If the King have an Advowfon in Fee, which voids, and during the N
3 Cro 96. Avoidance the King granteth the Advowfon in Fee, the King hall not. pre-
,8Ed. 3. 22. fent to this Avoidance : But if the King have an Advowfon by reafon
2 Ed. 3 . 29. Temporalties of a Bilhop, and during of the
39 Ed. 3. 21. TePoate ofaBfoaddrn the Avoidance the King reffore the Bi-
h vidneteKn etr h i
See 34 P. fhop the Temporalties, yet he fhall prefent unto the Advowfon, and not the
Bifhop, for this Avoidance.
(d) If the Heir fue his Livery and hath it, yet the King hall prefent unto .0
an Advowfon which became void during the Time that the Advowfon and
Land were in the King's Hands. (e)
24 H. 8. (f ) If a Man be frifed of an Advowfon in grofs or in Fee appendant unto P
Dyer 4. C. 3. a Manor, and the Advowfon void, and he dieth, his Executor
Part 3. and not the Heir, (g) becaufe it was a Chattel vefted fhall prefent,
and fevered from the Q_
5o Ed. 3. 26. Manor. And if a Man uc diffeifed of a Manor unto which an Advowfon is
ac. Vid. after appendant, and the Advowfon become void, the Diffeifee may prefent and
34X, and have a Quare impedit, although he hith not entered into the Manor. But if R
29E 3. the Bilhop die, and the Advowfon happen void before his Death, the King
27 Ed 3. 89. fhall prefent unto the fame by reafon of the Temporalties, and not the Bi-
hop's Executors. 8 Ed. 2. Prefentment 10. 39 Ed. 3. 21.
2 H.4. s . (h) So if a Man have a Manor unto which an Advowfon is appendant in S
4o Ed. 3. 4- Fee, and the Church void in the Father's Time,
after 4 K,
and the Father die, and
343 E. his

(a) But if the King's Tenant dies, having has no Right of Seifin, and afterwards there is
Iffue three Daughters under Age, the King an Oufler le main cum exitibus; if an Avoidance
thall have all the Prefentments. See 31 Ed 3- happens in the mean Time, and the King has
Quare impedit 100. 38 H. 6. 9. 2z Ed- 4, 9* prefented, the Incumbent thall not be removed;
zo Ed. 3. Quare impedi 65- 45 Ed- 3, 1 2. but if he has not prefented, he fhall have the
34 H. 6. 40. Avoidance. See 5 Ed. 3. 6. 4 Ed. 3. 2.
(b) Vide Poji. 34. ( 0, P) 5 H. 5. 16. 18 Ed. 3. 21. 24 Ed 3. 28, 29. 27 Ed. 3.
18 Ed- 3-.22 81, 89. 3 9 Ed. 3. 21.
( c) ide contra. Except there are fpecial (e) See 18 Ed. 3. 2z. 46 Ed 3. Grants So.
Words of the Avoidance. i6 H. 7. 8. Dyer 6 Ed. 2. Prefentments 9.
282. 302. a. 348. a. and See accordant (f) SeezH.7. 21. 4 4 Ed 3. 3 . zH.6. 9.
18 Ed- 3. 58. a. but contrary in the Cafe of a 33 H. 6. 3 3. 9 Ed- 4- 3 9 -
common Perfon, Ia H. 4. 54. b. and an A- (g) See 9 H. 6. 33- 4 Ed. 3. 2. contra.
voidance fallen is not grantable by a common 39 Ed. 3. 2. contr. fed 44 Ed. 3. accordant.
Perfon. Dyer 283, 348. See Stamf Prerog. 44. (b) Note; Though the fix Months pafs in
46 Ed 3. Grants So. 18 Ed. 3. 22, &c. in the Father's Life-time, the King thall have the
Marg. Prefentment againft the Bilhop, if t.- Church
(d) Note; If the King be feifed of a Manor be not full. i8 Ed. 3. 21. a. 29 Ed. 3- 8.
to which an Advowfon is appendant, whereto he Where the King grants the Advowfon to A.
till
 Quiare impedit. 79
his Heir in Ward to the King, the King thall have the Prefentment.
18 Ed. 3. 21. 2 7 Ed. 3. Eftoppel 240. Conir. 3 9 Ed. 3. 21.
T (a) Guardian in Socage of a Manor unto which an Advowfon is appendant,
and the Church void, the Heir fhall prcfent, and not the Guardian, becaufe
be cannot account for the [uqie.
V If the King grant unto an Abbot and his Succeffors, that the Monks fhall
have the Temporalties during the Vacation ; now if the A.dvowfon happen 1yEd. 3. 5,1
void during the Vacation, the Monks fhall prefent to the fame. Mich. 30
Ed- 3-
A The Prefentation to the Vicarage doth of common Right appertain unto
the Parfon ; but he may grant the fame to another by Affent of the Patron Poft. 34.
and Ordinary.
The Heir in Tail thall not have a Prefentment -fallen in the Life of the [ 34]
B Tenant in Tail, but the Executor of Tenant in Tail. (b) So the Ter-
mor fhall have the Prefentment which happeneth during the Term, although
he hath not prefented during the Term to the Advowfon, &c.
C (c) The King may repeal his Nomination or Prefentation, but a common 7H.4. 3.
D Perfon cannot do fo. And the King thall have a Writ unto a Bifhop to Dyer 260.
induaS{ one into a Prebend which the King hath given unto him ; and to give 25Ed. 3. 47*
him a Seat in the Quire, and a Place in the Chapter-Houfe. Robert de
E And a Man fhall have a Zuiare impedit of an Hermitage, and a Writ to
put him into corporal Poffefflon.
F (d) If the King recover by Zare impedit, and afterwards ratify the Etate
of the Incumbent; yet at the next Avoidance the King fhall prefent, becaufe
his Recovery and Judgment for him was not executed. T. 9 Ed. 3. In a
free Chapel of the King, where the Dean ought to give the Prebends, if he
do not collate within fix Months unto them, then the King thall prefent by
Lapfe to them as Ordinary.
G If an Advowfon be void by fix Months, at which Time the King is feifed
of the Temporalties of the Bifhoprick, the King fhall prefent to this Advowi fbe',
as the Bifhop fhould do; and the King thall have a Quare impedit of to
Sub-Deaconry of Tork, which voided when the Temporalties of the Archb
thoprick were in the King's Hands; and the Writ fhall be, That he per ::
him to prefent; and yet the King fhall give this Sub-Deaconry by ins Ltrs
Patent.
till his full Age, and the Church avoids, during See 9 d. 3 6, 19 H. 6 2 FaA 2
the Term, and afterwards the Heir prefents, (c) The King may repeal hi Prefentnctt
and comes of fll Age, before the Church is although te Clerk be inftituted, provided he
full, the King thall have the Prefentment, be not indued. 25 Ed. 3. 47. a. 38 Ed.3.10
(a) It foee., the Prefentment ought to be But a common Perfon cannot repeal his PrefrT.
in the Narne of the Heir, and yet a Guar- tation. D'r 292 a.
dian in a Qyare impedit againit him may make / Patron nevrtbelefi way prefent Jever
Title againit tie Stranger in Right of the Heir, Perfons accumulativey, and there y/a/i he Roo,-i
and alfo have c. 1 t to the Bifhop thereupon, for plea,/ing the Bi/hop. Lindwood de .7w Pa-
but he cannot maiorain a Zuare impedit. z 9 Ed.3 . onatus, cap. j. See t4 Ed. 4. 2.
5, 14, 22. 27 LEd. 3. 89. a. 8 Ed. z. Pre- (d) See a good Cafe that accords herewim,
/ebtment n0. n8Ed
321.
u and fee 9 Ed. 3. 20 .
 So . Qieare impedit.
3t Ed. 3. Where Partition is made betwixt Coparceners by Licence of the King of H1
an Advowfon in a Court of Record, as in the Common Pleas, and afterwards
the Coparcener who hath the next Turn dieth, her Heir within Age and in
Ward to the King, and the Church void; the King thall have a Scire facias
againft the other Coparcener, &c. upon that Partition, and yet he was a
Stranger to the Partition.
6 Ed. 3. Qu. (a) If two Coparceners make Partition to prefent by Turns, although that I
imp. 39. one of the Coparceners do afterwards ufurp upon the other Coparcener,
and prefents in her Turn, that Prefentment lhall not put her out of Poffeffion,
but the fhall have her Turn when it falls again, and fhall have a Quare in.-
pedit, or a Scire facias upon the Compofition if it be upon Record, if he
be diffurbed for to prefent, &c.
So Ed. 3. t6. (b) If a Bifhop make a Collation, and before InduaRion or Inflallation K
31 Ed. 3. 4. dieth, and the King feifeth the Temporalties; he fhall have this Prefentment,
becaufe that the Church is not full againift the King, until the Parfon or Pre-
bend be inflalled or induaed.
24 Ed. 3. 33. (c) If a Parfon have a Parfonage, and afterwards doth 'take another Bene- L
fice without Difpenfation ; now the firft Benefice is void, and the Patron
thereof may prefent, for this Avoidance is called Ceffilon.
Br. Prelent- (d) If in Time of Vacation of an Abbey or Priory, a Church happen M
ment al Eg- void, which is of the Patronage of the Abbot or Prior, and a Stranger doth
life 46. ufurp and prefent thereunto; this Ufurpation fhall not prejudice the Succef-
*24 Ed. 3 ,z6. for *, but at the next Avoidance of the faid Church he may prefent, and
See Co. Lit. have a Zare impedit; but otherwife it is if an Ufurpation thall be had in the
360. Time of his Predeceffor, for that fhall put the Succeffor out of Poffeflion, if
the fix Months be paft.
24 Ed. 3. 26. If a Vicarage happen void, and before the Parfon prefent, he is made aN.
Bifhop, &c. yet he hall prefent unto this Vicarage, becaufe it was a Chattel
vefled in him.
(e) The Founder of a Priory fhall have a Quare impedit againft the Sub- 0
prior and the Convent, if they diflurb him to prefent to an Advowfon
which belongeth to the Houfe, if it void during the Vacation, where the
Founder ought to have the Temporalties during the Vacation. P. Ed. 3*
9
39 Ed. 3- 21. If a Man traverfe an Office found of a Manor unto which an Advow- P
Ant. 33 N. fon is appendant, and upon the Traverfe (f) the King leafeth the Manor

(a) See rz Ed. 3. 9. 13 H. 8. 14. zz Ed.4 . 9. Bifhop, be is Parfon againfi every common Per-
s 7 H. 8. 1xx. Con before IndufUon, and has the Cure of Souls,
(b) See 38 Ed 3. 3, 4. And fo it is of his and (hall have the Profits before Indu&ion.
Tenant who dies before his Clerk is indueted. 31 Ed. 3. 4. by.Kirto and Morsion. (srd.9,,eig
38 Ed 3. 9. a. If the King has a Prefenta- per W. B.)
tion pro bae vice, and his Clerk dies after In- (e) The Patron of an Abbey prefentative
ftitution, and before Induhon, the King thall brought a Zmare impedit againa the Superior
prefent. i8 Eli. DYer 348. (Sutrior) and Convent. is Ed. 3. Zare im-
See per W.W. 222H.6.27. 21 Ed 4 . 34. 4 pedit 1537. Ed. 3.';.
38 E. 2. 41. i H. 4. 91. -f) For in that Cafe the Leafe amounts to
(c) See 4 . 74. 6. I H. 4. 37, 6o, 91. a Reltitution, but if the King feizes a Priory
5 Ed. 3. 9. alien, and leafes the Priory to Farm during
(d) See Co. Lit. 263. 6. Wef. 2. c. 5. the War, without mentioning the Advowfon.
Jf a Parfon be admitted and inflituted ky the the King iha have it. 29 Ed 3. 18. (or 98.)
unto
 Quare impedit. 81,
unto him who tendered the Traverfe without mentioning the Advowfon, and
afterwards the Church void, he who tendered the Traverfe fhall have the Pre- s Ed, 3. 6.
fentment, if the Traverfe be found for him.
If a Feme be affigned the third Part of a Manor unto which an Advowfon
is appendant in Dower, the fhall have the third Prefentment.
R If the Patron be outlawed in Trefpafs, and the Church void, the King fhall r4 H.6. 24.
prefent, becaufe of the Outlawry (a). Newton,
Fenie is di.
s (a) (b) If a Feme purchafe an Advowfon, and take a Hufband, and the ilurbed and
Church void, and the Stranger doth prefent, and the Hufband fuffer an Ufur- taketh Hur-
pation, &c. by this Ufurpation the Wife fhall be out of Poffeffion after the band, the
fix Months paft; andfix fhe fhall be put to her Writ of Right of Advowfon, Church
Mnthsthe void,
Ejufband
if fhe have prefented before-, and *if the have not prefented, the is without p re t
Recovery: But otherwife is it, if the Feme fhall have an Advowfon by De- fame thali veft
fcent or by Courfe of Inheritance. the Right in
T If an Infant or a Feme Covert do not prefent within fix Months, the Bifhop the Wife.
may prefent for Lapfe (c).
U (c) One Joint-tenant, or Tenant in common, fhall not have a Quare-impedit
for the Advowfon which they have in common, or in Jointure, if one of
them prefent folely againft his Companion. But if two (d) Coparceners can-
not agree in the Prefentment, the eldeft Sifter fhall have the firft Prefentment,'35H. 8.
and he who hath her Eftate fhall have the firft Prefentment; and if he be di- Dyer 5. Ad-
fturbed by the other Coparcener, he or he who hath her Eftate fmall have a' vd no to
Quare impedit againift the other (e) Sifter; and the Coparceners, and thofe who Coparceners,
have their Eftates, mhall prefent as Coparceners ought to do, fcil. the eldeft one of full
and the
firift, and then the middlemoft, and then the third, and then the fourtb and.Age,ohrwithin,
fo as they fhall' be of Age, &c. Age, the
Guardian
marrieth the eldeft, the Church void, he prefents in both their Names, the youngeft cometh of Age. Some are of
Opinion, that if they do not agree the eldeft ihall prefent, and it thall be her Turn: Others contrary. U."

X If an Infant have a Manor unto which an Advowfon is appendant, and fuf-

fereth a (f) Ufurpation when the Church becometh void, and afterward at full Poft. 3 5.M.
Age grants the Manor in Fee, and afterwards the Church become void; the 1 35-
Infant fhall prefent, and not the Feoffee of the Manor, for the Advowfon was;
fevered by th Ufurpation ; and yet the Infant may prefent to the fame.
A If the King's Tenant hath Title to prefent unto an Advowfon, which is 18 Ed. 3. 21.
void, and the fix Months pafs ; and afterwards the King's Tenant dieth before Ante 33. R.

(4) See26.fpl.71. 4Ud.6. 5 8. 35H.6.63. if) See accordant adjudged, 16 Ed. 3. F.

(b) i Ed. z. Znare impedi 43. ante 3 1. I. uare impedit 67. But catra by Danby, 33 H.
Wefl. z. c. 5. 19 H. 6. 40. 22 H. 6. z6. 6. I3. in the like Cafe. Yet if the King was fo
43 Ed. 3. 15. as Ed. 4. 9. feifed, and granted the Manor cam dvocatione,
(c) idepefl. 3S. 6 Ed. 4. 10. 27 H. S. xY. at the next Turn the Grantee fhall prefent; 'per
3 4 L 6. 4o. Cur'. For it was not made difappendant by the
(d) See 9 Bliz. 333. a. Bro. Prfentmeut al King's Ufarpation.
E,910 53, 34, 56, 4o. See 16 Ed. 3. Bra. Prefentment 6o. That -n
(e) See Dolear and Student 116. 6. eate 3 3B. Infant may prfent.

M the\
 82Quare impedit.
the Bilhop prefenteth for Lapfe, his Heir within Age, and in Ward to the
King, the Bifhop thall not prefent for Lapfe, but the King thall have this
Prefentment by reafon of the Wardfhip. P. i8 Ed. 3.
If Tenant in Tail of a Manor, unto which an Advowfon is appendant, B
difcontinue the Manor in Fee with the Advowfon, and after the Difcontinuor
granteth the Advowfon unto another in Fece, and afterwards doth re-infeoff
the Tenant in Tail of the Manor, who dieth feifed of the Manor; his Heir
ihall prefent unto the Advowfon, when it fhall happen void: And if he be
diffurbed, he fhall have a guare impedit, becaufe he is remitted unto the
Manor, and hath not Remedy to come to the Advowfon. 29 H. 6. Quare
impedit 79.
The Defendant in a Zuare impedit may fue a Ruare impedit againft the C
Plaintiff, if his Clerk be not admitted nor infrituted. And if the Plaintiff's
Clerk be inftituted and induaed pendent the Writ, it fhall not abate the Plain-
tiff's Writ; but in that Cafe if the Defendant recover againft the Plaintiff, he
fhall avoid the Plaintiff's Clerk ; and fo if the Defendant's Clerk be admitted
pendent the Writ againft him, if the Plaintiff recover, he thall avoid the De-
fendant's Clerk: But if the Clerk of the Defendant were admitted.and infti-
tuted at the Time of the Purchafe of the Writ, and the Plaintiff purchafe
the Writ only againft the Patron, not naming the Incumbent; although the
Plaintiff recover, he fhall not avoid the Defendant's Clerk, becaufe he might
have named him in the Quare impedit.
If a Stranger do prefent unto an Abbey or Priory which is eligible by the D
Convent, and his Clerk be inftituted and induded ; qaere how this Wrong
may be after redreffed and reformed. See 22 H. 6. 25, &c.
2o Eliz . If a Man have a Chapel or Chantry which is donative by Letters Patent, E
Hare's Cafe, and he (a) once prefent unto the Ordinary his Clerk to the Chantry, he thall
he ought to be never after collate, but ought to prefent unto the Bifhep ;
and if he
idu~d. prefent within fix Months, the Ordinary fhall have Advantage of the do not
Lapfe.
See 22 H. 6. 26, &c.
A Prefentment made by a Stranger unto an Advowfon which is appropri- YP
ated unto an Abbey, be the Prefentment in the Time of Vacation, or in the
Time of the Abbot, is void, although that the Clerk be, inftituted and in-
duded: But if the Abbot himfelf prefent unto the (b) Bifhop his Clerk to an
Advowfon which is appropriate to his Houfe, this Prefentment doth difap-
propriate the Advowfon, and make it prefentable after; and if he do not
prefent within fix Months after every Avoidance, the Bifhop fhall prefent for
Lapfe. The Bifhop ought to prefent his. Clerk for whom it is firft found by
rft. 49. H. a 7ure Patronatus. See H. 6. 39,
34 G
, H. 7. 9. The Bifhop fhiall have the Advantage to prefent by Lapfe, where the HR
S& 3,Ed. Church doth. become void by Refignation or Deprivation, without giving

(a) It is otherwife if a Stranger does it alone. Inlitution, &c. is a Iifappropriation. i i H. 6

22 H. 6. 25, 26. Fide PSI/ 42* 32, 53. 22 H. 6. z8.
(b1 So that it feems the 'refentment without See Plowd. Soo, Sos. Bre. .uare impedii 38-
H. 6t 39c
)3N
(a) Notice
 Qyare impedit. 93
(a) Notice thereof to the Patron. See 5 Ed. 4. 9. r II. 7. 9. Bro. Np- Dyer z93.e.
tice, &c. 237.
I Where the Bithop doth refufe the Clerk of the Patron for Non-ability, or Doaor and
for Crime, he ought for to give (a) Notice thereof to the Patron, otherwife Student 177.
he fhall not prefent for Lapfe ; but after the fix Months paft, the Patron fIhall 12 EiZ.
have a Writ to the Bifhop, if the Church do remain void, and the Bilhop Dyer 293.
hath not collated thereunto.
K The Chancellor of England fhall prefent unto all the King's Churches which Seei 3 Ed. 4 -3.
are ugder the Sum of twenty Marks by the Year, which are in the King's ti H- 4. So.
Gift, and in the Right of the Crown: But if the King hath them by any 38 Ed. 3! g.
other Title, then the Chancellor fhall not prefent unto them.
L The Death of one Plaintiff, nor the Nonfait of one Plaintiff, thall not abate Co. so Part,
the Writ, but he fhall be fevered. 134.
M Where an Infant hath an Advowfon by Defcent, and the Church voideth, 38 .3.3t6.
and he who hath Title paramount doth ufurp, and prefint unto the fame
Church, and the fix Months do pafs ; he is remitted by this Ufurpation, and
the Infant out of Poffeffion, and without Remedy by that Ufurpation.
N If a Man hath an Advowfon, and the Church doth become void, and two
Strangers do feverally prefent their Clerks to the Bifhop to that Advowfon ;
the Patron thall have divers 9,uare impedits againft them, if he will, and fhall
have feveral Judgments, and fhall recover feveral Damages for their feveral
Prefentments and Wrongs done. ,
0 If a Man maketh another his Prodor, to, prefent unto all his Advowfons, I7 Ed. 3. 6o.
and to do feveral Things for him; if the Proaoy prefent, as Proaor unto Fitz. Quare
Impedic 68.

(a) Nor fhall Lape devolve to the King with- 346. Baron's Cafe. And for the Form of a
out Notice. See alfo touching Notice, 7 Elix. publick Intimation of Deprivation for not read-
Dyer 2. 5 Ed. 4. 9. 1 H. 7. 9. Bra. Notice 6 & ing the Articles, fee Dyer 369.
t9. and 14 H. 7. 21. A Diveifity, where the (Sir W W) The Statute 24 H. 8. of Re&i.
Patron is a Layman, or not. -Alfo 1I H. 7. A dence, cap. 2. If one has a Benefice with Cure
Diverfity where it is of a Matter whereof the of eight Pounds Value, and -takes another, the
Patron may take Notice, or not. flrlt thall be void as if he were dead. Here the
(Sir M. H.) Note; No Lapfe fhall be without Biflhop need not give Notice to the Patron, be-
Notice, although that the Church be declared caufe it is void by the Statute, by Dyer and We-
to be void, for that the Incumbent was ener? flow; which Brown denied, and faid, That the
Laics. Dyer 293. Pickering'sCafe, in the Cafe Notice remained at Common Law, and by the
of a Layman. In the Cafe of Death the fix Common Law the Bilhop fhould give Notice of
Months thall be computed from the Time of the a Cellion where one had a Plurality, &c. 7 Eliz.
Death, and where the Patron prefents, and the iv6.
Bilhop refufes for Non-ability, the Bifhop ought 26 H. 8. If any fpiritual Perfon be certified
to give Notice of the fix Months: Yet if the by the Bilhop into the Exchequer for Nonpay,
Patron does not prefent within fix Months forn ment of Tithes, that ipfofadle the Church thall
the Time of the Death, (and in that Cafe, not be void. Here the Bilhop thall not give Notice
from the Time of Notife of the Refufal) the to the Patron of this Avoidance, becaufe a newer
Lapfe thall incur. Dyer 3Sa. b. &c. for the Avoidance is given by the Statute, than was at
Church of Hougbton. And fee there, that No- the Common Law before, by Dyer and feon,
tice ought to be given at the Church-Door, if 7 Elix. which Brown exprofily agreed, (denied)
the Patron cannot be perfonally found. Dyer oafpra.

M .2 hi m,
 84 Quare impedit.
him, unto an Advowfon unto which he hath Right to prefent in his own
Right, that Prefentrnent fhall put him out of Poffeffion of the Advowfon,
and fhall give the Poffefflion to the other.
In a 9jare impedit for the King, although the Defendant hath a NWrit unto P
the Bifhop againft the King, the King may have a new ware impedit againft
him of the faid Avoidance, and make other Title.
See at Ed, 3. If Prior and Convent ought to chufe the Abbot, and name him to the Pa- Q
QUare imp. tron, and he to prefent him to the Bifhop, and they chufe one for Abbot, and
27. n~rame him to the Patron, (a) and the Patron doth prefent another to the Bi-
thop ; they may fue in the fpiritual Court for Remedy, as it is faid, H. zi
E'.3. Tamen quere; for it feemeth they are enabled to fue at the Common
Law, as well as they are enabled to chufe and name the Abbot. As the Prior
4 o Ed. 3. 28. of Weminfler and the Convent hath Power to fue their Abbot for an Advow-
per Fortefcue. fon. M. 20 Ed. 3-
If the Difturber prefent two or three Times within the fix Months, yet a
Quare impedit lieth againft the Diflurber upon the firft Prefentment, if he pur-
chafe the Writ within the fix Months.
[ 36. J Where a Man doth recover in a Writ of Right of Advowfon, he fhall pre- A
6 H. e. 8. fent at the next Avoidance, and thall have a ! ,uare impedit, without alledging
per Keble. any Prefentment in himfelf or his Anceftors, but fhall declare upon the
39 H. 6. 25. cord, (b) or may have a Scire facias upon Re-
the Recovery. And fo may his
Heir have a Scire facias upon that Recovery againft the Heir of the other
Party, at the next Avoidance after the Recovery ; but not after, as it
feemeth.
SEd. 2 f. If a Man recover in a Quare impedit, he fhall have a Scire facias againft the B
Patron and the Incumbent who made Default, if he will fue Execution of this
Recovery (c).
If Coparceners make Partition in the Chancery, or in the Common Pleas,. C
to prefent by Turns, and afterwards a Stranger doth ufurp in their feveral
Turns; yet after, when their Turns come,, every of them may have a Scire
facias upon this Partition againft the (d) Stranger when his Turn cometh, to
fhew wherefore he fhould not prefent, notwithftanding the Ufurpation afore-
s a.7, 8, faid. Bt otherwife it feemeth it is, if the Partition be of Record, then they
.hall be put to their Writ of Right by reafon of this Ufurpation.

(a) Note; In fuch Cafe the Profits are to the the Heir fhall not have a Scirefacias on a Reco.
Prior, and yet the Freehold is in the Abbot. very in a Quare impedit. 9 H. 6. 57. a. be-
xo Ed. 3. Non-ability 9. 14 H. 4. to. ad- caule in the 9juare ispedit the Prefentment only
judged. is recoverable, and not the Advowfon.
(b) See 13 Ed 3. Scirefacias i 18. Where the (d) Yet fee the contrary 33 Ed. 3. Z94are
Conufee of a Fine of an Advowfon brought a Scire impedit j96. which feems not to be Law; for
faciai at the next Avoidance againft the Heir of there it was brought againa an Eitranger, and
the Conufor, and held good without fhewing any held, That though by fuch Ururpation he put
Prefentment. the one Coparcener (whofe Turn it was) out of
(c) He thall have a Scire facias againit the Poffemfion ; yet it did not put the other out of*
Reir at the next Avoidance. 39 Ed. 3*25 . But Poflklion. See 43 Ed. 3. 5. 212 Ed 4. 9.
A

If
 Spoliation, 8Y
D If Coparceners make Compofition to prefent by Tumns, (4) and a Stranger
doth ufurp, and prefenteth in the Turn of one of them, yet if they will they
may jon in a Zare impedit againft the Stranger, notwithftanding the Compo-
fition. And after Compolition to prefent by Turns, if they do prefent in
common, they may well fo do. But it feemeth by that, that the Compofi-
tion is waved; for if Coparceners (where one is within Age) make Compofi-
tion to prefent by Turns, and at full Age they prefent contrary to this Parti-
tion, thefe Prefentments fhall avoid the Vartition made before.
E . If the eldeft Son by the firft Venter prefent, and dieth without Heir, and 3 H. 7. 5t
afterwards the Church becomes void, the younger by the fecond Venter thall
not prefent, nor have this Advowfon. But Devon faith, If a Man hath two to Ed. 3. 5,
Daughters by divers Venters, and they enter, and make Partition to prefent o AL L7.
by Turns, and one dieth withoqt Heir, the other Sifter Ihall be her Heir:
Which was.granted. But after the Partition, if one Sifter hath prefented, and
afterwards dieth without Heir, it feemeth her Sifter of the Half-Blood f$all
not be Heir unto her.
F (b) If a Man be diffeifed of a Manor unto which an Advowfon is appen-
dant, and the Diffeifor fuffer an Ufurpation by a Stranger unto the.Advow-
fon, and afterwards the Diffeifee doth re-enter into the Manor; he fhall
prefent unto the Advowfon when it doth. become void, notwithftanding fuclh
Ufurpation.

Spoliation.
O tIERE is a Manner of Suit called Spoliation, for the Fruits of a Church,
.A or for the Church itfelf, which is to be fued in the fpiritual Court, and
not in the temporal Court; and therefore there is no Writ thereof in the Re-
gifter. But it is good to be known what Perfon fhall have that Suit, and
againft what Perfon it will lie, and for what Thing, he fhall fie, and when he
fhall fue, and in what Court.
H Spoliation properly lieth for an Incumbent againft another Incumbent, where 38 H. 6. 2V
the Right of the Patronage doth not come in Debate : As if a Parfon be Fortecue.
created Bifhop, and hath a Difpenfation to hold (c) his Redory, and after-
wards the Patron doth prefent another Incumbent, who is inflituted and in-
duaed ; now the Bifhop thall have a Spoliation againft that Incumbent in the
fpiritual Court, becaufe he claimeth by one Patron, and the Right of the Pa- 26 H. 8. 3.
tronage doth not come in Debate.
And fo if a Parfon do accept of another Benefice, for which the Patron 38 H. 6. 2o.
prefents another Clerk, who is inftituted and induaed ; now one of them may
fue a Spokiation againft the other, and then it fhall come in Debate, whether

(a) Note; They may wave the Pattition of (b) See 241H. 6. i6. 33 H. 3. 33. 3 4.
the Advowfon and the Allotment thereon, and 7, 8. See alfo 8 H. 6. 17. a. 14 H. 6.H.j5.
prefent by a new Partition. 21 Ed* 3. 31. And fo it is if a Diffeifor has prefented.
i3 Ed. 3.. Zmare impedit 5*8. 33 Ed, 3. Quare (c) Scil. By Force of his former Tidle, and
imtpedit 196, by fSipr.w not in Commenvdam.
 86 Spoliation.
26 H. S. 3. he hath Plurality or not. But if a Patron do prefent a Clerk unto an Ad-
vowfon, who is inftituted and induaed, and afterwards another Man doth
prefent another Clerk to the fame Advowfon, who is alfo inflituted and in-
duaed s there one of them fhall not have a Spoliation againft the other, if
Seeaftert.i. he difturb him of the Church, or to take the Fruits thereof, becaufe the
Right of the Patronage doth come in Debate in the fpiritual Court, which
of the Patrons hath a Right for to prefent: And therefore in that Cafe, if
one of them fue a Spoliation againfit the other, he fhall have a Prohibition
unto the fpiritual Court, and no Confultation hall be granted for the Caufe
before faid.
And if one Clerk, without any Prefentation, Infitution or Indudion, do I
Poa. 37. C. caft another Perfon out of his Redory, and taketh the Profits thereof, the
Parfon fhall not have a Spoliation againft him, but an A&ion of Trefpafs; or
38 H. 6. 19. an Affife of Novel Difeiin; for Spoliation doth not lie, if not againft him who
Markham. cometh to the Poffeffion of a Benefice, or unto the Fruits thereof, by the
26 H. 8. 3.Courfe of the fpiritual Law, fcil. by Inftitution,
22 H. 6. 27.'
&c. fo that he have Colour
to have it, and to be Parfon by the fpiritual Law.
So if a Prebend happen void, and the Bifhop collate thereunto, and be- K
fore Induaion the Bilhop die, and the Temporalties come unto the King,
and afterwards he is induded, and afterwards the King giveth the fame by
his Letters Patent unto another Clerk, who is inflituted and induded ; the
firft Clerk fhall have a Spoliation in the fpiritual Court againft the Prefentee
of the King, becaufe the King ought to have removed him by Quare inpedit,
and not to have collated as he did. And there the Patronage doth come in
Debate.
S37 ] If an Abbot have a Manor into which an Advowfon is appendant in Fee, A
M. 44 Ed- 3. and he doth appropriate the Advowfon to him and his Succeffors, and after-
.33. Quare wards leafeth the Manor for one thoufand Years, and alfo the Advowfon, and
impedt 4. the Leffee makes an Union of the Parfonage and
the Vicarage, and prefents
the Vicar unto the Ordinary as Parfon, &c. by reafon whereof the Abbot fueth
a Spoliation againft the Vicar, and the Vicar fueth a Prohibition ; the Abbot
fhall not have a Confultation upon the Matter thewed. By which it appeareth,
that a Spoliation doth not lie for the Abbot in this Cafe ; for that the Right of
the Patronage doth not come in Debate.
;8 H. 6. i9, And fo if an Abbot be Parfon imparfonee, and a Stranger prefent his B
0o,28. Clerk to that Advowfon, who is inftituted and induated; the Abbot fhall not
have a Spoliation againft the Clerk, but an Adion of Trefpafs or Aflife, if he
be oufted ; becaufe the Right of the Parfonage is to be tried.
And if a Clerk obtain a Benefice by Provifion, for which Caufe the King C
is to have the Prefentment for that Time, becaufe the very Patron did not
prefent within the Time limited him by the Statute of 25 Ed. 3. and the King
prefents to the Church his Clerk to the Ordinary ; who is inftituted, and be-
fore Indudion takes the Profits; he who is in by Provifion mhall not have a
Spoliation againft him, becaufe he doth not come to the Poffeflion of the
Church by the fpiritual Law, but as an Intruder and Trefpaffer. But if the
Prefentee of the King were induded, then there is no Remedy for him who
hath the Benefice by Provifion.
A Clerk
 .N admittas. 1 87
D A Clerk had a Collation by the King unto a Chapel, and was put into P6f-
fefflon by the Sheriff, and afterwards the Clerk was oufted by a Prior, &c.
in that Cafe he fhall not have a Spoliation, but an Aflife or Trefpafs, &c.
E But it appeareth by the Regifter, that one Parfon fhall have a Spoliation
againft another Parfon, which have divers Patrons, &e. if he-be fpoiled of
any Tithes or Profits appertaining to his Church, which do not amount to
the fourth Part of the Value of the Church, as before is faid. But if they do
amount unto the fourth Part of the Church, then one Parfon fhall not have
a Spoliation againft another Parfon, if they claim not of one Patronage, fo that
the Title of the Patronage doth not come in Debate; and then he fhall have
a Spoliation and if the other fue a Prohibition, &c. he fhall have a Conful-
tation.

Ne admittas.
F 7 HIS Writ of Ne admittas lieth for the Plaintiff in a are impedit: And
F the fame is where one hath an A&ion (a) depending in the Common,
Pleas of DarreinPrefentment, or of Quare impedit, and he fuppofeth that the
Bifhop will admit the Clerk of the Defendant pendent the Plea betwixt them .

and he may fue this Writ dire&ed to the Bifhop. And this Writ ought to be 3; Ed. 1.
fued within the fix Months after the Avoidance; for after the fix Months he Quare impr-
dir 194.
Ihall not have this Writ, becaufe that then the Bifhop may prefent for Lapfe; Note; In
and therefore it is in vain then for to fue this Writ, becaufe that the Title to Marrow's
prefent is then devolved unto the Bilbop: But the King may fue this Writ Reading it is
after the fix Months, where he bath a .Qareimpedit depending, or Aflife de holden, that the fix Months
DarreinPrefestment, becaufe that no Time runs againft the King. thall not be
But there is a Rule in the Regifter, thus; It is to be sated, when the King accounted by
prefeats in Right of his Crown, then Time runs again$ him. But that is not 28 Days, but
Law at this Day. according to
the Calendar
And the Writ of Ne*admittas for the King is fuch:
G The King to the worlhipful Father in Chrift W. by the fame Grace Bifhop of Months.
Winchefter, greeting: We prohibityou, that you admit not a Parfin to the
Church of I. which is void, as it is faid, and touching the Advowfon whereof a
Suit is moved in ourCourt between us and A. or thus; between A. and B. until
it bal have been dkecuffed in the fame Court, whether the Advow/on of the fame

(4) In Disrreiv Freatmst the Plhintiff reco- xatvx and finds X. to be Patron, and thereupow
vered, and the Defendant brought a Writ of Er- admits his Clerk. And it feemed, i. That the
sor, and prayed a N admitias to the Bilhop: Ne admiuas had made the Archdeacon a Di-
But it was not granted. 17 Ed. 3. 5. Iturber, if he had admitted, notwithitanding,
Note ; In a 9,a.e impedi the Cafe was, A. the 7ure Patronatw found for A. z. That the
prefented to the Archdeacon of Richmond, who No admiuas to the Bifhop before the Appeal is
is the Ordinary there, and B. procured a Ne ad, nothing to the Purpofe. g. That the Requeft
#rittas to the Archdeacon, and efpecially to the to the Party by the Bifhop to appeal to him'
Bilhop, who is his Superior;. after which the made him a Diflurber, (quare bec) notwith-
Bithop prayed A to appeal to him, who does fo fanding the Finding in the Jurs Patronatus.
; and he inn by a Patah- toadinglyn tro P arre
Churc
 88 Ne admittas.
Church belongs to us or to the aforefaid A. Or thus ; In the fame Court to which
of them the Advowfon of the fame Church belongs: Or thus; Between us by rea-
Jon of the Abbacy of S. being vacant and in our Hands, and H. Bijhop of Lin-
coln, until it fhall have been dfcujfed in ourfame Court, whether the Advowfon
of the fame Church belongs to us by reafon of the Vacancy aforefaid, or to the
aforefaid Bryhop.
z H. 6. 4S. And it feemeth that the Defendant may fue this Writ as well as the Plain- II
tiff, if the Defendant do foppofe that the Bifhop will admit the Clerk of the
Plaintiff pendent the Writ. And this Writ of Ne admittas doth not lie, if the
' 9d. 4- 11. Plea be not depending in the King's Court by Quare impedit, or Affife of
Darrein Prefentment. And therefore there is a Writ in the Regiffer direded
unto the Chief Juflice of the Common Pleas, to certify the King in the Chan-
cery, if there be any Pleas depending before him and his Companions by
Writ betwixt fuch and fuch Perfons, &c. And therefore it feemeth the Writ
of Ne admittas fhall not be granted before the King be certified in the Chan-
cery, that fuch Pleas* of Zuare impedit or Darrein Prefentment be there de-
pending in the Common Pleas. But yet the Writ of Ne admittas may be
granted out of the Chancery direded unto the Bifhop, that he do not admit,
&c. before the King be certified in the Chancery, that fuch Plea of Quare im-
pedit or DarreinPrefentment is depending in the Common Pleas, then the Party
grieved may require the Chief Juftice to certify the King in his Chancery,
that no fuch Plea is depending there, and thereupon the Party grieved thall
have fuch Writ:
[ 38. have The King to the worfhipful Father in Chrift, &c. Although by our Writ we
prohibitedyou, that you iould not admit a Parfon to the Church of I. (as
in the Writ of Ne admittas) neverthelefs, becaufe it appears to us by the Certifi-
cate of our beloved, &c. I. of S. that no Plea is depending in our Court before
him and his Companions our 7uflices of the Bench, between us and the before-
mentioned W. touching the Advoufon aforefaid ; We command you, that you freely
execute that which you fhall know to appertainto your Office in this Matter, our
Prohibition aforefaid notwithftanding. Witnefs, &c.
And when the Bilhop himfeif is Party and Difturber, then the Form of the A
Writ of Ne admittas is as aforefaid: We prohibityou that you admit not. Yet
the Form of the Writ ufed to be, We prohibityou, that you collate not a Clerk
;o the Church, &c. which is void, &c.

Breve
 89
Brerve Epifopo ad admittendum Clericum *.

p, F a Man do recover his Prefentation in the Common Pleas againft the Bi- 7 H. 8. se.
I thop, then he may have a Writ to the fame Bilhop to admit his Clerk, or 8 H. 4. 22.
unto the Metropolitan; and the Writ fhall be fuch: A Writ ihafl
t'he King to the worjhipful Father in Chrift, &c. Whereas the Priorof I. &c. Metropolitan,
in our Court hath recovered againfi us his Prefentation to the Vicarage of W. We if the Bilhop
command you, that you admit a fit Per/on to the Vicarage aforefaid upon the Pre- be Party.
fentation of him the faid Prior,&c. P 're,
for the
C And if a Man recover againft another than the Bilhop, then the Writ which claim as Pa.
thall be made to the Bilhop, fhall be thus: tron ins H. 4 .
The King, &c. Whereas the Prior of, &c. in our Court, &c. hath recovered
againfi I. P. &c. We command you, that notwithflanding the Re-claim of the .In a Qare
aforefaid I. P. you admit a fit Perfon upon the Prefentation of the aforefaid Prior,impedit
Defendant
the
&c. And upon that he fhall have an Alias and a Pluries, if the Bilhop do difclaims,
not execute the Writ, and an Attachment againft the Bifhop, if need be. there the
Plaintiff hall
have a Writ to the Bifhop: Contra in Difclaimer in a Writ of Right of Advowfon. 6 Ed. 3. 7 Error 78. The
Reafon is, becaufe he cannot remove his Clerk after the fix Months paft.

D But if the King do recover in the Common Pleas any Prebendary, or Sub-
deanery, or Dignity againft the Bifhop, and giveth the fame by his Letters
Patent unto another Clerk ; the Clerk fhall fhew the Letters Patent in the
Common Pleas, and thereupon Ihall have a Writ unto the Bilhop to admit
him, and to induat him. And if the Clerk die before he be admitted and
induaed, and the King giveth the fame by other Letters Patent unto another
Clerk ; that Clerk fhall have a Writ out of the Chancery dire~ted unto the
Juftices of the Common Pleas, reciting the Recovery, and how that the
other Clerk died before he was admitted, and how that he hath granted the
fame to this Clerk by his Letters Patent, commanding the Juftices that they
fend another Writ to the Bifhop, that he admit this Clerk, notwithitanding
the King's Collation before made unto the other Clerk.

* (W W) If one pleads in Abatement of the Writ is not returnable.) And when it appears,
Writ, and does not make Title, he lball not that the Record is fent into B. C. it thall ifu@
have a Writ to the Bilhop, &c. held by the Ju- from thence. Dyer 194.
flices, 43 Ed. 3. 2 5. Note; In a .9uare impedit againfit the Arch.
(M. H.) Note.; This Writ is exprefsly judi- bilhop of York, if he be found a Dilturber,
cial. and therefore thall iffue out of the Place the Writ thall iffue to the Archbilbop of Can-
where the Record is ; if Judgment be given at terbury to admit the Clerk; per Cur'. Dyer
the NF prius, the Juftices of Nifi prius thall 327, 328. See Dyer 76, 77. 19 Ed, 3. Quare
award the Writ to the Bilhop: (Yet it feems this impedit IS3.

N (a) It
 90 Breve Epifopo ad admittendum Clericum.
t H. 4- 71. (a) In a 2uare impedit betwixt two Strangers, if there doth appear to the E
Hank. and Court a Title for the King, they fhall award a Writ unto the Bifhop for the
21 Ed. + 3. King.
(b) If a Man do recover an Advowfon, and the fx Months pafs, yet if the F
Church be void, the Patron may pray a Writ unto the Bifhop, and thall have
it; and if the Church be void when the Writ cometh to the Bifhop, (c) the
1,4 I. 4. " Bifhop is bound to admit his Clerk. And in Reafon the fame Lax is if the
Hankfo-rd '
3 aH.r. ' z- -Pon after the fix Months prefent unto the Bilhop, if the Church be then
cntra where vodJ, the Bifhop is bound to admit his Clerk.
there is Fault (d) ,nd a )<cwre i.i;pedit fhall be fued againft a Sub-Prior, &c. for Difhr- G
in the count. bance oF the Patroi. cr. 3 1 Ed. T.
7 H. 6. 15 (e) Where the Writ abateth for Form or falfe Latin, the Defendant fhall H
per Cianam not have a Writ to the Bifhop. If the Patron who is Defendant make De-
ec.ua if the .1
Patron had fault at the Diftrefs, and the Incumbent abate the Writ by Plea, a Writ unto
appeared, and the Bifhop thall not be awarded for the Patron, becaufe he made Default.
the Incumbent
nade Default, in 7 H-. 6. 37. 14 H. 4. 16. upon Pleas of the Incumbent, a Writ awarded to the Bilhop.

xoH.6. 4 .f. (f) In a 9<are impedit againift the Bilhop and others, all made Default but I
the Bifhop, and the Plaintiff had not a Writ unto the Eifhop againft the others,
until he had counted againft the Bithop.
33 H. 6. i. (g) If the Plaintiff be Nonfuit, the Defendant fhall not have a Writ unto K
2z H. 6. 44- the Bifhop before he hath made Title to the Advowfon.
1 - 7- 13.
3j H. 6. 14. 38 H. 6. 14. 34 H. 6. 4. i H. 6. 8. Note; And there the Writ was brought by two Coparce-
Xers againift the third, and others.

Wint. 9 H. 6. (b) Where the Defendant claimeth the

t6. per Cwr';
Advowfon as Parfon imparfonee, L
the Plaintiff although it be found for the Defendant, he fhall not have a Writ to the
fhall have a Biuhop.
Writ to the
Bifhp upon infufficient Plea. 21 H1. 6. 36. Aid. 33 1-. 6. 1.

(a) See accordnrt z Ed + 3. . per ChoAe. (f) Vide oH. 6.4. ii 11.6.8. 221H6
is H. 4. 71. per Hay. and fo it ihall iffue, if 44. 26 H. 6.
it ie fbund againit the King in a :yare impedit; (g) See 2 H 6.5. 26 H. 6. & infra N.
and yet if the Right appears for the Eng on a (b) See a Writ to the Bilhop by the Defen-
fpecial 1 erdift, he fhall not have a Writ. to the dant, where tLe Plaintiff had dilcontinued his
Bifhop. Rex voize Epi') Rofen'. See 4. Eliz. Suit, as if he be efToined, where .ie h-d an At.
243. 16 H. -. 12. F. Brief al Evegue 13. terr.ey, U<. 14 H. 4. 1 z. The Writ went to
Bro. 86. 4 4 Ed 3 . I0. Samf 95, a. the Bilhop on a Title made where the Writ
Note; On this Writ there lies an A/ias, Plu- abated. 9 H1. 5. i i. If the Defindant fays he
rili and Aitacbment, and thereon the Parties thall has (no) Title to the Church within the fame
plead, as in a 'on adavK.t. 9 1. Bifhoprick, he may have a Writ to the Bitlop.
(b) nine B. and 35. II H. 4. 80. Qu"re 8 H. 6. 37 9 H. 6, 17 A Writ werit
(c) Dodor and Sident i a. 13 Ed. 4. 3. to the Bifhop on a Title mr.ade for the Defen-
(0) 14 H. 4. Is . dant, where the Writ abated. Ii H. 6. 53-*
(r) Fide M. i' a, and 13 H. 4. 7 3 1 H. 6. 25.

I (a) Wh.re
 Breve Epifopo ad admittendum Clericum. 91
Mt (a) Where the Writ abateth for Mifnoner, or for Infufficiency, the Defen-
dant fhall not have a Writ to the Bilhop.
N (b) If the Defendant do not appear qt the Diffrefs returned againft him,
the Plaintiff fhall have a Writ to the Bifhop without (c) making Title. Vide
fupra K.
O If the Sheriff return upon a Ruare impedit, That the Plaintiff hath not found
Pledges, then the Plaintiff may find Pledges in the Common Pke.s, and fhall
have a new zluare impedit in the Common Pleas; and it the Sheriff return 2 H. 5. 3.
upon that Writ tarde, and the Defendant appear, and the Plaintiff be called
and appeareth not, the Defendant fhall not have a Writ to the Bifhop, be-
caule that no Writ is ferved againfi the Defendant.
P I Where the Plaintiff recovereth by Verdia in a Qgare impedit, and it is 1 H. 4. S.0
found by the fame Verdi& that the fix Months are pati, and that the Metro-
politan hath prefented, whereas the Ordinary ought to have prettcd, &c.
and that the Year is now paft, &c. yet the Plaintiff fhall have a Writ to the
Bifliop. See 38 Ed. 3- 12.
( If a Man recover againift a Bilhop, he may have a Writ to the fame (d) 1 H-.4. 37,
Bifhop, or unto his Vicar General, if he be out of the Realm, or unto the
Metropolitan.
R A Man fued divers Quare impedits againft the Bifhop, and he was Nonfuit 2 R.
in all but one Writ; the Defendant had not a Writ to the Bifhop until that
Writ was determined.
3 (e) In a £2uare imu'pedit the Defendant pleaded to Iffue, and after made De- H. 4. t.
fault, and a Writ was awarded unto the Bilhop for the Plaintiff.
T (e) At the D)§fylringas returned againft the Defendant, he coics, and hath [ 39- .
Day by the Prayer of the Parties, and afterwards makes Default; the Plain-
tiff fhall not have a Writ to the Bifhop, but a new Diflringas. Vide fu-
pra N.

(a) Fide byra H. 21 H. 6. S6. it H. 6. 3. thall not afterwards refort to have a Writ to the
Where it fdil abate for falfe Lati, fce 14 H.4. Bifhop, or to the Bifhop's Vicar, if he be out of
1. 3 H. 6 3. i3 H. 6. i. the Realm. 38 Ed. 3. 12. But in that Cafe he
(b) Izide Apra H. z . 6. 56. ii H. 6. 3. has a Sicut aias to the Metropolitan, and yet
27 H. 6. 1 2. Note; the Bilhop was never found a Diflurber.
But if he appears at the Grand Difltrefs, and See 38 Ed. 3. 22. The Metropolitan returned,
after makes Default, a Dflringas thall iffue, and that it was out of his Jurifdiaion, and now the
then zWrit to the Bifhop. 13 Ed. 3. Brief al Plaintiff prayed a Writ to the Vicar of the Bi-
Eveque i9. and although Xibil be returned on thop, for that he was out of the Realm, and
every Part of the Procefs, viz, on the Summons, could not have it, becaufe it did not fo appear
Attachment and Diffrefs, yet the Plaintiff thall by the Certificate.
have a Writ to the Bilbop. 12 H. 4-4. 21 H. (e) Note; The Defendant came at the Grand
6. 56. 1I1 H. 6. 3* Diftrefs, and pleaded to the Inquell. Contra,
(c) And fo have a Writ of Inquiry of Da- where he comes not at the Pone per 'vadios, &e.
mages. 24 Ed. 3- 37. yet fee Ia H 4. where 16 Ed- 3. Brief al Evefque iS. See 8 Ed. 2.
no Writ fhall iiiue. QZare ilr'dit 168. 16 Ed. 3. pl. 17.- 13 Ed.
(d) See 16 Ed. 3. ZAare non admi/it 3. But 3. pl. 19. Brif al Eve/ue 19. See a H, 4.1.
if he has once a Writ to the Metropolitan, he accordant to the Diverfity.

(a) In
 92. Breve Epipfopo ad adimittendum Clericum.
(a) In a Quare impedit the Defendant maketh Title for himflf and others, A
and afterwards the Mlaintil is Nonfuit; a Writ to the Bifhop thall be awarded
for the Defendant only, and not for the others.
14 H. 7 . 19. (b) At the Dit!rfs returned againfi two, one appeareth, and the other B
and7H.6. 15 maketh Dcidult ; the Plaintifj fhall have a Writ to the Bilhop (c) againft him
who made Default ; and yet it may be, that the other Defendant may bar
the Plaintiff; an' it is fo ofed at this Day: But the contrary was adjudgcd,
H. 7 Ed. 3. for the Caufe before faid.
In a Darrein Prelr:ntnent betwixt two Strangers, the Affife found a Title for C
i 3 Ed. 3. pl.20 "another Stranger ; wo was not Party to the Writ; he fhall have a Writ (d)
awarded to the Biihop for him, although he were not Party to the Writ,
becaufe that the Writ is, What Patronprefented laft, &c.
1o Ed. 3, '9 Where a Man hath a Quare impedit againfi one, and the Defendant hath a D
Darrein Prefentment againft the Plaintiff, and recovereth in the Darrein Pre-
fentment, and the Plaintiff is Nonfuit in the Quare impedit, the Defendant (hall
have two Judgments againft the Plaintiff, to have a Writ unto the Bifhop in
both Ations; and two Writs fhall be awarded to inquire of the Damages;
but he fhall not render double Damages for one Difturbance.
When a Man fueth a Quare impedit againft another, and after pendent the E
Suit he fueth Ne admittas to the Bifhop, &c. and afterwards they agree to
prefent in common by Turns to that Advowfon; then he fhall have a fpecial
Writ out of the Chancery unto the Bifhop, to admit him who ought, by the
Accord and Compofition, to prefent at the firft Turn to that Avoidance. But
firft the King ought to fend a Certiorari unto the Juftices of the Common
Pleas, to certify in the Chancery of the Accord there ; and upon that Certi-
ficate the King thall fend his Writ unto the Bilhop to admit his Clerk, who
by the Accord ought to have the firft Prefentment and Turn. And the Form
of the Writ in the Regifter is fuch:
The King to the Worfhipful, &c. Whereas by our Writ we lately prohibitedyou, F
that you Jhuld not admit a Parfon, &c. of the fame third Part of the Advofon,
and afterwards at the Profecution of them the faid E. and M. juggefting to us,
that it was agreed between them in this Manner, that the aforefaid E. jhould
prefent his Clerk to the faid third Part for this Turn, and the aforefaid M. upon

(a) See 13 Ed, 3. Brief al Evefque 25. ac- the Bitlhop difclairns, the Plaintiff fhall have a
cordant. See alib for this ii H. 6. 8. A B. Writ to the Bifhop; fed afet executio ofque
and C. Parceners brought a Zare impedit againft placitam, &. See 17 Ed, 3. Brew. al Eveqas
C. who fevered, and afterwards A. and B. were 58. If the King brings a Quare impedit againft
nonfuited; C. fhall not have a Writ to the Bi- B. and another Zuare impedit againft B. and C.
thop without Title thewn, and yet on the Title and B. comes in, & non potef dedicere, the firil
thewn, the Title would appear for the Plaintiff Writ to the Bi(hop thall proceed for the King
See 13 Ed. 3. pl. 20 and 25. notwithflanding; for it is an Original.
(b) See 13 Ed. 3, pl. 2 I, and afte. (d) See accordant Braon 248. where the
(c) See accordant 13 Ed- 3. Brief al Evefqe Affife is taken per modum Afibe, and not per
21. Lib Entry. Quare impedit in 7udgment 4. modum 7xrate. See alfo accordant 13 Ed- 3*
fo. 507. But a Cret executio quoad Breve, &c. Bre-. al Eve/e 2o. by Aldr. and 17 Ed. 3. 22.
quofgue. 'ide contra 7 Ed 3- 4, (Exprefsly) by Wilby.
in a Writ againfi the Bilhop and others: Where
the
 Prohibition. 93
the next Avoidance #all prefent his Clerk, as by certain Writings indented, made
between them, and fealed with their Seals, and fhewn before us in our Chancery,
fully appears; and that they have fued unto you, earnefly praying that you, in
whofe Power it is, would admit the Clerk of him the faid E. for this Turn, to the
faid third Part; neverthelefs that you, afferting that your Hands are tied up by
Pretence of our faid Prohibition, have refufed to admit the Clerk of him the faid
E. And they befeeching us that we would caufe to be providedfor them a fit and
appofite Remedy in this Behalf, that the Collation of the aforefaid third Partfor
this fYurn may not devolve to you by Lapfe of Time, which nearly approaches, as
it is faid; We commanded our beloved and faithful R. of N. that he /hould there-
upon certify to us in our Chancery, under his Seal, deftinfly and openly, the Cog-
nizances which the before-mentioned E. and M. willingly made before him, viz.
whether they had agreed upon the Right of prefenting to the third Part in Man-
ner aforefaid, and if the faid M. was willing that the Clerk prefented by him the
faid E to the fame third Partfhould, for this Turn, be admitted and received to
the fame, and if the faid Writings be the Deeds of them the faid E. and M.
And becaufe the before-mentioned R. at our Command, hath certified that it is
agreed between the before-mentioned E. and M. that the aforefaid E. for this pre-
fent Avoidance, Jhall prefent his Clerk to the faid third Part, and the aforefaid M.
at the next Avoidance following, and fo the aforefaid E. and M. and their Heirs,
}ball alternately for ever prefent to the aforefaid third Part; and that the faid
Agreement might be firmly obferved, the aforefaid Writings were made between the
Parties aforejaid: We command you, that you admit a fit Perfon to the third Part
aforefaid upon the Prefentation of the before-mentioned E. for this furn, and that
you further execute what belongs to your Office in this Behalf (notwithftanding our
Prohibition aforefaid). Witnefs, &c.
G (a) By this Writ it feemeth a Man lhall have a Quare impedit quod permittat 4 oEd. 3. 2.
ipfum pr.efentare ad tertiam partem Ecclefie; and it feemeth to ftand with 50 Ed. 3. 26.
Reafon , for a Confolidation may be made of three Advowfons, and every Pa- 31 H. 6. 24.
tron to prefent by Turn, and then every one hath Right but to a third Part.

Prohibition and Inhibition.

H rHERE are divers Manners of Prohibitions and Inhibitions, and they See po. Con-
1 may be direded as well unto the Temporal Court as unto the Spiritual fultation.
Court. And one Writ in the Regifter is, where a Man fueth a Precipe in
Capite againft another in the Common Pleas, of Lands or Tenements which
are not holden of the King, but of another Lord ; then the Lord of whom
the Lands are fo holden may fue this Writ direfted to the Juftices of the
Common Pleas, commanding them, that if it do appear unto them that the

(a) See the Writ in cafe of a Confolidation, Cafe they are not Moieties, but each has the
where each Party has prefented by Turns; 9ynd Intirety in his Turn. But it is otherwife of a
permiltt eum prrfestare ad Ealefiam, Dyer 259 Compolition between Parceners. 5 Co. 1oz.
and 78. Note; It is there held, that in this Widfor's Cafe. Lands
 94 Prohibition.
Lands are not holden of the King, &c. but immediately of another, that thty
do not 'a) meddle with the Conuftnce of that Plea, but that they bid the
Party fue his Writ of Right Patent, If itfallfeem expedient to him. And in
a Writ of Right, if the Tenant vouch a Foreigner to Warranty, the Tenant
L 40. ] thall have a Writ of Superfedeas directed to the Bailiffs of the fame Court, to
furceafe the Piea, until the Warranty be determined ; and if the Bailiffs will
not furceafe for that Writ, then the Tenant fhall have another Writ of Inhi-
bition direeted unto the Sheriff, that he go unto the faid Court; and to inhibit
the Bailiffs, that they do not proceed in the Plea until the Warranty be dektr-
mined, &c. And if they will not furceafe for that Writ, then the Tenant
fhall have Attachment againft the Bailiffs dire6ted unto the Sheriff, returnable
in the Common Pleas or King's Bench.
A Prohibition may be dircded unto the Sheriff at the Suit of the Tenant, A
that he do not hold Plea in a Writ of Right, unlefs Battel fhall be there-
upon waged, becaufe that the Tenant hath put himfelf upon the Grand Afflife.
And a Man may have a Writ of Prohibition direded unto the Sheriff, to B
go unto the Lord's Court, and to inhibit the Bailiffs, that they do not hold
Plea in the Lord's Court of a Houfc, &c. between A. Demandant, and B. Te-
Vant. And he may have another Vrit unto the Sheriff, to prohibit the Lord
himfelf, that he do not hold the Plea, &c.
And alfo the Tenant may have another Prohibition dire6ted to the Sheriff, C
to prohibit the Bailiffs of the Bifhoprick of the Hundred of F. that they do
not hold Plea in the faid Hundred between A. Demandamt, and B. Tenant, of
Cuflows and Services a ich the fame A. requires of for his jfee fene;ne, I
Zi;n

which he holds of h;in in I. unle5 Battel /hall thereupon be waged ; becaufe the
fiid B. hath put himfelf upon the Grand Afifle, Uc. And if Tenant by
Receit fue fuch a Prohibition, the Writ ought to make Mention of the
Receit.
See Articuli N'here the Bifhop holdeth Plea of an Advowfon, or of the fourth Part, or D
Cleri 83. of the third Part thereof, then the Party fhall have a Writ of Prohibition di-
reded unto the Bifhop himfelf, in this Form:
The King to the woiybipful Father in Chrifl A. by the fame Grace Bjhop of
Winchefter, aid his Ofifcials and their Comnmiaries, greeting: fe prohibit pc,
that you do ;:ot hold Plea in the Ccurt Ch ytian of the Ad-uzvrj/oM of the Church
of N. or of the Moiety, or of the third Part, or of the fourth Part of the Church
of N. whereof S. and T. complain, that R. draweth them into Plea before ycu,
&c. And he may have a Prohibition to the (b) Party himfelf, Ne fequatur,
by thefe Words; We prohibit you, that i.u purfue not the Plea in the Court
ChriJlian of the Advojan, &c. whereof C. cmlains, that ycu draw him into

7a) Where a Prohibition thall be in cafe of an (b) Note; If the Suit be prohibited by Law,
incident Plea, if the Property of Goods comcs in and without Writ, or if by Writ, and rut by
Debate on a Plea for a tegacy, Mortuary, &c. Law, yet, though he foes before Attachment,
as if a Legacy be devifed to the Heir of I S. fo a Prohibition lies. 33 Ed. 3 Attacbment 14.
that it come in Debate who is Heir of L S. yet 8 R. 2. ibid, i ,o. See the Writ Contra pacem,
a Prohibition does not lie. Contra, if in a Suit 3 Ed. 3. luachment, Sur hohiiion 8.
for Tithes the Bounds of a Paribfrcomes in De-
bate. KeI.. o.
that
 Probibition. 95
that Court, &c. And he may have an Attachment thereupon againft him, if
he follow it after the Writ cometh unto him.
E And the King for himfelf may fue forth this Writ, although the Plea in
the Spiritual Court be betwixt two common Perfons, becaufe the Suit is in
Derogation of his Crown.
F And the King may fue an Attachment upon the fame, if they do proceed,
&c. And in the Time of Vacation of a Bilfhoprick, the Prohibition fhall be
dire6ted unto the Guardian of the Spiritualties, and to his Official and Conmif-
G faries. And a Prohibition lieth for Chantries, Chapels, Prebends and Vica-
rages, &c.
H (a) If a Man fueth another in the Spiritual Court for a Chattel or Debt,
the Defendant fhall have a Prohibition, and the Writ fhall be, We prohibit
you, that you do not hold Plea in the Court Chriflian of Chattels or Debts, &c.
And he may have a Writ unto the Party himfelf, that he fhall not fue there,
&c. and fhall have an Attachment thereupon, if they fue there afterwards,
&c. And alfo the King may flue this Writ, and it may be directed unto the
Judge and Party. And the King may have an Attachment upon it.
i (b) If a Man fueth another in the Spiritual Court for a Lay Fee, which is i51L5 P1.
Land or Tenements, or the like, then he fball have a Prohibition, and the
Writ fhall be, We prohibit you, &c. that you do not hold Plea, &c. of the
King's Lay Fee in S. whereof he complains that H. draws him into Plea, &c.
And he may have another Writ unto the Party himfelf, &c. That he do na
purfue, &c. and he may fue an Attachment upon it; and he may fac an At-
tachment only againft the Party, or againift the (c) Judge only, or againft
both, at the EleCtion of the Party who will fue. And if the Judge do dwcli 9H1.6. 54*
in one County, and the Party in another County, then if he will have an At- ISH. 5 5 .pln,
tachment againft both, he muft fiie forth feveral Writs. And fo it feemeth,
if he fue feveral Prohibitions againift them, he ought to fue feveral Attach-
ments againft them, if he will fue both, although they be dwelling in one
County.
K And a Man fhall have an Attachment upon a Prohibition againft the Judge,
if he refufe to receive the Prohibition, and to admit of it.

(a) In Debt on fimple Contra& againft an where the Prohibition was only direted to the
Executor, a Prohibition lies, for there is no Re- judge, and held by Nwton not good. For the
medy for this at Common Law againft Execu- Plaintiff in the Suit there iall not anfwer to the
tors. 13 H. 4. 5, per Tbiruing. 8 Ed 4. 13- Contempt, but only to the Trefpafs; becaufde
per CateAy. no Prohibition was direaed to him, and fo he
(b) But if the Bilhop himfelf foes, the Writ cannot be joined in the Aaion. But A/coug6
is good, Ne Jequatur. z8 Ed. 3. 94. and fee contra, that the Law is in itfelf a Prohibition,
there diveis join in an Attachment on a Prohi- and fo there needs no Mention of any Prohibi-
bition, as where they are jointly figned. &c. tion, and therefore the Plaintiff fhall anfwer for
H.16. 9. the Contempt, as in a Prevmunire, &c. which
(c) VWhere there fhall be an Attachment againft Norton agreed, had the Prohibition been dire&f-
the Judge and P-rty by a fiveral Pone per vad. ed to both of them, and yet this Surmife is
fee 33 Ed 3. ,f i 9 . For the A&t of the not traverfable 19 H. 6. 54. a. b. See ac-
Judge is depending on the Suit and At of the cordant of the Matter of the Prohibition, that
Party, and fee there an Attachment on a Pro- it is not traverfable. 9 H. 6. 6.s. a. z i Ed. 3,.
hibition againil the Plaintiff and the Judge, Z9. a. 38.b.
(a) And
 96 Prohibition.
V.jH. 4.47-. a) And a Prohibition lieth, if a Man be fued in the Spiritual Court for the L
f ih a pi- Collation unto a Grammar School.
ritual Thing. If a Man fue for Trefpafs in the Spiritual Court, the King or the Party M
7 H. 4, 1. fhall have a Prohibition and Attachment, as before is thewed, unto the Judge
or Party, or unto them both.
(b) In fame Cafes a Man fhall have a Prohibition when he is fued in the N
Spiritual Court for the Tithes of his Lands. As if a Man be the King's Te-
nant, and holdeth of him in Chief by Knights Service, and is fued in the
Spiritual Court for the Tithes of the Demefne Lands, he thall have a Prohibi-
tion, becaufe that thefe Lands may come into the King's Hands by reafon of
Wardfhip, or by Efcheat ; and then perhaps the King Ihall be otherwife
Note; Tithes charged than he ought to be charged, and therefore the fame ought to be
(ued for in tried before the King in his Chancery.
Chancery. And fo if a Bifhop grant unto a Prefentee in the Church of Lincoln the
Tithes of his Demefne Lands, to him and his Succeffors , now if the Prefen-
tor be impleaded in the Spiritual Court for thefe Tithes, the King may grant
a Prohibition; and the Form is fuch:
1 41. ] The King to fuch a 7udge, greeting, &c. The worjhipful Father the Bifhop of
Lincoln hathihewn unto us, that whereas I. Prefentee in the Church of the bleffed
Mary of Lincoln, holds of his Gift all the Tithes of his Deme/ne Lands, or of his
Deme/ne of N. to which the fame Biyhop and his Predecefors, Biybops of the afore-
faid Place, have been accujiomed to collate, the Prior of Saint Katherine without
Lincoln claiming thofe Tithes to belong to the Church of B. thereupon draws him
into Plea, &c. And becaufe the aforefaid Plea touches our Crown and Dignity,
efpecially when the Collation of the fame Tithes may devolve to us by reafon of
Wardjhip or Efcheat, becaufe alfo we in our Demefnes, and likewife many Noble-
men of our Realm in their Demefnes, collate to the like Kind of Tithes, we pro-
hibit you, &c.
(c) Alfo a Man may fue a Prohibition direaed unto the Sheriff, that the A
Sheriff do not fuffer the King's Lay Subjeas to come to any Place at the Cita-
tion of the Bifhop, to make any Cognizances or perform an Oath, except in Matri-
monial and Tefiamentary Caujes. And the Party may have thereupon an Attach-
ment againft the Bilhop, if he cite or diflrain any one to appear before him to
take an Oath at the Will of the Bifhop, againft the Will of him who is fo fum-
moned or cited. And by that it appeareth, that thofe general Citations which

(a) A Prohibition was granted to the Spiritual dm. Without doubt this cannot extend to the
Court of Exon, where a Man was libelled againft Depolitions of Witneffes in another Caufe of
for teaching School without Leave from the Bi- Ecciefiallical jurifiion, and by the Recogni-
thop. Trin. Nno Anna in Banco Regina. zances in Debt here mentioned in the following
(b) See Rot. Parliament. 8 Ed. 2. M. 18. in Seaions, muff be meant according to the Form
the Cafe of the Propriator of Twinsham Church of the Writ in the Regifter next enfuing, jo. 36.
adjudged contra. Sce Paf 37 Eliz. C. B. in the and in the five Writs there following; fo it ap-
Cafe of Sir Edward Wringfield. pears by the Writ at large in Ra al, that t iS
(c) See Rafl. Probilition, pl. 6. in Appeal, a intended of an Acknowledgment of a Debt con.
Prohibition formed on Articalos Cleri, and there firmed by an Oath by a voluntary Agreement
it is ad aliua recagni? pr Srrawntuufaciez-
and Confent of the Lay Gens.

2 Bilhgps
 Prohibition. 97
Bilhops make to cite Men to appear before them pro falute Anime, without
exprefling any Caufe, are againfl the Law, and the Party may have an At-
tachment againft the Bifliop for the fame, and may fue a Prohibition fo to See So. C.
do. And if he do exprefs any Caufe in the Citation, it feemeth by the
Writ before, that it ought to be for fome Matrimonial or Tcitamentary
Caufe.
B If a Man doth acknowledge in the Spiritual Court, that he oweth another 8 Ed. 4. 11.
Man one hundred Pounds, to pay him at a Day certain, and after doth not
pay the fame, &c. if he be fued in the Spiritual Court for this Debt, he fhall
thereupon (a) have a Prohibition: And fo if he acknowledge in the Spiritual
Court, that he ought to pay to fuch a one a hundred Marks at fuch a Day,
&c. he fhall not be fued in the Spiritual Court for that Debt ; and if he be,
he thall have a Prohibition and Attachment thereupon. But if a Man, by Pot. 44. A.
reafon of Marriage or of a Will, doth acknowledge in the Spiritual Court,
that he ought to pay a hundred Marks, or any other Sum, at a certain Day;
then if he do not pay it according to his Acknowledgment, lie may be fued
in the Spiritual Court for the fame, and a Prohibition will not lie (b).
C And if a Man do acknowledge in the Spiritual Court to pay a certain Debt
at a certain Day, and doth not pay it at the Day, for which the other fueth
him in the Spiritual Court, and excommunicateth him there, becaufe he Vide_2z. A.
did not pay it at the Day ; the other Party fhall have a Prohibition againft 70. Thorpe.
him.
D If a Man do recover a Debt in the Spiritual Court againt another, and
after fueth there to have Execution; the Party grieved fhall have a Prohibition
againft the Party and the Judge, and an Attachment upon the fame.
E If a Man be indebted unto the King, or bounden to render an Account
unto him, and after his Executors are fued in the Spiritual Court for a Debt
which doth not concern Matrimony or Teftament ; his Executors ihall have Polt. 43. K.
a Prohibition againift the Judge, &c. rehearfing the fpecial Matter, &c.
8 Ed. 4. 13-
F Where an Abbot or Bifhop, or other Perfon whatfoever, fueth in the Spi-
ritual Court, becaufe he taketh Toll, or other Compofition or Cuftom of his
Tenants, &c. there the Party grieved fhall have a Prohibition againft him;
or the King may fue this Prohibition and Attachment thereupon.
G Where a Man granteth Parcel of his Manor to another Parfon in Fee, to
be quit of Tithes by Deed, and the Parfon with the Affent of the Ordinary
grants unto him, that he fhall be quit of Tithes of his Manor for this Parcel
of Land, &c. if he or his Affignee be afterwards impleaded in the Spiritual

(a) See the foregoing Note, and 12 H. 7. zz. Increafe of his Portion, and thereupon (being
20 Ed- 4. 10. 2 H. 4. so. It H. 4. 88. 38 H. fued for this before the Pope's Colleaors) a Pro-
6. 29. But by the Opinion of Spelman the hibition was awarded. Note; The Bond was to
Court thall punifh him ex Socio. See the Cafe pay at the Pope's Chamber.
2 H. 4. 1o. where a Vicar was fued before the (b) So if he promiles the Payment of Tithes.
Pope's Colleaors, that he would not fue for an 2o Ed. 4. 10.

O0 Court
 98 Prohibition.
Vide Br. Pre- .Court for Tithes of his Manor, or any Parcel of his Manor, he or his Af-
kription 6og. fignee fhall have a Prohibition upon that Deed; and if the Deed were made
before Time of (a) Memory, and fo had continued to be quitted of Tithes of
his Manor, he fhall have a Prohibition, if he be impleaded for the Tithes of
that Manor, or any Parcel thereof, upon the Matter thewed.
If a Man fue any Prohibition to any Spiritual Court, and the Judges vill H
not receive the fame, or will not allow it, and becaufe he bringeth the Prohi-
bition, they make a Citation againft the Party, to anfwer bcfore them for
the fame Caufe; now he fhall have a new Prohibition upon the Matter di-
reded unto the Judges there, &c. And alfb he fhall have an Attachment
thereupon, if they proceed rginL him in their Court. And it is not mate-
rial, whether the Prohibition we:re fued legally or erroneoufly, becaufe he fhal
not be punifhed for faing a Prohibition in the King's Court.
A Man devifeth Lands in London in Mortmain, and by reafon of this De- I
vife the Abbot, or he to whom the Devife is made, fueth for thefe Lands, or
for any Parcel thereof, in the Spiritual Court by Colour of the Devife: The
Party grieved by this Suit thall have a Prohibition.
If a Man fue another in the King's Court in Trefpafs for Battery, or ta- K
king of his Goods, and afterwards is Nonfuit, and difcontinueth the Suit,
for which the Defendant fueth him in the Spiritual Court for Defamation,
&c. he who hath fued in the Temporal Court fhall have a Prohibition againft
him, and an Attachment thereupon, if he fue again in the Spiritual Court:
And alfo thall have fuch Prohibition unto the Judge, and .Attachment
againift him, if he hold Plea therein after the Prohibition delivered unto
him.
Where a Compolition is made by Deed indented at the ,Time of the L
Avoidance of a Prior, that an Abbot fhall nominate fix Perfons, and that the
other thall elea one of them to be Prior unto the Ordinary; now if he who
prefenteth be fued in the Spiritual Court, becaufe he hath prefented one unto
the Ordinary for to be Prior, he fhall thereupon have a Prohibition againft
[ 42. ] him who fueth there. And if the Sub-Prior and Convent fue in the Spiritual
Court to avoid fuch Prefentment, he fhall have a Prohibition againft the
Judge, &c.
s Aif. 28. And alfo the King may have a Prohibition dire&ed unto the Ordinary, A
Br. Aflife 138. that he fhall not vifit the Hofpitals which are of the King's Foundation, or of
7. '4 the Foundation of his Predeceffors; becaufe that the Chancellor of England
ought for to vifit them, and no other. And fo is it of the King's or his Pro-
genitors free Chapels, no Ordinary thall vifit them, but the Chancellor of
England, &c.
H. 7.14. Where a common Perfon is the Founder of an Hofpital, which is dona- B
Keble, vide tive by his Letters Patent, and doth confift all in Temporalties, if the Ordi-
8 AfE pL 29. nary will vifit fuch Hofpital, the Founder Ihall have a Prohibition againft
BEd. 638. him: Or if the Ordinary will cite any of the poor Men to appear before him
8 E. for an Hofpital Caufe, or to remove him, the Founder, or his Heir, fhyl1

(a) Note; The Confideration is triable, although before Time of Memory. See z6 Ed. 2.
Pref ript. 52. 15 H1. 3. Probibiton,22.
halve
 Prohibition. 99
have a Prohibition. And fuch Hofpital may be appendant unto a Manor, as
well as the Advowfon of a Church.
C And if a Man recover his Prefentation by Quare impedit, and hath his Clerk it Co. 99.
admitted and inftituted, and another Perfon, who claimeth the Advowfon by
Provifion from the Pope, fueth in the Spiritual Court, for to avoid and re-
move the other Clerk ; the Patron who bath recovered his Prelentment, &c.
(hall have a Prohibition unto the Judge for to furceafe, &c.
D So if the King hath Title to prefent unto an Advowfon, by reafon of a
Ward who is in the King's Hands, and after the fix Months paff prefenteth
his Clerk, who is admitted and infituted, and the Bifhop prefent his Clerk
before to the fame Church for Lapfe, who was admitted and inftituted,
&c. by reafon whereof the Bifhop's Clerk fueth the Clerk, who was pre-
fented by the King in the Spiritual Court ; the King's Clerk thall have a Pro-
hibition direted unto the Judges, &c. that tlwy fhall not proceed in the
Plea, &c.
E If a Man fueth a Prieft or a Monk, or Canon or Clerk, in the Temporal See the Stat.
Law, in Debt or Trefpafs, and caufe him to be arrefted by his Body; if 9 Ed. 2. Ar-
they fue for his Arreft a Citation in the Spiritual Court touching the laying of ticuli Cleri.
Hands upon a Clerk by Violence, the other thall have a Prohibition direaed unto
the Judge.
F (a) If two Men are fworn to give Evidence unto a Jury, and do fo, for
-which certain Perfons are indiaed; if they who are indiaed fue them in the
Spiritual Court who gave Evidence, for Defamation, they fhall have a Prohi-
bition.
G Where a Man fueth in the Spiritual Court for Spiritual Caufes, and the
Defendant purchafeth a Prohibition dire&ed unto the Judges there, and deli-
vers the fame, and for fo doing the Judges do excommunicate him for the
Offence he did to the Church, in bringing a Prohibition to them upon a Spi-
ritual Caufe ; the Party excommunicate fhall have a new Prohibition upon
that Matter, commanding them for to revoke the fame. For a Man fhall
not be punifhed for fuing forth Writs in the King's Courts, whether he have Co.Lit.a6.a.
Right or Wrong.
H If a Clerk of the Chancery, or any of his Servants, or the Keeper of the
Great Seal, or any of his Servants, or the Chancellor, or any of his Ser-
vants, commits any Trefpafs in London, or elfewhere, and are fued for this
Trefpafs in London before the Mayor or Sheriff for Trefpafs, they fhall have
a (b) Superfedeas direaed unto the Mayor for to furceafe, and bid the Party

(a) And fo it feems if a Feme be fued for De- in Chancery and his Wife, or other Perfon, be
famation for profecuting a Homine Repleg' for her joined in a Suit by Writ of Trepafs or Debt
Hufband: 33 Ed. 3. Brief 912. in C. B. &c. a Super/edtai is not allowable for
(b) But fee fuch Superfedeas thall not be al- the Clerk. But if a Clerk of B. R. and ano-
lowed after Imparlance, per Cur', 9 Ed. 4. 53.53 her be impleaded in C. B, in Trefpafs, a qer
20 H. 6. 32. a. 22 H. 6. 7. Yet it thall be fedeas for one Ihall be allowed for the others
after Plea pleaded. II H. 4. 68. per Haniford. For the Plaintiff may have his Aaion againfi all
Contra i i H 6. 8. a. b. But there the Suit of them inB. R. '4.H. 4. 27, 22. 34H.6.
was in C. B. See 16 Ed4. 5, 6. 27H. 6. 29.b. 35H.6. 20. 20lH 6.32 4. 1o Ed. 4 .
2&DY 3t3, 3h4. 3 H. 6. If a Clerk C.DRyero a, o, B, andt.
0 2, aSe
 00 Prohibition.
Vide 4 H. 3. fue in the Chancery, if it be needful for him. And there are divers Forms
of thefe Writs in the Regifter; and one Writ reciteth, that this Cuftom and
Privilege was confirmed by Authority of Parliament. Anno 18 Ed. 3.
t H- 4- 88. If a Woman hath Title to fue a Cui in vita, and the fwear unto the Tenant, I
that the will not fue the Cui in vita againft him ; if fhe afterwards fueth forth
the Writ, for which the Tenant fueth her in the Spiritual Court for Breach of
her Oath, the fhall have a Prohibition, becaufe the Oath toucheth a temporal
Thing, viz. Land.
If two feveral Patrons prefent feverally to the Bilhop, and thereupon one K
fueth a Quare impedit or a Darrein Prefentment againft the other, and reco-
vereth, and hath his Clerk admitted, for which the other Clerk fueth the
Clerk who recovereth by Appeal or otherwife, in the Archbifhop's Court, be-
caufe that he was not admitted at the Prefentment of his Patron; the Patron
who recovereth thall have a Prohibition direfted unto the Archbifhop, &c. or
againft the Clerk that fueth there for that Caufe, that he do not fue for that
Caufe, &c.
And fo it is if the Patron be diffurbed by the Prefentment of a Stranger, L
and the Diflurber's Clerk fueth the very Patron's Clerk in the Spiritual
Court; or contrary, the Clerk of the rightful Patron fueth the Clerk of
the Difturber in the Spiritual Court, he who is grieved fhall have a Prohi-
bition.
And if the King do collate unto any Prebendary, or recovereth the Col- M
lation unto any Prebendary, and hath his Clerk admitted, and afterwards
the Clerk who is vexed fueth in the Spiritual Court, by means of Appella-
tion, or Commiflon, or other Caufe, by which the Title of the Collation
may come in Debate; the King fhall have a Prohibition dire&ed unto the
Judges where the Suit is, commanding them, that they do not proceed.
And if the King do recover his Collation or Prefentation unto any Church, N
[ 43* J and after Execution of the Judgment is difturbed by Appeals, or Citations,
or other fuch Means; or if that after the Clerk be indufted, the King's
Clerk be vexed by Appeals, or Commiflions, or Citations in the Spiritual
Court for this Caufe ; then the King fhall have a Writ dire&ed unto all
Sheriffs, Mayors, and other Officers, to take and arreft the Bodies of thofe
who made fuch Impediments, to difturb the Execution of the Judgment, or
of fuch Prefentations or Collations made by the King;a and alfo fhall have
a Writ of Prohibition unto the Bifhops and their Officers, that they do
not any Thing in Derogation of his Prefentment or Collation, or of the
Execution of the Judgment given for the King. And alfo the King may
fue fuch Prohibition direfed unto the Party himfelf who fueth fuch Appeals,
Provocations, Citations, Inftruments or Procefs, &c. that they do not fue
fuch, or permit fuch Appellations, Provocations or Impediments to be.
And the King thall have an Attachment upon that dire&ed unto the She-
riff, &c. if the Party follow or fuffer fuch, &c. to be fued contrary to that
Prohibition.

If
 Prohibition. TOr
A If the King do recover his Prefentment unto a Church, and hath a Writ
unto the Bifhop, &c. to remove the other (a) Incumbent, for which the In-
cumbent fueth an Appeal in the Archbifbop's Court, &c. by r*alfon whereof
the Archbifhop fendeth a Prohibition, that he do not admit the King's Chrk
pendent the Appeal, &c. then the King (hall have a Writ directed unto the
Archbifhop and his Officers to take off his Inhibition, and that they do no-
thing, nor fuffer any Thing to be done by others, in Derogation of the
Crown or of the King's Right ; and thall have another Writ againft the In-
cumbent, that he follow not fuch Appeals, Provocations, or other Procefs or
Impediments. And alfo the King may have an Attachment dire6ted unto the
Sheriff againft fuch Incumbent, if he go on there after fuch Prohibition di-
refted unto him.
B And it appeareth by the Regiffer, that another common Perfon who reco-
vereth his Prefentment, or hath Title to prefent, Ihall have fuch Writ of Pro-
hibition unto the Spiritual Judges, or the Party, that they thall not proceed,
or purfue fuch, &c. and alfo Attachment againft them if they do, &c. And
where the King's Clerk is in Poffeffion by fuch Recovery, and is after di-
fturbed by another with Force and Arms, that he cannot take the Tithes and
Profits of the Church, he fhall then have a fpecial Commillion direded unto
the Sheriff, and other the King's Officers, to take fuch Perfons, as well within
Liberties as without, and to carry them unto the Gaol, there to remain till
they have other Command from the King.
C And if the King do recover his Prefentment, and hath a Writ unto the
Bifhop, and his Clerk is infituted and induted; if the Bifhop at the Suit
of others hath Provocations, or other Inftruments, to cite the King's Incum-
bent to the Court of Rome, or elfewbere out of the Kingdom ; then the
King thall have a Prohibition dire6ted unto the Bifhop, that he do not cite,
nor caufe to be cited, fuch Incumbent, &c. and the King may have an At-
tachment upon it, if, &c. And it feems that the King fhall have a Prohi-
bition without any Recovery had before, if his Prefentee be inftituted, &c.
And fo it feems a common Perfon fhall have and fue fuch a (b) Prohibition,
when the Suit is to try the Title of the Prefentment or Collation; yet the
Writs in the Regiffer are and fpeak of a Recovery.
D If a Man make an Oath to infeoff me before fuch a Day, &c. if be do not IiI.4 s'4F
infeoff me, I cannot fue him in the Spiritual Court for Breach of his Oath, contrary for
becaufe the Thing which is to (c) be done is a temporal A&, and Ihall be perfonal
tried at the Common Law, whether he hath done it or not ; and therefore Things.
if he be fued in the Spiritual Court for that Caufe, he fhall have a Probibition. hibition 15.
See 42. F.
2 Ed., .
(a) And Note; If the Party be convi&ed in an (r) See 2 H. 4. 10. 4. h. accordant; and fo
Attachment on a Prohibition for the King, and ii H. 4. 88. For by Haniford, If it be fonjd
he procures an Appeal, &c. yet he ihall not have by a jury, he fhall be condemned and awarded
the judgment which the Stat. 27 Ed 3. r. '- to perform the Oath. NOte 27 7 70. Ia
gives againfl thofe who make Default in a Pre- Suit in Court Chriftian po /a/e Fidei, they
swnire; but only -That he fhall be taken. cannot award one to pay the Debt. but only a
3o Ed- 3, ii. A. Corporal Penance, which he ay commute.
(b) See z z Ed. 4, 20, 38 H. 6.24. H11.
4.
S, H. . 22.
7 Ed
 lot Prohibition.
And if a-Man be rued in the Spiritual Court, and the Judges there will not F
4 Ed. 4. 37, grant unto the Defendant the Copy of the Libel, then he ihall have a Pro-
hibition direded unto them for to furceafe, &c. until they have delivered the
37 11 6. 9. Copy of the Libel, according unto the Statute made Anno 2 H. 5. And alfo
ZZEd. 4. Z. the Deftndant may have an AIion againft them upon the faid Statute, if they
will not deliver the Copy of the Libel, whether the Caufe in the Libel be a
fpiritual Caufe or not.
37 H. 6. 9. (a) If a Man maketh a Devife of Lands or Teiements devifeable, the F
Athton. Party to whom the Devife is made (hall not fue in the Spiritual Court to
46 Ed. 3. 32. have the Lands or Tenements to devifed; but if he do, the other Party thall
8 H, Pro- h
hibition 19. have a Prohibition. But if he devileth Goods or Chattels Real, as a Term
for Years, or a Ward ; there he may fue in the Spiritual Court for fuch
Things.
13 H. 6. Pro. If a Man fueth in the Common Pleas for Trefpafs, if he fue him in the G
hibition 3. Spiritual Court for the fame Caufe, he may (b) thew the Matter in the Com-
4 Ed. 4- 37- mon Pleas, and thall have a Prohibition from thence direaed to the Judges,
38 '4-' &c. And fo always when the Matter is depending in the Common Pleas, if
zH. 7 . 6. lie fue for the fame Caufe in the Spiritual Court, he fhall have
a Prohibition
out of the Common Pleas.
31 H. 8. But a Man thall have a Prohibition out of the Chancery or the King's H
Br. Prohibi- Bench upon his Surmife, furmifing that he is fued in the Spiritual Court for
tion 7. a temporal Caufe, &c. although he be not fued in the King's Bench, or other-
N E. ante31where, for that Caufe.
If a Man fue a 9Ltare impedit, and deliver it of Record, as he may, and I
2 Ed. 4. afterward the Defendant, or his Clerk, fue a Citation againft the Prefentee of
V. i8 H. 8.5. the Plaintiff; the Plaintiff in the Quare impedit fhall have a Prohibition in the
Common Pleas before the Return of the Writ of Qeare impedit, becaufe it
appeareth on Record that fuch a Quare impedit is depending.
Ante 41. G. If a Parfon grant to one by Deed, that he fhall be difcharged of Tithes K
$Ed. 4- 13. of his Lands, and afterwards he fueth in the Spiritual Court for the Tithes,
L 44- 1 &c. it is faid that he fhall not have a Prohibition, becaufe he may pretend
this Matter in the Spiritual Court, to difcharge him of the Tithes. But if
it were upon a Compofition made before Time of Memory, and now the
Parfon fueth for the Tithes of thofe Lands, there he fhall have a Prohibition
againft the Parfon, &c. 9uere the Diverfity, for I think he (hall have a Pro-
hibition in both Cafes. The Cafe is M. 8 Ed. 4. 14.
Vide Com. If a Man promife one ten Pounds, if he will marry his Daughter; if he A
350 and 309. marry the Daughter, and the other will not pay the Money, he fhall not fue
4 Ed. 3. z4.for the fame in the Spiritual (c) Court. But if he promife one with his

(a) See 22 Ed. 4. Confjltation 5. 8 H. 5. hibition: Q-Oure. See 38 H.6. 14. Raf.Entr.
P1.19. 38H.6.14. 4 0Ed. 3 . 3 6. 13H.6. pl.48 4 . 1oH.6.zi.
Frobihition 3. ante 3 1. (c) See the Cafe of 7fline and Shelton, 4, 5
(b) See 7 H. 4. 1. Si vero agatur in Curia Pb. & Mar. & 3 3 Ed. 3. Jurrfdilion z 5 . Po.
Chrilianitatiitantummod ex. ocio, and the Par ty 5 8. S. I4 Ed. 4. 6. 17 Ed. 4. 4. 6. 15 E.' 4.
has Corrcttion, it feems he fhall not have a Pro-' 3 2. a.

2 Daughter
 Prohibition. zog
So. S.
Daughter in Marriage ten Pounds, &c. if he doth aiarry the Daughter, and Vide
he do not pay the Money, he may fue in the Spiritual Court for the ten 2z AT 70.
Pounds, becaufe it concerneth Matrimony. Which Diverfity fee in 22 Ed. 37 H 3.
Lib. Af: Prohib. z2.
B (a) If the Teftator charge his Executors to pay his Debts to his Creditors, j6 H. 3.
if they do not pay them, the Creditors may fue in the Spiritual Court; and Ibid. 24.
they fhall not have a Prohibition, for that this Charge of the Teftator is as
a Devife unto his Creditors: Quod vide H. 9 Ed. 3. Prohibition I7.
C (b) If a Man giveth Goods in Marriage with his Daughter, and afterwards 13 H. 3.
they are divorced ; the Wife may fue in the Spiritual Court for the Goods, Prohib. zz.
and no Prohibition will lie thereof. Vide 139.
D If a Stranger do diflurb the Executors to perform the Will, they may fue F. Prohibi-
him in the Spiritual Court, and no Prohibition lieth againft them for fo doing. ton 2.
T. 4 H. 3. Prohibition 28. acc.
E If a Man fueth a Prohibition becaufe another draweth him into the Spiri- 4 Ed. 3. 27,
tual Court for an Advowfon of a Church, &c. upon the Attachment upon the 29 Prohi-
Prohibition fued he may declare, that he did deforce him of great and finall bcon -

Tithes, &c.
F If one Parfon fueth another Parfon in the Spiritual Court for Tithes of the PoA. 4.
Profits arifing in one hundred Acres of Lands within the Bounds and Limits
of his Parifh being, for which the Patron of the other Parfon purchafeth an
.Indicavit unto the Spiritual judge for to furceafe, &c. then may the Parfon
vho fueth in the Spiritual Court come into the Chancery, and have a Writ
unto the Bifhop for to inquire of the Value of the Church, according to the
Tax of Tithes now current, as upon the Value of the Tithes demanded, and
to certify the King in the Chancery thereof by Letters under his Seal, with
the Writ : And it feemeth he ought fo to do before he have a Confultation
granted in that Cafe.
G If a Bithop will cite or compel the King's Chaplains, or the Mafters of the
Chancery, which are the King's Chaplains, to make their perfonal Refidence
upon their Benefices when they are attending in the King's Service, they may
have a Prohibition unto the Bifhop, &c. and upon the fame an Alias, Piuries
and Attachment. But if they be not attending in the King's Service, then
the Ordinary may compel them to make perfonal Refidence upon their Bene-
fices; and the Form of the Writ is fuch:
The King to the IJorjhipful, &c. Whereas our Clerks, while they continue in
our Service, ought not to be compelled to keep Refidence perfonally upon their Be-
nefices, or to be therwife dfquieted or molefied hereupon ; We and our Progeni-
tors, formerly Kings of England, having always, from Time out of Mind, hi-
therto ued thefe Liberties and Privileges for our Clerks, command you, that you
in no wife compel our beloved Clerk, Parfon of the Church of B. &c. who by our
Command continually attends our Service in our Chancery, to perfonal Refidence
upon his Benefice, while hefays in ourfame Service, &c.

(4) 7Eliz 305. BraoDebtX3. 22Ed.3.A 7 o. (b) z6H..7, 13 Fi 3, rL'5, 13

Ar~
 104 Prohibition.
And if the King's Chaplain be chofen Dean of any Church, which 011e
requireth perfonal Attendance and Refidence, and the Bilhop will compel him
to take- th, Deanery which requireth that perfonal Refidence, by fpiritual Cen-
fures and Citations, &c. then he fhall have a Prohibition unto the Bifhop by
thefe Words: We flrialy p;cb:. t yu, that you by no Means whatever <wmnpr!
hi;,; the [aid :. to keep any Refince on his Benefice, or to take upon hi 1
Duly af:c d, cr require any Thing for Refidence of this Kind, while he [o a!
tends cur Ser sice aforefaid; and if any Thing in the Fruits, or other Goods of th-
CE::rch ef oir i C ;-k, have been put under Sequefiration upon that Occaion,
by hi; the fid B *2p or his, vcu caufe the fame to be rel-a/cd witkout Delay,
&c. And fo if the Clerk abide in the King's Service in the Company of our
beloved and truffy R. of P. in the Parts of Gafco;y.
And fo if the Bifhop will amerce the King's Chaplains, and compel them
to pay a certain Sum of Money for Non-refidence, they fhall have a Prohi-
bition.
V. e Stat. Ar- If one fue another out of the Realm for Debt, or other Caufe, whereof thel
ticull Ce King's Court may have Conufance, he fhall have a Prohibition againift him,
Cap.z and an Attachment upon the fame, if, &c. And fo if one Clerk fucth ano-
ther upon the Title of Collation of any Prebendary out of the Realm, &c.
he may have this Prohibition: And the King may fend a Writ to him who
is fo fued out of the Realm, commanding him upon Pain of Forfeiture of
fo much as he may forfeit, that he go not out of the Realm for to anfwer
thereunto, whereof the Conufance doth appertain unto the King's Court. And
alfo the King may fend unto the Prebend, if he be fued out of the Realm for
Title of the Prebendary, to prohibit him upon Pain of Imprifonment and of
Forfeiture of what he may forfeit, that he do not go out of the Realm, nor
anfwer there by his Prodor or otherwife, &c. ,
And if any Man do purchafe from the Court of Rome any Citation againift I
any Clerk or others, direded unto the Archbifhop of Canterbury, or unto
[ 45. ] others, to cite fuch Perfons to appear before the Pope, &c. and to anfwer
for the Collation or Prefentation unto any Benefice or Prebendary; then the
King fhall fend his Writ of Prohibition unto the Archbifhop, or other to
whom fuch Procefs is direded, that they do not cite, &c. and may have
another Prohibition to the Party himfelf, and an Attachment upon the
fame, &c.
And when a Confultation is once duly granted, then the Court may pro- A
reed in the Spiritual Court, notwithftanding that the Party purchafe a new
Prohibition direacd unto them, if the Libel be not changed: Quod vide by
the Statute of 50 Ed. 3. c. 4.
JdIcavit, The Writ of Prohibition, which is called Indicavit, moft commonly lieth B
ante 44. between four Perfons, whereof two are Patrons and two are Clerks, and pro-
perly lieth where one Clerk fueth another in the Spiritual Court for Tithes,
which do amount unto the fourth Part of the Value of the Church at the
leaft; for if it doth not amount unto the Value of the fourth Part, but unto
the fifth Part, the Indicavit doth not lie. And this Writ lieth for the Patron,
and that Clerk who is fued in the Spiritual Court: And this Writ may be
fued as well againft the Judge as the Party. And the King may fue this
Writ
 Prohibition. Iof
Writ wher, his Clerk is impleaded for Tithes amounting to the *,alue of the
fburth Part of the Church, or of the Church itfilf. And this Writ of A4di-
.- it lieth as well for the Patron, wbU re his Cler!k is impleaded for the Ad-
vowfon itflf, or fuch Vicarage, Preb .nd or Chapel, as well as if he were im-
pleaded of the Tithes of the Church, Vicarage, PrbenJ or Chapel.
And it appearcth by the Regifter, th2 Vrit of Indicavit which the King
fhall have where the Clerk is imj pltaded in the Spiritual Court for Tithes, not
mking Mention what is the Value of the fourth iart, is fuch:
Phe King to the Official of the Bjbop, &c. and to his Commi&iries, greeting
Whereas A. of B. Parfon of the Church of W. holds all the Tithes forth conuxn
cf the Marh, &c. of our Advowfon, the Abbot of Battel claiming them to belong
Ioh huh *f,&c. draws him into Plea, &c. We prohibit you, &c. whether
Alvoon of the fame Tithes belongs to us or to the aforefaid Abbot, becauje
ii, &c. And this Writ of Indicavit ought to be fued by the Patron before
jW gment given in the Spiritual Court, for after Judgment given there, the
India-it is void.
C And a Man fhall not have an Indicavit before the Party in the Spiritual
Coure hath libelled there againft the Defendant; and the Party who fueth the
T1,icavit ought to thew the Copy of the Libel in the Chancery, before he
.ave the Indicavit. And when the Party hath libelled in the Spiritual Court, 31 H. 6. 1
and the Party is put to anfiver, then it is called and faid, that the Suit is con-
ce1 ted in the Court of Chriftianity.
D And Indicavit lieth for Tithes and Offerings, if Suit be in the Spiritual
Court for them, as well as it lieth of an Advowfon; and that for a common
Perfon, as well as for the King. And the Writ of Indicavit thall not men-
tion, that the Tithes and Offerings which are in Suit do amount unto the
fourth Part of the Church, but the Tithes forth coming of one hundred Acres 4 Ed. 3. 2,
of Land, or of fuch a Manor : And if thefe Tithes be not to the fourth Part 29: Probi-
of the Value of the Advowfon, the other Party may alledge and furmife the bition i,
fame, and have a Confultation.
E And alfo Indicavit lieth, where one Party is Parfon imparfonee, and the
Clerk of the other Patron fueth him in the Spiritual Court for Tithes, &c.
he may fue the Indicavit. And fo if an Abbot be Parfon imparfonee of a
Church, and another Abbot is Parfon imparfonee of another Advowfon, and
one fueth the other for Tithes appertaining to his Advowfon, amounting
unto the fourth Part of a Church, &c. the other Ihall have the Indicate
againft him.
And if an Abbot be Parfon imparfonee of an Advowfon, and hath a Yicar
cndowcd; then, if the Parfon be fued in the Spiritual Court for the fourth
part of the Tithes of his Parfonage, he fhall have an Indicavit. And fo if
the Vicar be fued for the fourth Part of the Tithes and Offerings of his Vi-
g the Parfon, or he who is Patron of the Vicarage, thall have the Indi-
ewvil, becaufe they are feveral Advowfons; the Parfonage one, and the Vi-
:arage another; and there may be divers Patrons of them. Quod -i;de P.
: H. 6. in Title Idir-it. See Wef. x. cap. 35

P 1,
 o4 Prohibition:
If Bailiffs, Mayors, or others, who claim Jurifdialon to arreft a Man upon F
a Plaint before them, or to attach his Goods, &c. do arreft one for Tref-
pafs or Contrad, who was not within their Jurifdiaion, the Party arrefted,
Uc. Thall have a Prohibition direled unto them, &c. and the Form is fuch:
The King to his Bailifs A. of N. Whereas it is provided by the Common Council
of our Realm, that it may not be lawful for any of the fame 1Rea n, except for
us and our Mini/?ers, having fpecial Authority for this Purpofe, to attach any
Perfons paling through his Bailiwick or Dominion, to anfwer any Perfon upon
Contretl:, Covenants or 7refpafs made out of the fame Bailiwick or Dominion ;
We command you, that you do not attach B. to anfwer any Perfon before you in
your Bailiwick upon Contralls, Covenants or frefpafs of this Kind, contrary tor
the Form of the Proviffon aforefaid; and if you jhall have made any Diffrefs there-
upon, that you caufe the Jame to be delivered, &c. And if they will not obey
the fame, he fhall have an Attachment againft the Bailiffs. And this Writ
lieth as well upon Attachment of Goods, as for arrefting of the Body.
If a Woman have Lands which the holdeth in Dower,. or of Joint Pur- G
chafe with her Hufband, or of her own Inheritance, if the Sheriff have Pro-
cefs out of the Exchequer to levy the Hufband's Debts which he oweth
{ 46. ] unto the King ; or if the Sheriff have Procefs out of another Court to levy
Debts due by her Hufband to another Perfon; if the Sheriff will diftrain in
the Lands which the Wife holdeth, &c. the Wife fhall have a Writ unto
the Sheriff, that he do not difirain the Wife who holdeth fach Lands, in
the fame Lands, for the Debt of the Hufband ; and the Form of the Writ
is fuch:
The King to the Sherif, &c. Whereas according to the Law and Cufftom of
our Realm, Women ought not to be difrained in the Lands and T'enements which
they hold in Dower of the Gift of their Hufbands, or which are of their own
Inheritance, or which they have purchafed to themfelves, for paying the Debts
of their Hufbands; and you, as we are informed from her heavy Complaint, do
diftrefs B. who was the Wife of A. in her Lands and tenements which Jhe holds
in Dower of the Gift of the fame A. and alfo which were of the Inheritance of
her the faid B. and of the Purchafe of her the faid B. We command you, that
,you do not dflrain or caufe to be difrained her the faid B. in her Lands and Te-
nements which fe hdds in Dower, or which are of her own proper Inheritance,
or of the Purchafe of her the faid B. for the paying the Debts of the aforefaid A.
lcme time her Hu/band, contrary to the Law and Cufloin aforefaid, &c. and the
Dijrefs, if any, &c.
And there is fuch a Writ unto the Sheriff,. where Procefs cometh unto
the Sheriff out of the Exchequer, to levy the Debts of the Hufband, pe;
pimn' Scaccarii, &S. And in that Cafe the may fue a WY rit unto the Barons
of the Exchequer, that they furceafe to make out foch Procefs to the She-
riff to difhitn the Wife in fuch Lands, &c. Another Form of Writ unto
ihe Barons of the Exchequer, to furceafe for to diflrain the Wife, &c. ard
with a Provifo in the fame Writ, that they levy the Debts of the Hufband's
Executors, or of his Heir, or of the Lands and Tenements which were the
H-ubAnd's, &r

And
 Prohibition4. t oy
A And if a Man fue another in the County Court for Debts (a) or Chattels, Vide ant. gr
which do amount to the Sum of forty Shillings; th-n the Party fhall have a
Prohibition againft him who is Sheriff, that he hlit not hold Plea thereof,
and that he tell the Party that he fue in the Common Pleas; and the Wric is
fuch:
The King to the Sherif, &c. Whereas Pleas of Chattels and Debts which
amount to the Sum of forty Shillings, or exceed it, according to the Law anmd
Cuffem of our Realm, ought not to be pleaded w.thout car UWit ; and as we hear
A. hath impleaded B. touchin- a Debt of one hundi'd M/illings i;s lour County
without our Writ ; We comman~d you, if it le fo, that ien you a jolutly juper-
fede that Plea from being further holden in the County aforefaid without our Wri,
and on our Behalf that you tell the aforefaid A. that he may upon Reqpi obtain
our Writ of the Debt afore/aid againfl the aforefaid B. if it fhall feeia to him ex-
pedient. Witnefs, &c. And if fuch Writ be fued in another Court, then the
Writ fhall be direted unto the Bailiff of the Court, in fuch Form:
The King to his Bailifs 1. of N. or to his Bailifs of N. greeting: Whereas
Pleas, &c. (as above, until) without our Writ; and as we hear A. impleads B.
for this, that the fame B. may render to the aforefaid A. Chattels to the Value of
ten Pounds, before us in the Court of your faid Lord of N. cr in our Court of
N. without our Writ; We command you, if it be fo, that then you wholly fitper.-
fede that Plea, &c. (as above). And if they do not furceafe upon this WriX,
then he fhall have an Alias and Pluries, and an Attachment againft them, and
alfo an Attachment againft the Party himfelf.
And if a Man do owe unto another Man five Marks, and he fue feveral
Plaints for the fame in the County Court, or in any other Court againft the
Debtor, he fhall have a Prohibition thereof, and rehearfe the Matter, and that
he would defraud the King's Court of its Jurifdidion, and alfo the Party of
his Anfwer, &c. commanding them that they do not proceed, &c. and that
he command the Party to fue at the Common Law in the King's Court; and
if they will not furceafe, he fhall have an Alias and Pluries, and Attachment
upon the fame, &c.
And fo it is if a Man will fue in the County Court a Writ of Covenant
or Trefpafs, unto his Damage of forty Shillings or more, the Party thall
have a Prohibition for to furceafe, and thereupon an las, Pluries and Attach-
nent, &c.
And fo if the Executor fueth in the County, or in a Court Baron, for a
Debt of five Marks by divers Plaints, whereas the Debt is upon a Contra&,
or upon an Obligation; now the Defendant may thew the fame, and plead
unto the Jurifdiaion of the Court, or he may have a Writ of Probibition di-.
re&ed unto them, that they do furceafe, &c. and if he have Judgment in any see 15 i1,
of the Plaints fued for Parcel of the Debt, yet in the Prohibition he may pro- Prohibition
hibit him in the Plaints which are depending, and ti. Execution of the 13. coctr,
Judgment ceafe for the Refidue.

(a) And to if he fplit an entire Contrat into coram non Yudice, and void; at leaft, voidable by
leveral Sums under forty Shillings. See 19 H. 6. Falfe Judgment, Kelw. io6. a. See i9 K 6.
54. it feems the Judgments for fach Sums are 5 a.
P 2 And
 108 Prohibition.
And alfo if a Man fee in the County a Plaint of twenty Pounds, and hath
J-Ugment to recover in that Court ; yet the Defendant may fue a Prohibition,
commanding the Sheriff and the Suitors that they do not execute the Judgment,
although he have before admitted the Jurifdiion.
And fo after Judgment given, and Execution awarded in the County, or in
oth r Court Baron, which hath not Power to hold Plea of Debt of the Sum
of forty Shillings, &c. or of Damages in Trefpafs amounting to fuch Sum, or
more, the Party Defendant fhall have a Writ of Prohibition unto the Bailiffs,
or unto the Sheriff or Officer of the Court, that they do not Execution ; and if
-th-y have difirained the Party to make Satisfaaion, that then they releafe the
Diffrefs, and that they revoke what they have done therein.
There is a Rule in the Regiffer thus: If Pleas of Chattels or Debts which Hi
amozunt to the Sum of forty Shillings, or exceed it, are pleaded in the County or in
other Court without our Writ, which is wanting, let not therefore a Writ of
Falfe Judgment, nor Recordare, nor a Writ of Executio Judicii, be made, ex-
1 47. ] cept in Courts of Cities, and other Courts which have 7urifdillions of this Kind,
according to Cufjom.
i Ed. 4 15. Anid if a Man fueth another in the County, or other Court, upon a Plaint A
Juolicies heth of Trefpafs Vi & A~mis; the Defendant may fue a Prohibition unto the She-
&it rmVi riff, or unto the Bailiff, in fuch Form:
Littleon. The King to the Bailffs of B. &c. Whereas Pleas of Trefpafes done with Force
and Arms againji the Peace in our Realm of England, ought not to be pleaded
without our Writ, according to the Law and Cufjom of the fame Realm; and as
we hear W. hath impleaded R. of T. before you in the Court of your aforefaid
Lord, of divers Tre/paJes done to the fame W. by the aforefaid R. with Force
and Arms againfl our Peace (as it is faid) to the great Damage of him the faid
W. and contrary to the Law and Cuflom aforefaid: We command you, if it be fo,
that then you do wholly fuperfede the Pleas aforefaid from being further holde l
before you, telling the aforefaid W. on our Behalf, that he may upon Requeft ob-
tain for himfelf our Writ of frepafs aforefaid againft the aforefaid R. if it bal
feem expedient to him. Witnefs, &c.
And if one Man fueth another in a Court Baron, or other Court which is B
not a Court of Record, for Charters concerning Inheritance or Freehold, he
fhall have a Prohibition, and the Form is fuch:
The King to the Bailifs of R. of P. greeting: Whereas Pleas of Detinue of
Charters or Writings touching Freehold cught not to be pleaded in any Courts w ch
a're not of Record, without our Writ, according to the Law and Cuflor of our
Reahn; an;d E. hath in.pleaded W. before ycu in the Court aforefaid of your Lord
of P. &hut cur Jrit,for this, that the jame W. render to the aforefaid F.
thrce Charters, as we hear: Wle commnand wu, if it be fi, that then you do
2olly fsp:rfede that Plea frcm being fur!hcr holdei lefL re you in the Ccurt afore-
;;d abtur ri:, and thct pa tell tihe af eeraid E. on rur Behalf, that he
m'ay upon Requefl chcin for himfelf tur H it (/ D tiue cif Ch'rters aforefaiJ
agCa;inl the rforcjaidW. if it, hall feem eiped.eit to him Witnefs, &c. in the
titk 2ear. This Writ was ordained by the Cocl~ at York.
 109

Quare non admi/it.

C I F a Man do recover an Advowfon, and hath a Writ unto the Bilhop to See 12 Ed. 3.
I admit his Clerk, and he will not admit him ; thcn the Party may ie an Quare non ad,
Alias and Pluries, or Attachment, &c. or may fue a Writ out of the Chan- mait 6.
cery, or out of the Common Pleas, at his Eleaion, de quare non admift, as
well in the Term-time as in the Vacation ; but the beft is in the Term-time
to fue in the Common Pleas: And in this Writ it behoveth him to certify the
Recovery. And the Form of the Writ of Ruare non admif/t for the King
is fuch:
Thde King to the Sheriff, &c. Summon, &c. A. Bifop of Winchefter, &c. that
he be before us luch a Day, &c. wherefoever, &c. Wherefore, when we lately in
our Court before us had recovered, &c. And he fhall fay in the Writ, If the
King flall make you fecure, becaufe the King thall not find Pledges, &c.
D And if the King do recover his Prefentment in the Common Pleas, yet he
may fue a guare non admit in the King's Bench before himfelf.
E And fo if a common Perfon do recover in a Quare impedit in the Common
Pleas, and the Record is removed by a Writ of Error into the King's Bench,
and there affirmed ; then he thall have a Writ unto the Bilhop there, and
ought to fue Quare non admifit againift the Bifbop there upon the Record,
otherwife not. After the Record removed by a Writ of (a) Error, the Plain-
tiff who recovered fhall not have Quare non admilit until the Judgment be
affirmed in the King's Bench.
F And the Quare non admnifit ought to be fued in the County where the Bifhop
refufeth the Plaintiff's Clerk.
G And in the Quare non admit he fhall recover only Damages, and Ihall
not have his Clerk admitted by this Writ.
H And if the Bifhop hath admitted and inflituted him, and the Archdeacon
will not induat him; he hath no Remedy but only in the Sp'ritual Court, as
it is faid; for it is a good Plea for the Bifhop to fay, That he admitted the
Clerk, and fent his Letters unto the Archdeacon who will not indua him.
And I conceive that if the Archdeacon refufe to induat the Clerk, that the
Clerk fhall have an Ation on the Cafe againft the Archdeacon, becaufe the
Induion is a Temporal AR. As if the Sheriff upon Habere facias feignam
will not admit him into PoffefIon, he fhall have an Alias and Pluries, (b) and
Attachment againft him. But fome have faid, that he fhall have a Citation
againft the Archdeacon in the Spiritual Court, and punifli him there; for

(ay One Defendant fhall not have OQer of Jodgment is a Reverfal of the fecond. See
the Record; avide bic 48. F. 16 Ed 3. 4$jare 26 Ed 3. 5 5. contra, & puere bic, if it be a
non admniit 3. But by Hill, if the Record be in new Osiginal. Nce alfo 26 Ed. 3. 75. accor-
another Place, the Jafices fhall ficeafe till dant.
they have inIfp-ted the Record. See accordint (/) See 13 Ed 3. Quare non adanzj/ie 4- and
7 Ed 3. 5. by ard, in a I' %,re;zo a;ift 9 Ed- 3. iiid 13. a Zziare non adm;/it, againt
in the Rolls. For the isevenal of the [rli an Official. Aiuin Re.x fe capie ad nazm.

perhaps
 S10 Q~tiare non admrij.
perhaps he may lledge a fpecial Caufe, for which by the Spiritual Law he
GcUght not to be in ed, which Caufi cannot be determincd in the Tem-
paral Court. Ideo qu're.
V. H. And if the Vicar-general do refufe to admit the Clerk, the Qqarenon adnpt I
A Man reco- thall be brought againift the Bifhop for th t Refufal; and it t Bilhop do re-
vered in a fufe the Clerk, and afterwards dieth, Quare non admiit is nmaintainabk againft
,are ma the Guardian of the Spiritualities for this Refufal made by the Bilhop.
a Writ to the 2Tamen quere.
Bifhop, who (a) The Bifhop is not bounden to admit the Clerk, if the Church be full K
returned, that of the Prefentment of another Party who is not Party to the Rcovery.
theClerk who If the Bilhop do refufe the King's Prefentee, and doth 4fterwards admit L
was in had re-im tthKigfalavQict
iigned, and- him, yt the King thall have 9ore non adm/ift againft him for that Refufal.
that the and fo thall a common Perfon in like Manner have, as I conceive.
Church was
itel of the Prefentment of J. H. and upon that Return the Plaintiff had a Scire facias againit the Bilbop: And
after the Return the Opinion of the Court was, That he thould have Quare non admifit.

In a Qzare non admift the Bifhop may fay, that he did prefent for Lapfe. M
And 9,uare non admaipt was maintainable againft the Bifhop's Official. Mic.. N
9 Ed. 3-
Ii 48. ] If a Man do recover in a juare impedit his Prefentment unto a Chapel A
which is donative, then I think that he fhall have a Writ unto the Sheriff to
put the Clerk who recovered into Poffeflion (b).
And in a yare non admVit the Bilhop may fay, That the Church is liti- B
gious betwixt two, &c.
If a Man hath a donative Chantry, which is of the Nature that one name C
unto another his Clerk, and that the other fhall inftitute and indua him;
there if he who hath the Nomination be difturbed, he fhall have a Qare
impedit, and if he do recover, he fhall have a Writ unto him who ought to
inftal and indua him, to put him in Poffeffion. But if he be diflurbed by
him who ought to inftal him, then he ought to have a Quare impedit againft
him: And after that he hath recovered, he fhall have a Writ to him who dif-
turbed him, to put his Clerk into Poffeffion ; or he fhall have a Writ unto the
Sheriff, to put the Clerk of him who recovered into Poffeffion, at his Eleaion.

) And Notes The Bithop fhall be excured, Alfo, if the Bilhop be inhibited by the Arch-
if he return the (whole) Matter on the Writ, ad bihop to admit the Clerk, he Thall be excufed,
admittendam Clericum, whereupon the Party and a Writ thall iffue to the Prefident of the
may have a Zuare non admsfit againft the Arches. Par. 22 Ed. 3. N. 63.
Bilhop, to try the Truth of the Return, and (b) See j4 H. 4. i 1. accordant, by Hanif.
alfo a Scire facias againft the Incumbent to try of a Free Chapel, which one has by the King's
his Title. 9 Elia. Dyer z6o. a. Bafe's Cafe. Grant,

tuare
 Qiuare incumbravit.
D (UAIRE incunbravit (a) ought to be fued in the County where the Church
is, becaufe the Wrong is done here.
E And tuare incumbravit doth not lie but where the Plaintiff recovereth by 17 Ed. 3. 74.
Judgment of Court. And the King may fue a Qiare incumbravit in the
King's Bench, although the Record of Recovery be in the Common Pleas;
but a common Perfon cannot do fo.
F (b) And Quare incumbravit may be fued in the Common Pleas, although 1 7 Ed. 3. 74.
the Record be removed in the King's Bench by a Writ of Error, or in the for all.
Treafury , but if the Record be in the King's Bench, it feemeth then that the
Party thall fue the Vuare incumbravit there, &c.
G And Quare incumbravit is an Original Writ, and fhall iffue out of the Chan
cery, and not out of the Common Pleas.
H And Quare incumbravit doth not lie until the Party hath fued the Writ of
Ne admittas (c) unto the Bifhop; for if the Bifhop do incumber the Church
before the Writ of .Ne admittas fued, then the Party fhall have a quare impe-
dit, and not Zuare incumbravit; for the Bifhop cannot have Notice until the
Ne admittas be delivered unto him. And if the (d) Bifhop, after the Ne ad. Ante sy. G.
mittas delivered unto him, do admit his Clerk for whom it is found by the
7ure Patronatus, yet the other Party fhall have Zuare incumbravit againft him.
I (e) And in guare incumbravit he fhall have Judgment to recover Damages,
and alfo his Prefentment. But fo fhall he not have in Zyare non admz/it, but
only Damages.

(a) Per Thorp. If the Bi(hop incumber where within the fix Months. 8. It is no Plea that
no Debate or Difpute is, yet this Writ lies. the Record is removed by Error. 17 Ed. 3. 50,
17 Ed. 3- 74 . 21 Ed. 3. 9uare incum- 54, 74, or that he has received the PlaintifFs'
bra'vii 3. and fo by Wilby, if the Bilhop incum- Clerk at his Nomination. 21 Ed. 3. 3. a.
ber within the fix Months, though no Plea be (c) Note; The Iffue in that Cafe fhall not be
pending, 18 Ed. 3. 17. b. which was admitted on the Day that the Prohibition was delivered,
by Hill and Pole, and that there (hall be a fpe. but whether he received the Clerk before the
cial Count, and not of a Recovery. Prohibition delivered or not. 19 Ed 3. Zuare
(b) In a Zitare incumbrarvit, per Thorp & incumbravit 2.
Green adjudged. i. That one thall have Oyer (d) See accordant 19 Ed 3. Quare incum-
of the Record. 2. That one fhall have this bravit z. iS Ed- 3. 17. And the Reafon is
Writ before Judgment. 3. That the Writ thall becaufe the Patron need not thew the Right of
be returnable in the fame Court where the ori- Patronage to be in him, for the Ne admitta
ginal Judgment was given. 4. Where the Writ with the Recovery gives him the A tion, tho'
fuppofes the Plea pending touching the Church, he be not the true Patron. See 8 R. z Quare
't is good. 5. That the Writ thall not make impedit 199. a Zuare impedit lies in fuch Cafe,
Mention of the Place where the Recovery was although he has not prefented to the fame Avoid-
had. 6. It need not mention whether he in- ance. 17 Ed- 3- 75. Alfo the Plaintiff need not'
c-umbered wi1hin or after the fix Months, but count that the Bifhop refufed his Clerk, for the
that fhall come by way of Anfwer. 7. If one Incumbrawit is a Refufal. i8 Ed- 3. 17. b.
recover within the fix Months, and the Bifhop (e) See ? i Ed 3. 3. accordant; but his Tem-
:'mreumbers, he ihall have a tars incumbravit poralties thall not be (feized) at Common Law.

(a) AndA
 II2, Quare incumbravit.
(a) 2.nd in z2 Ed. i. it was adjudged, That a Man ihall have a Quare in- K
caibrait without making Mention of any Recovery in the Writ, or in the
Count. But by the Rule of the Regifter he ought to mention the Recoverv;
3+ H. 6. 39 and that fcems to be the better Opinion.
(a) And after the Ne admittas delivered, if the fix Months pafs, the Eillop L
may prent his Clerk for Lapfl, and fhall not be charged by the Qyare in-
cun)ravit for that Prefentation ; but it feemeth he cannot admit the Clerk
of the othcr Man after the fix Months paft, for that fhall be againft the Writ
of Ne admittas delivered unto him. And alfo if the Bifhop do prefent the
Clerk of the other Party after the fix Months, who had prefented unto him
before, that Pr-'ntment maketh Title to the Party, although it be after the
fix Months ; by which it feemeth that the Qiare incumbravit licth then for the
Party.
Af. vide ac- And if the Plaintiff be Nonfuit in Ouare incumbravit, he may fue a new M
cordant Mare incumbravit, and may vary from his.Count upon the firft Writ. And
Ed.
r9 2cmit is a good Iffue, that he did not incumber, &c. after the Prohibition deli- N
Quare incum-.
bravic z. vered unto him.
And if a Man hath a Zuare impedit depending, and he fue a Ne admittas 0
to the Bifhop, and afterwards the Bifhop do incumber the Church within the
fix Months with his Chaplain, or with the Defendant's Chaplain, then the Plain-
tiff Ihall have Zuare ircuimbravit; and the Form of the Writ thall be fuch:
The King to the Sheriff of Lincolnfhire, greeting: If A. /hall make you fecure,
&c. then fummon H. BIbhp of Lincoln, that he be before our 7uflices, &c. to
ftew wherefore, when the fame A. in our Court (b) before the 7uflices aforefaid,
l'y the Confideration of our Court aforefaid, had recovered his Prefentation to the
Church ojf I. againfi B. yet the fame Bijhop, pending the Plea in the aforefaid
Court before the before-mentioned 7ulfices, hath incumbred the fame Church, to the
no little Damage and Grievance of him the faid A. and contrary to the Law and
Cufom of our Reabn : And have you there, &c. Witnefs, &c.
And if he do not appear at the Return of the Writ of Incumbravit, nor at P
the A'l as, then the Di/ringas fhall be in the End, In manifef Contempt of us
and our Commands, and to the mani/eft Weakening ihe Conjideration of our Court:
And have there, &c,I

(a) A Zare incumbravit was brought by the Whereupon the Bilhop taking no Notice of the
Tenant of one Audley againft the Bifhop of Exe- Prohibition ferved on him, plead,, that the
ter, and counted that the Church avoided the Church had been void twelve Month5, and that
13 th of April, by the Death of I. S. and that fix Months paffed before the Recovery, whereby
Debate arofe between him and William Cham- the Bifhop prefented as Ordinary, atue hoc,
ee-noon, and that the Plaintiff recovered in a that he incunmbied within the fix Months, and
Z)are impedit, and that pending that Suit, he refolved that what is faid of the Timre of the
oelivered to the Bilbop a Prohibition at fuch a Avoidance (hall not go to the Incumbrance;
Place, and that the Bifhop incumbered within wherefore Pole, &r. took Iffue, whether he in-
the fix Months; the Bifhop pleads and thews, cumbred within fix Months after the Avoidance,
nat the Quare impedit bore Date the 9 th of April, . 8Ed. 3 - i 7 .
and fo was brought in Wrong to the Incumbent; (b) And Note; This Writ has been adjudged
fed non allocatur. For fuppofe it was brought, good, without faying before what Juflices he re-
living the Patron, if the Parfon dies pending covered. 18 d 3. I7. in the Cafe upra of H.
the Plea, and the Bifhop incumber it, and after- de Audley.
syards the Plaintiff recovers, a -0u'areimpedit lies.
And
 furis utrum. trI4
.Q And if -a Man hath a Writ of Right of Advowfon depending betwixt him
and another, and the Church void pendent the Writ, the Plaintiff ihall not
have Ne admittas to the Bilhop, nor the Writ of Quare incumbravit, although
tLe Bifhop incumber the Church ; for the Denandant fhall not recover the
Prefentment upon this Writ, but the Advowfon; and if he hath Title to pre
fent, he may prefent, and have a Quare impedit, if he be diflurbed.

jYaris zutrurn.
.R TURIS utruin is a Writ of the higheft Nature that a Parfon can have; and [ 4:9-
J he ihall have this Writ where the Lands or Tenements are aliened by his 19 H. 40.
Predeceffor, or if a Recovery be had againft the Predeceffor by Default, or toAnui b
by Reddition, or for Want of Pleading of the Predeceffor, where he hath not recovercd a-
prayed in Aid of the Patron and Ordinary. But if he do pray in Aid of the gainft a Par-
Patron and Ordinary, and they join in Aid, and render the Land, or confefs 1on, his Suc
the Aation, then the Succeffor of foch a Parfon fhall not have this Writ againif ceor thall
that Recoveree: And alfo if a Man recover by Anion tried againft a Parfon's Jris utrun
Lands or Tenements, by Verdi6t, and the Parfon doth not pray in Aid of the upon that Rc-
Patron and Ordinary,' yet his Succeffor fhall have a 7uris utrun, and fhall not covery, for
be put to a Writ of Attaint. Paft. 50. D. that nothing
A And if a Man intrude into Lands and Tenements after the Death of a fthe ou-
Parfon, the Succeffor Ihall have this Writ of furis utrum: And fo if a Par- fion of his
fon be diffeifed of Lands and Tenements, Parcel of his Retory, and dieth, Succeffor; but
his Succeffor fhall have a 7uris utrum (a). a Charge only
B And alfo a Parfon may have an Aflife of Lands or Tenements of his Rec- upon the Suc.
tory, or a Writ in the Quibus, in the Nature of an Aflife, or a Writ of En- fhallbindhim,
try in the Per or gui, or in the Pofl, upon a Diffeifin made to himfelf, but
not upon a Diffeifin made to his Predeceffor, but fhall be put to fue a 7uris
utrum, &c. 20 Ed. 3. Juris utrum 5.
C Alfo a Parfon may have a Cefavit, if his Tenant who holdeth of him ceff- Vide 7. e.
eth, &c. or a Writ of Efcheatry, if his Tenant die without Heir. And by
the Statute of Wef. 2. lie may have Quod permittat of common Pafture.
D) And if a Parfon with the Affent of the Patron and Ordinary leafeth his Glebe Vide so. IF.
Lands for Life, and the Tenant alieneth in Fee, or lofeth by Default; it feem-
eth the Parfon who leafed the Land fhall have a Confimili cafu during the Life
of the Tenant for Life; and after the Death of the Tenant for Life, a Writ of
Entry ad communern Legem.
Y, And if an Abbot or Prior be Parfon imparfonee of a Church, and 4lieneth
the Land of the Rectory, his Succeffor fhall have a Yuris utru.,m to recover the
Land, ind not other Writ, becaufe he fhall have that as Parion,

ia) See 26 H. 8. 3. 33 Ed 3, fd del Roy 163.

 114 7kirs utrum.
And if a Man leafeth Lands unto one for Life, and afterwards granteth F
the Reverfion by Licence unto a i'aribn and his Succeffors, and the Tenant
attorneth, and after the Tenant for Life lofeth the Land by Default, or ali-
ct;rh in Fee the Parfon fhall have a Writ de confimili ca/h during the Life
of the Tenant for Life, and after his Death he fhall have a Writ of Enitry ad
communem Legem, &c.
And if a Parfon lofe by A~Iion tried, or lofeth by Default, his Succeffors G
(hall have a Writ of Error or Attaint.
And if a Reverfion be granted unto a Parfon and his Succeffors by Licence, H-1
he fhall have a guid juris clamat ; or if the Services of a Tenant e by Li-
cence granted unto a Parfon and his Succeffors, he fhall have a Per quefer-
vitia: And fo of a Writ of Quem redditum reddit, &c.
And fo if a Parfon be Tenant in Common of a Wood, or other Land, in I
the Right of his Church with another, and the other Tenant do Wafte in the
Wood, or Land, &c. the Parfon thall have a Prohibition; and if he do
Cap. 1r. Wafe, he thall have a Writ of Partition, and the Place wafted fhall be af-
Par. 49. figned to the other Party by the Statute of Weft. 2. cap. 22. But if a Parfon
be Patron of a Vicarage, and the Vicarage void, and a Stranger doth prefent,
the Parfon thall have a Quare impedit or Darrein Prefentment: But if the fix K
Months pafs, he fhall have a Writ of Right of Advowfon, becaufe that that
Writ is given only for him who hath the intire Fee and Right in him, and
the Parfon hath not the fame ; for the Right is in the Patron and Ordi-
nary.
Nor fhall a Parfon have a Writ of Right Sur difclaimer, nor a Writ of L
Cuftoms and Services, nor an Injujfe vexes, nor fuch Writs as are grounded
2e Ed. 3. Ju- upon the mere Right. But it feemeth he may have Contra formam Collatio-
ris utrum, &c. nis, or Feoffamenti, and a Writ of Mefne, and ad Terminum qui preteriit, &c.
Old N. us' and fuch rofreffory Writs which are grounded upon the mere Right.
And a Parfon or a Vicar thall have a Writ of 7uris utrum againft thofe whoM
are feveral Tenants; and then the Form of the Writ fhall be fuch:
(a) The King to the Sherif of S. greeting: If L. Bi/hop of London, Perfon N
of the Church of E. Ihall make you fecure, &c. then fummon twelve free, &c. of
the Neighbourhood of E. that they be before our 7uftices at Weftminfter fuch a
Day, ready by Oath to recognize, whether twenty Acres of Land with the .Appur-
tenances in E. be Frankalmoign belonging to the Church of him the faid L. or the
Lay Fee of A. B. C. and D. and in the mean time let them view that Land, and
fummon, &c. the aforefaid A. who holds two Acres thereof, B. who holds eight
Acres thereof,. C. who holds five Acres and one Rood thereof, and D. who holds
four Acres and three Roods thereof, that they be then, &c.

(a) This Writ feems intended of an Appro- and that this is the Freehold of his faid Church,
priation, and not of a Commendam, and, feems (Judgment de Breve) for the Plaintiff (Court)
maintainable in, &c. 29 Ed. 3. i1. cannot take Notice thereof, (or join Ilfue there--
And in this Writ it is no Plea for the Tenant upon). 3 Ed. 2. Brie/785.
to fay, that he is Parfon of the Church of D.

And
 furis utrum. I[5
0 And two Prebendaries may be one Parfoi I in one Church, ad then they
fhall join in a 7uris utrum; and their Writ fliall be fuch:
If W. Prebendary of the Prebend of N. and R. Prebendary of the Prebend o
I. in the Church of the blejfd Peter of York, Parfon of the Church (a) of A.
annexed to the Prebends aforejaid, flall make you fecure, &c. then fummon twelve,
&c. (as laft above).
P And where a Man is Parfon of the Moiety of the Church, and another
Clerk is Parfon of the other Moiety of the fame Church, thcn one may have
a Yuris u/rum, and the Writ fhall be foch:
Q If W. Parfon of the Moiety of the Church of N. fhall make you fecure, &c.
then fummon twelve, &c. by Oath to recognize whether, &c. be Frankalmoign
belonging to the Moiety of him the faid W. of the Church aforefaid, or Frank-
almoign belonging to the other Moiety of R. Parfon of the other Moiety of the
Church aforcfaid, &c. And Dean and Chapter may have Juris utrum in fpe-
cial Cafe where they are Wardens of a Chantry, thus:
R The King to the Sheriffs of London, greeting: If the Dean and Chapter of the
Church of Saint Paul, London, Guardians of the Chantry at the Altar of the
bleffed Mary in the Church of Saint Paul, London, ordained for the Soul of
Richard D. Ihall make you fecure, &c. then fummon, &c. of the Neighbourhood I 50.
of the City of London, that they be before our 7uftices at Weftminfter fuch a
Day, &c. whether twenty Shillings Rent, with the Appurtenances in the Suburbs
of London, be Frankalmoign belonging to the Chantiy of them the faid Guardians
at the Altar aforefaid, or the Lay Fee of, &c. and in the mean time let them
view the fenements whereof the Rent ifueth, &c. Witnefs, &c.
A Where a Parfon alieneth the Right of his Church with Warranty, and af-
terwards the Alienee is impleaded, and voucheth the Parfon, who entereth 40 Ed. 3. 27.
into the Warranty, and lofeth by A6tion tried, his Succeffors fhall have a 7u- 22H 4. z.
ris utrum of the Seifin of his Predeceffor, which he had before the Alienation. I 'H.re 13.
B And a Vicar fhall have a 7uris utrum againft the Parfon for the Glebe of his ii Ed. 3. Ju-
C Vicarage, which is Parcel of the fame Church. (b) If a Parfon receive Rent ris utrum 9.
or Fealty of the Tenant of the Land, which is aliened by his Predeceffor, he 7 Eliz. Dyer
fhall not, during his Life, have a furis utrum ; but his Succeffors fhall have 2 39 240.
Juris utrum. B.Accept. 14.
D If a Writ of Right be brought againft a Parfon, who joineth the Mife 2 Ed. 6.
without praying in Aid of the Patron and Ordinary, and afterwards lofeth by B.Accept. z.
Default, his Succeffor fhall have 7uris utrum. Otherwife it is if he lofeth the
Land by Verdi&t, as it feemeth.
I If a Parfon hav a Chapel annexed to his Parfonage, to which Chapel Glebe
is appurtenant, the Parfon ihall have 7uris utrum of the fame.
F A Recovery in a Cefavit againft a Parfon by Default fhall not bar his Suc-
ceffor, but he muft have a Juris utrum againft him who recovered.

.() See the like Clante, Rot. 26Ed.i. H Io. (b) See 8 H. 5. IO. 2 H 4. 5. 3z H. 8.
darjb, Ecclfia de ly, mirfpetan' ad Prebendariam Acceptance 14. Contra of a Lfeee for Years.
i Greadale U Worhd1 ,/ Diacej ExEon. See Co. z z H. 4. 25. See alfo 8 Ed. 3. 29. ante
Li&, I8. a. 49. .
 1 Id Confultation.
If a Chaplain of a Chantry ? fe the Lands of his Chantry by an Aifei of G
Novel Defeifin, yet he himfelf thall have a 7uris strum, becaufe that is a
Writ of Right ; and the Writ is to inquire, W1hether it be Free I;hns of the
Chantry or Lay Fee, &c. H. R. 2.
iEd. i. Quod The Parfon or Vicar fhall have a Zod permittal in the Debet only, of his H
pelmittat 9. own Seifin or of the Seifin of his Predeceffor; and may have that Qyed per-
32 Ed. I. mitat in the Nature of an Affife of Aoridauncefter, upon the dying feifed of
Comment.2 4. his FredeceiTor.
In a Yuris utruce, the Plaintiff ought to be named Parfon or Vicar, or fuch I
Name in Right of which Name he bfingeth his A&ion: For if Abbot or Bi-
thop, or a Dean, bring a Juris utrum, by reafon of any Land which is Parcel
of the Re6tory annexed to the Bifhoprick, or appropriated unto the Abbey or
Deanry, they ought to be named Parfons of the Church in the Writ.
In a Juris utrum, if the Tenant at the firft Day do make Default, Refun- K
mons fhall be awarded ; and if he make (a) Default again at the Summons
returned,. then the Jury fhall be taken. (b) And the Tenant fhall plead in a L
juris u/rum, as the Tenant fhall plead in Affife of Novel Diffen, fcil. two or
three Dilatories to the Writ; and if it be not found, then to pray the Jury to
inquire of the Points of the Writ (c).
And where the 7uris utrum is brought againft feveral Tenants by feveral M
Summons in the Writ, it may be taken againft one only for that Parcel, and
afterwards againft the others. But it is otherwife in an Aflife of NovelDefeyiin,
if it be not in fpecial Cafes.

Wit of Confultation.
Nee Prohibi-
tion.
I Iunto
F the Bifhop cite any of the Parifhioners of the Church to be contributory N
the Reparations of the Parifh Church, (d) or of any Chapel annexed
See the Stat.
De circum- thereunto, if the Party who fueth the- Prohibition direaed unto the Bifhop,
rfpae agatis, fuppofe tht he ia impleaded of a Lay Fee in the Spiritual- Court, the Bifhop
13 Ed. j. Ihall have a Confultation upon the Matter thewed in the Chancery, on the
tafial, Pro- Part of the Bifhop.
hibition 3
And fo if a Man obtain any Judgment or Sentence in the Spiritual Court 0
37 .6. 9.
A Ihton. for a Legacy of Money, or other Chattels, if the Executors will fue a Prohi-
bition for to delay the Execution of the Judgment,. the Party ihall have a
Confultad cn.
And if any Chaplain of the King's free Chapels keepeth any Concubine, F
then the Bifrhop may cite him before hin for to punifh him: And if the
Chaplain purchafe a Prohibition, becaufe the King's free Chapels ought not,

(a) And therefore he ihall not bze effoined' at B. by feveral Summons, nothing was done againft
the Refunmons. ai Ed. 3. Efoin 4. A. but the jury was taken againft B. only, and
(b) See i Ed. 3. furisatrumu 2. 4 oEd 3. 29. found for the Demandant; but Stone would not
(c) See 17 Ed. 3. 48. accordant, per 1Thirn. give Judgment.
Sac 11e there, in a 7uris utrum againft A. and (d) See the Regiffer 44. accordant.
to
 Conifitation. 117
to be vitlted by the Bilhop ; yet upon the Matter fhewed the Bifhop fhall
have a Confultation to proceed to correft him by Pain corporal, and not pe-
cuniary.
Q, If a Prior and Convent fue in the Spiritual Court,- for Tithes and Mortuary,
:i Parfon of the Church of C. and an Abbot cometh into the Chancery, and
formifeth that 7. holdeth the Church of his Patronage, and that the Prior, &t.
claimeth the third Part of the Church of his own Advowfon and Patronage,
and prayeth an Indicavit, and the fame is granted; now the Prior, &c. may
fhew this Matter in the Chancery, and have a Confultation, becaufe that in
the Statute of Articuli Cleri it is contained, that in Difmes and Mortuaries, See Articuli
when under thefe Names they are propofed, there is no Room for our Pro- Cleri, cap. 1v
hibition.
R If a Prior fueth in the Spiritual Court for the Moiety of the Tithes of fout
Plough-Lands, which he claimeth as appertaining unto the Church of N.
whereof he is a Parfon imparfonee, which are not of the Value of the fourth
Part of the Church, if the other purchafeth an Indicavit, furmifing that they
are of the Value of the fourth Part; he who is fued in the Spiritual Court
fhall have a Confultation to-proceed, So that nothing be done touching the Ad-
vowfon of any Part of the Church, the faid Prohibitionnotwithftanding.
S If a Man promife unto another with his Daughter in Marriage ten Poundsi V. ant.44.A.
by reafon whereof the Party marrieth his Daughter, if he who promifeth the '4 Ed. 4. 6.
Money will not pay the Money, he fhall be fued for the fame in the Spiritual Ed. 4. 6-
Court ; and if he purchafe a Prohibition, the other fhall have a Confultation: od. 3.
And if he who promifeth the Money dieth, yet the Husband who married his t 51, 1
Daughter may fue the Executors for that Money, or the Executor of his Exe-
cutors, in the Spiritual Court.
A And if any of the Parifhioners do difturb any Parfon or Vicar to carry his
Tithes by the ufial Ways and Paffages, the Parfon may fue in the Spiritual
Court for this Difturbance; and if the other fue a Prohibition, upon the Matter
thewed he fhall have a Confultation.
B If a Parfon or Vicar have a Pcnfion out of another Church, and the Peni Penfion,
non is kept- from them, and another Parfon taketh and claimeth the fame; See the mit
the Parfon or Vicar who ought to have the Penfion may fue for the fame in 34H C'
the Spiritual Court. And fo if a Parfon or Vicar, or Mafter of an Hofpital,
fue for a Penfion in the Spiritual Court, which they and their Predeceffor
have had Time out of Mind, &c. if the other Party purchafe a Prohibition,
upon the Matter ihewed he fhall have a Confultation: And yet it feemeth,
that upon the Prefcription he may maintain a Writ of Annuity at the Com-
mon Law, but the fame is in his Eleation. (a) But if he once fue a Writ of
Annuity at the Common Law for the fame, and declare there upon the Pre-
icription, then he fhall not afterwards fue in the Spiritual Court for that An-

(a) See 2 IV, 491. That it is only fwible at inclined. Paf 23 Car. 2. B. R. and yet in P,.
Common Law, yet in Levivz'j Reports 6z and 15 Car. 2. B. R. Windbam cited a Cafe, ie
1 3. it is faid by Tugiflen Juftice, that the Gar. x. in B. R. where Coke held the Law to ber
Paintiff hath his E le&ion, to which the Court contrary, and Fitz. Opinion denied.
$ iiu.t I
I nuity
 II8 Confultation.
nuity in the Name of a Penflon; and if he do, it feemeth the Party may
have a Prohibition againft him.
38 H. 6. i9. And a Parfon may fue in the Spiritual Court a Spoliation againft another L
for taking of his Tithes, or for taking of any Penfion which doth appertain
to his Church, although they claim by feveral Patrons, and of their feveral
Prefentments: But this is intended only where the Tithes and Profits takcn
Vide 36. A. and fpoiled do not amount unto the fourth Part of the Value of the Church;
for if they claim by feveral Patrons, and the Tithes, Profits or Penfions
amount unto the fourth Part of the Church, then the Party grieved thall
have an Indicavit, becaufe the Title of the Patronage doth come in Debate,
is H. 6. i9. &c. But if they claim by one and the fame Patron, and of his Prefentment,
For where the then one Parfon fhall have a Spoliation in the Spiritual Court againft the
Title of the other, although the Profits do amount unto a fourth Part, or a
third Part
Patronage is
in Quetion, or the Moiety of the Church, becaufe the Title of the Patronage comes not
there is no in Debate; and if a Prohibition be fued thereupon, the Party thall have Con-
Spoliation. fultation.
If a Man have his Sheep lying and feeding for one Year in a Parifh, the D
Parfon of the Parifh may fue in the Spiritual Court for Tithe of Wool of
thofe Sheep ; and if the Party fue a Prohibition, he fhall have a Conful-
tation.
And note, That Confultation thall be granted and dire&ed to the Party E
himfelf who fued in the Spiritual Court, that he do not proceed in his Suit
there; and alfo he may have a Confultation dire6ted unto the Judge, com-
manding him to proceed there, notwithftanding the Prohibition aforefaid.
And the Parfon may fue the Executors of his Predeceffor in the Spiritual F
Court for the Dilapidations, and for that Sum of Money which is found by
the Inqueft charged by the Bifhop or Ordinary, that the Dilapidations do
amount unto, to pay the fame: And if the Executors fue a Prohibition, the
Party who fued in the Spiritual Court thall have a Confultation direated to the
fame, &c. to proceed ; and another Confultation direted to him to fue as
before.
And if a Man doth detain his Tithes for his Sheep, which are in the Pa- G
rifh, and there feeding for Half a Year, if he die, the Parfon may fue his
Executors for thefe Tithes in the Spiritual Court, and thall have a Confulta-
Precfription. tion, if the Executors fue a Prohibition. And the Parfon by Prefcription
may claim the Tithe of Calves and Kine, and Milk of Cattel feeding in the
Parifh from the Feaft of the Holy Trinity unto the Feaft of Saint Peter,
which is faid ad fJincula ; And the fithes of Wool forth coming of the Sheep of
his Parijhioners, killed and dying from the Feaft of Saint Michael to the Feaft of
the Pafover, every Year ; and the Tithes of Honey and Wax forth coming of the
Bees and Bee-hives within the Limits of his Parih; and may fue for them in
the Spiritual Court, afid thall have a Confultation, if he be difturbed by Pro-
hibition.
And a Man may fue in the Spiritual Court for a Legacy: Where a Man H
devifeth FabriceEccefi twenty Shillings, &c. the Parfon may foe the Exe-
cutors for the fame in the Spiritual Court, &c. and may fue the Executors in
the
 Conifdtatiom. fig
the Spiritual Court for the Tithes of Mills due by the Teftator in his Life-
time. And fo a Vicar may fue in the Spiritual Court for the Tithe of Beans
and Oats, arifing within certain Limits within his Parifh. And fo he may
fue for Tithes of Pannageforth coming of his Wood, and for Foals forth coming
of his Stud or Breed of Horfes, and for Butter, Cbeefe, and Meats made of Milk
in Winter-time. But it feemeth the fame ought to be by Prefcription. And
it was agreed before the King's Council in the Parliament holden at Sali/bury,
That Confultations ought to be for Tithes of Wood ufed to be cut, notwithjanding
fach Tithes are not yearly renewed.
(a) A Man may fue in the Spiritual Court, where another Man doth de- 27 H. 8. 13.
fame him as a Falfifier, an Adulterer, or an Ufurer, &c. See Poft. 53. F.
K And a Parfon, or other Prieft, may fue in the Spiritual Court for laying 12 H. 7. 2-
violent Hands upon him, &c. to have him (b) Excommenge, or to have cor- per Conflable.
poral Punifhiment, but not to have Amends there. ii H. 4. 88.
L Where a Prior fueth a Parfon in the Spiritual Court for two Portions of I 5 *
Tithes forth coming of the Demefnes of F. whereof the Parfon hath fpoiled
the faid Prior, for which the Parfon purchafeth an Indicavit in the Chancery,
furmifing that the Tithes do amount unto the fourth Part of the Value of
his Church, and that the King is Patron thereof,. by reafon of the Wardihip
of an Infant in the King's Hands, by reafon whereof the Prior cometh into
the Chancery, and fheweth there that the Tithes do not amount unto the
fourth Part of the Value of the Church, and hath a Writ direfted unto the
Bilhop to certify the King into the Chancery the Value of the Church which
the Parfon holdeth, and the Value of the Tithes demanded by the Prior: If
the Bifhop by his Letters certify for the Prior, then the Prior fhall have a
Confultation. And fo it feemeth by this Writ, that where an Indicavit is
fued, &c. the King fhall be certified by the Bifhop's Letters upon a Writ
direaed to the Bifhop what is the Value of the Church, and alfo what is the
Value of the Tithes demanded in the Spiritual Court, before a Confultation
Ihall be granted: And it feems to be a good Rule, and a good Order, fo
as no Party fhall be deceived: And this Certificate of the Bifhop Ihall bind
the Party to fay or aver any Thing againft it. But a Confultation thall be 'i H. 4. 4.
granted upon the Certificate returned, &c. butof notwithftanding that, if it be So if the Bi-
th heChuch,
Prty ay fe a rit certify
unto the fourth Part of the Value of the Church, the Party may fue a Writ tJ. S. is
of Right of Tithes, &c. utlage, or in
Prifon at the
Time of the Utlagary, 15 Ed. 3. Utlagary 2. Brev. Efloppel 21xz

(a) Note; The Offence in this Cafe ought to Where the Defendant in Attachment on a Prohi;.
be merely Spiritual. zz Ed- 4. io. z Ed. 4. bition pleads that he wasa Clerk and had Ton-
10. fure, and that the Plaintiff beat him, and that ha
(b) See accordant 7 H. 4. T. Si non de Vio- the Defendant fued in Court Cbriifan, only to
lata pace sofra, fed de Excommunicatione nofira inform the Court, that the Plaintiff had oiended
ad corredionem anime tantummodo agatur. Regi- againft Holy Church, without fuing in any
/19r 49- b. See i i H. +. 8a8. a. per Thirhuingr other Maagnci

if
 I0 Confultation.
.f a Bifhop make an Order, That the Parfon of fuch a Church fl'1ll yearly A
,ay unto the Abbot of B. and his Succeffors two Parts of the Profits of the
Church in the Name of a yearly Penflion, and that the Parfon, before he
have Poffeflon of the Church, take an Oath fo to do, for which the Parfon
tieth in the Court of Rome, and obtaineth a Dclcgacy direaed unto the Bi-
liop and his Officers, to repeal the Order, &c. Now if the Abbot fueth a
Prohibition upon -this Matter, the Parfon fball have a Confultation.
If a Lay-man will not make his Offerings at Days limited to the Parifhi- I
oners to offer, or will not confefs himfelf unto his Curate, -or receive the
Sacrament of our Lord Jefus Chrift of his Curate, by reafon whereof the
Curate citeth and fueth him in the Spiritual Court for the fame: If he pur-
chafe a Prohibition, .&c. upon fhewing the Matter a Confultation fhall be
granted.
cfor their If the Churchwardens of any Church have ufed Time out of Mind to re- C
t a ceive yearly of one of the Tenements of the Parith a Pound of Wax to maintain
Law, the Taper before the Crucifix in the Church, and he who is now Tenant of
I H. 4. i2. the Tenement refufeth to pay this Wax, &c. there the Churchwardens may
7 H. 6. 30. fue in the Spiritual Court for the fame: And if he obtain a Prohibition, Con-
12 H. 27- fultation fhall be granted.
H7. . If a Man be condemned in the Spiritual Court in a Caufe of Defamation, 1)
for which he appealeth unto the Court of Canterbury, &c. and there the Sen-
tence is confirmed, and the Party condemned in twenty Shillings for Cofts,
and the Caufe remitted unto the Judges before whom it was firit commen-
ced, by reafon whereof he who is condemned fueth a Prohibition , the other
Party thall have a Confultation. If a Parfon doth detain from the Parilhioners L
the Goods of the Church, and in his Will he enjoineth his Executors to de-
liver them unto the Parifhioners; the Parifhioners may fue the Executors in
the Spiritual Court for them; and if they fue a Prohibition, the Parifhioners
ihall have a Confultation; and this Confultation may be fued by any of the
ParifIhioners who will fue in the Spiritual Court. If the Bifhop or his Official F
cite any Man for laying violent Hands upon any Clerk, &c. if he fue a Pro-
see t. K hibition, the other may have a Confultation , Provided the SpiritualCourt aa
only touching corporal and not pecuniary Punijhment, &c.
If a Man in time of the Vacancy of a Parfonage or Vicarage will not pay G
his Tithes, and the Ordinary ex Officio cite him to pay them, &c. if he pur-
chafe a Prohibition, the other fhall have a Confultation granted unto him.
If an Abbot and Convent are bounden, by reafon of any Ordinance law- -1
fully made, to find four Chaplains to fing in fuch a Church or Chapel for the
Souls of fuch or fuch, and if they fail to find them, they bind thernfelves in
divers Pains and Cenfures ; and if they fail in all or in Part to find thefe
Chaplains, they have granted that the Dean of Sakfbury, or his Official, fhall
interdiat their Church, and fo hold it until they have fatisfied, &c. for which
the Dean or his Official, ex Officio, cite the Abbot and Convent to find the
_aid Chaplains, &c. if they fue a Prohibitior, the Dean or Official thall have
2 Confultation in that Cafe.

if
 Confulltation. I2 I
-Ifthe Ordinaries do forbid the Friars, that they thall not hear Confetfions,
nor they fhall not admit any one to be buried in their Church, and fue them
in the Spiritual Court for that Caufe; if the Friars purchafe a Prohibition,
the Ordinaries thall have a Confultation.
K If a Man fueth in the Spiritual Court for taking and detaining from him See ..
his Wife lawfully married unto him, if the other fue a Prohibition for the
fame, he fhall a Confultation, forafinuch as for Reftitution of his Wife only
he fued, &c. A nd yet he may have an Adion -t the Common Law, de
Uxore abdufla ce ' bonis Firi, or an Aaion of Trefpafs for taking the Wife,
as it feemeth.
L And a Parfon fhall fue for a Penflon of forty Shillings in the Spiritual
Court, whereof the Houfe hath been feifed Time out of Mind, and thall have
a Confultation tht-eupon, if a Prohibition be fued, &c.
M If a Man recover in the Spiritual Court in a Caufe of Defamation, Coffs, he
fhall fue there for th2 Cofts ; and if the other fue a Prohibition, he fhall have
a Confultation.
A And if a Man have corporal Punifhment in the Spiritual Court for a Caufe f 53.
of Defamation, or for laying of violent Hands upon a Clerk, &c. if the Party 1z H. 7 22.
will redeem his Penance, and promife to pay unto the Party a certain Sum
for ois Damages, &c. if after he will not pay the Money unto the Party, the
Party damnified may fue for the fame in the Spiritual Court; and if the other
Party purchafe a Prohibition, he fhall have a Confultation.
B If a Parfon for an Offence have Judgment to be deprived in the Spiri-
tual Court, and the Patron doth prefent another Parfon unto the Ordinary,
who fueth the firft Parfon in the Spiritual Court, becaufe he will not void
the Church, but defend himfelf by Appeals, or other Matters, &c. now if
the firft Parfon purchafe a Prohibition, the other may fue a Confultation ; or
without any Prohibition fued by the firft Parfon, the Parfon may fue a Writ
in the Chancery unto the Spiritual Judge, to proceed in the Spiritual Court
upon the Caufe of Deprivation and Difability.
C Upon a Legacy given to any Order of Friars, they may fue the Execu-
tors in the Spiritual Court for the fame. And if the Executors purchafe a
Prohibition, they may have a Confultation upon the Matter thewed, &c.
D If Friars, or other Perfons whatfoever, fue in the Spiritual Court for a
Legacy, and have Procefs againft others as Witneffes in that Caufe; if the
Witneffes will fue a Prohibition, furmifing that they are fued againft their
Wills ex Officio 7udicis, in the Spiritual Court, &c. yet he or they to whom
the Devife is made 1hall have, upon the Matter thewed, a Confulta-
tion.
And note, That the Juffices of the King's Bench may grant a Confultation
of Tithes as well as the Chancellor.
And when the Juftices grant a Confultation of Tithes of Spoliation, they
make the Libel indorfed in fuch Manner:

R Ihe
 121 Confultation.
TZ'e Lord th'e Kxg bath not Cognizance touching Spoliation of fithes, in the
F:cliaj!cail Curt, fora;nuch as it may not be litigated there touching the Right
cr Pa!rcnrge cr "he Ad, owfon of Tithes. And fo they give no Power by the
Indorfement ; and the Rule in the Regifter is by thofe Words.
Nota, that the Juffices faid, That Tithes fhall not be but of fuch Things E
which increafe from Year to Year, and that by the Manure of Man: But that
is againft the Decretals.
S And all the Juffices are againft a Confultation in a Caufe of Defamation, F
becaufk, it feems, he may have his Aaion at Common Law for the fame De-
ac. Br. Con- famation.
fitation 7. Alfo of Coals, or of Quarries, or the like, a Man fhall not pay Tithes, G
SteI Cro 4+6. nor of t Agiftment, becaufe that he payeth Tithes for the Cattle which feed in
Reginler 55 th Paftures.
Er AgIfI-es And alfo they fty, That properly a Confultation ought not to be granted, H
thismullmean but in Cafe where a Man cannot recover at the Common Law in the King's
of profitable Courts.
Cattle. Sir Si- And if the Bifhop cite a Man ex Officio for to appear before his Officers 1
ioon Degg for Fornication, &c. or fuch like Offences, and the Party defendeth himfelf
by Appeals, or fuch other Delays, and by fuing a Prohibition unto the Spi-
ritual Court, and afterwards he waves the Delays,, and fubmits himfelf to the
Judgment of the Spiritual Court, and they delay to proceed in thefe Caufes
for the Vexation and Delays, and the Suing of the Prohibition which the Party
had before ; then the Party fhall have a Writ dire&ed unto the Spiritual
Judges, that they do proceed in Cafe of Defamation to impofe canonical Pungh-
ment, and in Cafe of Submffzion, &c. Provided that whatever may any way
tend to the Derogation of our Royal Right, be in no wife attempted by you.
If the very Patron prefent an able Perfon to the Ordinary, and the Ordi- K
nary refufeth him, and afterwards a Difturber prefenteth unto the Ordinary
another Perfon unto the fame Church, and the Ordinary doth admit, inftitute
and indu& him, and afterwards the very Patron recovereth his Prefentment
againft the Difaurber; for which Caufe the Prefentee of the very Patron fueth
the Prefentee of the Difturber in the Spiritual Court, to avoid and remove
him; for which Caufe he fueth a Prohibition, &c. now the Prefentee of the
very Patron fhall have a Confultation unto the Spiritual Court to proceed
in that Cafe, &c. But firft the Record in the Common Pleas ought to be
certified into the Chancery of the Recovery, or of the Compolition there
made of the Title of the Prefentment, before the Confultation fhall be
granted.
If the Tenants or Poffeffors of any Lands or Tenements within any Parifh L
have ufed to-find a Chaplain to fay Divine Service in the Parifh Church, &c.
Time out of Mind, &c. and afterwards they withdraw, and will not find
fuch Chaplain,. &c. then the Parfon and Parifhioners fhall fue againft them in
the Spiritual Court, for to find fuch Chaplain in the Church: And if the Tb-
nants or Poffeffors of the Land fue a Prohibition, upon the Matter thewed in
Chancery, the Parfon and Parifhioners fhall have a Confultation to proceed,
and by fuch Words; We fignify to you, that you may lawfully proceed in that
Caufe
 Confultation.
Caufe as to the reducing the Chantry aforefaid to its originalState, &c. and that
you may a as to the impofing a due Punijhment, by reafon of fuch Subftraoion
from the faid Chaplain thereof, and may further do that which you jhall know to
idong to Ecclefia~fical 7uri/diflion ; our faid Prohibition, or any other to be di-
resed to you hereafter in the Caujp aforefaid, notwithflanding, &c.
And if it be after Time of Memory, viz. in the Time of R. i. and be- [ 5 ]
fore the Statute of Mortmain, the Parfon and Parifhioners fhall have fuch Suit
'or a Chantry, &c. And if a Parfon and Parifhioners fue one fuch Tenant
.Ad Poffeffor of the Lands to find fuch Chaplain, &c. and he fue an Inhibi-
tion from the Court of Canterbury, or appeal unto the Court of Canterbury,
or make fuch fubtil Delays in the Court of Canterbury; then the Parfon and
Parifhioners fhall have a fpecial Writ unto the Archbifhop and his Officers.
That you may proceed and all in the Caufe and Procefs devolved before you in the
Court of Canterbury, by virtue of the Appeal aforefaid, Jo far as relates to the
reducing the Chantry to its due State, the impoing and caufing to be impofed due
Punijhment, by occafion of fuch Subflraflion from the fame, and may caufe the
faid Sentence pronounced againft him, if rightly deduced, to remain in its full
Strength, and further do, &c. our /aid Prohibition notwithftanding.
A If a Man devife an Ox or a Cow unto the Church for Reparation thereof,
or for the Churchyard, and he who hath the Cow or the Ox will not deliver
the fame unto the Churchwardens; then the Ordinary ex Officio, or the
Churchwardens may cite him, and fue him for the detaining of the Cow or
Ox: And if the other Party fue a Prohibition, the Churchwardens fhall have
a fpecial Confultation: We fignify to you, that in the Caufe aforefaid as to the
Reftitution of the Legacy aforefaid to the faid Churchwardens in Form aforefaid,
and as to impofing on him canonical Puni/hment for detaining thereof, it may be
litigated before you, and you may lawfully proceed and further do that which to
the Ecclefiaftical Court, &c. our Prohibitionnotwithfanding. And if he will not
proceed upon that, they may fue an Attachment, &c.
B And in many Cafes a Man fhall have a fpecial Confultation. As, if a Par-
fon fue in the Spiritual Court for Tithes of great Trees which pafs the Age
of twenty Years, and makes his Libel by the Name of Silva cadua; now the
Party may thew in the King's Bench or in the Chancery, that the Trees were
great Trees above the Age of twenty Years; and upon this Surmife he fhall
have a fpecial Confultation to proceed, Jo that it be touching Silva cedua,
and not of other Trees which are paft twenty Years Growth, or the Age of
twenty Years. And fee the Statute for the fame, lnno 45 Ed. 3. ap. 31.
C If a Man have a Chapel within his Manor which is a donative Chantry, or
prefentable, and the Chaplain hath ufed to have the Tithes arifing of the De-
nefnes of the Manor Time out of Mind, &c. Now if a Parfon (in whofe
Parifh this Chapel is) fueth the Lord of the Manor, and alfo the Chaplain
in the Spiritual Court, for the Tithes of the fame Manor, they (hall have a
Prohibition, &c. becaufe the Advowfon of this Chapel may come unto the
King by Wardfhip or Efcheat, &c,. And then the Parfon within whofe Pa-
rifh this Manor and Chapel is, fhall have a fpecial Writ of Scirefacias againft
the Lord of the faid Manor, and alfo againft the Chaplain, returnable in the
R 2 Chancery
 T14 Breve de Vi Laica removenda.
See Plow 472. Chancery at a certain Day, if they can fay any Thing wherefore a Cbnfulta-
In \iolin's tion fhall not be grantcd, and the Writ of Prohibition revoked and repeal-
Plow, com- ed; and furdihr to do as the Court fhall award in that Cafe. And in the
mends this End of the Writ fhall be, And have you there the Names of thofe by whom you
Form of Scirefali give him No!.ce, &c. and this Writ, &c. Which Writ appearedl in the
fuc as; but Regifter in the End of the Writs of Significavit..
tlere is ano-
ther Form
u ed at this
Lay. Breve de Vi Laica removenda.
Old Na Br. HIS Writ de Vi Laica removenda lieth as well upon a Surmife made by D
33.cont. and T the Incumbent, or by him that is (a) grieved, &c. without any Certifi-
earwin hi cate thereof made in the Chancery by the Bifhop, as upon a Certificate thereof
made.in the Chancery by the Bifhop.
And when the Bifhop makes Certificate into the Chancery of the Force, E
then the Form of the Writ is fuch:
The King to the Sheriff of Lincolnfhire, greeting-: At the Requeft of the wor-
Ihipfud Father the Bihop of Lincoln we command you, that all Lay Force which
holds itfelf in the Church of I. of his Diocefe, to the diflurbing the faid Bijhop,
whereby he is lefs able to exercefe his fpiritual Office in that Church, you without
Delay do remove from thejame, &c. And he Ihall have an Alias and a Pluries,
and an Attachment againft the Sheriff, dire-ed unto the Coroners, if he do
not ferve or return the Writs.
And if the King do collate unto any Prebend of any Bifhop come to him F
by Title, and the Bifhop make Refiftance, that the King's Prefentee cannot
have the corporal Poffeflon thereof; then the Writ fhall be direfted unto the
Sheriff, and fhall be fuch:
We command you, that all Lay or Armed Force which holds it/elf in the faid
Church, or in the Houfes thereto adjoining, to the diflurbing our Peace in your
County, you do without Delay remove from the fame, and if you /hall find any
Perfwns refifling in this Matter, tbat you attach them by their Bodies, and keep
them in fafe Cjilody in our Prifon, fo that you may have them before us on the
O8ave of Saint Hilary,, &c. wherefoever, &c. to anfwer us touching the Con-
tempt and Ref/lance above-mentioned: And have there the Names ofthofe whom
you hall have attached, and this Writ. And this Writ de Vi Laica removenda G
may be made returnable, or not returnable, at his Pleafure who will fue the
Writ; and it may be returned. into the Common Pleas as well as into the
King's Bench.

(a) If one has a Writ to the Bilhop, and a after the Execution of the Judgment. I2H.4.26.
Diflurbance of its Execution is made by the In- Not upon a Suggeftion. But upon a Suggeftion
cumbent, or any other, the Jutices of C. B. may of the Party grieved in the Chancery, he thall
grant Remedy. But not if the Diflurbance be have this Writ.

And,
 Writ of Wife. 115
H And note, That by this Writ the Sheriff ought not to remove the (a) In- [ 535
cUmbent who is in Poffeflion of the Church, whether the Poffeflion be of
Right or Wrong, but only for to remove the Force, and to fuffer the Incum-
bent for to enjoy the Poffeffion: And if the Sheriff do amove, or would put
out the Incumbent who is in Poffeflion, the Incumbent I1hall have a Writ di-
re6ted unto the Sheriff, commanding him that he do not put him out ; and
if he hath put him out, that without Delay he make him amends: And if
he do not fo do, the Party may have an Alias and Pluries, and Attachment
againft the Sheriff. And the Form of the Writ de Vi Laica removenda, with-
out the Certificate, is fuch:
A The King to the Sherif, greeting: We command you that all Lay Force, as
alfo armed Power, which holds itfelf in the Prebend of E. in the Church of C.
to the difturbing our Peace, you do without Delay remove from the fame: And if
you Ihall find any Perfons refifting you in this Matter, then having taken with you
a fufficient Power of your County, if it fiall be necefary, attach them by their Bo-
dies, &c. (as above).
B And the Form of the Certificate of the Bifhop is fuch:
To the moft excellent Prince and his Lord, the Lord Henry by the Grace of God,
&c. W. by divine Permffion Archbe/hop of York, Primate of England, fendeth
greeting in Him by whom Kings do reign and all Things fubfift: We make known
to your Royal Highnefs by thefe Prefents, that certain Perfons unmindful of their
Safety do hinder and difturb the Pofefion of Mafter I. in the Church of C. of our
Diocefe, canonically conferred upon him, which A. Jome time kept occupied to the
Prejudice of our Office and of Ecclefiaftical Liberty, and of the Right of the afore-
faid I. Therefore we humbly befeech your Excellency witb your wonted Grace to
fretch forth the Arm of your Royal Authority, to the End that this Force and
Power may be abfolusely removed, that the Rebellion of the Enemies of Chrift be-
ing thus Jupprefed by your Aid, Ecclefiaftical Liberty may remain fafe and unhurt
under the Shield of your Defence, and you may therefore obtain from God a worthy
Recompence, who, may He long preferve you to his Church and People! Dated;
at B. the fourth of the Calends, &c.

Writ of Wajie.
C HE Form of the Writ of Wafte againfi Tenant in Dower doth vary from
1 the Form againift other Tenants; for the Writ of Wafte againft Tenant,
in Dower is fuch:
The King to the Sheriff, &c. If A. jhall make you fe cure, &c. then fammon by:
good Summoners B. (b) who was the Wife of C. that fIe be before our 7ufices at
Weftminfter in fifleen Days of the Holy Trinity, to ,hew wherefore fhe hath com-
mitted Wafe, Sale, Deflruicn (c) and Banitfhment of the Lands, Houfes, Woods,
(a) And if he remove him, the Court of her proper Name, fee 32 Ed- 3. Brief 265.
King's Bench thall award his Reftitution, ahho' 31 Ed. 3. Brief 326.
It appears the Ircomb.a.,it had no Title. M 43 & (c) .(Zaare fecit valm & deirdlionem in
44 Eiz Alfat er Batchellor. Terris & Hominibwu, adjudged good, without
(b) Where the Writ thall be againft her by faying Eiliuim. 2 H. 6. 11i
Gardens,
 Writ of Waje.
Gardens, and Men, which jhe holds in Dower of the Ikheritance of the aforefaid
A. in N. to the Difherifon, &c. And in that Writ he doth not rehearfe the
Statute which gave the Writ of Wafte, (a) nor the Writ of Waffe againft the
Guardian, becaufe they were punifhable at the Common Law, before the Sta-
tute, by Prohibition and Attachment thereupon, if they did Wafte. And
Exilium in hominibus fhall not be put in the Writ of Waite, if the Tenant in
Dower, or other Tenant, do not mifufe the Villains of the Manor, by reafoni
whereof they depart from the Manor, or from their Tenures; and if they do,
then it is Wafte. And in a Writ of Wafte againk Tenant for Life or Years,
he thall recite the Statute in fuch Form:
The King to the Sheriff, &c. Jf A. ]hall make you fecure, &c. then fummon, &c.
B. &c. Wherefore, feing that it is provided by the Common Council of our Realm
of England, that it fhall not be lawful for any Perfon to commit Wafe, Sale or
Deflrutlion of Lands, Houfes, Woods or Gardens; the fame B. hath committed
IWaIe, &c. of the Lands, Houfes and Gardens in L. which (b) the aforefaid A.
demifed to him, &c.
2 9 Ed. 3. 15. And if an Abbot bring a Writ of Walte againft Tenant in Dower, the D
Et 3 Ma. Writ thall be, 7'o fhew wherefore he hath committed Wafe of the Lands, &c.
Dyer ip.
which he holds in Dowry of the Right of his Church, to the Diyherifon of his (c)

(a) Of Pleadings and Procef/ in Wafle.] The Writ. But if it be in the Tenuit, although the
Defendant pleads a Plea in Bar, which does not Sheriff on every Writ returns Nihil, ) et a Writ
acknowledge the Waite, as a Grant to hold to inquire of the Waite fhall iffue. i£ H. 6. 4. a-
without Impeachment of Waite, &c. if there be 12H.4-4.a. and 21 H.6. 5 6.
a Demurrer thereto, and it is ruled againit him, In Waile by Darrel againit Leyburn, Judg-
yet the Sheriff ought to enquire of the Waite and ment was on a Niil dicit. Now if the Plaintiff
Damages; per Thorpe: And therefore he may will releafe the Damages, he (ball haveJudgment
after the Demurrer traverfe the Point of the for the Place wafted. Qua're; For a Writ thaIl
Writ, and plead no Waite done. 38 Ed 3- 24. iffue to inquire of the Damages, but not of the
a. b. The Plaintiff in Maintenance of his Writ, Wafte, for that is acknowledged. And by the
tenders an Averment, that the Tenant refufes, fame Cafe, the Sheriff need not find Deer on the
this is peremptory againit the Tenant. 6 H 4. Place waited. Dyer 204.
5. a. b. In Waite againft two, one makes De- Note; In Waite in Domibus, .Bfcis, &c. the
fault, and the other appears, who thereupon is Plaintiff may abridge the Waite affigned, fo that
puttoanfwer. 4 Ed. 3 - 3 3 . 3 9 Ed- 3. 19. 1zH. he do not falfify his Writ; and thezefore he can-
4. 5. h. Qere, If a Writ of Inquiry thall be not abridge the whole Waite fuppofed in Domi-
awarded ? If Nibil be returned on the Summons, bus. Dyer 27z. b.
Attachment and Diftrefs, and the Tenant makes On a Writ of Inquiry of Waite on Judgment
Default, the Waite thall be inquired. 12 H. 4. by Default, the jury may find no Walte done.
4. a H. 6. 56. Where the Writ of Inquiry is 19 Ed. 3. Wafe 30. 3 H. 6. 296. per Mariyn.
of a Waite in two Vills, the Jurors ought to (b) Note; If A. and B. Jointenants, or Parce.
view both the one and the other; but it is fuffi- ners, make a Leafe for Life or Years, and A dies
cient, though the Inquiry be taken at any other without Iffue, B. may have Waite againift the
Place. 1z H 4. 9. b. In Waite againit two, one Leffee, fuppoling that he himfelf had leafed the
makes Default at the grand Diftrefs, the other Eftate. 46 Ed 3- 17. a- 35 H. 6. 39. a. per
appears; a Writ of Inquiry fliall not be granted, Pr!/ot. But if Walte be brought, fuppoling that
for one cannot anfwer without the other. a4 H. A. and B. leafed to the Defendant for Life, Re.
4- 37. See the contrary to this, fupra. mainder to the Plaintiff: It feems a good Plea,
Noe; In Waite in the Tenet, the Summons that A. leafed it fole, ab/pue hor, that .d. and B.
(hall be in Terra petila, although in Truth ano- leafed it. 6 H. 4. 5.
ther Perfon is Tenant; as if one does Waite, (c) Ad Exharedationem Epyopi vel Ecclef.
and afterwards grants over his Eflate, and 2 Mar. Dyer i29,
upon the Difitrefs Iffues thall be returned on this
Church,
 Writ of Wafle. I27
Church, &c. And Ihall not fay, Of the Inheritance of him the Abbot, nor to
the Diherifon of him the Abbot, &c. But if the Heir bring a Writ of Wafte
againft the Tenant for Life of his Anceffors, then the Writ fhall fuppofe that
the Tenant holdeth of the Inheritance, &c. and that the Wafte is done to his
Dijberifon, &c. and that they have made Wafte of Lands they hold in Dower
of the Wif,, yet the Hufband doth not hold in Dower.
E (a) And the Writ of Wafte fhall be always brought againft the Tenant in
Dower or Tenant by the Curtely, although they have granted over their Eftates
unto others.
F If the Hufband make a Feoffhment of his Land, or a Stranger doth abate
after the Death of the Hufband, or diffeifeth the Hufband in his Life-time,
and afterwards the Wife recovereth her Dower againft the Stranger, &c. if he
bring a Writ of Waite againft the Wife, the Writ fhall make mention of the
Recovery, &c. how the recovered the Land againift him.
G If a Feme hold in Dower of the King who bath the Reverfion, and the 20 H. 6. 28.,
King granteth the Reverfion in Fee unto a Stranger, and afterwards the Feme
committeth Wafte; now the Grantee fhall have a Writ of Wafte, and the
Writ fhall make mention how he holdeth of the King, and how he bath
granted the Reverfion unto a Stranger, &c. and that the who held in Dower
of the Stranger of the King's Grant bath committed Wafte, &c. So if the
Hufband dieth, and the Heir maketh a Feoffment unto a Stranger in Fee,,
who affigneth Dower unto the Wife, and the commits Wafte; the Writ fhalt
make mention that the held in Dower of the Gift of her Hulband by the
(b) Affignment of a Stranger, of whom the aforefaid Feme held in Dower of 3 & 4 Eli,
the Aflignment which the Heir of the Hufband bath made to the faid Stran- Dyer 2o6,
ger, to the Dijherifon of him who bringeth the Writ. The Form of the Writ 2"8.
of Wafte, where the Wife is endowed ex Ajfenfu Patris, is fuch:

(a) Nte 30 Ed. z. 16. Tenant in Dower of his Heritage, 26 Ed. 3- 76. and yet he may
giants her Eftate to the Heir under Age, and a have a Writ making Mention of the Recovery -
btranger, rendring Rent on Condition of Re- but fuich Writ thall fuppofe that the held of his
entry for Non-payment. Wafle is made, the Heritage; and it feems good, as well as in Cafe
Heir difagrees, the Tenant in Dower re-enters of a Feoffee, or where the Diffeifor of the Huf-
for Non-payment, the Heir brings Wafte. If band affigns Dower. 38 Ed. 3. 23. 14 Ed. 3.
the Heir at the Time of, or during the Wafte Brief 273, 28 2. *videinfra G.
done, took any of the Profits, &c, the Wafle is (b) If A. makes a Leafe to B. to commence at
not punifhable. But if the Heir never took any a Day to come, and then A. enfeoffs C. and C.
of the Profits, Walte lies againft the Tenant in enfeoffs D. before the faid Day; and afterwards
Dower after the Difagreement. See 38 Ed. 3. B. enters and does Walte, the Writ thall be in
25, 29. erris quas tenet ad Terminum annorum de prefat'
The Hufband levies a Fine, and takes back an D. ex affignalione C. de quo idem B. tenuit ad run-
Eflate for Life, Remainder to his Son in Tail, dem Terminum ex ofignatione A. &r. although
and dies; the Son endows his Mother, who af- there was no Tenure before the Term com-
figns over her Eftate; the Son brings Wale menced. Dyer zo6. Darrelver. Leybourn. And
againft her, as Tenant in Dower ; and adjudged fo it is if the Leffor enters on the Leffee and
that it lies; but it feems alfo, that he hali have makvs Livery, &c. 5 H. 5. 1a.
a general Writ, fuppoing that the held in Dower
 Writ of /ifle.
5. ] h~e K'ng, &c. If S. &c. then fum;2on, &c. who wai the Vfe of R. t'ut
f[c be, &c. tofjhew w~y fje hath co;nmitted Wafe, &c. which fe holds in Dower
cf the Gift of the aforefrid R. fome time her Huftand, with the Aflent of A. of
B. Father of the aforefaid R. of the Af gnment of the fawe A. to the Dif/erijon
of the faid S. &c. And if the Wife do recover her Dower agpinft the Father,
then the Writ of Waile fhall make mention of the Recovery thus: And which
the fame Ifabel, in our Court before our uflices of the Bench, by Confideration of
the fame Court hath recovered as her Dower agairfi the aforefaid A. to the Dif-
herifon of him the faid S. &c. And the Writ may be of Mills and Vivaries;
and then the Writ fhall be, To Ihew wherefore he bath committed Wafte in the
Lands, Houfes, Mills, Woods, Vivaries and Gardens.
And if a Guardian in Chivalry grant over his Eftate, who maketh Wafte, A
the Writ of Wafte fhall be brought againft the Grantee, and not againft the
Guardian; and it is not like Tenant in Dower or by the Curtefy (a): But if
the Guardian do commit Wafte, and afterwards granteth over his Eftate, then
40 Ed. 3. 33. the Heir (hall have an A16ion of Wafte againft the Guardian, and not againft
Finchden. the Grantee. And fo if Tenant for Life or Years commit Waite, and grant-
41 Ed. 3. 23. eth over his Eftate, the Writ lieth againift him who doth the Waite, and not
.Candiffi.
42 Ed. 3. 9.againift his Grantee. And the Form of the Writ againft the Guardian is fuch:
per Curiam. The King, &c. If A. fhall make, &c. then fummon, &c. wherefore he bath com-
2 4 H.8. 14. mitted, &c. which he bath or had in his Wardhip, of the Inheritance, &c. to
so. ac. the Dijherifon, &c.
And againft the Executors of the Guardian the Writ is, Summon, &c. B. B
and C. (b) Executors of the Will of, &c. wherefore they have committed Wafje,
&c. which they have in Wardjhip after the Death of the aforejaid B. of the In-
heritance, &c. to the Diherifon, &c.
. In a Writ of Wafte againft Tenant by the Curtefy, the Form of the Writ C
by the Regifter is to recite the Statute; and yet it feemeth the Writ is good,
although that he doth not recite the Statute; and the Form of theWrit is fuch:
The King, &c. If A. hall make, &c. then fummon, &c. Wherefore, feeing it
is provided by the Common Council of our Realm of England, that it jhall not be
lawful for any Perfons to commit Wafie, Sale or Defirution of the Lands, Houfes,
Woods or Gardens demifed to them for !Perm of Life or of Years, or of thofe
which they hold by the Curtefy of England, the fame B. bath committed Wafte of
the Houfes which he holds by the Curtefy of England of the Inheritance of the
aforefaid A. in N. to the Di/herifon of him the faid A. and contrary to the Form
of the Provfion aforefaid, as it is faid: And have, &c.
And if the Heir grant the Reverflon of Tenant by the Curtefy unto another D
in Fee, and the Tenant attorn, &c. then the Form of the Writ is fuch:
(c) The King, &c. If the Abbot of B. &c. /hall make, &c. then fummon B. &c.
Wherefore, feeing that (as above) the fame B. bath committed Wafte, &c. of the

(a) See accordant 17 Ed 3. 13. 4 3Ed 3. 15, (1) Note;8 Ed. 3.3-7. Wafte agaifi theExe.
43 Ed 38. 30. 7 Ed 3. 13. fidontra 26 Ed cutorsofA where in Truth the Defendants were
3. Ia'?e o. 27 H. 6. 7, 81. Executors of B. who was the Executor of A. and
See the Statur- is iH. 6. Wafle 9. poR. So. C. the Defendants never adminigrcd in the Life of
40 Ed. 3 33. 42 Ed. 3. 23. 44 Ed. 3. 2'. B8. the Writ (hall abate.
,.8 Ed. 3. 19. I z H. 4. 4. (<) See the Writ adjudged good, 32 Ed. 3.
Brif 348.
Houfes
 Writ of Waflc. I1Z9
Houfrs in N which he haids for his Life of the af efpdd Abbot, which A. of
whom the /fid B. held item by the Curtefy of England, of the Inheritance of him
thZ:/aid A. afigned to Ibe ajorefaid Abbot, & c.
E (a) And if the Heir granteth the Reverfion unto another Stranger in Fee,
and the Tenant by the Cut tefy doth attorn, and afterwards granteth over his
Eftate by the Curtefy to another Stranger, and afterwards that Stranger com-
mitteth Wate ; now the Grantee of the Reverfion thall have his A.6ion of
Wafte againtt the Grantee of the Tenant by the Curtefy, for he cannot Le
Tenant by the Curtefy, if not of the Heir, &c.
F But if the Tenant by the Curtefy grant over his Eltate unto a Stranger,
and the Grantee commit Wafte, the Heir fhall have the A6tion againift the
Tenant by the Curtefy, and not againft the Grantee who- committeth the
Wafte. But if the Heir have obtained or granted the Reverfron in Fee, &c.
and after the Tenant by the Curtefy attorn, and after grants over his Eftate
unto a Stranger who comnitteth Wafte ; now the Grantee of the Reverfion
Ihall not have an A6tion of Wafte againft the Tenant by the Curtefy, (b) buc
againft the Grantee of the Tenant by the Curtefy. And if a Feme be Tenant ix H. 4. 18.
in Dower, and the grant her Eftate unto a Stranger, and after the Heir grant- 1o H. 4.
eth the Reverflon in Fee unto another, and the Tenant attorneth, and after Ttorn
TeAttorn-
the Tenant for Term of Life commits Waite; it feemeth that the Grantee in ment of Te-
Reverfion Thall have an Aftion of Wafte againft the Grantee of the Tenant nancinDower
in Dower, as he (hall have againft the Grantee of the Tenant by the Curtefv. is good.
The Form of the Writ of Wafte againft the Tenant for Life or Years is
fuch:
G The King, &c. If A. jhall make, &c. then fummon B. &c. eeing it is provided
by the Common Council, &c. in Lands, &c. demifed to them for Term of Life or
of 2ars ; the fame B. hath committed Wafle of the Lands, Houfes, Woods and
Gardens in L. which the aforefaid A. demifed to B. for the Life of him the faid
B. Or thus; Which F. the Father or Mother, or any other Anceftor of the afore-
'aid A. whofe Heir he is, demifed to the aforefaid B. for a Term of rears, &c.
to the Diherifon, &c. and contrary to the Provilion aforefaid, as it is faid: And
have, &c.
H And by the Statute of Marlebridge, cap. 23. it is ordered, That Farmers,&c. I Ed, 3
}hall not commit Wafte in Houfes, &c. or Bani/hment of the Men. By which Sta- e a
tute the Writ of Wafte de Exilio hominum is warranted, &c.
I In a Writ of Wafte, if the Prerniffes of the Writ recite, That it hall not be
lawful for any Perfon to commit Wafe in Houfes, Woods and Gardens; in the
End of the Writ it is faid, that the Defendant hath done Wafte in Lands,
Houfes, Woods, Gardens, and Exile of Men ; fo as there is more in the End
of the Writ than is in the Prerniffes, yet the Writ is good,: And fo if lefs
be in the End of the Writ than is recited in the Premiffes, yet the Writ iS
good. As if it be recited, That whereas it is provided, that it fhall not be
lawful for any Perfon to commit Wafje, &c. in Lands, Houfes, Woods and Gar-

(a) And the Diftrefs thall be in the Land for him againft the Wife: For the Plaintiff thall
leafed. 2 fl. 4., 4. 21 H. 6. 56. b. ult. not fuppofe in his Writ, that the held in Dower
(b) But if the Hufband's Feoffee endows the of him ex 41fignatione, but only that the held in
Wife, and the aflignm over her Eftate, Wake lies Dower of his Heritage. 38 Ed, 3, 23. adjudged.

S de'n'
130 Wr it of Wafle,
I 57. ] dens; and in the End it is recited, That the Defendant bath committed Wafte,
&c. in the Lands only, or in the Woods only, or in the loufes only ; yet the
Writ is good.
If an Abbot make a Leafe for Life or Years, and dieth, and the Leffee af- A
terwards committeth Wafte, the Writ fhall be fich: The King, &c. If the Ab-
bot, &c. then fummon B. &c. Wherefore, ft ing that it is provided by the Common
Council of, &c. the fame B. bath committed Wafte, &c. of the Houfes in L. which
the aforefaid Abbot, &c. (if the Abbot himfelf maketh the Leafe); and if his
Predeceffor made the Leafe, then thus: Which R. formerly Abbot, &c. the
Predecefor of the now Abbot, demifed to the aforefaid B. for the Life of him the
faid B. or for a Term of Tears, (if the Cafe be fo) &c. to the Dijherifon of the
Church of him the faid Abbot. And the like fhall be for a Prior or Mafter of
an Hofpital.
And againft the Executors the Writ hall be : Summon I. and K. Executors B
of the Will of L. that they be, &c. they the fame Executors have committed Wafe,
&c. of the Lands which the aforefaid A. demifed to the aforefaid L. for a Term
of Tears, &c.
And if a Man make a Leafe to a Feme Sole of Chafes, and he take Huf- C
band, and the Leffee dieth, and he and her (a) Hufband commit Wafte ; the
Writ for the Heir hall be thus:
The King, &c. If A. Jhall make, &c. then fummon B. and C. his Wife, that,
&c. Wherefore, feeing that, &c. they the fame B. and C. have committed Wafte,
&c. of the Fivaries in L. which they hold for the Life of her the faid C. of the
Demije which F. the Father of the aforefaid A. whofe Heir he is, made thereof to
the faid C. &c.
And another Writ for the Heir: Where Land is leafed to Hufband and
Wife and the Heir, and the Hufband dieth, and the Wife committeth Wafte,
the Writ fhall be: She the fame A. hath committed Wafe, &c. of the Houfes in
L. which Jhe holds for her Life of the Demife which W. made thereof to the fame
A. and the aforefaid B. fome time her Hujband, and to the Heirs of him the faid
B. Father of the aforefaid H. whofe Heir he is, &c.
And another Writ: When a Gift is made unto the Hufband and Wife, and
unto the Heirs of the Body of the Wife, and the Wife dieth, and the Hufband
committeth Wafte, the Heir mhall have a Writ of Wake, and the Writ thall be:
He the fame A. hath committed Wafte of the Houfes in B. which he holds for
his Life of the Demife which W. made thereof to the aforefaid A. and M. fome
time his Wife, and to the Heirs of the Body of her the faid M. Mother of the
aforefaid B. whofe Heir he is, faing, &c. contrary to the Form, &c.
And if a Man leafeth Lands for Term of Life, and hath three or four Si- D
fters, and dieth, and they make Partition of the Lands and of the Reverfion,

(a) See 16 E. 3. 68. b. And if the Father Eftate after the Walle comnitted. Rpt if a Fene
makes a Leae to the Feme for Life, and dies, Leffee pur auter vie takes a Hufband and com-
and the Son confirms it to her and her Hufband mits Wafte, and Cftzuy que vie dies, the Writ
for their Lives; yet Wate lies quod teneat ad ter- ihall be quas h Fem tenuit. Z-rre, if fhe makes
minum of their Lives, ex dimiffjone of the Son. a Leafe for Years; for in fuch Care after the
6 Ed. 3. 19. See 46 Ed. 3. z5. b. A Fene Feme's Death, Wafle does not lie againt the
Leffee for Life takes Hufband, Wafte thall be in Hufband in the Tenuit. to H. 6. xi.
the Vivo: as here, although they grant over their if he makes the Letafe for Years, f eadeh Lex.
and
 tirit of Wa/Ie. I3r
and the Tenant for Life committeth Wa c; that Sifter and her Hufband who
hath the Reverfion fhall have a Writ of Wafte, and the Writ fhall be:
The King, &c. If A. of B. and M. his Wife, Jhall make, &c. then fummon,
&c. F. Wherefore, feeing that by the Common Council, &c. the fame F. haih
committed Wajle, &c. of the Houfes, &c. in L. which he holds for his Life of
the Demife of S. of C. of the Purparty of her the faid M. allotted to her of the
Inheritance which was S.'s her Brother's, one of whofe HeirsJhe is, by Partition
thereof made between them the faid M. A. and B. the Sflers of the faid S. &c.
Or thus : Tbe fame F. hath committed Wafe of the Houfes in L. which he holds
for his Life of the aforefaid M. of the Demife of A. Father of the aforefaid M.
one of whofe HeirsJhe is, of the Purparty of the fame M. allotted to her of the
Inheritance of the aforefaidA. &c. And if Tenant for Term of Life grant over
his Eftate unto another, and tihe Grantee committeth Wafte, -he Writ fhall be:
E The King, &c. If B. jhall make, &c. then fummon A. &c. the fame A. hath
committed Wafte, &c. in the Houfes in N. which he holds for the Lfe of I. (a)
under a Demi/e which the fame I. to whom B. demifed them for the fame Term,
made thereof to the aforejaid A. &c. And if Tenant for Term of Life grant
over his Eftate, and the Grantee granteth over his Effate, then the Writ fhall
be thus:
The King, &c. If M. of R. Prebendary of the Prebend of F. in the Church of
the blejfed Peter of York, /hall make, &c. then fummon R. &c. Wherefore, fee-
ing that, &c. the fame R. hath committed Wafte, &c. of the Houpfs in L. which
he holds for the Term of the Life of A. who was the Wife of H. of N. of the
Demife of M. of 0. who held them for the fame Term of the Demife of them the
faid H. and A. to which fame A. and to M. of 0. her former Hujband, W. B.
fome time Prebendary of the Prebend aforefaid, Predecefor of the aforefaidPreben-
dary, demifed them for the Life of them the faid M. of 0. and A. to the Di/herifon
of him the faid Prebend R. and contrary to the Form of the Provi/ion aforefaid, &c.
F And by that it appeareth, that if a Prebendary or Parfon maketh a Leafe
for Term of Life, he or his Succeffor fhall have an A6tion of Waffe. If l o H. ..
leafeth Lands unto I. for Term of Life, and dieth, and L. Son and Heir of
the faid M. granteth the Reverfion unto H. in Fee, and H. granteth this Re-
verflon unto A. in Fee, and afterwards the Te.ant for Life committeth WNafle;
now the Writ of Wafte brought by A. fhall be fuch:
The King, &c. If A. &c. then fummon I. &c. Wherefore, &c. the fame I. hath
ccmmitted WaJe, &c. of the Houfes in L. which he holds for his Life of the afore-
jaid A. of the Afignment of H. of whom the fame I. held them for his Life, of the
A4fignment which L. Son and Heir of M. who demifed them to the aforefaid I. for
the fame Term, made thereof to the fame H. &c.
G If S. and K. his Wife, feifed in Fee, leafe the Land unto B. for Term of
Life, and afterwards S. dieth, and K. takes H. to Hufband, and K. granteth
the Reverflon unto A. in Fee, and afterwards B. attorneth, and committetdi
Wafte, and A. bringeth Wafte, the Writ fhall be:
The King, &c. If A. jhall make, &c. then fummon, &c. B. that he be, &c. th
fame B. hath committed Wafte, &c. of the Houfes in N. which he holds for his LiQ?
tf the aforefaid A. of the Af/ignment which H. and K, his Wije, ,wde thereof to

(a) See tx dimgione Leionii; verj l dgnationsm. to H. 6. 8

S the
I3 Writ of Wifle.
the faid A. which faid K. and S. herformcr Hebamd, d,;, fed than to th: afcrt-
faid B. for the fame flerin, &c. If N. leafeth Lands for Ye-rs unto 1. which , '1
maketh L his Executor, and dieth, and I. leafeth tle Lands unto R. and after-
wards N. granteth the Reverflon in Fee to P. and P. g anteth the Reverfion to
Al in Fee, and after R. Tenan.t for Life, cornmitteth Wafte ; the faid Al. flall
have a Writ of Wafte, and the Writ fhall be 'a):
5.
5B ] The King to the Sherif, &c. f M. fall makL, &c. thenfummon, &c. R. that
he be, &c. Wherefrcr, fleg that, &c. the R. hcth c< ittedWafe, &c. :n
Rose
the Houfes in L. w he
,2 -'Is /r a Term of Tears cf the Demife cf 1. Executcr
of the Will of F. to wI' N. dc;vi 'ed them for the fa ne Y'erm, the faid M. being
Afignee of P. of then; the ,fd R. held the;.'n for the fame Term, under an Af-
fgnment which thi ,:id N. t 7rf to the afcrJiid P. Uc.
;nade
F. leafed Lands unto E. anc' A. his Wife, and unto thc Hieirs of E. and af- A
terwards E. dicth, and B. his S'oi and Heir granteth the Reverfion unto C ia
Fee, and afterwards A. committth Wafte, the Wit Ihall be (b):
The King, &c. If C. jhtll aieke, &c. then. f;imon A. &c. Wherefore, feeing
that, &c. the fame A. hath ccwmitted Wel, &c. in the Houfes in B. which he
lholds for Ls Life of the aforefaid C. of the A./ignment which B. the Sin and Heir
of E. (to when and ;he aoreicidA. Jome time his Wife, F. deifed them, to hold
to them the faid E. and:..,;d" heirs of the finm' E.) made thereof to the
aforefaid C. &c.
(a) Note the Form of the Writ: Dilrain A. the Defendant, and 10 it is repugnant; fid non
to anfwver B. and C. hi, Jtry, bwisrepe
by the allocat'. For here he only conveys to himfelf a
Common Council, &c. the fame A. barb' committed Title to the Reverfion, and not adDemc/Ae; and
lWalle, Sale and Du/ u: z* to the D)re of the therefore this would be a good Exception in a
faid C. of te Lands, H:z e Wods and Gardens Formedon, but not here. Alfo by -- the
i! M. n.hidJ be bJsfor his L4e under a Deni' Writ is good, ahbogh thofe Words pof mortem
'which D. zuho holds the Tenements aloreJfaidof the had been omitted, and fo it is Surplufage.
the aforcfid B. and C. made thereof to the afore- Except. 3. For that it was c-veriidebeat to
faid A. and E. hi late Wfe, and the Heirs <f the the Huffband and Wife, where it thould have
Body of the faid E. ifluing, o that i/it happens been to the Wife only; fed non allocatar. For it
the faid E. hall da3e 'without Heirs of her Body il cannot revert to the Wife without reverting to
fuing, then the faid Tenements #Aallremain to F. the Hulhand : So in a Ctfavit or F-rinedon in re-
and his Heirs, and which, after the Death of the 'verter.
faid E. who died without Heir of her Body, and Except. 4. For that it fliould have been laid,
.which, after the Death of thefaid F. ought to re- as efcheated from the Wife, and not from the
,,-rt to the faid B. and C. as their Echeat, be. Hufband and Wife; /cd non allocatur per Cur'.
<aufe the faid F. 'was a Bajfard, and died Lvith- 3 H 6. 1, z.
out Heir of bimelf, &c. Yet note , The Writ ought to be ad exAre.
Exception t. That there was no Privity be- dationem of the Wife, or effe it fhall abate.
tween the Plaintiffs and Defendants, fo as to fay 8 11 6. 9. a. See for this 27 H. 8- 13. PYer 90.
in Ter is guee de iis tenet; fed non allcatur per I8 Ed- 3 . Fitz. Brief 83 5-
Cur': For that by the Efcheat of the Remainder (b) See a good Form of this Writ by the Af.
the Seigniory is extin61; and the like of a Te- fignee of a Reverfion againft the Affignee of a
nure determined. And if F. was to bring the Ter m, Dyer 2o. A.1 leares to B. for Years
Writ of Wafte, he ihall not fuppcde a Tenure, ar.i giants the Reverfion to C. who grants over
for that the Leffee for Life does not hold of him to D. and B. grants his Term to E. who com.
in Remainder, and a fortiori not of the Lord rrits Wafle in the Hwakej, &c. 'whtich he holds for
who has the fame Remainder by Eicheat; and a Term of ears of/te Demie f B. to qv'.nm A.
yet if he in Reverfion brings Vafle, he auft dtm'4ed den for the Jame 'Term, of th, aforefaid
fuppofe a Tenure. L. ct the Ani7'ment of C. of l m the fame B.
Except. z For that the Writ is &' qua 1f? /Idd for de fame Term, of the A)nment which
trortem E. & F. reverti debeant, where by the A. ma ' to im.
Writ he fuppofes a lawful State for Life in A. M.
 Writ of Wyle. I3
j M. leafeth Lands for Life unto C. and A. her Hufban d, and 4. dieth, and C.
taketh to i lubanl 7. of F. and T. and C. his ife kafe tle Lands unto P.
of H. who leafeth the Lands unto 7. and -,ftet wards M. granteth the Reverfion
unto R. (a) (b) in Fee, and 7. committeth Wafte, and R. bringeth a Writ of
Wafte; the Writ fhall be fuch:
The King, &c. If R. lhall make, &c. then fuwion J. &c. W'herefore, feeing
that, &c. the fame J. bath committed Wafje, & c. *i; e licah s or Lands which
he holds of the aforefaid R. for the Life of (. !h lii je of T. of F. under an 4f-
fignment thereof made to the faid R. by the fid N. of whom P. of H. (who de-
ifed them to the aforefaid J. for that Tcrmn) held them for the fame Term of the
Demife of the aforefaid T. and C. to which fame C. and A. her late Hufband, the
aforefaid M. demifed them for the Life of them the faid A. and C. &c.
(b) R. leafeth Lands unto Amice and 7. her Hufband, for Ter m of their
Lives, the Remainder to N. Daughter to:7. D. for Term of her Life, the Re-
mainder to the right Heirs of 7. D. and afterwards T. (right Heir of 7. D.)
granteth that Remainder unto B. of C. in Fee, and afterwards 7. (Hufband of
Amice) dieth, and the committeth Wafte; the Writ of Wafte fihall be fuch:
C The King, &c. If B. of C. &c. Jhall make, &c. then fuimnon, &c. A mice,
who was the Wife of, &c. Wherefore feeing that, &c. the fame A mice hath com-
mitted Wafe, &c. in the WFoods, &c. whichfe f i,-ds for vfr Lip cf 1"f,foieaid
B. of C. under an Afignment which T. the Co;fin ard Hei f J ID.madie ther/
to the faid B. of which T. the fame Amice hddu' thij [or the fawe mn? der I
Demife which R, made thereof io the aforfaidA. and J. her late Huj 'l, f'r the
Life of them the faid A. and J. fo that after the Death of the fame A. ad J the
aforefaid Woods Jhould further remain to N. the Daugh:er cf 7. D. fb ler @.!l
Life, and after the Death of the jid N. the fame IVuods fw.d re'mai to te right
Heirs of the aforefaid J. D. &c.
(b) And by this Writ it appeareth, th it he in the Reverflon Cd lave a Co. Lit 54
Writ of Wafte againft the Tenant for Life, where there is a mir ELee in Poll. . If
Remainder for Life to another.
D There is another Writ of Vafte in this Form:
The King, &c. If J. and C. fhall make, &c. then fimmon, &c. fabel, &.
Wherefore, &c. the fame Ifabel bath committed WI 7 afte, &c. -n c/l the Lands, ,.
which Je holds for her Life by a Fine thereof i'eTicd in our Court bj're '01, of C. and
his Companions our 7ufices of the Bench, by our Writ betwren the ai relaidJ. and
C. and R. of P. and which after the Death cf the aforefaid T. and Ilfbel oug e
to remain to the aforefaid J. and C. and to the Heirs of the Bodies of the uwe J.
and C. ijfuing by Form of the Fi::e aforefaid, & c.
E And if a Man leafeth Lands for Term of Life unto E. the Remainder to -L
for Life, and afterwards granteth the Reverfion in Iee to one B. Fath-r of R.
whofe Heir the faid B. is; and afterwards the fir2 Ternant for Life dieth, aind the
Tenant in Remainder entreth, and committeth Waite; now the Writ thall be,
The King, &c. If R. fhall moiake, -c the b. inmon, &c. J. of C. and M. his
Wife, &c. WJherefore, feeing that, &c. the fne J. and M. hav? comnittedlqlj
(a) Contra, if the Reverfion was granted for () See Fo: this 20 H.6. 36. That Wac does
Life, by Hilland Parning. ii Ed. Receir i18, not fie in fuch Cde, till after the Death or Sur-
yet Wafle was againft a Tenant for Years, living render of the rTarti.! ir rrese L!ie. See Co.
him in Remainder for Life. 27 Ed 3 87 59. a.
 134 Writ of Wfle.
&c. in th, Lands which t v hd of the afore/a'id R. for th: Life cf her the f: .d
M. of the .- iX wb
:,; J.Tchof C. (fwho dewrfed !he La i.- fre;a:d to J. of F.
for his w ib" L 8, pt that afrcr the Death of him the faid J. of E. the fame La;:d-s
f/ould remain to the be fore-rentioned M. to hold for her whole Life) thereof made
to B. the Father of the aforefaid R. whofe Heir he is, &c.
And there are other Forms of Writs in the Regiffer, which are not men- F
tioned here for the Length of them ; ide quare Librun.
3 H.6. s. And therc is anorb-r Form of Writ of Wafte for the Lord by Efcheat, G
.Nota. who hath the ReverfikE by Efcheat, &c.
21 Ed. 3. 3. (a) And there is a Writ of Wafte in the Regifter for him in the Reverfion F[
& 27.,contra. againt Tenant by Elegit, who hath Lands and Tenements in Execution for
16 Ed, 3. Debt or Damages. And fo againft Tenant by Elegit, who hath Lands in
Weft. i co .
contra. Execution by Recognizance of Debt: And alfo againft his Executor who hath
Lands in Execution by Elegit. And it feemeth to ifand with good Reafon,
that the Aaion doth lie.
But fome fay, that he againif whom the Execution is fued, fhall not have
an Adion of Wafte, becaufe he may have a Writ of Venire facias ad compu-
sandum, &c. and there the Wafte (hall be recovered in the Debt; but by the
Adion of Wafte he (hall recover treble Damages, and fo it feemeth he fhall
not do by that Writ of Venire facias ad computandum.
(b) And alfo if a Man hath Lands in Execution by Elegit, and afterwards
he in the Reverfion granteth the Reverfion unto a Stranger in Fee; that the
Grantee fhall have an Aftion of Wafte againft the Tenant by Elegit feems rea-
fonable; becaufe the Wafte is to his Difinheritance, and he ought not to fatisfy
the Debt due by the Grantor.
And fee 2 1 Ed. 3. in Title Scire facias, whether Recognizor had a Scire fa- I
cias upon his Surmife that the Recognizee had levied all the Debt by cutting
of Trees,
S59. If a Man have Common of Eftovers in the Woods of another, and he who
is Tenant and Owner of the Wood cutteth down all the Wood, he who ought
to have the Eftovers (hall not have an Aition of Wafte, but thall have an (c)
Note a2 H. Affife of his Eftovers: For the Adion of Wafte doth not lie but upon a Leafe
4. 3 yer made, or againft Tenant by the Currefy, or Tenant in Dower, or Guardian.
Hankford, in (d) If Guardian in Chivalry commit Wafte, the Heir fhall have an Adion A
aaet oh of Waite as well at full .Age as within . ge.
Writ doth And if a Man be in Ward unto the Lord by reafon of the Ufe of Lands,
not recite the becaufe that certain Perfons were feifed in Fee of the Lands holden by Knight's
Statute, which
woves that a Prohibition was againit the Guardian at the Common Law.

(a) V B. am, 37 H. contra. So 19 Ed. 3. facia compel him to anfwer to the Waite and
Wafte 3 1. 16 Ed. 3. Wafle 20. A Scirefacias Cutting of the Trees, and therefore it was waived.
was againft a Tenant by Ekit who had cut 21 Ed. 3. 30 6. See F, IM B. 104. noted that
Trees, to pay the Refidue of the Money, to an- Waite lies. Zuxre.
fwer for the Trees cut, and for the Plaintiff to N S-e 4 Ed. 4. 2. 11 H. 4. It. 32 Ed. 3.
have his Land again. Cu)'.- By the Statute a- W~j11 36.
gainfi cutting Trees, this is in Nature of a Tref- (d) Nbie; Waie does not lie againfi Guardian
pafs, and lies rot in Account. Nor is he pu. in Socage, but ony Account or Trefpafs, accor-
abbable bth
aiIbeby Wit (of
tb iF',vrr (o Wafle) but
u innaan Attion
Aindn dr.t) to the Nature of the Waite. Adjudged
on the Ca!e oily. 21 Ed. 3. 26. 16 Ed, 3. W./C io0. klde ia/a E.
(C Sfthe, and he caneot in. a Swir n teor, Service
 UWt of Wafle. 13
Setvice unto the Ufe of his Father and his Heirs; now if the Guardian com-
mit Wafte, the Heir within Age, or of full Age, fhall have the Aaion of
Wafte againft the Guardian, and yet the Heir hath not the Reverflon of the
Lands, but the Ufe only. But that is given by the Statute of 4.H*7. cap. i7.
And if the Guardian do commit Wafte, he fhall lofe the Wardfhip; and
if the Wardfhip be not fufficient to anfwer the Damages for the Wafte, then
he fhall render Damages unto the Value over and above the Lofs of the
Wardfhip, by the Statute of Glouceler, cap. 5-
B If the King commit the Wardfhip of the Heir in Ward unto another, and
the Committee doth Wafte ; then upon a Surmife made thereof in Chancery,
the King thall fend a Writ unto the Efcheator, to go to the Land, and fee it
Wafte be done, and to certify the King thereof in the Chancery.
(a) If Efcheators do commit Walte in Lands which they have in their
Hands in Cuftody; the Heir within Age, or of full Age, Ihall have an Aaion
of Wafte, and fhall recover treble Damages againft them, and they fhall fuffer
Imprifonment two Years at the leaft at the King's Pleafure. And fo if Efchea-
tors do commit Wafte in other Lands feized into the King's Hands by Inqueft
of Office. Anno 36 Ed. 3. cap. 13.
(b) And Efcheators or other Guardians of Lands, in the Vacation of the
Temporalties of Bifhopricks or Abbies, thall do no Wafte, &c. Anno x4.Ed. 3.
pro Clero, cap. 4 & 5*
C And if Tenant for Term of Life, or in Dower, or by the Curtefy, or for
Years, grant over their Eftate to divers unknown Perfons, &c. to defraud him
in the Reverfion, and afterwards Wafte is committed; he in the Reverfion
fhall have an Ation of Wake againft the firft Tenant who took the Profits,
&c. Anno ii H. 6. cap. 5.
D There is another Writ of Wafte which lieth betwixt two Tenants in Common IInft. 2.2oo b.
of Lands, or a Wood in Fee-fimple ; and the Form of the Writ is fuch: Well. c. 22.
The King, &c. If A. }hall ma; e, &c. then fummon, &c. B. to Jhew wherefore,
feeing that the fame J. and B. hold the Wood of J. in N. in Common, the afore-
faid B. hath committed Wafle, &c. of the faid Wood to the Dherifon of him the
faid A. &c. And have you there, &c. And this Writ lieth as well of Lands,
Pifcary, Turbary, and the like, as of Woods, when they are holden in Com-
mon. See the Statute of Weft. 2. Cum duo vel tres, &c. q'urbariam, cap. 22.
E (d) The Heir within Age fhall have an A6tion of Wafte againft the Guar- Supra A.B.
dian in Socage.
The Heir at full Age Ihall have an Aaion of Wafte againft the King's Com-
mittee, &c.
F If two have a Reverfion unto them, and unto the Heirs of one of them, 22 1l. 8. ac.25.
Neon
they fhall join in an Aion of Wafte againft Tenant for Life.
G (e) Guardian in Socage fhall not punifh Wafte done by a Stranger. 28aHe 6.

(a) How this may be prefented in B. and an- by feveral Titles, yet Wafte pro indi-vio lies,
fwered at the King's Suit, and how the King's 21 Ed. 3. 29.
Grantee (hall anfwer to the Heir in fuch Cafe, (d) The Heir in this Cafe (hall have Account
fee 40 Ar 22. or Trefpafs, but not Wafle. See 46 Ed. 3. 17-
(b) See Rot. Parl.8 Ed. 2. M. 9. 7H.6. 23. 17Ed. 3- - 7 Ed. 3. 54. 2H. 5.7.
(c) And although they hold but for Life, and (e)See 4 6Ed.3. j P.113
r b. 4 Ed.3. I6.

'a) WVa(Le
 136 Writ of Wfle.
6 Ed, 3. I7 (a) Vafte fhall be brought againft Tenant for Life, where there is a mefne H
Eltate for Years between the Tenant for Life and him in the Reverfion.
48 Ed. 3. 6, And it appeareth by the Regifter, that the Writ of Wafte mhall be main-
5 o Ed. 3- 4. tainablh, although the Mikihe in the Remainder for Term of Life be between
1o Ed. o 9. the Tenant for Life and him
i3 the Reverfion.
Uchke conr. (b) Where a Leafe is made unto the Hufband and Wife for Life or Years,
I
Belk. there the Wife fhall not be punifhed, after the Death of her Hufband, for
2 H. 4. 3. Wafte done by the Hufband. M. 3 Ed. 3-
Old Nat. The Tenant may cut Trees to mend Houfes, &c. and to do Reparations. K
lrev. 36. But if Houfes decay by the Default of the Tenant, (c) to cut Trees to amend
wateZ2 con. them is Wafte.
71H,.6.33. ac. Where Wafte is done by the King's Enemies, or by Tempeft, the Tenant L
40 Af. 22. fhall not be punifhed for the fame.
Ed. 3. Cutting of dead Wood is not Walte. And if a Man cut Wood to burn,
Wafe 3 2. where he hath fufficie.nt Head-wood, it is Wafte. M
2 H. 6. Io.
2 H. 6. 1 t. Alf'o it is not Wafte to fuffer Lands to lie frefb, and not to manure them,
-. 6. 33- and to fuffer them to grow full of Thorns, &c. (d) Alfo it is not Waite to
4) Id. 3. 2S. fell feafonable Wood, which is ufed to be felled every twenty
Years, or witiun
thAt Time.
9 H. 6. 66. (c) If a Man fell Trees it is Wafte; and if he fuffer the Germins upon
zH.
2 6. 2. the Roots of the Trees to be again newly deffroyed, the fame is new
WaaRe (f).
2oH. 6.!. And if a Man do not repair the Banks, by reafon whereof the Land is N
,oH. 7 . 2. drowned, the fame is WaRe.
cn 'nr3 And if a Man plough Meadow, &c. it is Wafte. A Wall
or Pale, which
wate . is (g) covered with Thabe or Timber, may be Wafte, if the Tenant fuffer
2o H. 6. j. them to be uncovered, by reafon whereof, &c. And the digging of Gravel,
z2 H. 6. 24. or Stone, or Coals, fhall be faid Wafte (h).
16 H. 2. ac. Houfe-bote, Hay-bote, and Fire-bote, do appertain unto a Termor
of com-
mon Right, and he may (;) take Wood for the fame. H. 2 1 H. 6.
A Bilhop

(a) See Bro. Waie 56. contra 4,8 Ed. 3. I 6. (e) See Wafle affligned in permitting of Wood
So Ed. 3 . 4. 11Ed. 3- 3 , 9. Perk. 8. 7 H. 6. to be uninclofed, whereby the Cattle eat the
36. Noa bene. Germins. i H. 6. 1. 22 H. 6. Iz.
(b) See the contrary, Kew, i 13. 19 Ed. 3. (f) And treble Damages fhall be recovered
Breve 246. but Ii . 4- 3. per Car', 19 H. 6. for both, yet he cannot recover Locum vaftat'.
5. feem to accord. zz H. 6. 1 z.
(c) Contra, if ruinous at the Time of the (g) And it ought to be fhewn fo covered in
Leafe made. Dyer 36. See 12 H. 8. '. the Affignment of the Wafte. Dyer io8. 22 H.
(d) See xi H. 6. t. Oaks cannot be faid fea. 6. 24.
fonable Wood, which are paffed the Age of zo (b) See5 Co. 12. 4. 2 H. 4. 2. I H.7 . 14.
Years, but by a Cuftom in any Place, where is 12 H. 8. 1.
Plenty of Wood (Timber) Oaks under 20 Years (i) 'iz. Oaks, Elms, Afh, &c. for Repair of
may be feafonable Wood. And fuch Culom may the Houfe, and Under-wood, &c. for Inclafares
be alledged in the Wood itfelf, without faying, and Firing; but Note; Oak, Elm, Afh, are not
In fach a Tmwn or Hundred fuch a Cuf om is had, Under-wood, 21 H. 6. 46. which ought to be
&c. 4 H. 6. i. RaftEntr.69 . See 4 Ed.3 . thewn by the Defendant in a Writ or Ation of
2s5 -i H. 6.,5, Wafte. Dyer 19.
 Writ of Wafle. 137
0 A Bifhop, or a Mafter of an Hofpital, or a Parfon, thall no punAth Wafte see 37 l
done in the Time of their Predeceffors, But an Abbot or Prior ill
P Tenant in Tail, after Poffibility of Iffue extina, fhall not be punifhed for
Wafte.
A Cutting down Willows in the Sight of the Manor is adjudged Wafte. [ 6o. ]
P7 4.- Ed. 3.
B Leffee for Life, Remainder in Tail, the Remainder in Fee unto the Leffee 50 Ed. 3. 3,
for Life, if he do commit Wafte, he fhall be punifhed by him in the Remain-
der in Tail; and yet the Leffee for Life bath the Remainder in Fee, but there
is a mefne Effate of Inheritance, &c.
C (a) If a Man cut Trees of the Value of three Shillings and four Pence, it 14 IT.4. 1
bath been adjudged Wafte. 3 8 Ed. 3. 7.
D If a Man maketh a Leafe for one Year, or Half a Year, and the Tenant Graue to
do Wafte, the Leffor fhall have Walte, and the Writ fhall fay, Which he 40 s. waled,
holds for a Term of Tears, and in the Count he fiall fhew the fpecial Matter. and yet no
Qu4ere Litt. I4- Waite, fay
E (b) A Termor may cut the Under-wood growing under the great Woods they.
and tall Woods ; but if there be not any tall Wood, then he cannot cut the
Wood. P. 4 1Ed. 3. 25. 4 2 Ed. 3. 6. ioH.7. 2.
F And a Man may have Aation of Wafte, and count upon divers Leafes.
M. 4 4 Ed, 3. 17. See 3 4 H. 8. 12.
G (c) The Guardian fhall not be punifhed for Wafte done by a Stranger, &c.
but a Termor fhall, &c. 44 Ed. 3. I7-
H (d) If Tenant in Tail leafeth the Lands for his own Life, he hall have an
Aftion of Wafte againft the Tenant, if Wafte be done.
j (e) The Grantee by Fine of the Reverflon Ihall not have a Writ of Wafte Lit. 131.
againft the Tenant before the Tenant attorn: But if a Reverfion efcheat
unto the Lord, he fhall have Wafte againft the Tenant without Attorn-
ment.
And fo if the King grant the Reverfion by Letters Patent, the Grantee 34 H. 6. 5s1.
thall have Wafte without Attornment. 6Ed. 3 17,
And fo if a Man devifeth the Reverflon unto another in Fee, upon Wafte Attorn. 13.
done the Devifee fhall have Walte without Attornment. a Ed. 4. 3.

Sir W. W The Cutting of Oaks of the Age made, the PaintifT cannot give in Evidence Lop-
of feven Years is not Wafle, by Brian, 13 H. 7. ping of Oaks. Dyer 9z. a.
21. But Newton, zz H. 6. 47, faid, the Ter- ) But if the Leffee himfeif commits Waite,
Inor cannot cut either Oaks or Afh for Fire- or commands another to do it, as to cut Trees,
wood. &c. the Leffee may plead this in Bar of Waite,
(a) That many petty Wafles are puniihable but then the Leffee Thall be barred of his Ac-
together, fee 4 H. 4. 1i. 9 H. 6. 66. infra P. tion of Trefpafs for ever, 5 H. 4. 2, b. 2 H.
(b) Wafte in topping and lopping twenty 4es 7. 14. b.
and twenty Elms, and on a Demurrer adjudged (d) See I In. 34S. Litt. 145. cnr.
for the Plaintiff. Dyer 65. a. But if the AC- zH. 5- 7-
fignment be in cutting down and felling tweny (e) See 34 H. 6, 6. 5 H. 7. 19. Nat. Brev-
Vuaks, &c. and the Defendant pleads no Waite o6.

T (a) And
 10, 77,Wit of Wafle.
(a) And none fhaH Iave an Aftion of Wafte, but he who hath an Eftate in K
0117. 5. Fee-flmple or in Fee-tail. But a Parlon or Prebendary fhall have a Writ of
afte upon their Lcafe ; yet fome lfy, that they have not the Fee-fimple in
th. mfelves alone.
,39. (b) 1 nd if Tenant for Term of Life commit W~ate, and afterwards alieneth L
I T, ac., in Fee, vt the Writ of Wafte lieth againft him CthcrwN'ife it is if the Wule
be done after the Alienation made, as is faid: men; quiere. TO H. 7. 1.
2; Ed. 3. S , 3
3 i. 1. and If an Abbct committeth W inneLands which he hath in Ward, and dieth, M
s i7 7. 2 -. the Succeflbr tha.ll not be charged.
Z.:
But if hc be depold, the Succeifor thall
fhr the Reafon L, ,hr~d
f
f the b hged . 49 d!e3. 4 3 Ed, 3 - 8.
21 H. 6. A Writ of Walle fhall be maintainable againft one upon a Leafe made unto N
1-H.6. 2.him, unt'l he be promotcd unto a Benefice, and the Writ (hall Iuppofe, Tkct
he hdds fcr Term of Life. And fo of a Lelk made to endure from fuch a
Feaft unto (c) flIch a Feaft, the 'Writ (hall fiuppofe, That he holds for a Term
of Years in that Cafe, and by the Court the fpecial Matter fhall be mhewed.
(d) Deftruftion of Villains by Tillage, adjudged Wafte. 0
(e) Wafte done by a Guardian unto the Value of twenty Pence, was ad- P
judged Wafte, and the Plaintiff recovered. H. 34 Ed. 3.
40AT 22. The Termor is not bound for to repair the Houfes which are ruinous at the Q
W1ade 24 by Time of the Leafe made unto him. 49 Ed. 3* 2.
Koec.whIi two Coparceners leafe Lands for Life, and Wafte is committed, and af- R
was newly terwards one of them dieth ; the Aunt and the Niece ought to join in an
built and not Aftion of Wafte for the Wake done before; and yet the Niece fhall (f) not
covered, was recover any Damages for the fame, but the Place wafted; and it feems they
abated by the fhall hold the fame in Coparcenary. M. i Ed. 3.
ou aen,and If there be two Coparceners, and one hath Iffue, and dieth, and her Huf-
ifa Frame band is Tenant by the Curtefy, and committeth Wafte, his (g) Son fhall not
which was have an Adtion of Wafte againft him without naming the other Coparcener:
once covered
in the Life of the LefTor, if the Leffee do erafe it after his Death, the Heir fhall have Wafle. 45 Ed. 3. 3, 20.
Ant 39. D.

(a) See Fits. Wafe S. Litt. 145. Nat. Bre., () See 14 H. 8. 11. Lit. 14. 7 H.
36. 6
4 Ed. 3. 31.
(b) But for Walle done before the Surrender (d) So if Villains by re!on thereof go out J
(no) A~lion (of Wafle) lies; quare. 2i Ed. 4. or leave the Seigniory, it is Exile, -nd Fn (h-
3!. 8 H. 5. 8. 4 H. 14. a. 19 H. 6. 66, able in Watle; owa, if only waiit"c, &c.
And the Writ in that Cafe thall be in theTeenit, 2H.6. ha. i4 H.4. I[-
14H 6. 14. as fome held. But by others it (e) See sz H.8. 1. 7 d. 6, 3S. fupraC.
thall be in the enet, whether he be Tenant for (f) See ii El, 2. Wayie 115. 45 Ed. 3. 3 -k
Life or Years; but if the Leffor enters with Tot 11 H 4. 16.Ah 4 8Ed. 3. 14. b. 3 5 H. 6. 2 3 .b.
on the Iflue, the Aation is fufpended for Wade Kdw. Ic5. a. Aai. B, i 1 Z2 H. 6. 12.
done before the Entry, 8 H. 6. io. and he fhall 49 Ed. 3. 7.
be fummoned on the fame Land, z H. 6. (c) See 91H.6. i. Dibitatur,
L. but K w.
7. a. for. 103.a. CaSit 64. that the e alone nIall
have it. 15 H . B4.
 Tl4it of Eflrepmne 139
But if he bring fuch (a) Wi-t, it fhall abatea. 6qod vide P. 2 II. 6. Tiie
Wafte.
S If there be Tenants in Common pro indivi, and one committeth Wafte,
the other two ought to join in an Anion of Wafte againft the third. See
for that M 3 Ed. 2. Wcjk.
T If the Guardian commit Wafte, and the Heir being within Ag', bringeth
an A&tion of Wafte, the Guardian thereby fhall lofe the WardQ), aind D.
rnages for fo much as is wafted, befides the Value of the VTardfhip which is
loft ; but if the Heir (b) at full Age do bring a Writ of Wafte againft him7
who was Guardian, and recover, then he fhall recover treble Damages againi
the Guardian, becaufe the fime is out of the Statute of Gkucfter, which fL.th,
That the Guardian ihall lofe the W.'ardfhip; for he cannot lofe the Wardlip
there; and therefore he is not in that Cafe as Tenant in Dower or by the Cur-
tefy are, who were punifhable in Wafte by the Common Law. Qtod vide M.
12 H 4. 3. in the Title of [Wafe, the Opinion of rhirning.

(c) Writ of .E)frement.

J "-HERE are two Manner of Writs of Eftrepment: One is w,,hen a Man 3 H. 6. i6.
. hath a real A6ion depending, as a Formedon, or a Dun fuit infra via. Varjanc from the firft Rh'.
tem, or a (d) Writ of Right, or (d) fuch Action wherein the Dermandant fhall cord for the
not recover Damages; then he may fue this Writ of Eftrepment againft the Recital of the
Tenant, inhibiting him that he do not make Wafte, nor ftrip, pendent the Name, Town
Afion: And this is properly before Judgment is given for the Demandant. or he like,
And another Writ of Effrepment lieth for the Demandant, where he hath the Writ, be-
judgment (e) to recover Seifin of Land, and before Execution fued by Habere caufe it isori-
ginal, not Ju-
cial. 3 H. 6. 16. No Age in this Writ, for it is in Nature of Trefpafs, and no Procefs of Utlawry, for that it
is a Preeyre. 14 H. 7. 10. If the Defendant plead in Arreft of Judgment, or Releafe be pleaded after Verdi&,
or if the Juilices take Advice of their Judgment, the Party may have Eltrepment, by Read, 2 Ht. 6. 13. 4 Eliz.
Dyer a1o.

(a) See 9 H.6. i. 5 Ed.3- 3 ant3 9. D. Dower, where the Libard did not die felfed.
(b) Note; 'One thall not recover Cofts on the Tr. 6 Eliz. Mo. 69.
Statute of Gloucefler. 3o Ed. 3.27. b. 2 H- 4. (e) See zs Ed. 3. 5 1. . The Demandant had
17.b. 1zH.4.4 5H.5.13.a. 9H.6.66.. Judgment in a Scire facias on a Fine agaInfl B.
14 H. 6. 13. a. contr. 5 Ed-4* 7.a. See Kew. and fues an Eferepment, and found Pledges to
.26. the Stat. 289. purfue as he ought againft B. and C. and ozhers.
(c)See Rot. Parliament. 28 Erd. 3. n. i9. A of an Eilrepment made between Judgment an',i
Petition that this Writ may lie in every Aftion Execution; all Demand and had Oyer of the
where the Party is to recover Damages. Rep. Record, and dmand Judgment, feein3 they
Lex antiqua fervira. were not Parties to the Record, and C. pleod',
(d) See 14 H. 7. 7. a. b. and Dyer zo. b. that B. w-a his Tenant for Life, and concldes
In a Quid juris clamat, pending the Writ, and to the Incueft; whereas he might hive pleaded
alfo between the judgment and Execution, in in Bar, that he was not compriled, aid was
Dyer, Cat/Afs Cafe, CD;itatur in a Writ of amerced for hi. feint Plea, &c. A'ie, The
PTaintiff
 140 Wr it of Efireprent.
;acis j u;: he may fue this Writ, that the Tenant do not Wafle or Strip: X
And this Writ doth recite the Recovery and the Judgment, &c. And alfo
the Demandant may have a Writ of Eftrepment direaed to the Sheriff, com-
mav in him that he do not fuffer the Tenant to do Waffe or Strip.
AVd fome flv, that this Writ of Eftrepment doth not lie in fuch Aaion Y
hatethe Demandant thall recover Damages againft the Tenant. But it
[96i. 1 -nicth reiOnable, that the Demandant have fuch Writ where he doth reco-
ver Diriag . as where not: For it may be that the Tenant is not of Ability
to fa:dify the iImandant for his Damages. And alfo if the Tenant Ihall be
fIi:crcd to Ict the Houfes to fall to Decay, or to pull them down, and to de-
troy the Parks and Chafes, it fhould be very inconvenient.
2P 6 8. And in every real AEtion the Demandant may have a Writ unto the Sheriff, A
S3 -*2 commanding him that he fee that the Statute which ordaineth the Eftrepment
FIrvpment
be obferved ; and that he do not fuffer the Tenant to do fuch Strip: And by
brough a- the like Reafon he may have the Writ againft the Tenant, where he may re-
gainit tLe De- ccive Dama.ges, &c.
fend nt, and (r) And if the Tenant do make a Feoffment hanging the Plea, the Deman- B
a Scang(er to of Eftrepment againft the Tenant and againft his
the Recovery.
dant may have a Writ
Feoffee, &c. And by the fame Reafon it feemeth, that he may have a Writ
of Eftrepment againift the Tenant and thofe who are his Servants, naming
their Names, &c. (b) although they have nothing in the Tenancy : Quere ta-
men. Vide T. 5 Ed. 2. Tit. Eftrepment.
6 H. 4. 2. In an Aflife, and in every real Aaion where the Demandant fhall recover C
34 Ed. 3. Damages, he may have a Writ of Eftrepment for Strip made after the Judg-
Ellrepmenti'5. ment, and before Execution: But for Corn cut and carried away after Judg-
, 5 Eliz. Dyer
ment, and before Execution fued forth by the Demandant, the Demandant
3 z5,
fhall not have a Writ of Eftrepment. Quere what Remedy he fhall have:
It feemeth none ; for the Tenant may take the Profits of the Lands before
Execution, as I think, for it fhall not be faid Eftrepment, if not that the
Tenant do fuch a Thing, which hall be faid Watte if a Termor had
done it.
I8H.S. 5. And when a Man purchafeth his original Writ dire&ed to the Sheriff, then D
Note; A Man may be purchafed his Writ of Effrepment againft the Tenant, if he will; or
cannot have
this Writ be- a Writ unto the Sheriff, commanding him to fee that the Statute which or-
tween the daineth the Eftrepment be obferved..
Award of the
Writ and the Return; for the Statute giveth it pendent the Writ, and it is not pendent till returned. See iz R. 2.
Dlrepment 6. By Charlton, he fhall not recover Damages for Wafte before the judgment againit the Tenant of
the Land.

Plaintiff did not dare to demur, but tendred an mined. 3 H. 6. 7udgment 4. See Judgment
Iffue, wiz. comprifed, and the others contra, therein for Damages, Paf. 19 Eliz. Rot. 84.
zz Ed. i. 2 Bendl. 220.
So Note; The Record may be falfified in this (a) See infra, H. 2z Ed. 3. 2, 3.
Writ. Nor - There thall no judgment be (b) And this was fo at Common Law. 2z Ed.
given in Eltrefment, tiU the fpecial Plea deter- a* 3,

5 SAnid
 Writ of EfJrepment. 141
E And if a Man fueth a Writ of Right unto the Lord of a Court Baron, there
he may fue a Writ out of the Chancery direfed to the Sheriff, that he fee that
Wafte be not done, &c. or he may fue a Writ out of the Chancery diredted
to the Party himfelf, commanding him that he fhall not do Wafte, &c. and
an Attachment thereupon. And when the Writ is depending in the Common
Pleas, then the Demandant Ihall have the Writ of Eftrepment out of the
Common Pleas or out of the (a) Chancery, at his EleaRion.
F And the Writ may be directed unto the Sheriff and the Party; or he may 3 H. 6. 13.
have feveral Writs, one to the Sheriff, and the other to the Party.
G And hanging the A#iSon the Tenant may do Wafte, and fhall not only be pu- 3 H. 6. 16.
niflied, becaufe it is before the Prohibition delivered unto him; but for 17 R. 2.
that Wafte done after the (b) Prohibition delivered. Br. 3. they
H (c) And if a Stranger of his own Wrong do Wake after the Prohibition de- were at Iffue,
livered unto the Tenant, and againft the Tenant's Will, then the Tenant fhall if it were be-
not be punifhed for that Wafte, &c. fore the Deli-
Wafte, the very, or after.
In a Scire facias to execute a Fine, if the Tenant do commit
Demandant may fue a Writ of Eftrepment, &c. 34 H. 7.7.
K In an Affife the Tenant did (d) Waite after Verdik, and before Judgment 2 H. 6. 1s.
given, and afterwards the Plaintiff had Judgment, and afterwards fued a Writ
of Eftrepment againft the Tenant for the Wafte done by him after the Verdit
and before Judgment; and it was awarded, that the Writ was well brought.
H. 21 Ed. 3-
L And a Writ of Eflrepment againft the Tenant for Wake done after the 3 H. 6. 6.
Judgment, and before Execution, was maintainable at the Common Law be- cont. by fome.
fore the Statute.
M And if a Formedon be brought of a Manor, and after the Eftrepment is 15 Eliz.
brought againft the Tenant, and afterwards a Tenancy doth efcheat unto the Dyer 3z5, ac,
Manor, and the Tenant doth commit Walle in that Manor, he fhall be pu- r. Ete-
nilhed for the fame, and yet it is not demanded by the Writ, but Sureties menta.
were demanded by the Writ in the Name of the Manor, and the Land cometh
in lieu of the Services, &c.

(a) 2 H. 6. 13S.a. 33 H. 6. 86.a.ctr (d) See it adjudged, that he fhall have a

33 Ed- 3. BrieF917- Writ of Eltrepment in fuch Cafe, 21 Ed. 3.
(b) But the Defendant (hall not be imprifoned 5 .. 14 H. 7. 7. a. b,. Yet it is held, he
for a Walle done after, except the Writ was may have a Writ to the Sheriff to inquire of the
direfted to him; adjudged in a Cafe between Damages for the Walte done between the Ver-
the Earl of Cumberland, and the Countefs d:t and Jdgment, and upon the Inqueft, the
Dowager. 16 Jac. i. other fball be put to anfwer the Damages. 21
(c) In an Eltrepment againft an Infant, who Ed. 3- 3. a. 21 Ed. 3- 51. Note; The Writ
is in by Defcent, he fhall not have his Age by whkh was prayed was a Venire facias to an-
Award, becaufe he is to anfwer for the Con- fwer to the Eltrepment, and it was granted ; fo
tempt. adly, For Walte done after the Prohi- that it feems no Prohibition preceded. See
bition by his Guardian in Socage, without his 14 H. 7. 7. for a Scire facias before a Writ of
Command, he (hall not be punifhed, for the EfIrepment granted, but if the Tenant does
Prohibition extends only to Wafte done by him- Vade after a View, and before judgment, a
lf; yet a Tenant for Life lhall be charged in &ire facias lies on a Surmife thereof, or a Writ
a Writ of Waite, for a Walte done by a Stran- of Eftrepment. 6 H. 4. i.b. See the Regifer
ger. 3 H.6. 17. See z8H. 6.8. 77 . among the Notes.
If
 Ti de I aritio Lcidend.
c. If a MKTan do recover in a Writ of Waite, le !all hav- a Wrht of ' > .

ment againft the Ddendant for Wafie dcne :er the Judgment, and before
the Execution. 7 H. 4 . 16.
d 3 3* In Attai.nt in the Common Pleas the Plaintif ithall have
Ir.iep. ment againft the Defendant out of the Common Pleas, ifthe Wri: of Ftrc O
he will, or out of
the Chancery. 2 H. 6. 13.
e.a're, if Ju. If a Man fue a 7uris rru;i againft foveral Tenants, as he may, or a Scire A"
es ar dfe facias againft feveral Tenants, there he may
have an Eftrepr'ent againft any
th writ. of the Tenants, and not againift them all. And fo it feen th if a Fo:eden
ga Ed 3. be brought againift tvo Tenants jointly, the Demandant may have an Efirep-
EfienmentI4. ment againft one Tenant only.
5 '.d 2.
Filrepment 11. Joint-tenancy at the Original is a good Plea; otherwife to fay, that he was Joint-tenant at the
:ime of the Judgment given.

And in a 7uris utrum fued in London, i Man ihall have a Writ of Eftrep- Q,
ment directed to the Sheriff of London, as appeareth by the Regifter.

Writ de Partitione facienda.

facienda is fuch (a):
T HETheWrit Partitione
King,de&c. If A. Jhall make you fecure, &c. fummon B. &c. to w R
wherefore, feeing that the faid A. and B. hold togetherand undivided three Acres of
Land with the Appurtenances in I. of the Inheritance which was M.'s, the Mo-
ther of the aforefazid A. and B. whole Heirs they are, Ie the fame B. oppofes
aki;ng Partition thereof between them according to the Law and Cufom of our
Kingdi;n of England, and does not permit it to be mad, unjuffly, as it is faid,
and have you there the Sunnoners and this Writ. Witnefs, &c.
9 -i 9. 4. And if the Hufband hath one Part of the Land by Purc4afe, and the (
.Puare, if other Parcel in the Right of his Wife, and another Coparcener hath another
Parceaers of Part as one of the Heirs of the common Anceffor; then the Hufband and
Lands in Tail the Wife (hall have a Writ of Partition againft the
fhall have a third Coparcener, and the
Writ of Parti- Writ fhall be fuch:
tion. The King to the Sherif, &c. If I. and Mary his Jfe Jdl make, &c. fun-
[ 62. ] mon Margaret, &c. tojfew wherefore, feeing that the faid I. as in Right of her
the faid Mary, of her Piapartyhappening to her of the Manor of T. which was
A.'s, the Father of the aforefaid Mary, one of b:f/e Heirs jtc is, c;:d the fame
I. by virtu:e of a Feoffinen made to hir ly F. another Daug'er and Heir of the
afcrefrid A. of the Pu'rpa;ty cf her the jcid F. happo:/cg to h' of the faue
Manor, and !h. <forejid Margaret, the Daughter a-:d third leir cf him the
fame A. hold together and undivided the Manor efor id w 'th the Appurtenances,
Ihe the fame Margarct oppofes making Partition, &c.

(a) If he counts of an Eflate-tail in the Ance- not in Demand, but cnV the Poffefion affirmed
flor, it is fufFccnt without fhewing the Com- (or afccrtaincd). Di; 79> b.
nencement thereof, for in this Writ the Land is
And
 Writ de Partitione facienda.v 143
A And there is a Rule in the Regifter fuch, that is to fay, that Anna 12. at 14 Ed. 3.
2Tork, was fealed a Writ de Partitionefacienda betwixt Strangers; and there it Partition 14.
was faid, that a Man thould have the fame in every Cafe without de IHere-
ditate in the Writ: And it is there faid, that that Writ was never feen before.
B And if a Man will fue a Writ of Partition for Lands in London, then he
fhvll have a Writ unto the Mayor and Sheriffs of London in the Nature of an
Audita <erela, and the Writ fhall be fuch:
91,e King to the Mayor and Sherifs of London, greeting: It is fhewed unto us,
on the Bebalf of S. of H. and I. his Wife, that whereas they R. and S. hold, to-
geaher and undivided, one Mefuage with the Appurtenances in London, the fame
R. and S. oppofe making Partitionthereof according to the Law and Cuflom of the
fame City, and permit not the fame to be made, to the no little Damage and Grie-
vance of them the faid S. and I. and contrary to the Cuflom that has hitherto been
held and approved in that City: Therefore we command you, that having heard
the Complaint of them the farid S. and I. in this Matter, and having called before
you R. a;d S. and, from hence, heard the Reafons of the Parties thereupon, you
ftrther caufe to be done to the fame S. and 1. in the Premijfes, that which of
Rlght, and according to the Cufiom of the City aforefaid, hath been done, and in
the hue Cafe hath hitherto been ufed to be done. Witnefs, &c.
C And by that it appeareth, that by the Cuftom of London one Joint-tenant,
or Tenant in Common, thall have a Writ of Partition againft his Companion.
And Partition may be made in the Chancery, where one of the Coparceners 38 H. 6. 9
is in Ward to the King.
D And Partition may be made of an Advowfon or of a Reverfion, that one it H. 4. 6 .
thall have the Reverfion of fuch Acres, and another fhall have the Reverfion 28 H. 6. 2.
9 AT z 3 .
of other Acres; and fuch Partition may be without Deed. 6 Ed. 3*
3 Ed. 4, 9,49,
E And it appeareth in 3 Ed. 4. that Tenants in Common may make Partition 45 Ed, 3.
by Deed. Partition 7.
F And Partitions betwixt Hufbands and Wives fball bind the Wives, if they 9 H. 6. S,7.
be qaol. And by Partition made of a Manor without fpeaking of the Ad- '9 H, 6. 25.
vow fon, the Advowfon doth remain in Common. And Joint-tenants do make 4I 7U. 7. 5. ac.
Ed. 3. 24.
karttion of a M11 without Deed, and adjudged good. Yrin. 47 Ed. 3- 5 HI Ed. 4. 9.
7.22. 7AJff 19. 4JEd. 3 . 12. i gH.6. S,
G (a) If one Coparcener doth leafe her Part unto another Coparcener for that they
Yeair, yet (he iiall have a Writ of Partition againft her Sifter during the cannot.
Term of Years. Ed 3, 57. [17.] Dycr 52.
22 zi Ed,.
H After Perticion in the Chancery, fhe which is within Age, after the cometh , Ed. 3. 3.
of full Ag,, if 101t h avc too little, (lil have a Writ de Partitionefacienda Partition a
T-horpe,

(a) Ed 3. 57. a
"CC 21 PartT- fa ough he coonts adDamnum, yet no Dama-
bcd',A
by a iall B. wi'o p ends, that !h vei 'ball be and therefore a Partition
PlaintY had je aed to him bi3 Purpnty !br fve was a wrded with a Saving of the Te;m, and
Years, and that, faviig to thi his fiud 'Tc-a, by Caid the like Law is io a Nupe. 2zn, Ac-
he is ietdy to make !r-'In, and a way bs
ndm]trfl'-vhsfic c'1nt. P a. uc by Strange
fo been, and his Protelq was enei- on zoe FoF . aod Vi-,; the ecover Lat.gcs.
to aiie Daages, replicd, th't he . ad 6 b
not Lhad abereac,xed aiiti eoy, a Pra
 144 Writ de Excommunicato capicndo.
Y ';dc ncpineSit-,r or a Scire facias, upon the Record of the Partition in thi
c ha'cery, againift her Coparcener, which fhall be returned into the Chancery,
&c. tj thew wherefore new Partition or Extent fhall not be made, &c.
i Ed ,. And Partition betwixt Coparceners, thatt one fh ll have the Occupation of 1
arankion z. the Land from Ealter until Augufi, folely and in Severalty to herfelf, and then
Co. Lit. .d that the others fhall occupy the Lands folely and feverally from Augft
to
Welde and Eafter, yearly to them and their Heirs, is adjudged a good Partition in the
Bridgwateias Time of King Ed. i. Co.Lit. 167. b.
Cafe ac. And by the fame Reafon it feemeth a good Partition, if two Coparceners K
Co. Lit 4.a have two Manors by Defcent, and they make a Partition, that one fhall oc-
cupy one Manor one Year, and the other the other Manor for that Year, and
then that he who occupied one Manor one Year, thculd occupy the other
Manor for the Year following; and fo they and their Heirs fhall change every
Year, and occupy the Manor which the other Coparcener did occupy the Year
before.
And alfo Coparceners may make Partition for Term of Life, or for Years. L
20 H. 6. 1 3. Lit- 57*
V 57 Lit. ac. And alfo Partition, that one fhall have the Land which is intailed, and the M\1
20o H. 6. 14. other the Fee-fimple Land, is a good Partition
; and the Procefs in this Writ
is Sum', Attachment and Deftrefs infinite (a).

(b) Writ de Excommunicato capiendo.

2oH. 6. 1- E FORE this Writ fhall be granted, the Contumacy and Contempt
Not gary by the Party unto Holy made N
Church ought to be certified into the Chan-
Seal, 8.6.3. cery by the Bifhop by Letters under his Seal. But this Certificate by Letters
The Archdea- may be made into the Chancery by a Bifhop ele&, before he be confecrated:
con doth cer- And alfo the fame may be certified by Letters of the Chancellor or Vicar-
tify, and General, when the Bilhop is beyond the Seas, or out of his Diocefe,
faid, that be in remo-
was Ordinary tis agend', &c. And although the Biflhop be in his Diocefe, yet the Certifi-
immediate, cate of the Vicar.-General by his Letters unto the Chancery, reciting that the
and yet it is Bifhop is in remotis agend', is good, and fhall not be traverfed. And in time
doubted he of Vacation of the Bifhoprick the Certificate ought to be
made by the Guar-
no,egcadethe dians of the Spiritualties for the Time being or by the Archbifhop, &c. if
King cannot he be Guardian of the Spiritualties.
have Benefit And upon this Writ he fball have an Alias and a Pluries, and if they are O
to feize Ten- not anfwered, an Attachment againft the Sheriff, diretted unto the
Coroners,
that he hath returnable in the King's Bench.
not Tempo-
ralties as a Bi-
thop hath. (a) If there be Lord, three Coparceners now the Lord mufi make feveral Avowries. See
mefnes, and a Tenant (of the Mefnalty) and one 36 11. 6. 7. Co. Lit. 167. b.
of the Coparceners purchafes the Tenancy, this (b) Paf 24 Car. 2. B. R. (L. R. s3o.) Note;
is not only a Partition of the Mefnalty being By H7ale, the Sheriff cannot break the Houfc on
thereby extinguifhed for a third Part, but it is an Excom' capiendo.
alfo a Divifion of the Seigniory paramount; for
And
 TMit de Cautione admittenda. 145
A And :f the Excommunicate hath made Satisfaldion unto the Church for his [ 63. ]
Contumacy and Contempt, &c. then the Bithop or Vicar-General, or the
Guardian of the Spirituitics, &c. as before is faid, ought to certify to the
King in the Chancery, that the Party hath made Satisfa6tion unto the Church
for the Contempt, &c. and thereupon he fhall have fuch Writ to the Sheriff,
viz. (a)
the King to the Sheriff of Lincolnfhire, greeting: Whereas we commanded S.
and I. wo by the Denunciations of the Dean and Chapter of the Church of the
blefed Peter IFYork (the See being vacant) ; or thus, by the Denunciations of
the wor/hipfud Father A. Bijop of Winchefter, as excommunicated Perfons, and
contemning the Keys, to have 7uflice done them by you by their Bodies according
to the Cuflo;n of England, until they /euld make Satisfaflion to Holy Church, as
well touching the Contempt as the Injury to it by them committed ; and now from
the;m the Dean and Chapte; or thus, from him the faid Bijhop, they have de-
ferved to obtain the Benefit of Ab/olution in Form, as they the faid Dean and
Chapter have fignified to us by their Letters Patent; or thus, as he the faid Bi-
fhop hath figified to us, &c. W7e command you, that without Delay you caufe
that they the jaid S. aid 1. be de!ivered out of the Prijon wherein they are detained,
if they are detained in the fame upon that and no other 0 caflon, & c.
B And if the Sheriff will not ext cute that Writ, lie have an Alias and a
Pluries, and iAtzachrnnt againft the Sheriff, dire61ca unto the Coroners, re-
turnaule into the King's Bcnch.
C And if the Furty excommunicated, who is fo taken and in Prifon, offer
fufficient Caution or Surety, to abide the Ordinances and Rules of the Holy
Church, and the Judges there and the Ordinary do refufe for to take fuch
Caution or Surety, then he may have another Writ unto the Bifhop to admit
of his Caution, and the Writ is fach:

(b) Writ de Cautione admittenda.

T HE King to the Worhipful, &c, Whereas we commanded A. as one by your
Denunciation excommunicated, and contemning the Keys of the Church, to
have frface done to him by his Body by our Sheriff of Lincoln, according to the
Cuton, of England, &c. until he Ihould have made Satisfalion to Holy Church,
&c. If is hewed unto us, on the Behalf of the faid A. that although the fame A.
hath frequently off" 'ed to you fit Caution to obey the Commands of the Church in
Form of Law, that he might by this be able to obtain the Benefit of Abfolution:
Never:helefs you have hieherto refufed to admit from him fuch Caution, at which
we wonder: And becaufe we will not that the fame A. be longer detained in Prifon

(a) Sec Tib Part 25 Ed. 3. #. 3 1. A Peti- Confcence at that Time were fuch, that both
n , no Excommunicato cap' thall iffue be- were there denied. Though it is hoped Man-
fori a fs a ainft the Party, to know kind will at length have their Eyes opened to
whether the %aie be Lay, that fo the Party may fee the Mifchiefsoccafioned by this Writ. W.
reverb i, if the Matter be Lay, or fhew the Bobun.
Matter where the Excon' cap' is pleaded againft b) See Baron of er, II touching
it feems the Keepers of the KingWs feBut Bobanrar
writ. rs
U 'On;trary
146 Writ de Cautione admittenda.
contrary to Juftice, we command you, that having accepted the Cauticn afcrerei
from the aforefaid A. you com:a;a him the faid A. to be delivered from a) the
Prfon wherein he is detained by occa/ln of the Premifes, otherwzi we curfel;es
will execule that which is curs in this Behalf.
And if the Bifhop will not fend unto the Sheriff to deliver the Perfon fo ex- D
communicated, then he fhall have fuch a Writ out of the Chancery for to de-
liver him.
The King, &c. On the Behalf of A. who by the Denunciation of the Worhip-
ful, &c. and rehearfe the Writ fent before unto the Bilbop for Deliverance of
the Prifoner, &c. And becaufe we will not that the Jame A. be detained longcr
in Prifon contrary to Yf lice, we co;wmand that you go in your own Perfon to the
aforefid B/hop, and on our Behalf adfe and efe -fual"' dirett him, that having
accepted the Caution aforefaid from the fame A. he command him the faid A. to
be delivered from the Prifon aforefaid. And if the JAid Biocp or the Keeper will
not do it in your Prefence, then do ycu caufe him the faid A. to be delivered out
of the Prifon aforefaid, if he be detained in the fame upon that and no other Oc-
cafion. Witnefs, &c.
And upon this Writ he fhall have an Alias and a Pluries unto the Sheriff; E
and if he do not ferve the Writs, he fhall have Attachment againft the She-
riff, but fo thall he not have againft the Bifbop, &c.
And if the Bifhop do certify by his Letters into the Chancery, that he bath F
fent unto his Official or Archdeacon to abfolve the Party excommunicate, then
the Party thall have a Writ unto the Sheriff rehearfing thefe Letters, &c. We
command you, that without Delay you caufe the aforefaid A. to be delivered out
of the Prifon wherein he is detained, when it /hall appear to you that he is ab-
folved from his Excommunication by the aforefaid Official or Archdeacon, if he be
detained in the fame upon that and no other Occaion. Witnefs, &c.
And upon that Writ he fhall have an Alias, Pluries, and Attachment againft
the Sheriff, if he do not ferve the Writ.
And yet it feems that the Official or Archdeacon to whom the Bilhop hath G
fent his Letters to abfolve the Party, is not bound to certify the Sheriff, that
he hath fuch Letters; but the Sheriff ought to go or fend to them to know
the Truth thereof, and thereupon to deliver the Party: And the Bifhop, or he
who excommunicated him, and upon whofe Certificate the Party was taken, may
command the Sheriff to deliver him, as it appeareth by theWrits in the Regifler.
And if a Man be excommunicated, and taken by a Significavit, and after H
offers Caution unto the Bifhop to obey the Church, and the Bifhop do refufe,
for which he fueth a Writ to the Sheriff to go unto the Bifhop, and to warn
him to take Caution, &c. now if the Bifhop think in his Confcience, or frand-
eth in Doubt whether the Sheriff will deliver him by that Writ, the Bilhop
may purchafe another Writ dire~ted to the Sheriff reciting the Cafe, and in
[ t'4 . ] the End thereof, We command you, that by no means you deliver him the faid
A. from the Prifon aforefaid, unlefs at leaji he offers Caution by Pledges in your
Prefence to fatisfy the fame Bjhop, without the fpecial Mandate of us or of him
the faid Bihop in this Behalf. Vitnefs, &c.

(a) See R3:. Crat 7H. ? 1 m. 2 tun1, &c, ifra Ecckfiam abolvere vetij. Qure the
Canons Temp. Hi
Anid
 'rit de Cautione admittenda. 147
A And if the Bifhop do take Caution of the Party to obey Holy Church, then
the Bifhop may certify the fame into the Chancery, and thereupon the Party
fhall have a Writ unto the Sheriff for to delivcr him.
B And if the Sheriff do deliver fuch Perfons excommunicate without Order Regider 67.
of Law, then upon Complaint of the Bifhop into the Chancery, he fiall have I Lutw. 1ay
a new Writ unto the new Sheriff rehearfing the Matter, commanding him to
take the faid Perfon, and to detain him in Frifon; and alfo in the fame Writ
he fhall command the Sheriff to make the old Sheriff to anfwer the King in
his Bench for the Contempt: And if the Shcriff who fetteth the Party at large
be yet Sheriff, then it feemeth the Writ fhall be awarded unto the Coroners to
apprehend the Party excommunicated, and to caufe the Sheriff to appear, &c.
as before is faid.
C And if a Man be excommunicated before the Chancellor of Oxford, &c.
and the Chancellor doth certify this Excommunication into the Chancery, &c.
upon the fame Certificate the King thall award a Signficavit unto the Sheriff
to apprehend the Party; and the Writ fhall be fuch: Whereas of our efpecial
Favour we have granted, (a) that the Chancellor of the Uriverfity of Oxford for
the Time being may fgnify and certify by his Letters PaIe;.t to our Chancellor of
England for the Time being, of the Names of all Perkns of the 7uridiflin of
the faid Chancellor of Oxford, who are tied in the Bc;d of the greater Excommu-
nication, and that cur faid Chancellorfor the Time being may catfe our WJrits to
be made andfealed under our Great Seal, for the taking of them who fhall thus by
the faid Chancellor of Oxford be exconnunicated, and }iall continue fo for forty
Days (b) upon the Significavit or Certificate of him the faid Chancellor of Oxford
aforefaid, as in our Letters Patent thereof made is more fully contained; and John
F. Chancellor of the Univerfity aforejaid, &c. by his Letters, &c. that W. of B.
&c. of his Jurifdilionfor his, &c. as in the Writ. And qu.ere if the Univer-
fity of Cambridge have fuch Privilege ; it feemeth they have.
D If a Man be fued in the Spiritual Court, and he purchafe a Prohibition and
deliver the fame, and notwithftanding they proceed, for which Caufe the De-
fendant fueth an Attachment upon the fame Prohibition, and pendent the At-
tachment the Defendant in the Spiritual Court is excommunicated, and the
lame certified into the Chancery, by reafon whereof a Significavit is awarded
unto the Sheriff againft the Defendant for to take him: Now the Defendant a H. 4.
may come into the Chancery, and fhew how that he had a Prohibition, and
an Attachment thereupon againft the Party, and that pendent the Attachment
he is excommunicated, and the Significavit awarded to take him. (c) Now
upon that he fhall have a Superfedeas direfted unto the fEtmc Sheriff, reciting

(a) Fide Lib. Parl. Ed. t, 194. Rot. Pat. Days there might be an Appeal to the Court of
9 Ed. 3 . Pars t. m. i o. Pat. 12 Ed. 3. Pars 2. Rome.
mv.8. Pat. 14 Ed. 1. Pars I. n. 47. Pat. at (c) See the like Writ, Rot. Clauf 7 H. 3.
E. 3. Pars 3. m. z2. Pat. z6 Ed. 3. Fars i. m. 6. Quia crrfat nobis in Mandatorio xofro nos
m. 2 4.- fife Cirrumventos.
o) See zo H. 6. 25. That within the forty

U 2 all
148 Writ de Cautione admittenda.
all the Matter, commanding him not to take him ; and if he do take him
for the Occafion aforefaid, that he deliver him donec Plcztu~n dair Atachia-
ment' fuerit difcuf', &c. And this Writ fhall iffue out of the Chancery, (a)
if the Attachment be not returned into the King's Bench. But if the At-
tachment be returned into the King's Bcnch, then he fhall have this Writ
of Superfedcas out of the King's Bench, or out of the Chancery, at his
Pleafure. And it ought to appear by the Certiicate of the Bilhop, that he
hath been excommunicated by the Space of forty Days, before the Significavit
fhall be awarded.
And if a Man be fued in the Spiritual Court, or the Bifhop fue or cite him E
ex Officio, and excommunicate him, and certify the fame into the Chancery,
and upon the fame a S a;gficavit is awsrded unto the Sheriff for to apprehend
him, &c. and afterwirds the O.Ycial by Letters certify into the thancery,
that he hath appealed from that Sentence unto the Court of Rome, or unto
the Court of Canterbc;yv, Qc. then upon that Certificate he (hall have a V rit
of Superfedcas direfted unto the Sheriff, reciting that he hath appealed, con-
manding him not to apprehend him pending the Appeal in the Bufnefs abo e-
faid; or thus, to furceafe, until we /hall have ordained otherwife from ourcun-
cil, or until fuch a Day; or thus, to furceafe, &c. and he hath apprehended
him on that Occafion, then that he caufe him to be delivered out of the Prifon
aforefaid, &c. wherein, &c.
And after the Significavit awarded againft the Party, if he bring the Pope's
(b) Bulls into the Chancery, teffifying that he hath appealed from that Sen-
tence, &c. he fhall thereupon have a Superfedeas unto the Sheriff ; and in the
Superfedeas it behoveth not to make mention of the Pope's Bulls, but to fay,
That as by certain publick Infjruments, &c. And he ought to prove his Dili-
gence in fuing his Appeal by Witneffes, or by Oath, and within the Year of
the Time of his Appeal fued. And the Rule in the Regifter is, Writs of Su-
perfedeas (hanging Appeals) ought not to be; if it do not appear upon Record in
the Chancery that the Significavit is granted and paffed, &c.
And this Writ of Signiicavit doth not lie but where a Man is excommuni- F
cated by a fpecial Name, and in a fpecial Suit againft him by the Ordinary ex
Officio, or by the Party ; for that is called the Sentence of the greater Excommu-
nication, and upon Certificate thereof in the Chancery doth the Writ lie. But

(a) But yet by Aforris and Thorp, in the like And Note well 14 H. 4. 14. where on a Sen-
Cafe, they would not grant a Superfedeas out of tence given at the Court of Rome, a Delegacy
Chancery, while the Common Pleas, where the was made to the Archbifhop of Canterbury, to
Attachment is returnable, is open. 38 Ed. 3. 14. execute the Excommengement, yet the Party
(b) So that an Appeal to Rome was fufficient was fiill refponfible, for that the Archbithop did
for a Superfedeas. 20 H. 6. 26. Yet a Repeal this not as Archbifhop or Judge, but only as an
of an Excommengement made by Judges delega- Officer, and therefore he cannot ab(olve him
ted by the Pope was not fufficient to make one till Agreement made with the Party. See Rot.
refponfible againft a Certificate of Excommuni- Parliament. 8 Ed. 2. m. 7. Petitio Abatis de
cation by the Archbifhop. 16 Ed. 3. Excom' 4. Ruford

where
 Writ de Cautione admittenda. 149
where he is not efpecially excommunicated, &c. (a) although that the Bilhop
certify that he is excoanxnunicated in the Senlence of Excommunication, upon
that this Writ of Synficavit duth nct lIn, for thy ought to exprfs the Caufl,
and fue againft him fpecially in the Certificate.
Upon an Excommengement certified by the Pope's Bulls, a Significavit
flull not be granted.
If a Bifhop certify an Excommengement into the Chancery, made in Time [ 6,. ]
of his PrcdecJfor, and the Conturacy, &c. he fhall have a ignificavit there- 12 Ed 4. IS,
upon: But upon the Certificate of the Commiffary (b), or Official, of an Ex- 16.
commengement in the Chancery, and of the Contumacy, a Significavit fhall 141- . 14
not be granted; nor upon the (ertificatc of an Abbot, who hath ordinary Ju- 20 8 H.
H.6.6. 3.1.
rifdiaion, of an Excommengecent in Chancery, a Signifcavil thall not be 7 Ed 4. I4.
granted.
A If a Bifhop certify in Chancery, that another Bifhcp hath certified him that
the Party is excommunicate in his Diocefe, and fo hath remained by the Space
of forty Days; the fame Certificate is void, and a Significavit fhall not be
granted thereupon.
B If a Man be excommenged in the Spiritual Court, and the Bifhop certify
the fame in the Chancery, and hath a Writ of Significavit direEted unto the
Sheriff to apprehend the Party, and the Defendant do appeal unto the Court
of Reme, and hath Bulls and Inftruments exhibited into the Chancery to prove
the frne ; then upon thefe Bulls, &c. thewed in Chancery, he fhall have a
fpecial Scire facias, rehearfing all the Matter, direaed unto the Sheriff, to
warn the Party at whofe Suit he was excommunicated to appear in the Chan-
cery at a certain Day, to thew Caufe why he ought not to furceafe to appre-
hend the Party fo excommunicated depending the fame Appeal; and alfo
commanding the Sheriff to take fufficient Sureties, who will anfwer Body for
Body, for him who is fo excommunicated, to purfue, &c. and to do unto
the Party as the Court fhall award, and that then he do furceafe to appre-
hend him. And if the Sheriff return the Writ of Scire facias, that he hath
warned the Party, and hath fent that Writ unto the Bailiff of the Liberty,
who had given him Anfwer, that he had warned the Party at whofe Suit he

(a) Nota; Excommunicatio ant ferti' a jure, brought againfi the Bifhop; but on a general
tunc ejt pana delia', vel ab homine & tune Certificate it fhall be intended to be for the fame
ef pana Contumacia in non 'veniendo vte parendo, Caafe as is in the Prohibition, 28 Ed. 3. 97. a.
utraq; autem vel Major quia privat a Reeptione z2 Ed. 4. 20. a. 20 Ed. 3. Excom. 9. 15
Sacramentor' & ah bominum confortio quali of ho- 7. 16. See 3HI4.3.6.
die in u, and is commonly called at this Day, (h) See is H. 4. 64. a. by Hanif at the an-
Ex ommunicatio vel Minor que excludit a Pra'. cient Common Law, a Commiffary might certify
fept'
Sacramentor' eft; lata vel a lege ut per Ex-Excommunication; but he was reftrained by Par-
<ommunicationem Excommanicato, vel ab bomine liament.
licet raro. Lib. de Rubric. de Sententia Excom'. And note the Caufe why none inferior to a
Note; In certifying an Excommengement, the Bifbop can invoke the Aid of the temporal
Caufe mull be exprefled, and if not fufficient, Arm, Lindw. de Senten' Excom' rap Praterea,
the Party fhall have a Writ out of Chancery to &e. See is H. 4. 64. 7 Ed. 4. 14. but other-
affoil him. 14 H. 4. 14. It feems the Caufe wife of committing of Adminifirations or Probate
need not be certified, but where a Prohibition is of Wills.
1so Writ de Cautione admittenda.
was fo excommunicated, to appear in the Chancery at the Day given by
the Writ, &c. Now if the Party who was returned warned doth not come
to appear, then he who was excommunicated fhall have another Writ unto
the Sheriff for to deliver him, &c. if he hath apprehended him; and if he
hath not taken him, that he do furceafe for to apprehend him, &c.
And if a Man be excommunicated by the Bifhop, and after the Vicar- C
General certifieth the fame into the Chancery, becaufe the Bifhop is in renwi:,
for which a Significavit is granted, and he is taken by it ; and then he who is
apprehended, by his Friends fheweth in the Chancery how that he hath ap-
pealed unto the Court of Canterbury, which he followeth with EfTed: Upon
this Surmife he fhall have a Writ unto the Sheriff, who hath the Party ex-
commenge in his Cuftody, commanding him that he warn the Bifhop or the
Vicar-General, and him who fued the Procefs againft the Party excommengc
to appear in a certain Day in the Chancery, to fhw wherefore the Party
fhould not (pending the Appeal) be delivered ; and alfo to c:.uie the Party
excommenge under fafe Cuftody to come, and to do as the Court fhall con-
fider in the faid Caufe.
If the Bilbop do excommunicate a Man, and certifieth the fine into the D
Chancery, and thereupon a Signfcavit is awarded, and the Party taken there-
by, and he fueth Appeal in the Court of Canter ur', or of &c. and
&c'C,
hath a Scire facias againft the Bifhop as aforefaid, and againft the Party, to
anfwer in Chancery, and thew Caufe why he thould not be delivered ; by
which the Bifhop and the Party are warned, and appear not, for which Caufe
the Party is delivered: Now if he who is excommunicated will fue any Aaion
in the Common Pleas, or in the King's Bench, or effewhere, if he think the
other Party will plead the Excommunication againft him in the Common
Pleas, or elfiwhere, then he fhall have a fpecial Writ of Significavit unto the
Juftices of the Court where he fueth, rehearfing all the Matter as aforefaid,
&c. commanding them to proceed according to the Law and CutJom of the
Realm.
If the Bifhop certify into the Chancery an Excommunication made at the E
Suit of any one, and thereupon a Signifcavit is awarded, and the Party ap-
prehended; now he who is apprehended may by his Friends (hew in the
Chancery, that he fued an Appeal from that Sentence in the Court of Can-
terbury with Effed, and by Scire facias againft the Bifhop, and the Party at
whofe Suit he was excommunicated, returned at a certuin Day into the Chan-
cery: And thereupon he fhall have a Writ unto the Sheriff, rehearfing all the
Matter, commanding him thereby to warn the Bifhop and the Party to be in
the Chancery at the Day of the Return of the Writ, to thew what they can
fay, wherefore the Party fhall not be delivered ; and alfo by the fame Writ
commanding the Sheriff, that he take fufficient Sureties of the Party excom-
municated to appear in the Chancery at the fame Day, and to carry him
back again unto Prifon, if the Court at the fame Day thall fo think fit; and
in the mean time to let him go at large by his Sureties, &c. and then if at
the Day of the Return of the Writ the Party excommunicated doth not
appear, nor his Bail, then thall a new Writ be awarded unto the Sheriff to
apprehend the Party excommunicated again, &c. until qatisfaflion /hall be made
by
 Writ de Cautione admittenda. '5'
by him to Holy Church, as wellfor the Contempt as the Wrong; and alfo to arreft
the Bail to appear before the King in his iknch at a certain Day, &c. as well
to fatisfy us as the aforefaid Bijhop, and him at whofe Suit he was exconmu-
nicated ; and farther to do as the Court fhl1 award. And if at the Day given
in Chancery by the Writ of Scire facias the Bifhop, and the Party at vwhofe
Suit he was excommunicated, do appear, and alfo he who was excommuni-
cated, and the Matter cannot be determined that Day ; then Day fhall be
given over unto both Parties, at a certain Day at another Tern, &c. and th n
the Party excommunicate fhall have a fpecial Superfedeai unto the Sheriff,
rehearfing the whole Matter, commanding him that he do not apprehend
him till that Day, &c. if he have not other Commandment from the
King, &c.
A There are other Writs in the Regifter, which are called Writs of Signifi- [ 66. ]
cavit, becaufe they fhall not be granted before that the Bifhop hath made
Certifcate by his Letters under his Seal of the Matter in the Chancery, upon
the which the Writs fhall be fo granted. And the Writ is, where a Man
is a Clerk conviat of Felony, and afterwards mak-s his Purgation ; now the
Bifhop fhall certify this Purgation into the Chancery by his Letters, &c. and
thereupon the Clerk convia fhall have a fpecial Writ out of the Chancery,
dire&ed unto the Sheriff, to reftore him to his Goods and Chattels.
The King to the Sheriff of Lincolnfhire, greeting: Whereas C. of P. Parfon
of the Church of R. lately convified of Ravibment of the WJrfe of S. and of car-
rying away his Goods, being delivered to the Bijbop, as the Manner is, hath there
lawfully purged his Innocency touching the fame Crime before the jaid Ordinary, as
the fame Bijhop hath Jignified to us by his Letters Patent; We of our fpecial
Grace command you, that without Delay you reftore to the fame C. his Lands,
Goods and Chattels by you taken into our Hand, by occafon of the Premifes, unlefs
he fled upon that Occa/ion. Witnefs, &c.
And the like Writ for the Heir of the Clerk after his Death, to deliver the
Lands unto him, &c. and in the End of the Writ are thefe Words, Without
Delay of our fpecial Grace, by which it feemeth that thefe Words, Of our fpe-
cial Grace, are not neceffary Words, but Words of Form for the King's Ho-
nour, and that the King of Right ought to make fuch Reftitution.
B And if a Man do demand his Clergy before the Juffices, and reads as a Cc:gy
Clerk, and the Ordinary is demanded, and cometh not, for v hich the Juftices V'ide 4 Ed,
command the Clerk to Gaol again, &c. now at the Suit of the Ordinary, or Dyer as1.
of his Vicar-General, unto the King, or his Chancellor, he fhall have a Writ stamf. iao
out of the Chancery dire&ed to the Juftices of Gaol-Delivery reciting the
Matter, commanding them that they fend unto the Gaoler to deliver him
unto the Ordinary.
C And if a Man be taken out of a Church, or out of Sanaluary againft his sumauy.
Will: Now if the Bifhop certify the Matter by his Letters Patent under his
ea1 into the Chancery, &c. defiring Reftitution ; then the King fhall fend
his Writ unto the Juftices of Gaol-Delivery reciting the Matter, command-
ing them to bring back the Party to the Place from whence he was taken.
 151 Writ de Hornine replegiando.
If an Abbot or Prior certifieth by his Letters under his Seal, that his Monk, D
Friar, Canon, is vagrant out of his Order, &c. in the Country ; then upon
that Certificate he fhall have a Writ unto the Sheriff, to arreft and apprehend
him, and to deliver him unto his Abbot or Prior, &c. or to their Attorney,
to chaftife him according to thc Rule of his Order, &c.

Writ de Hornine replegiando.

S:amf. 71. iN divers Cafes a Man ihall not have this Writ, although he be taken and E
1 detained in Prifon: As if a Man be apprehended for the Death of a M-an,
or be taken by the King's Command , (a) or if a M-m be apprehended by
the Command of the Chief Juftice, as it appeareth by the Regifter. But the
Weflt.I.c. 5 . Statute of Weft. i. is, That he flall not be replevifable, if he be taken by
the Command of the Juftices, and doth not fiy of the Chief Juftice.
And alfo if a Man be taken by the Command of the Juftices of the Foreff,
or if a Man be outlawed, or if a Man abjure the Realm, or if a Man be
Approver, or if a Man be taken for Felony with the Manner; or thofe who
break the King's Prilbn, or thofe who are common or knovn Thicee, or thofe
who are appealed ly Approver fo long as the Approvers live, if they be not of
gpod Fame, or for burning of Houfes felonioufly, or, thofe who counterfeit
the King's Money, or the King's Seal, or thofe who are taken by Certificate
Poft. 189. of the Bifhop by a Writ de Excomniunicato capiendo, or thofe who are appre-
hended for Treafon, or thofe who are convi6t by a Writ of Redift f/in, &c.
all thefe Perfons are not bailable by this common Writ de Homine replegi-
ando. But firft they ought to make their Fines, or agree with the King, and
thereupon to have a fpecial Writ to the Juffices, or thofe who do keep them
in Prifon, reciting how they have been fined, commanding them for to de-
liver them.
s'. 4. a. (b) And if two or three Men be taken and imprifoned, they may fue a F
butSH. 4. 6. joint Writ de Homine replegiando. And yet H. 8 H.4. 34 . fuch a Writ fued

r
n y two was abated; but yet it feems the Law is, they may fue jointly, and
9H 4. . the Writ fhall be fuch:
The King to the Sherif of Lincolnfhire, &c. We command you, that jf/lly
and without Delay you caufe to be replevied B. C. and D. whom you yourfelf have
taken, and doft keep taken, as it is faid; or, whom D. and E. have taken, and
do keep taken, as it is faid, unlefs they were taken by the fpecial Command of us,
or oJ our Chief juflice, for the Death of Man, or for our Forefl, or for a7y other
RIght for which they may not be replevied according to the Cul~cm of England,
that we may hear no more Clamour thercupon for want of ufice. Witnefs, &c.

(a) See 14 H 6. 8. A Diverfity where one them without ary Writ fon the King; but it is
is imprifoned on a Suggeflion without Writ, as otherwife if they are irrprifoned by Writ.
by Juffices of Peace, Magifltrae of a Town, or (b) See accordant 8 Ed. + 16. a. 1a Ed. 4. 4.
Lord of a Vill or Manor, on the Statute of La- ro*. 8 11. 4. 21. b.
hourers, &c. there he may be difcharged by
And
 Writ de Homine replegiando. 15;
And upon that he ihall have an Alias and Pluries, and Attachment, if
need be. But if he who apprehendeth the Man do claim him as his Villain,
and the fume is returned by the Sheriff upon the Alias or the Pluries, then the
Plaintiff thall have another Writ of Pluries to the Sliriff, thus:
The King to the Sheriff, &c. Whereas we have oftentimes commanded you, that [ 67 J
jufily, &c. W. whom H. took, and keeps taken, as it is faid, unlefs he was ta-
ken, &c. and be not replevifable, or thatyou Jould.fignity to us the Caufe where-
fore, &c. and you have returned to us, thatyou went to the Manor of the afore-
faid H. there to replevy the aforefaid W. according to the Tenor of our Command
aforefaid; but the aforefaid H. hath not permitted Delivery of the Body of him
the faid W. to be made, becaufe he affirmeth him the faid W. to be his Villain
and Fugitive of his Manor aforefaid, by claiming Right of Villainage and Servi-
tide in the Perfon of him the jaid W. within the Dominion of his Manor, &c.
We being unwilling that the aforefaid W. if he be a Freeman, Jhould be defitute
of the Common Law by fuch Taking and Claim, command you, that if the afore-
faid W. Jallfind you fufficient Caution, &c. to be before us from the Day of
Sainzt Michael in fifteen Days, &c. to anfwer the aforefaid H. if, &c. then caufe
him the faid W. in the mean time to be replevied according to the Tenor of our
Commands, &c. And neverthelefs, if the aforefaid W. Jhall make you fecure
touching his Claim, &c. then put by Gages, &c. the aforefaid H. that he be befcre
its on the afar faid Day to anwer the aforefaid W. of the Taking and Claim afore-
faid: And havue you there the Names of the Pledges and this Writ, &c.
And in the fame Manner it fhall be done in a Homine replegiando: If the i H. 4. z.
Defendant claim the Plaintiff as his Ward, then upon that returned at the
Pluries by the Sheriff, the Plaintiff fhall have a fpecial Writ as aforefaid, re-
citing that he holdeth the fame Land of the Defendant by Socage, and not by
Knights Service; commanding the Sheriff for to deliver him, and to admit
the Defendant by Pledges to appear at a certain Day, as afore is faid, to anfwer
unto the Plaintiff, &c.
A And if a Man be taken within the Cinque Ports, then he fhall have a Writ
de Homin;le replegiando, dire~ted unto the Conftable of Dover, and unto the
Warden of the Cinque Ports, or his Lieutenant, in the Nature of an Audita
Querela, and the Writ fhall be,
The King to his beloved, &c. Conflable of his Caftle of Dover, &c. and to the
Warden of his Cinque Ports, or his Lieutenant, greeting: We command you, that
having heard the Complaint of A. whom B. took, and keepeth taken within the
Liberty of the Ports aforefaid, as it is [aid, and having called before you the
Parties aforefaid, and having heard their Reafons feverally thereupon, you ca:f
him the faid A. to be replevied, if he be replevifable according to the Law and
Cufom of the Ports aforefaid, unlefs he be taken by the fpecial Command of us or
of our Chief fufice, &c. that we may hear no more Clamour thereupon for want
of 7uffice, &c.
And if a Man be taken by the Officers of the Foreft, then he fhall have a
Writ de Homine replegiando unto the Keeper of the Foreft, in fuch Form, viz.
The King to his beloved andfaithfl W. of B. Keeper of his Foreft on this Side
Trent, or his Lieutena=t in the Foreft of S. We command yu, that if A. a;d B
a sid detained in the Frcult of S, for Trefpa/v of Venyon .)y them done, as it
x
 xp Writ de Homine replegiando.
is faid, whereof they are indilled, flaall each of them find you (to wit) tlelev bo-
neft and laufi! Men of your Bailiwick, who fhall be Mainprize, to hav-'e them
before our Juffices (a) next in Eyre at the Pleas of the Foreft in the County of N.
when they }hall come into thofe Parts, to fland to the Right touching the Trefpafs
aforefaid; then in the mean time that you deliver them the aforefaid A. and B. 'n
Bail to the aforefaid twelve Men, as is before faid, if according to the A e of the
Foreft they )hall be replevifable: And have you there the Names of tht tweke
Men and this Writ. Witnerf, &c.
And if the Warden will not bail him, he fhall have an Alias and Pluries B
againft the Warden, dire&ed unto the Sheriff, to attach him to anfwer before
the King in his Bench, and to fhew wherefore he has not replevied him, &c.
And in the fame Writ it fhall be contained, that he call to him the Verde-
rors, to deliver him who is fo taken in the Prefence of the Verderors by good
Bail, and that the Sheriff do deliver the Names of the Bail unto the fame C
Verderors, to anfwer before the Juftices in the next Eyre. And no Man thall
be taken nor imprifoned for Vert or Venifon, if he be not found in the Man-
ner, or indided; in which Cafe he (hall be fet to Bail by the Warden ex
Qffcio, or otherwife by Writ, as is aforefaid, &c.
For hunting in the King's Chafes, or in the Chafes of other Men, he ought D
to be fued at the Common Law; and for the fame a Man thall not be taken
and imprifoned, until he be conviaed at the Common Law in an A&ion there
brought againft him. But for hunting in Parks, &c. the Party thall have an
Afion within the Year and Day upon the Statute of We. I. cap. 20. But
after the Year and Day the King fhall have Suit.
Replevin of a And if a Man hath any Park within the Bounds of any Foreft, which Park E
Park. is not inclofed according unto the Affife of the Foreft, &c. then it fhall be
feized into the King's Hands; and then the Party fhall have a fpecial Writ of
Replevin, to replevy a Park out of the King's Hands: And the Writ is fuch;
The King to his beloved and faithful W. B. Keeper, &c. or to his Lieutenant
in the Foreft of S. greeting: We command you, that you caufe to be rep"'vied the
Park of A. of B. and J. (to the fame A. until the Coming of the 7ujiices of the
Pleas of the Foreft in the County aforefaid) which is within the Boundaries of cur
Foreft aforefaid, and which is ^eized into our Hand, becaufe it is not inclofed ac-
cording to the A/ife of the Foreft, as it is faid, ifit be repkviable ccrding to
the Afife of the Foreft. Witnefs, &c.
H.7.
7 3. In a Homine replegiando the Defendant claims the Plintiff for his Villin, F
13 H. 7. 17. and the Plaintiff pleads that he is free, and faith that the Defendart hath
but the better taken his Goods, and prays that he may gage Deliverance, &c. for which
ttitisn the the Defndant doth gage Deliverance. But the Hlaintiff hall not find Surc-
Judges Dif- ties that he fhall re-deliver the Goods, &c. if he be four.d Villain. Quod vide
cretion. But M.L 6 Ed. 4. S.
6 Ed. 4. 8 & But in a Homine replegiando, if the Defendant claim the Plaintiff as his Vil- G
t 2 Ld. 4 a lain, the Plaintiff ought to find Sureties to deliver his Body
that he flial . to the Defendant,
od dae
notfinaurety. if he be found his Villain. Quod vide P. 31 Ed. 3-

(a) See Rol' Or im anno 5 Ed. 2. of Indiaments of the Foreft.

In
 Writ de Replegiare de Averiis. I%5
A In a Honine repleg' the Plalntilf was bound in a Recognizance in a certain [68.]
Sum of Money unto the Defendant's Ufe, that he would fue him cu effeflu;
and if the Writ be abated for any Caufe, yet he ought to fue another W i~it for
that Taking, &c. otherwife he fhall forfeit that Recognizance, as it appeareth.
H. 8 H. 4.
B If a Man fue a Honine repleg', and the Defendant claim the Plaintiff for his
Villain, if the Sheriff return the fame upon the Alias, or upon the Pluries, in
the King's Bench or Common Pleas, where the Writ is returnable; then upon
Sureties found in Court where the Writ is returned by the Plaintiff to yield
his Body, &c. he fhall have a fpecial Writ unto the Sheriff for to deliver the
Plaintiff out of Prifon, &c. But by the Regifter he fhall have a fpecial Writ
unto the Sheriff to take Sureties of the Plaintiff, and to fue with Effe&, and
to yield his Body, if, &c. But the Ufage at this Day is, that he find Sure-
ties in Court, &c. and not to award a Writ unto the Sheriff to take Sureties.
Quod vide M. 8 H. 4* 3*
C And in a Homine repleg', if the Sheriff return that the Defendant hath ef-
loined the Plaintiff's Body, fo that he cannot deliver him ; then the Plaintiff
Ihall have a Capias in Withernam to take the Defendant's Body, and to keep
the fame quoufque, &c. (a) whether he be a Peer of the Realm, or other com-
mon Perfon. And if the Sheriff return Non efjinventus in this Capias in Wi-
thernam of the Body, then the Plaintiff (hall have a Capias in Withernam againft
the Defendant's Goods, &c. Quod vide M. i i H. 4. in Title of Withernam. I 1f.4. 15.b.

(b) Writ de Replegiare de Averiis.

D I F a Man take more live Cattle than one Beaft, then the Writ is
fach:
X 2 The

(a) A Capias lies againit a Peerefs of the Realm Return of the Pluries, the Plaintiff, and alfo the
on a Refcous, returned made by the Baron. Defendant appear, they may plead, &e. And
11H5. I4 . alfo (by Auston) if the Defendant appears, he
(b) Note; A Replevin is Vifcontiel by rea- may compel the Plaintiff to Count (infianter)al-
fon of this Claufe, Et pollea eam indejufie dedu- though they have no Day in Court, and by the
ci fac'. But by the Pluries, without Queflion fame Reafon may caufe the Plaintiff to be called
the Sheriff's Power to proceed in the County upon a Nonfuit. See 22 H. 6. zy. Bromfeet's
Court is determined ; as was clearly held by all. Cafe. 2 H. 7- 5. But the Defendant without
If the Sheriff does not execute the Writ, but re- Doubt is not compellable to come in at the Day
turns Elongata, it was doubted if the Sheriff fhall of the Plaries, but if he does, he may plead
execute the Writ, by reafon the Words ('veliffie with the Plaintiff, and the Plaintiff may find
fit) are Conditionals. 2 H- 7- 5- Pledges in Court inftantly. See R. Entr. 56o.
Note; on the Pluries the Parties have no Day b. where the Plaintiffat the Day of the Return of
in Court, but only the Sheriff ; yet he may re- the Pluries (if the Writ be executed) may have
turn Pledges on the Pluries, or on the Replevin an Attachment againfi the Defendant adrepond'
ifit be found; and yet the Plaintiff may come at de placite quare cepit Averia, &c. R. Entr 570.
the Return of the Pluries, and take iue on the Or if the Sheriff returns Elongata, then the
Caufe returned by the Sheriff, fo as to intitle Plaintiff Thall have a Withernam, wherein is alfo
himfelf to Damages againfi the Sheriff, and the contained an Attachment againft the Defendant ;
King to a Fine for his Contempt. But if at the and by the Wihernam Day is given to both Par-
tics,
 156 W4rit de Replegiare de Averiis.
Plow. z23. a.The King, &c. We connand you, that jify and without Delay you caufe to be
reph!;vied (a) the Cttle 6f B. wbich D. took and unjifly detains, as it is faid,
and afterwards thereupon cazife him juffly to be removed, iat we may hear nj
more Genicur thereapon for wan! of Yuflice, &c.
But if h take but one live Beaft, then the Writ ftiall be,
The King, &c. We conmm;and you, that you caufe to be replevied to B. his cer-
tain Ilorfe, or his certain labouring Beafi, or his Ox, &c. (b).
Dyer zc9.a. And if a Man take a dead Chattel, then the Writ fhall be,
The King, &c. We command you, &c. that you caufe to be replevied to B. his
Goods and Chattels. And in the Count he ought to declare of divers Things:
But if he take but one Thing which is a dead Chattel, then the Writ fhall be,
The King, &c. We command you, &c. that you caufe to be replevied to B. a E
certain Net, or a ce.tain Swarm of his Bees, or a certain Iron of his Mill. And
if the Sheriff doth nothing upon this Writ, then he fhall have an Alias repleg'
fac', &c. and in the fame Writ he may have this Claufe; Or fignify to us the
Caufe why you would not or could not execute our Command heretofore direfled to
you thereupon, &c. And then this Writ fhall be returned into the (c) King's
Bench or Common Pleas. And if he do not ferve this Writ, then he fhall
have a Pluries returnable into the King's Bench or into the Common Pleas.
And in the Pluries is always this Claufe ; Vel caufam nobisjfgnifces: But not
in the Alias repleg', if not that the Party will have it put in the Writ. And
the Plaintiff may fue all thefe Writs forth together, viz. the Replevin, theAlias.
and the Pluries, and deliver them unto the Sheriff all at one Time, if he fo fee
good. And if the Sheriff doth not return the .Pluries, then the Plaintiff may
have an Attachment againft the Sheriff (d) direfted unto the Coroners.
And

ties, to that if the Writbernrm be returned tarde, (b) So it may be of a Horfe, &c. and if the
then the Defendant at the Day may compel the Sheriff make Deliverance of a Horfe to- th-
Plaintiff to Count ; but otherwife it is, if the Defendant, he fball not have Trelpafs, becaufe
WFthernam be not returned ferved, becaule then he might have claimed Property; but of a
the Parties have no Day in Court but by the Stranger's Horfe not Party to the Writ, he may
Roll, and therefore the Plaintiff cannot be Non- have Trefpafs againft the Sheriff. 14 H. 4. 24*
fuit, but may Count. zz H. 6. 22. by Ne'wton. z Ed. 4. 16 & 54. And quare, Whether,
A Nonfuit was in Replevy, where the Plain- Trefpafs lies againft the Sheriff for replevy-
tiff did not find Pledges; but if the Plaintiff has ing a Stranger's Beaft, by the Plaintiff's own
found PledgeF, and the Sheriff on the Attach- Shewing or Diretion. Kew. t 19. per 'fod.
ment in the Withernam returns that the Defen- (c) See Dyer t89. A Return in Chancery, and
dant Nibil, yet it feems he may come in by a note by the Pluries the Power of the Sheriff is
Day on the Roll, and the Plaintiff thall be call- determined. ii H. 4. 49.
ed; and if he be nonfuited, a fpecial Writ of (d) See 44 p1 An Attachment againft
15.
Delivery on the IWUtrnam tball be granted to the Sheriff to have a Replevin direCted to the
the Defendant, and a Retuin of the Bealls; not- Coroners, and the Sheriff returns the Attach-
withilanding the Return of the Sheriff, if in ment & Elongaia for the Bealls; whereupon a
Truth the Sheriff had made Deliverance of them Difiringas againft the SherifF, with a Wither-
to the Plaintiff or not, and fo force the Plaintiff nam, iffued, and he returns the D:bringas with
zo a Jecond Deliverance. Dyer a89. yuaere if a Taking in Witbernam; and now comes the
the Writ of fecond Deliverance be not taken Plaintiff, and prays a Writ of Deliverance of
away by a late Statute. the Beafts taken in Withernam; and the Defen-
(a) And he may count of feveral Takings, dant comes and prays, that the Plaintiff may
Part at one Day and Place, and Part at another gage Deliverance of them, for that Part of the
Day and Place. z9 Ed, 3. 23. adjudged. leafts fo taken were dead in Found, &r. and
 Writ de Replegiare de Averiis.
F And it appearcth by the Regifter, that if the Sheriff return upon th '
vin, Sicut alias or Pluries, that he hath fent unto the Bailiff of the Fra ife,
&c. who hath given him no Anfwer, or that he will not makc Delivera ce,
&c. then the Plaintiff fiall hlve a Non oaitas unto the Sheriff, that he enter
into the Franchife and make Return; and if the Sheriff doth not do fo, he
fhall have an Alias non omittas direted unto the Sheriff, and afterwards a
Pluries non omitt', &c. But it feemeth that that Return, That I commanded
the Bailif of the Liberty, &c. who gave me no An/wer, or the Return that the
Bailiff will not make Deliverance of the Cattle, are not good Returns. For
by the Statute of Wef. i. cap. 17. in the End of the Statute it appeareth, that
the Sheriff upon fuch a Return made to him by his Bailiff, ought prefently
to enter into the Franchife, and to make Deliverance of the Cattle taken:
And fo it appeareth the Sheriff may do by the Statute of Marlebridge, cap. 2 1.
If a Plea of Withernam be in the County by Plaint before the Sheriff, and the
Sheriff fend unto the Bailiff of the Liberty to make Deliverance, and the Bai-
liff doth nothing, that then the Sheriff ex Officio may enter into the Liberty
without any Writ dire&ed unto him in that Cafe.
G (a) And if the Sheriff upon the Pluries return, That the afore/aid B. took
the Cattle of the aforefaid A. and hath driven them out of the County aforefaid
into the Couwy of T. wherefore he could not replevy them to the faid *1.&c. or if
the Sheriff return, that he fent to the Bailiff of the Liberty of D. who hath
Return of Writs, &c. who gave him Anfwer, that the Cattle are efloined into
divers Liberties, by reafon whereof he cannot have a View of them, nor de-
liver the Cattle; or if the Sheriff return, that he himfelf cannot have View of
the Cattle to deliver them; or if he return, that after the Taking, &c. that
the Defendant hath efloined the Cattle out of his Bailiwick that he cannot
deliver them ; or if he return, that the Defendant hath efloined them into un-
known Places, that he cannot have View of them to deliver them i or if the
Sheriff return, that he fet unto the Bailiff of the Liberty,. who anfwered
him, that the Defendant had impounded the Cattle within the Re6tory of the
Church of C. for which Caufe he cannot deliver them, &c. Upon thefe Re-
turns made by the Sheriff, the Plaintiff fhall have a Writ of Withernam to
take as many of the Defendant's Cattle, directed unto the Sheriff; and the
[ 69. I
Writ ftiall be fuch:

the Refidue he is ready to deliver; and be. On a P/ark, to he Sheriffs of Londo7, they
caufe he had not Part (ready) at the Day in return the Cuflom of the City, that Replevin
Court, the Plaintiff was direded to fue a Writ ought to be made in the Sheriff's Court there,
to the Coroners to deliver the firft Beafts, and and not by the King's Writ; & non'a//oratur,
to attach the Defendant to anfwer, and on the and an Attachment was granted. Dyer 254.
Return thereof the Plaintiff might plead, &r. See a Replevin againfi him who difirained for
(a) If the Sheriff return that the Beafts are the King for fifteen Shillings, 20 Ed. 3. Avowry
inclofed in a Park among Savages, or inclofed 130. 19 Ed. 2. 44voWrY 223. and note on an
in a Caftle, &c. he fhall be amerced, and ano- excefive Diftrefs the Plaintiff mayrecovcr Da.
ther Writ of Replevin fhall be awarded; for he mage there. II R. 2. d.v0'wry 87.
ought to have taken the Pofe Comild. 8 H. 4.
for it was a Denial. ac8.
 158 Wr'it de Replegiare de Averiis.
Withernam. 7'he King to the Sheriff, &c. Whereas we h-ave oftentimes commanded y-u, that A
jufly, &c. to A. his Cattle, wLbich B. &c. detains, as it is fid, or jhoulJ fignify
to us the Caufe why you wodd not or codi not cxecute our Command more than
once direfled to you thereupon; and you have Iignfied to us, that after the afore-
faid B. took the Cattle of the aforefaid A. he drove the fame through yur Cunty,
and from the County aforefaid into the County of C. wherefore you could not re-
plezy them to the faid A. We being oppofe the Malice of him the faid
tlling
to
B. in this Matter, do canmnand you, that without Delcy you take in 7Ithrnam
the Cattle of the aflrefaid B. in ;cur Bailiwick, and detain them until you c-an
replesy to the faid A. /is Cattle aforefaid according to the Cuftom of our Ree/,
according to the Te;or of cu; faid Commands heretofore diretted to you, &c.
And note, that in the Writ of Withernam the Caufe which the Sheriff re- B
turned upon the Pluries, &c. ought to be put and rehearfed in the Writ of
Withernam, as before is faid. And if the Sheriff return upon the Pluries, that
he hath fent unto the Bailiff of the Liberty, and that he anfwers him, that
the Beafts are efloined, &c. then he fhall have a Withernam dire6Hed unto the
Sheriff, and the Sheriff fhall fend his Bailiff into the Liberty to fue the Wi-
thernam; and if the Bailiff do not Execution, nor give anfwer unto the She-
riff of the Precept direced unto him, then the Plaintiff fhall have a Withernam
dire&ed unto the SherirF, with Non omittas becaufe of any Liberty, &c. but enter
the fame, &c. and to take the Cattle in Withernam, &c.
(a) And it appeareth by the Regifter, if a Man fue a Replevin in the C
County without Writ, and the Bailiff return unto the Sheriff, that he cannot
have View of the Cattle to deliver them ; then the Sheriff by Inqueft of Of-
fice ought for to inquire thereof: And if it be found by the Jury, that the
Cattle are efloined, &c. then the Sheriff in the County Court may award a
Vithernam to take the Defendant's Cattle. And if the Sheriff will not award a
ifJithernam, then the Plaintiff thall have a Writ out of the Chancery directed
unto the Sheriff, rehearfing the whole Matter, commanding him for to award
a Withernam, &c. And he may have an Alias, and after a Pluries and Attach-
ment againft the Sheriff, if he will not execute the King's Command, &c.
(b) And a Man fliall have a Replevin of divers Cattle that are taken; as D
if a Man take divers Cows or Sheep, and aftcrwards they have Calves or
Lambs, the Plaintiff fhall have his Replevin of them all, as well as of the
Cows and Sheep which were taken.
And the Sheriff, upon a Complaint made unto him of taking of the Cat- E
that a Precept tie, may command his Bailiff by Word for to replevy them (c); and the
to the Bailiff
by Word is as good as by Writing.

(a) See 3 o Ed. 3. 23. By the Ufage of the City Mariebr. c. 21. and there the Sheriff himfelf
of Northampton, the Frankpledge of the Vill is Judge. z S H 6. Retorn' de '. 17 D)cr
may make Deliverance in the Ablence of the 243. But if the Party (Defendant) claims Pro-
Bailiff. perty, the Sheriff cannot in tl.t Cafe make
(b) Where on the Iffue, that he did not take, Replevin.
and the fpecial Matter found, it fhall be adjudg- See a Replevin againfl Executors of Gods
ed for the Plaintiff. i8Ed.3* 43. See izEd. taken by the Teflator, 14 H 4. 29. 33 Ed. 3-
4- 5- A,;o7tury 257. See a Replevin of Beafts,
(c) He may command his Bailiff on a Plaint Domus & Ecdie capt' tempore predeceoris,
made to him, and this is by the Statute of 91H.6. 2a,
fame
I
 Writ de Replegiare de Averiis. '59
fame is as well as if the Sheriff had made his Warrant to his Bailiff to have
replevied them; for it may be that the Sheriff nor his Bailiff cannot
write, or that they may want fuch Things wherewith they may write a War-
rant, &c.
F And the Lord thall have a Replevin, if his Villain's Cattle are taken; and Infi. 145 .b.
yct he had not Property in them at the Time of the Taking, but now by his 33 Fd. 3.
Claim he hath, &c. But it feemeth he fhall not have Damages for the Taking Re evin 43.
of the Cattle, but only for the Detaining of them, if the fame be found for 14 H. 4. 4.
him. 9 H 6. 26. 42 Ed. 3. 28 or 8.
G (a) And if a Man take Cattle for Damage-feafant, and the other tenders
Amends, and he refufeth it, &c. now if he fueth a Replevin for the Cattle,
he fhall recover Damages only for the Detaining of them, and not for the
Taking of them, for that the fame was lawful, and therefore no Return fhall
be. See 22 H. 7. 30. contra in Cafe of Trefpafs.
H And if the Lord diffrain his Tenant's Cattle wrongfully, and afterwards
the Cattle return back unto the Tenant; yet the Tenant thall have a Replevin
againft the Lord for thofe Cattle, and fhall recover Damages for the wrong-
ful Diftraining of them, becaufe he cannot have an A6tion of Trefpafs
againft his Lord for that Diftrefs : But againft a Bailiff or Servant he may.
i H. 6. 7.
(b) And if a Man do difirain Cattle in one County, and drive the Cattle
into another County, the Party may fue a Replevin in which of the Counties
he will, but not in both the Counties. See 19 H. 6. 34, &c.
K And if the Cattle of a Feme fole be taken, and afterwards (he marry a
Hufband, the Hufband alone may have a Replevin. Quod vide 9rrin. 33 Ed. 3*
See 33 Ed. 3. p1. 43. Bro. Bar. & Fem. 85. contr.
L (c) And in a Replevin, if the Plaintiff do declare, that the Defendant yet
hath and detaineth the Cattle, and the Defendant doth appear, and afterwards

(a) See 27 Ed, 3. 8. b. 45 Ed, 3- 9. But if (h) See where Replevin does not lie in this
the other had them in Pound before Amends Cafe, but he is put to his Writ on the Statute,
tendred, it is then too late to tender the Amends, and therefore the Writ to the Sheriff of the
and on the Avowry the Defendant Thall have no County where the Beafts were taken was
Return till a new Tender, and then the Party abated. Temp. Ed. i. Avowry 194. Dyer 169.
may have Detinue. Zyare 13 H 4. 17. Pofl..84.P. See i9H.6.34. ziH.6.-
14 H. 4. 4. And if he tenders bJfore the IsH 4. o. 4 z Ed, 3, -
Taking, the Taking is tortious, 7 Ed 3 . (c) So if the Defendan~t claims Property, or
and if immediitely on the Taking, the De- fays thzt he did not take, &c. If in the mean
tainer is fo, and he may recover Damages for Time the Beafts die, or are fold, fo that he can-
it, and no Return thall be awarded to the Lord. not have a Return, he may recover all in Da-
45 Ed 3- 9. mages, if it be found for him. 7 H 4. 1 8.
If the Tenant tenders his Fealty, and yet the the Defendant claimed Property in C. B. and
Lord d& ains and ai ows for it, the Tenant can- they are at Iffue, and it was found for the
not plead the Tender, without faying he is fill Plaintif, it feems he fhall recover the Value of
ready to Ferform it, and he ought to make the the Thing taken, and his Damages. ii H. 4. TO.
Fealty in Court. See 3 Ed. 2. .vdau'w 187 If the Defendant makes Conufance and avows,
If the Tenant tenders his Hcma ge, and the and after Day given over makes Default, the
Lord refufe, he cannot afterwvards ditrain ibr it, Plaintiff thall recover his Damage4 by Taxation
without a new Demand and Refufal. 20 Ed. 3* of the Court. 14 H. 4 . 2.
~ 1.
123
maketh
 160 Writ de Pone de remover le Plea.
maketh Default; the Plaintiff thall have Judgment to recover all in Damages,
as well the Value of the Cattle, as Damages for the Taking of them, and h.
Cofts. M 8 II. 8. Rot. io8. See Lutw. I150.

See the Record

IEerc.oCo. Urit de Pone de remover le Plea.
JLntr.6io,6i i.

N if the Plaintiff
OTE, Defendantbewill
a Replevin
That if or by Writ
fuedremove thatout.
Plaint out Chancery,
of the then M
of the County
into the Common Pleas or King's Bench, he ought to fue a Writ out of the
Chancery, which is called a Pone; and the Writ fhall be foch:
The King to the Sherif of Lincoln. At the Petition of the Plaintiff put befcre:
our 7uflices at Weftminfter fuch a Day, the Plea which is in your County by our
Writ between A. and B. of the Cattle of him the faid A. taken and unjujly, de-
tained, as it is jaid, and fummon by good Summoners the aforefaid B. that be be
then there to anfwer the aforefaid A. thereupon: And have you there th/e Sum-
moners, and this Writ.
And if the Writ of Pone fhall be removed into the King's Bench, then the
Writ is fuch:
The King, &c. At the Petition of the Plaintiff put before us, whereforer we-
jhall then be in England, the Plea, &c.
(a) And this Writ is fued for the Plaintiff without putting any Caufe in the
Writ of the Removement, &c.
[ 70. ] But if the Defendant will remove the Plea in the County upon a Replevin A
fued by Writ, then he ought to put an evident Caufe in (b) the Writ after
the refle of the Writ; and the Form of the Writ is fuch:
9lhe King to the Sheriff, &c. Put before our ffices at Weftminfter fuch a
Day, the Plea which is in your County by our Writ between A. and B. of the
Cattle of him the faid A. taken and unjyftly detained, as it is faid, and tell the
aforefaid A. that he may be there if he will, to profecute his Plea thereupon again#f
,the aforefaid B. And have you there this Writ and the other Writ: Witnefs, &c.

1a) Pane (at the Defendant's Suit) loyaeam tball never abate: And for that the Court in this
qyue eji in Corn' to' int' A. & B. de Averizs ipflusCafe is leifed of the Plaint, but the Plaintil has
A. capt', &c. and fays prefalo B. where it no Day ; the Court thall make a fpecial Writ to
thould be prefat' A. Rolph came for A. the the Sheriff, to w'arn the Plaintiff to purfue his
Plaintiff in the Replevin, and prayed Damages, Plaint Etficfiaumfuit, 3 H 6. 2. A Plaint
becaule otherwife he had no Remedy; for the is well removed, although the Pone bears Date
Pone is abateable, and fo held the Court, before the Plaint entered. I R. 3- 4. So if
being without Warrant; and yet it (hall not be the Plaint be removed by Crticarn, where it
remanded becaufe both are the King's Courts, ought to be by Pone or Recordari. See 7 Ed 4.
and a new Pone does not lie in thi! Cale, becaufe 23 So if one Plaint is removed where ano-
the Plaint thall Rand. Martyn, Baker and Pa- ther ought to have been, ibid. or where there
flon contra, That a Pone or Recordare is only to is a Variance betwee.i the Plaint and the Writ.
remove the Plaint, fo that when the Plaint is 6 Ed. 3- 3;. 8 Ed. 3. 71. bee 13 Ed. I.
removed, the Pone or Recordare is determined, Admeauzrement 17.
and the Court (hall hold Plea on the Plaint, and (b) But the Caufe may be traverfable, for
not on the Writ of Recordare, fo that the Pledges that both are the King's Courts. Fide the Note
firil found fIl remain, and the Powe or Recordari fupra & PoI. i9. G.
And
 Writ de Pone de renover le Plea. 161
And becaufe the aforefaid B. took the Cattle afore/aid within his Fee for CnufIoms
and Services due to him, as it is fJid, if the Caufe be true, and the aforefaid B.
requires it, let Execution of this be done, ad otherwyfe niot. And he (a)
bt
may fhcw divers other Caufes: Becaufi' the aforepifd B. and C. took the Catlde
aforefaid in the Fee of himz the faid B. for Cufo;ns, &fc. let Execution be done,
&c. as above. Or thus : Becaufe A. the C!crk of D. Sher;j f the County afore-
faid, who frequently in the Abnce of ihe Sherif of the County holds the Pleas of
the fame County, is the Kinfnan of the aforefaid A. for which the fame Sherif
favours him the faid A. in the Plea aforefaid, as it is faid, let Execution be done,
&c. as above.
And he may ftiew any Caufe which induceth any Favour that the SheriffPoll. i19.
doth or is like to do unto the Plaintiff. Or thus: Becaufe the aforefaid B. claims
the aforeffid A. to be his Villain, and for that Reafon ajferts the Cattle aforefaid
to be his own, for which that Plea ought not to be brought in the County, as it
faid, let Execution be done, &c. as above.
And if a Replevin be fued by Writ in any other Lord's Court than in the
King's Court, then the Plaint cannot be removed before the Juffices by the
Plaintiff, nor by the Defendant, without putting Caufe in the Writ; and the
Writ is, At the Petition of the Plaintiffput the Plea which is in your County by
our Writ between R. and the Abbot of W. and I. of a certain Horfe of him the
faid R. taken and unjufly detained, as it is faid; and fummon by good Summoners
the aforcfaid Abbot and I. that they be then there to anjwer the aforefaid R. there-
upon: And have you there this Writ and the other Writ: Witnefs, &c. Becaufe
the aforefaid Abbot is Lord of the Court in C. wherein that Plea dependeth by
Return of our Writ, by which the fame R. cannot obtain 7uftice in the Plea afore-
faid in the fame Court againfi the aforefaid Abbot and I. as it is faid.
And if the Plea be removed at the Suit of the Plaintiff, then when he hath
fhewed Caufe in the End of the Writ, he fhall fay afterwards in the fame
Writ, For which the fame Complainant cannot obtain 7uftice in his Plea aforefaid
againfl the aforefaid B. in the fame Court, as it is faid.
And if the Plea be removed at the Suit of the Defendant, then after Caufe
thewed in the Writ it thall be faid, For which the fame Bailiff favours him the
faid A. in his Plea aforefaid, as it is faid. Let Execution be done, &c. as
above (b).

(a) Per Rolph, the Sheriff cannot return that no Procefs ; but if the Plaintiff appears, and the
the Caufe i3 not true, 7 H. 6. 32. and notwith- Defendant makes Default, a Difringas fhall
flanding the faid Caufes, the Defendant may iffue, and after that Procefs of Outlawry. But
avow for Damage-feafant. i0 Ed. ;. Avowry if the Plaint be removed by Pone or Recordare
23, 515. 2oEd 3. A4vowy 53o. by the Plaintiff, there if he makes Default, it
(b) See 21 H. 6, So. If the Plaint be removed is a Nonfuit if the Defendant Pon' per Pad', and
by the Defendant by Pone, at the Day in Bank thereon iffues a &c. and fo Procefs
the Plaintiff fhall be called on a Nonfuit; and if of Outlawry.
he make Default, a Return be awarded and mhall

Y
Writ
 162.

Writ de Recordare.
6H-.4. . XX7 HEN the Plaint is in the County, and the Replevin fued there with- 8
6 Ed. 6. VIV out Writ; then if the Plaintiff or Defendant will remove that Plaint.
Plow. 74. he ought to fue a Writ of Recordare out of the Chancery directed unto th
It appeareth Sh
by the Rei Sherift; and the Writ fhall be fuch:
ier 6 & 7. Br. (a) The Kng to the Sheriff of Lincolnfhire, greeting: We command you, that
Cufe de re in your jid!County you caufe to be recorded the Plaint which is in the fame Cowui y
moverPle 36. without our Writ, betiwcen A. and B. of the Cattle of him the faid A. taken a;.
thadaby Re unjufily detiiJned, as it is faid, and have that Record before our 7uflices at Weft-
hall re minfler jkch a Day, &c. under your Seal and under the Seals of four law/u:
ved extraDar. Knights of the fame County of them who were prefent at that Record, and prefix
fame Dey
ham & Ce:/ i- the to the Parties, that they be then there to proceed in that Plea as it
am: Yet herefiball be juf : And have you there the Names of the aforefaid four Knights and

RCourts of this Writ: Witnefs, &c. Let Execution of this Writ be done, if the aforefaid A.
requires it, and otherwife not.
27 H. 6. 3. And thereby it appeareth that the Plaintiff may remove the (b) Plaint by
Quers Recordare, without any Caufe put in the Writ ; but the Defendant cannot re-
Plow. 74. move the Plaint by a Recordare without fhewing Caufe in the Writ, as before
Bro. Court is faid upon the Pone. And the Caufts for the Defendant ought to be fuch a
a Becaufe the aforefaid B. in pleading afirms, that he himfelf took the Cattle afore-
faid in his feparate Soil, as in his Damage there, in which Soil indeed the aforefaid
A. claims to have Common of Pafture, as it is faid, which faid Plaint, for that
it tcucheth the Freehold (as is afore faid) in the fame County, ought not, according
to the Law and Cujiom of our Kingdom, to be pleaded without our Writ: Let
Execution of this Writ be done, if the Caufe be true, and the aforefaid A. requires
this.

(a) See 2o Ed 3. 31. Where Beafis were Note; The Words (ut dicitur) are to be in
taken in D. in the County of Berks, which was the Writ when brought by a common Perfon
within the Precinft of the Honour of Wallingford, only, and not when brought by the King.
where the Plaintiff had Deliverance without 38 Ed 3- 31
Writ; and the Defendart fued a Recordare to (b) If the Caue be removed by Plea out o.
the Sheriff of BerAs quod di)?rinxeritin Feodo, &c. the Lord's Court (it feems of Ancient Demcfne)
and at the Day the Plaintiff came, but the De- the Caafe is traverfable ; contra, if it be out of
fendant ma.de Default. And it was adjudged, the King's Court. 12 H. 4. 12. and 31 Ed- 3.
A1.) That the Plaint was well removed, altho' Fitz. Caue de remoter to, and though there be
the Taking was in another County. (7.) That no Caule, yet the Parol fhall not be remanded;
Procefs of Outlawvry does not lie in this Cafe on contra, if in Ancient Demefne. 12 H. 4. 4.1
the Defendant's Default, as it is does in Reple- For on a Recordare out of Ancient Demefne, the
vin. (3.) That vet, if he comes in by Procefs Plca arifes wholly on the Caufe, and therefore
of Outlawry, he thall be forced to Anfwer. (4 ) the Plaintiff may be Nonfuit in fuch Recordare;
That he may avow for Damage-feafant, not- but if it be out of any other Court, the Plea
withflanding the fpecial Caufe affigned. Nott; arifes upon the mere Matter, and therefore the
The Beafts here were driven into the County of Plaintiff cannot be confuited there. Kelw. 115,
Beks. Dyer s68.
 Writ de Recordare. I6J
And if a Replevy be fued by Plaint in the Court of any a her Lord, than
in the County Court before the Sheriff, then the Recerdare which is fted by
the Plaintiff or Defendant fhall be direted unto the Sheriff; and the Writ
be fuchl
ivbe iing to the Sherr of Lincolnihire, greeting: Ve concuawnd Yout, th'at ha-
ing t n wiih you fomr di/creet and lawful Knigh!s of ,ur County, you go in
1.r Pern to the Court of W. of C. and in that di Coart "ou cuup2 to be
ow:
e orded the Plaint Wich is in the fame Court without oar li/rit between, &c.
1nd --e 16::- Record under your Seal and the Scels (a) of four lawful Men of the
,ne Court wh~o were prefent at that Record, &c. and to the Pariles, &c. as
abo~ve. Becarge the aforefaid A. is the Bailiff of the aforefaid W1. of C. of his 1 E ; 4
Crar aforefaid, and holds the Pleas of the fame Court, and ought ;not o be a
a e in his own Caufe.
Anothrr Recordare thus: Tou go to our Wapentake of H. or thus, To our
1bnodred of 1. or thus, To our Tithing of L. and in that full WPapenlake ; or
thus, in that full Hundred; or thus, in that full Tithing, &c. and he may fluew [ 7
other Cadf, as the Cafe requireth. And if the R:cordare be returnable in the , H. 6. 58.
Common Pleas, and at the Day of the Return the Sheriff return it * tarde; ifaRecordaze
the Party that fued that Recordare fhall have a Sicut alias recordere out of ifletoaCourt
of Record to
the Common Pleas direded unto the Sheriff, &c. io Ed. 3. 42. rennovea Plet
A (b) And if the Plea be difcontinued in the County, yet the Plaintiff or D- although bv
fendant may remove the Plaint into the Common Pleas or King's Bench by that the Re-
Recordare, &c. and it (hall be good, and he fhall declare upon the fame; and cord be lerno-
the Court fhall hold Plea upon the fame Plaint; for if the Plaint be (c) con- if",bie ivo
tinued in the County, and Iffue joined upon it, yet nothing fhall be removed remove In
but only the Plaint; and in the Common Pleas the Plaintiff may declare diaments.
anew, &c. 3 H. 6. 30.
B And in a Recordare to remove a Record out of Ancient Demefne the Writ Br. Caufe de
fhall fay, Plaint and Procefs, and not Record; quod vide 39 H. 6. by all the 7..P.
Juffices; yet the Form of the Regifter in the Record, as before is faid, is, But if Cona-
And have that Record. fans be de-
manded, all
the Record in Bank thall be in the Franchife. 9 H. 6. 58. Oyer and Terminer ihall not be removed by Re-
cordare, by Babington. a R. 3. 4. acc. Vide 5 Ed. 6. fo. 91. 34 H. 6. 27. Afiton cont', upon a Fine re-
moved; and z H. 6. 7.

!a) And Not; A Record not being received 30. accordant) adjudged. Foa the Plea here is
-it the Diflringas Settatores by Attorney, was af-not held on a Writ (but a Plaint only) and fo not
terwards received by the Suitors on a Writ out within the Intent of the Statute.
of Chancery. 29 Ed. 3. 36. Note; - Capias lies on a Default in a Pone
(b) See accordant 3 H. 6. 3o. and the like in for the Plaintiffin a Replevin by Plaint, but not
a Po'e. 3 Ed. 3. Replevin 37. i4+ Ed- 3. o ena ics. 3 H. 6. 5
F. B ief2 7 8. See 14H. 6. 21. Yet if a Witkernam be awarded
(c) And therefore if the Defendant be named in a County, the Plaintiff fhall gage Deliverance
without any Addition in the Plaint, h- fhall have here. And a Recordare makes the Court judge
no Addition in the Recordare, though Procefs of of the whole Matter. zi H. 6. 40. See 39
Oatlawry lies t reo. z H, 5. 6, (30 H91.6 H N 6. oecordare . 20 Ed. 3. Recordare i0, 2o.

If
 164 Recaption.
If a Record be removed out of a Court of Record by a Recordare facias, C
it cometh in without Warranty, and the (*) Court fhall not hold Plea thereof.
But if a Record cometh in Court without a Warrant, the Party may fue a
Writ dircited unto the Juffices, that they proceed upon that Record quod co-
ram vobis ref/det. If the Recordarefacias bear Date before the Plaint were en- D-
tred in the County, yet the Record is well removed, becaufe that both Courts
are Courts of Record. But if the Record be removed out of the Court of
any other Lord by fuch Writ which beareth Date before the Entry of the
Pi'iint, it is not good.

Recaption.

Man diftraineth
where a pendent for Rent or Service, E
A. AWrit of (a)
or other Things, and lieth
Recaption afterwards, the Plea, he who diftrained
doth difirain again for the fame Rent or Service, or other Thing, the Beafts
of the Party whom he had before diftrained upon; then he who is fo diffrained
fhall have this Writ, and fhall recover Damages for the fecond Diflrefs taken;
and he who took the Diftrefs fhall be fined for the Wrong, although the firft
Diflrefs were lawfully taken, and although that the Rent or Services for which
he difiraineth were Arrear, &c. becaufe by the firft Diftrefs he fhall have Re-
turn of the Things taken, until he hath the Rent or Services for which he
47 Ed. 3. 7- difirained. But for Damage-feafant in his Lands, a Man may diffrain the
Finchd. cont. Beafts of any Man which he finds upon the Land during the Damage, fo
often as he fhall find them fo doing, becaufe he diftraineth them every Time
for a new Trefpafs and new Wrong done in his Land. Tamen quare.
And if the Lord diftrain for Rent or Services behind, and afterwards, pen- 1
dent the Plea, the Lord doth command his Servant to diftrain for the fame
Rent or Service, by reafon whereof the Servant or Bailiff do diftrain again ;
the Tenant thall have a Writ of Recaption againft the Lord for the fame
Diflrefs.
And fo it feemeth, if the Lord diffrain his Tenant for Rent or Service, and
afterwards the Servant or Bailiff do diftrain the Tenant again for the fame

(*) See 9 H. 6. 58, 99, accordant ( fed Yet fee the Regler, page 6, 7. A Recordare
34 H. 6. 42, contra) where by a Recordare the
A Recor-
on a foreign Voucher out of Che/fer.
Record was removed by the Sheriff out of the dare was to remove a Plaint in Curia nofra,
Chancellor of Canterbury's Court; but it is there where it was zn Cur' Reginv Mar'; and ruled
faid, that the Court of Cant' might have refufed that the Plaint was not removed. Tuin, 3 Eliz.
to obey the Writ, for being a Court of Record Mo. 7 8, 130. See alfo Nat. Br. i 2. j2 H. 4.
by Commiffion, the Plea ought not to be re- 13 7 Ed- 4. 23. 1 R. 3- 4-
moved by a Recordare, but by a Corpus cum (a) Note ii H. 6. 14. If the Plaintiff in a
<aufa, or a Certiorari. And it was held, that Recaption be Nonfuir, the Defendant fhall have
feeing the Plea was held in this Court without a Return (of the Beafts, &c ) and therefore in
Warrant, the whole Proceedings were void, and this Cafe the Plaintiff's own Counfel alledged
therefore the Court could not remand it ; for the Death of the Plaintiff, after the lafit Continuanc,-
Record was never brought in here, but always in order to abate the Writ, and fo to prevent a
remained at Cant', and fo all was difcontinued. Nonfuit. tH.6. 14.

Rent
 Recaption. 165
Rent or Service, and the Lord do agree unto that Diffrefs, by joining in Aid
Prayer of the Servant or Bailiff, the Tenant fhall have a Writ of Recaption
againft the Lord. But if the Lord diftrain for Rent or Service, and after-
wards the Lord's Bailiff doth difirain the fame Tenant for the ftme Rent or
Service, pending the Plea; the Tenant fhall not have a Recaption againft the
Lord, nor againft the Bailiff, although the Bailiff maketh Conufance in the
Right of the Lord, &c. For it may be that the Lord had not Notice of that
Diffrefs, or that the Bailiff had not Notice of that Ditfrcfs which the Lord
took before for the fame Rent or Service.
G But it feemeth in that Cafe tlhe Tenant may have an Affion of Trefpafs
againift the Bailiff for the fecond Diftrefs of his Cattle for the fame Rent or
Service for which the Lord had diftrained before. io Ed. 3. pl. 13-
H But if the Lord do diftrain for Rent or Services, and afterwards (pendent
the Plea) the Lord do diftrain the Cattle of a Stranger for the fame Rent, and
not his Cattle who was firft diftrained; he who is fo diftrained fhall not have
a Writ of Recaption, nor he who was firft difirained. For it behoveth him
who thall have this Writ of Recaption, that he have his Cattle firft difirained
before for the fame Caufe for which they were diftrained the fecond Time.
12 Ed. 2. p. 13.
But if a Man diffrain two Mens Cattle for Rent or Service, and afterwards
he doth diftrain the Cattle of one of them again for the fame Rent or Service;
now he fhall have a Recaption alone in his own Name. 34. Ed. 2. p. 12.
K And if the Lord diftrain the Beafts of a Stranger for Rent or Service, and Poft. G.
afterwards (pendent the Plea) the Lord doth diftrain the Beafts of the fame
Stranger for the fame Rent or Service ; the Stranger fhall have a Recaption as
wll as the Tenant, if the Beafts were taken at two feveral Times.
L And if the Writ of Replevin be abated, then the Writ of Recaption fhall
abate, as it was judged in the Time of King Ed. i.
M And if the Lord do difirain for Rent Arrear at a certain Day his Tenant's
Cattle, and he fueth a Replevin, &c. and the Lord avow for the Rent, &c.
and tie Tenant plead (a) Hors defon Fee; if the Lord (pendent that Plea) di-
ftrain for Rcnt behind at another Day after, the Tenant fhall have a Writ of
Recaption, becaufe the Lord's Title flall be tried by the firft Plea. But
otherwife it is, if the Tenant in the firft Replevy plead Riens arriere, or Levied
by Difirefs, then (pendent that Plea) the Lord may diftrain for the Rent be- [ 72.
hind at a Day after, becaufe that the Seigniory is there confeffed, and the
Tenant fhall not have a Recaption (b).

(a) In this Cafe he thall not have Advantage (b) The Defendant in Replvin, before the
of the Iffue Hrs de Jon Fee, before that the Sheriff, avows for Rent, the Plaint is removed
Ifue be tried; and therefore he avers, that the by Pone, and the Defendant diffirains for the
firft Taking was (wholly) for the fame Rent. fame Cauf, and a Recaption was brought, tho'
28 Ed. 3. 29. per Car'; yet fee this Point agreed only a Plaint of Record ; and it is there agreed,
with a Diverfity, per Cur', 7 H. 4- 4. and that a Recaption lies before Avowry made.
9 H.5 . . per Hanf See alfo . 4H, 6. 1. 6. 8. adjudged. (
Ed. 2. P.a 4 5 Ed. 3e 4m)forf.Ret the Plaint
Sr

2
 166 Recaption.
4- Ed. 3 7. And the Tenant or he who is difirained, thall have a Recaption before any A
Avowry made, and may aver he diffrained for the fame Caufe (a).
4 Ed. 3. - And in a Recaption the Defendant hall not avow, as he fhall do in a Re- B
9 H. 6. +. pkvin, but (hall juftify the Taking, Sc. as he fhall do in an A6tion of
Trefpath, ior the Plaintiff fhall recover Damages only in the Recaption for
the (b) Contempt that the Defendant hath done againft the Law, and not for
the Taking of the Cattle, nor for the Detaining of them. And in a Recap- C
tion it is not material whether the firft Diffrefs be of Right or not.
And if a Plaint be removed out of the County into the Common Pleas by D
Pmne or Recordere, and aft rwards the I'laintiff be Nonfuit in the Common
31 Ed. 3 5. Pkas, before or after an Avowry made, the Lord after this Nonfait may
diftrain again for the fame Caufe, and the Tenant fhall not have a Recaption,
becaufe there is not any Plea depending; and yet the Pb:inIff may fte a
Writ of (c) fecond Deliverance upon the fame Record.
And if the LorI diftrain the Cattle of the Tenant and a Stranger, which E
thy have in Common, for Rent or Service, and afterwards (pendent the
Plea) the Lord cloth diftrain the Tenant's Cattle only for the fame Caufe;
the Tenant (hall have a Recaption for thofe Cattle. But if the Lord diftrain
the Cattle of the Tenant only for Rent, &c. and afterwards (pendent the
Plea) the Lord doth diftrain the Cattle of the Tenant and a Stranger, which
they hold in Common, for the fame Caufe; it feemeth that the Tenant thall
not have Recaption for thofe Cattle for the Intereft of the Stranger. Quere.
14 1'. 3. And if the Lord difirain and the Tenant fue a Replevin, which is removed F
Recap. pl. 7. into the Common Pleas, and the Conufance is demanded by the Bailiff of the
Freehold, and is granted, and afterwards the Bailiff fail to do Right unto the
Party; if he diftrain again for the fame Caufe, the Tenant fhall have a Recap.
tion, becaufe the Lord ought to remove the Plea into the Common Pcas
again by Refulmmons, &c.
Ant. K. And a Recaption lieth where the Lord diftraineth other Cattle of the G
Tenant than he firft diftrained, as well as if he had diftrained the fame
Cattle again, if it be for one and the fame Caufe, as I conceive. And yet
in 19 Ed. 3. the Iffue was taken upon the Property of the Cattle, as that they
were other Cattle of the Plaintiff, &c.
And a Recaption lieth as well where the Lord difiraineth the Tenant again
for the fame Caufe, where the Plea is depending in the County before the
Sheriff, as where the Plea is depending before Juffices of Record.
And if the Plea be depending in the County before the Sheriff, then the H
Form of the Writ of Recaption is,

(a) And fee z8 Ed. 3. 9z. That where the (b) Note the Defence; viz. Defindit vim &
Lord in a Replevin avows for one Caufe, and injuriam ?uando, &c. & quiquid J in Contempt'
julifies the Recaption for another Caufe, the Domini Rgis & jus 11'IandatUM. 29 Ed. 3 -8.
Plaintiff may aver that the firft Caption was (c Noe; Second Deliverance does not lie in a
made by him for the fame Caufe (as the fecond.) Frauchife which has Conufance. 38 Ed, 3. 3x.
See 45 Ed. 3. 4. 3 2 Ed. 3 P 5- 9 f. 6. 7

he
 Recaption. I67
IThe King to the Sherif, &c. A. hath fhewed to us, that whereas you had re-
plevied to the fame A. without our Writ his Cattle which B. took and uijufly
detained, and had given Day until at ycur next County, and had attached the
aforefiaid B. to anger hereupon to the aforefaid A. be the jaid B. after that At-
tachment, again toalk the Cattle of the aforefaid A. upon tb fame Occalion that
he before took thoixa, and detains them as before. And becaufe ths is -i!jfl, an'd
vmanifefly (a) againjZ our Peace, we command you, that without Delay ycu calIP
It" Cattle of the ajo; efaid A. to be delivered, until the chief Plea between them he
deterInJ;d. iAnd if You Jhall find that the aforfaid B. again took the Cattle of
the fo-rejaid A. upon the fame OcrZo; that he before took them, and detains the;,
as before, then have the Body of the efcrefaid B. before you and the Keepers of the
Pleas of our Crown at your next County. And i b your Bailif by whow the
Cattle of the afore,'id A. were replevied, and ly other honeft and A .kd Men of
your County, he can be convined of a f'coid Taking for one and the fame Occafion,
then fo chajiife hin the faid B. by Amercement, that that Chaj~fiment may make
others afraid of offe,!ding in the like Cafe.
And if the Plaint be in the County by Writ of Replevin pending before the
Sheriff, then the Writ is fuch:
The King to the Sheriff of S. greeting: A. hath Ihewed unto us, that whereas
he lately brought to you our Writ of replevying to him his Cattle which B. tack
and unjufily detains, and you have replevied thofe Cattle to him the faid A. end
given to him Day until at your next County, &c. as in the Writ before. And if
the Plaint be removed out of the County by Recordare, then the Form of the
Writ of Recaption fhall be fuch:
The King to the Sheriff, &c. A. hath /hewed unto us, that whereas B. had ta-
ken and unjuftly detained the Cattle of the aforejaidA. and you upon the Complaint
of him the faid A. as the Cuftom is, had replevied thofe Cattle to the fame A. and
giveen to hsi Day until at your next County, and had attached the aforefaid B. to z9 Ed 3, 3
a~rwer upon this to the aforefaid A. and afterwrds we comnanded you, that you
J&cu/d have the Record of the Plaint a!I-efa;d bfere cur ufuftices at Weftmintcr
fuch a Day lA pft ; the fame B. pndi.g the Plea before the faid 7uftices, Alb
again taken the Cattle aforefaid, &c. as above.
And if the Pluint be removed out of the County by a Pone into the Com-
mon Pleas, then the Writ of Recapzion is fuch:
The King to the Sheriff, &c. A. hath Ihewed unto us, that whereas he had
lately brought to pcu our Wi-it of replevying to him his Cattle which B. took and
ajufly detains, and you had replevid thofe Cattle to the fame A. and gven hii,.e
Day until at your next C'unty, and you had attached the aforefaid B. to an:fer
upon this to the aforefaid A. and afterwards we comPmanded thatPlaint to be put
before our '/uftices at Weliminfter fjunh a Day leji paft; the fame B. pending the
Plea before the fame 7uflices, again took the Cattle of the aforejaid A. upon the
fame Occaion which he before took them, and detains them as before, and doth not
permit 7uflice to be done, in Conte;ip of cur Commands. And becaufe this is unjuq.
and manifefily againfl our Peace, we command ycu, that if the aforefaid A. Jhall

(a) And Note; The Writ fhall be contra Pacem nofram, although agairft the Lord, but not Vi
f Armis. See 9 H 6. 1. 31 Ed. 3. Recapt, 5.
If6 Recaption.
3 ] :cee )ou :cure tcuchirg the profecuting his C/oin, &c. then put ly Gases, &c.
the aforefaid B. that he be before our yiftices afcrcfid to ef-vLr to us concernin.g
the Cvnteipt aforefid, aid to the arcrefaid A. of the Tre/p/ afirjid: And
1' yo:u !1ere the Names cf the Pled'es and this Wri:, and caufe thf? Cattle to
be replev.ed fo the fame A. Witnef, &-c.
If a Mn fue a Repkivin by Wilt, and the Sheri fend unto the Bailiff of A
the Liberz to replevy the Cattle, becaule that the Taking was within the Li-
berty, and afterwards the Plaint is removed by Pone into the Common Pleas,
and afterwards the Lord, or the Party who diftrained before, difirain again
for the fam.e Caufe; th n he who is fo diftrained fhall have a Writ of Recap-
tion, and the Writ fhall be fich:
The King to the Sherif, &c. S. hbath Jhewed unto us, th: wi erea: he lately
brought to you our Writ of replevying to him his certain Hre w;ich J. and A.
have taken and unjufly detained, and the Bailfs of the Liberty f the bbct of
R. of C. (whom you have made to have the Return of our WJrit aforci') reple-
vied that Horfe to the fame S. and attached the aforefaid A. and J. to new/eer
hereupon to the aforefaid S. and afterwards we commanded that Plaint to be put
before our Yuffices at Wcftminfler fuch a Day in the third Year of cur Reign; the
aforeJaid J. and A. have again taken the Cattle of the aforefaid S. pending the
Plea aforefaid before the Bailifs of the aforefaid Abbot of his Court af.-refaid, be-
fore whom that Plaint, acording to the Liberties granted to the lame Abbot by the
jime 7uftices, is returnedto be pleaded, &c. as above.
And if a Lord hath a Hundred or a Wapentake, and hath Power to hold B
Plea of unlawful Drftrefs, &c. and a Man diftraineth another there, for which
he fueth a Replkvin within the Hundred, and pendent the Plea there, the
Party who diffrained before diftrained the fame Man again for the fame Caufe;
then he who is fo diffrained fhall have a Writ of Recaption in fuch Form,
dire~ted unto the Sheriff.
The King to the Sherif, &c. A. bath flewed unto us, that whereas B. had
taken and unjudfiA' detained the Cattle of the aforefaid A. and the Bailifs of M.
of N. upon h.? Complaint of the faid A. (as the Cuftom is) had replevied thofe
Cattle to the fa ae A. and given to him Day until at the next Wapentake of their
aforefaid L rd of N. and had attached the aforefaid B. to anfwer to the aforefaid
A. upon this, and afterwards we comna,1dd you, that having taken with you,
&c. you }hould go to the aforefaid Wapentake, and in full Wapentake, &c. with-
out cr Writ between him the faid A. and the aforefaid B. of the aforefaid Cattle
of him the faid A. ta/er, &c. and that Record, &c. the fame B. pending the
Plea, &c. on the fame Occafion on which they were firfi taken, &c. ju, &c. as
before in the Writ of Recaption.
And now it appeareth by thefe Writs of Recaption, that if a Man be di- C
firained, and he fue a Replevin by Plaint before the Sheriff in the County, and
afterwards hanging that Plaint he is diftrained again for the fame Caufe, that
he fhall have a Writ of Recaption, which Thall be directed to the Sheriff, and
the Sheriff thall hold Plea upon that Writ of Recaption.
But if a Man be diferained within any Liberty, and he fue a Replevin there
by Plaint, or by Writ, and pendent that Plaint in the Liberty he be diffrained
again for the fame Caufe by the Perfon who diffrained before; he fhall not
have upon that Diftrefs a Writ of Recaption, becaufe the Plaint is not pendent
before
 Writ de Withernam. 169
before the Sheriff, nor before the Juffices, and the King will not direa the
Writ of Recaption but unto the Sheriff. But if the Plaint were -nmvcd by
Pone or Recordare out of the Liberty before the Juftices, then the Party who
was diftrained fhall have Recaption, as well for the Diftrefs which was before
the Writ of Pone or Recordare, as if the Re-taking had been after the Pnc
or Recordare fued forth.
D And if a Man be convi&ed before the Sheriff in a Writ of R>captOn, &c. 39 Ed. 3.
he fhall be amerced, and render Damages Uto the ]-rtv for the Lontcmpt.
But if he be convicted before the Juftices in a Writ of Recaptioi, he fhall be
fined, and not amerced, and alfo fhall render Damages unto the Party for the
Contempt.

Writ de Withernam.
E THI S Writ lieth where a Man taketh the (a) Cattle or Goods of another See a s1k
',a
I Man, and the Party fueth a Replevin by Writ, and an Alias and Pluries, 5z.zoShower
and upon the Pluries the Sheriff doth return, that the Cattle or Goods,
Zat

are efloined, &c. by reafon whereof he could not replevy them, &c. then this Fareft 9, 17.
Writ of Withernam fhall iffue (b) out of that Court where the Pluries is re- Raymn
turned, returnable in the King's Bench (b) or Common Pleas: And the ForrMi Ant. 68.
of the Writ is fuch:
F The King to the Sherif' of Lincolnihire, greeting: Whereas we have many
Times commanded you that jufly, &c. to A. his Cattle which B. &c. or fignify
the Caufe, &c. wherefore you would not or could not execute our Command many
Times direfled to you thereupon ; and you have fignified to us, that after the afere-
faid B. took the Cattle of the aforefaid A. he drove them in your County, and from
the County aforefaid into the County of B. wherefore you could not replevy them to
the fame A. We being willing to oppofe the Malice of him the faid B. in this
Behalf, command you, that you take the Cattle of the aforefaid B. in your Baili-
wick in Withernam, and detain them (c) until you can replevy to the fame A. his
Cattle aforejaid according to the.Law and Cuftom of our Kingdom, according to
the Tenor of our Commands aforefaid before to you, & c.
G And in the Writ of Withernam he ought to rehearfe the Caufe which the
Sheriff returneth for which he cannot replevy them ; as to fay,
And after the aforefaid B. took thofe Cattle or Beafts, he ejloined thof Cat!!e
or Beafts, or that Ox or Horfe, out of your Bailiwick, fo thi: you could ; no
,

(a) Note; It lies not on a Suggeflion only, on the Piuries Replevin, then there i'-1- C!Jfe
that the Beafis are efloined. ia H. 6. t. per inferted in this Writ. Etfi the P''
Cotton. tunc pone the Defendant,
(b) But not out of Chancery. M. 42, 43 dend' tam Domno P i de cvzcmplu qua M.
Eliz. inter Grindal and Poundal, in C. B. And Q~uerenli de rapfior'e inji.tia Jceenzioe
yet if Elongata be returned on the Ahas, &c. r prrediar 2 i 80. For it frer
into Chancery then the Withernar, Thall iffue there had not been any fch Claufe in the M-
out of Chancery. 2 2 IH.6. z . per B,, ihemnam, if it had been on a Plaut in twn,
(c) It feems the Defendant fhall have a Day County. F i/
1l e 4 Ar 25t t'
in this Writ, (if he comes in) by Attachment, the whole oiht o 1:P removed by tbi: P07?
but not otherwife. See 7 H 4. 27. 43 Ed, 3. and a fpcial 1>uU t7-,11VJ
16. 3 5 H. 6. 47. as if Ektuncpana be returnDf aendd e nt, adr
7
 1-70 Wit de Withernam.
Ddcvery thereof to the fame A. as you have fjgnifrd to us: We, &c. comma;d
you, that without DJLV you take Cattle or Beafts, &c. zs the Cafe is, in your
Baiziwick to the Value of the Cattle, &c. of the aforefaid A. in Withernam, and
detain them until you can repevy to the fame A. &c.
[ 74. ] And there are very many Caufes that the Sheriff may return upon the
1it (9. Plries, wherefore he cannot replevy them, whereof divers of them do appear
in the Regifter, which a Man may there fee.
And if the Sheri2 do return upon the Pluries repleg', that he bath fent A
unto the Bailiff of the Liberty who hath Return of Writs, &c. and that the
Bailiff hath givzn Anfwer, that he cannot execute the Writ, becaufe he can-
not have a View of the Cattle or Goods which wcre taken ; then the Court in
which fuch Return is made fhall award a Writ of Vithernan direted unto
the Sheriff, and the Sheriff fh.Jl thcr.upon make his Precept unto the Bailiff
of the Liberty; and if the Bailiff of the Liberty doth not make a Return
thereof unto the Sheriff, then the Sheriff fhall return the whole Matter in
Court, and theroupon the Court fhall award a Writ of (a) Withernam and a
Non cunitlas with the fame: And the Form of the Writ fhall be fuch:
The King to the Sheriff of B. greeting: Whereas we have many Times com-
mCndcd you, &c. (until) or could not execute our Command many Times direfled
to you thereupon, and R. of C. Bailiff of the Liberty of Saint Walric, whom you
have made to have the Return of our Writ, hath anfwered you, that he could not
do Execution of that Writ, becaufe he could not have a View of the Cattle afore-
faid, as you have fignifed to us; wherefore we commanded you, that without De-
lay you fhould take the Cattle of the aforefaid B. in your Bailiwick in Withernam,
and detain them untilyou could replevy to the fame A. his Cattle, &c. according to
the Tenor of our Commands, &c. thereupon to you direfed, or Jhould fignfy to us
the Caufe, &c. why you could not, &c. And you have returned to us, that the.
fame R. Bailiff of the Liberty aforefaid, whom you have made to have the Return,

(a) See i iH 4. 1o. In Replevin a fither- be a Superfedeas to the Retorn' abend; and if a
am was awarded againfit the Defendant, after Retorn'dabend' be fued after a fecond Deliver-
ance granted, the Sheriff ought not to execute
which the Defendant claims Property, and there-
the fecoAd Deliverance. Note; This prevents the
on ITue taken, the Plaintiff gages Deliverance,
Michief of a Withernam againft the Plaintiff
and a Writ iffues to make Deliverance; the She-
riff returns Elngata, and fo a Withernam was N. B. A. brings Replevin againft B. and has
awarded againit the Plaintif, and on Nibil re-Deliverance, and is afterwards Nonfuited, and a
Return awarded, and becaufe an Elongata was
turned, a Capias iffued ; then the Ifue is found
for the Plaintiff, on which he has Judgment ; returned, B had the Beafis of A in Withernam;
and then on a Pluries returned, the Defendant in this Cafe though the Plea was in the County,
the Replevin is made in C. B. and the fecond
prayed, and had an Exigent againft the Plaintiff;
and by Tytwhit, the Defendant Thall recover Deliverance hall not be of the Beafts delivered
in Withernam, but of thofe that were firft taken;
Damages againfl the Plaintiff for this Deteiner.
Zua're Co. 75. and the Defendant thall be forced to gage Deli-
Note; The Writ of Withernam is ad refpond' verance of thofe taken in Withernam, (quod
Domino Regi de Contempt' & parti de Damno & Nota,) and yet the Plaintiff himfelf is poffieffed
injur'. R. Entr. 701. See 35 H. 6, 47. Danby of the Beafts for which he complained, and if
and Movie. The Defendant thall recover Da- he makes his Plaint or Count of the Bealts
mages in Withernam on Elongata returned, in a delivered in Withernam, it is not good. 25 Ed, 3*
Writ de Return' habend'; but others contra. See 47* 33 Ed. 3. Avowry 2 6. and 13 Ed. 3.
Dyer 41. If the Plaintiff be Nonfuit, he may Replev. 37. per Cur'. See alfo Dyer 59. accord.
have a fecond Deliverance infanter, and it Jhall per Cur' in a fecond Deliverance.
 Wit de Withernam. 17[
&c. bath given you no Anfwer thereupon. We command you, that you do not omit
becaufe of the Liberty aforefaid, but that you enter into it, and take, &c. in Wi-
thernam, until, &c. according to, &c. before to you, &c. Witneft, &c.
B And if a Man diftrain any Man's Cattle, and he fue a Replevin by Plaint
made unto the Sheriff, for which the Sheriff makes a Precept unto the Bailiff
to replevy them, and the Bailiff return at the next County, that he cannot
replevy the Cattle, becaufe they are efloined, or that he cannot have Viaw of
the Cattle; then the Sheriff in the fame County Court ought to make Inquiry
if it be true which is returned, and if it be found fo by the Jury, then the
Sheriff ex Officio fhall make a Precept unto his Bailiffs in the Nature of a Wi-
thernam, to take as many Cattle of the other Party: And if the Sheriff make
Iuch Precept to take the other's Cattle in Withernam, and the Bailiff will not
execute the Writ, then the Party may have a fpecial Writ out of the Chan-
cery dire6ted unto the Sheriff, commanding him to do Withernam, and to do
Execution of the firft Judgment. And the Writ fhall be fuch:
T'he King to the Sherif, &c. A. bath Ihewed unto us, that B. and C. had un-
jufily taken and detained the Cattle of the aforefaidA. and the fame A. profecuted
before you for replevying to him the Cattle aforefaid according to the Law and
Cuftom of our Kingdom ; and although it was tejbfied by I. your Baii, whom you
fent to replevy the Cattle aforefaid of the faid A. and found by an Inquition made
in your full County, (as the Cvfjom is) that the fame Bailiff could not have a View
of the fame Cattle to replevy them to the aforefaid A. wherefore it was con/ifdered
in yourfull County, that the Cattle of the aforefaid B. and C. in your Bailiwick
Jhould be taken in Withernam, and detained until his Cattle aforefaid could be re-
plevied to him the faid A. according to the Law and Cufflom of our Kirgdom ; yet
the fame A. hath not yet obtained Execution of the Coiyideration aforefaid, to the
no little Damage and Grievance of him the faid A. And becaufe we are willing to
relieve the aforefaid A. in this Matter, we command you if it be fo, that you take
the Cattle of the aforefaid B. and C. in Withernam, and detain tbem until you can
replevy to the fame A. his Cattle (a) aforefaid according to the Law and Cujiom of
our Kingdom of England, and according to the Confideration aforefcid, &c.
-C And by that it appeareth, that the Sheriff may award Withernam, or Re-
plevin fued by Plaint, if it be found by Inqueft in the County, that the Cattle
are efloined according to the Bailiff's Return, &c. But upon the Withernam 9 Ed. 4. 48.
awarded in the County, if the Bailiff do return, that the other Party hath not
any Thing, &c. he fhall have an Alias and a Pluries, and fo infinite, and hath
no other Remedy there.
D But upon a Withernam returned in the King's Bench or Common Pleas, if zo Ed. 4. 1.
the Sheriff do return, that the Party hath (b) not any Thing, &c. there a Ca-
pias fhall be awarded againft him, and Exigent, and Procefs of Utlagary.
In a Replevin fued by Writ, at the Pluries returnale the Sheriff doth re-
turn, Quod Averia elongata funt, &c. Now if the Defendant appear, the
Plaintiff fhall not have a Withernam, becaufe the Defendant may gage Deli-

(4) Fids ane 69. 2 H. 4.9. 22 H. 6. 40. (b) See 28 Ed 3. 57. and a Sicu alias
9 Ed*4. 8. j6 H. 7. a. there granted.

Z 2 verlance,
 172- Moderata Mipfricordia.
verance. And if the Defendant's Cattle be taken in Wfithernam, they fhall
(a) not be delivered to the Plaintiff, but the Sheriff ihall keep them quoufue,
&c. and the fame appeareth by the Words of the Writ : But it is faid, that
it is the Ufage in the King's Bench, that they thall be delivered unto the
Plaintiff; by which it feemeth, that the Form of the Writ of Withernan there
is in another Manner than it is in the Regifter.
Note the lafi (b) In a Replevin, at the Pluries returnabk the Sheriff doth return, Quod E
3 H. 7.
i 3ae, Averia elongata funt, &c. and the Defendant cloth appear, and pleadeth that
SDefendant he did not diftrain them: Now the Plaintiff thall not have Withernam. And
after the wi fo if the Defendant at the Pluries returned appear, and plead that the Cattle
tisurnan are dead, in the Default of the Plaintiff, the Plaintiff fhall not have Withernam.
Bro. Vouch. cap. 7.
And the Defendant in fome Cafes fhall have a Withernan againift the Plain- F
tiff: As, if the Defendant hath a Return awarded for him, and he fileth a
Writ de Retorno habendo, and the Sheriff return upon the Pluries, QuodAveria
elongata fait, &c. he fhall have a Scire facias againft the Pledges, &c. accord-
mg unto the Statute of Weft. 2. and if they have nothing, then he (hall have
Withernan againft the Plaintiff of the Plaintiff's Cattle. Quod vide Trin,
7 R. 2. (c).

loderata M yericordia.

75. ] "JHEWrit of Moderata (d) Mfericordia lieth in Cafe where a Man is A

v4 H. 4. 4+ 1amerced in a Court Baron, or other Court which is not a Court of Re-
cord, outragioufly for Trefpafs or other Offence ; then he may fue this Writ

(a) See the like Diverfity, a H. 4. 9. Yet in Pais and claimed Property. 30 Ed. 3. 9.
evre R. Entr. 7oz and 704. that the Claufe acc. So if Wihernam be taken, and after De-
t the iWithernam, whether for the Plaintiff, or fendant comes into Court, and makes Conufance
the Defendant, is Qtod Vic' capiat in Withernam, as Bailiff to L S. and prays Aid of him who
&r. & ea preafato A. deliberare, &c. dctinend' joins in Aid, the Defendant tball have Deliver-
.yoJf/pe, &c. See for this, 25 Ed, 3- 4, 7- ance of the Beafts in Withernam; for it belongs
but more fully in Gage Deliwvr'ance 8. where to the Lord to make this Deliverance of the
the Sht-ri in his County levied Goods of the Beafts in Wihernam, and not to his Bailiff; per
Plairiniff in I" i.rnam, after a Return by him Horton. 7 H- 4- 28
awarded; on a Nonfuit, if he does not deliver (c) See 5 H 5 7. by H:ill, the Avowant may
them to the Defendant, the Plaintiff fhall have have Withernam notwithilanding, for it was at
an Mtion agaiti the Sheriff See I Co. 75. b. Common Law. N. B. 7 R. 2.- That it
ii his Entry of Breedon's Cafe accordant. lay not before a Scire facias returned. See 9 H.
(b) No'e ; If in a Replevin a Withernam be 6. 42. a Scire facias againft Pledges in an At-
awardtd, ard afterwards the Defendant avows tachment againft the Party, and for Default at
the J aking as his own Goods, or for Heriot, the Dziyringas Procefs of Outlawry iffued. See
or denies the Caprion, the Plaintiff thall gage 9 H6 42. 5 H. 4 ,71- 1311-7. 2.
Delivtrance of the WfJithernam, but the Defen- (d) See Rot. Clauf 38 H. 3. M 7. A Writ
dant ihall not gage Deliverance of the Goods to the Sheriff, De non permittendo ad DV/ringend'
taken, and yer the Defendant might have come pro ijericoi dia contra lenorem Mag' Chartr.

diredced
 loderata Mifricordia. 173
direaed unto the Lord of the Court or unto his Bailiffs, commanding thcm,
that they moderately amerce the Party according unto the Quantity of the
Trefpafs, &c. And this Writ is founded upon the Statute of Magna Charta,
cap. 14. Quod nullus liber Homo amercietur ni fecundun quantitatem Delifti, &c.
And the Procefs upon this Writ is Aiias and Pluries, and Attachment, and the
Attachment fhall be awarded againft him againft whom the original Writ was
fued; and the Form of the Writ is fuch:
B . The King to the Bathf of I. of S. greeting: C. hath /ewed unto us, that
whereas he was lately amerced in the Court of your aforelaid Lord of . for a fnall
Fault into which he fell; you requirefrom him a rievous Ranfcm contrary to the
Tenor of the Great Charter of the Liberties of England, wherein is contained, That
no Freemanfhall be amerced but according to the Greatnefs of his Fault, and tis,
faving to him his Contenement, and faying to Villains their Wainage: ii:d t/tre-
fore we command you, that you take a moderate Amercetent from the faid C. ac-
cording to the Meafure of his Fau!t, that no repeated Clamour there.pcn may com'ie
to us. Witnefs, &c.
And the Attachment fhall be always directed unto the Sheriff, and the Writ
Thall be fhch:
The King to the Sheriff, &c. If A. flall make you fecure, &c. then f n;;:cn; B,
and C. Bailifs of D. of . that they be before our Yuflices at Weftininfier, &i
to Jhew wherefore, feeing that the fame A. was lately amerced in the Haidrcd or
Court of their faid Lord of I. for a fnall Fault into which he fell; and wzze, rt
the Requeft of him the faid A. commanded the faid Bailifs, that according to the
T'enor of the Great Charter of the Liberties of England, they Ihould take frc;m him
a moderate Amercement according to the Greatnefs and Meafure of his Fault ; they
the fame Bailiffs having defpifed our aforefaid Commands, have not ceafed to extort
from the faid A. a more grievous Ranfom thereupon by various Defirefes, in Con-
tempt of us, and to the great Damage of him the faid A. and contrary to the
Tenor of the Great Charter aforefaid, as it is faid: And have you there the Sum-
moners, &c. Witnefs, &c.
C And if a Man be amerced in a Court Baron, where he did not any Tref-
pafs, but it is fo prefented by the Inqueft, &c. yet it feemeth he fhall not
have this Writ, if the Amercement be not outragious: But if the Steward of
his own Head will amerce any Tenant or other Party without Caufe, I con-
ceive the Party thall have an A&ion of Trefpafs, if he be diftrained for that
Amercement, and the Party ought not for to fue his Writ of Aoderata Mire-
ricordia.
D If a Feme Covert be amerced for Trefpafs, &c. if the Hufband be diffrained
for the fame, he fhall have this Writ, if the Amercement be outragious.
E But what fhall be faid moderate Amercement, and what not, appeareth by
the Words of the faid Statute, which faith, Secundum quantitatem Deli&li: By
which it fcemcth, that if it exceed the Value of the Trefpafs, it is not a mo-
derate Amercement ; and that (hall be intended for the Value of the Trelpafs,
which is done unto the Lord, and not to him who (hall have the Amerce-
rnent: For if one Tenant do Trefpafs unto another Tenant, he fhall be tihere-
fore amerced in the Lord's Court by Prefentment of the Trefpafs ; but that
Amercement fhall not be unto the Value of the Damages which is done unto
the
 174 Moderata M irericordia.
the Tenant, but having Regard unto the Wrong and Offence done unto the
Lord for the Wrongs done unto his Tenant.
And if a Man be Nonfuit in a Court Baron, he (hall be amerced, and if F
it be outragious, he fhall have this Writ of Aderata Mijricurda: And fo
fhall the Defendant if he be amerced in any Suit brought againft him, becaufe
it is found againft him ; or that he makes Default to wage his Law at the
Day given him in any Plaint fued againft him, &c. And if the Amercement
be .not moderate, he fhall have this Writ of Mlcderata Mifericordia, &c.
In a Court Baron, if two be amerced for one Trefpafs outragioufly, they G
thall not join in a 1-derata Mericordia, for they thall be feverally amerced,
although the Trefpafs be jointly done. And fo is it in a Plaint fued by two,
Poft. 76. D. if they be Nonfuit, the Amercements fhall be feveral, and they thall not join
Kitchen 4+- in Moderata Mlifericordia; yet if an Amercement be fet jointly upon them,
then they fhall join in the Writ. But it feemeth this Amercement ought to
be affeered by Perfons certain, when they are amerced for any Trefpafs.
And if the Amercement which is fet be affeered by his Peers, then this Writ
of Moderata Mifericordia doth not lie; for then it is according unto the Sta-
tute of Mag' Chart', quad vid. 1o Ed. 2. in Title of Actions upon the Statute
in the Abridgment.
And it is called Mij'ricardi, in Englifh Mercy, for the Smallnefs thereof, H
by which it feemeth it ought to be lcfs than the Offence: And then it feemeth
they fhall be feverally amerced for a joint Offence, becaufe one fhall not be
charged for the Offence of another; but they thall equally bear the Charge,
and pay the Sum affeffed.
to H. 6. 7. And in the Common Pleas, the Courfe is, when there are divers Defend- 'I
H. 6. 1z. ants, to make feveral Eftreats of the Amercements, and to deliver them unto
H
the Clerk of the Aflife, and he thall deliver them unto the Coroners, and
they ufe to afere the Amercements feverally.
And if divers Demandants be amerced in a real Affion for their Nonfuit, K
they make the Efireats feverally upon them, and deliver them as before unto
the Clerk of the Aflife, who delivereth them over unto the Coroners to afere
the Amercements.
But in a perfonal Adion in the Common Pleas, where there are many
Plaintiffs named, and they amerced, the Clerk hath forgotten, and cannot
1 76. ] thew how the Ufage hath been to make the Efireats againft them ; but it
feemeth with Reafon, that all fhall be done in one Manner. For it cannot
properly be faid that a Man hath Mercy (hewed and offered unto him if he
fhall pay, or thall be put to more Charge for the Offence of another Perfon,
which himfelf hath not done: For the Nature of the Word (Mercy) is, that
a Man thall not.be punifhed fo much as he hath deferved. By which it ap-
peareth, that every Amercement thall be or ought to be feverally affeffed upon
every one for his own Offence, and that to a leffer Sum than he deferveth to
pay. Qure the Ufage and Manner thereof in the Common Pleas, and look
7 H.6. the Statute of WJeft. 1. cap. I8. by the Equity of which Statute the Ufage
is accrued, and doth continue in the Common Pleas and King's Bench, and
before the Juftices of Aflife; and the Clerk of the Warrants in the Common
Pleas doth make the Eftreats, and doth deliver them unto the Clerks of the
2 Affife,
 .Moderata Migericordia. 175
Affife, to deliver them unto the Coroners to afere the Amercements, and the
Coroners do affefs the Amercements, and deliver them unto the Clerks of the
Affifes, and they deliver them back unto the Clerk of the Warrants, who
maketh the Efireats: And then one of the Juflices of the Common Pleas, or
t6e Clerk of th2 Warrants, goeth with the Rolls of the Effreats into the Ex-
chequer, and there puts them before the Barons of the Exchequer. And the
Form of the Filreat is fuch:
A Staffordfhire: Of Henry Hart and William Maner, bcraufe theil had not John
Brok, I/te of B. in the Cu;nty aforefid, Teaman, foraf/Iuch as they were Pall,
&c.- Of John N. fr hiefelf and his Plcdges, becaufe be hath not prfuited
his'rt againf N. H. of K. in the Countv frefaid, Hiuf ,dman, in a Plea
of Debt, &c.-- -- Of Ste pb n WIite, for his fatj Cletycur againft D. of,
&c. in a Plea of De;:ine, &c. A nd Lo the Eftrcat doth rehcarfe the Caufe
for which he was amtrctd, &c. For the juffices do not affefs any Sum for
any Amercement upon any Perion, but make their Entry as alovefhid ; and
then the Coront is 6o fet the Sum upon the leads ol every of them ; as upor
every one of them four Shihings or fix Shillings, as they fhall think fit in
their Dif'cretions, viz. f ver ally upon every of them.
B And by the Statute of Mgaa Chart&, cap. 14. no Spiritual Perfon thail be
amerced according to his Skiritual inelcr, but according unto his Lay Fer,
and according unto the Quyatity of the Trefp-ifs; and if he be otherwife
amerced, he fhall have a Writ upon the faid )tatute againft the Sheriff, or
him who amerced him. And the Writ fhall be fuch :
The King to the Sheriff, &c. Whereas it is contained in the Great Charter of
the Liberties of England, That no EccleiFafZical Perfon ]ball be amerced according
to the Quantity of his Ecclefiaftical Benefice, but according to his Lay Fee; and
now we underftand from the Complaint of S. Parfon, &c. that although he holds
no Lay Fee, neverthelefs you have at your own Will grievoufy amerced him the
faid S. in your Torn, in fuch a Hundred, upon fome Matters prefented before you
in the fame Torn, he the faid S. not having been thereupon fummoned, nor law-
fully conviRted, and that you unjufily intend to levy that Amercement upon his Ec-
defjaffical Goods, to the no fmall Damage of him the faid S. and contrary to the
Charteraforefaid: We being unwilling that he the faid S. Jbould be aggrieved in
this Matter, do command you, if it be fo, that then you do not caufe him the
faid S. to be in fuch Manner amerced before you, or any Amercement to be levied
upon his Ecclefiaflical Goods contrary to the Tenor of the Charterabove-mentioned;
and the Drftrefs, if any, &c. Witnefs, &c.
C And upon this he may fue an Alias and Pluries, and Attachment, unlefs the
Sheriff do according to the Writ direfted unto him.
D And it feemeth that the Party may fue a Writ upon the Statute by Pone, Ant. 75.
&c. if he will, againft the Sheriff or the other who amerced him, becaufe Kitch. 43.
that the Statute is a (a) Prohibition in itfelf, and need not fue fuch a Writ as
aforefaid. And by the Statute of Magna Charta every Amercement in a

(a) And therefore it is no Plea to fay, that feered per Pares, this Writ does not lie. See
Mo Prohibition was delivered to him. And there the Writ brought againft the BailifE
Note; If the Amercements be afterwards af- I8 Ed. a. accordant, Sur le Siat. 34.
Court
176 I rit de Nativo habendo.
Court Baron ought to be affeered by two Tenants of the Manor upon Oath.
And if the Steward or Bailiff will affefs any Amercement without Affeerment,
then 1e who is amerced fhall have fuch Writ:
The King to the Bailiffs of \V. Bijhop of S. greeting: Whereas it is contained
in the Great Charter of the Liberties of England, That no free Man jhall be
amerced for a fmall Fault, but according to the Meafure of his Fault, and for a
great Fault according to the Greatnefs of the Fault, faving to him his Contenement,
and a Merchant in th!e fame Manner, faving to him his Merchandife, and any
other's Villain tha; our's fJall be in the fame Manner amerced, faving his WJain-
age, if he fall into our Hand , and none of the faid Anercements Ihall be affed
but by the Oath of honJ and lawjid Men of the Vicinage, as in the fame Charter
is more fuly contained: Antd now we underfland from the Complaint of the Men
an;d Tenants of the Maor aforefaid, that you wilfully ajefs thoje Men and Te-
m's in great Sums of Money, when they fall into the Amercement of the Court
of the fame Manor for any Duly, not permitting that the fame Amercement be af-
feered by the Oath of the Men and Tenants of the fame Manor, to the no fmall
Damage of them the faid Men and Tenants, and contrary to the Tenor of the
Charter aforejaid: We, willing that Charter to be inviolably obferved in all and
every one of its Articles, do command you that you, wholly ceafing from wilfully
c7efing fuch Sums upon the Men and Tenants aforefaid when they fall into Amerce-
ient, do permit fuch Amercement to be afeered by the Oath of honeft and lawful
Afen f the fame Court, according to the Tenor of the Charter aforefaid. Wit-
nefs, &c.
77. ] And he may fue an Alias and a Pluries thereupon, vel caufam nobisfignfces,
and afterwards an Attachment againft the Bailiffs, or him who affeffeth the
Amercement.

Writ de Nativo habendo.

T HE Writ (a) de Nativo habendo lieth for the Lord who claimeth the In- A
heritance in any Villain, when his Villain is run from him, and is re-
naining within any Place out of the Manor unto which he is Regardant, or
when he departeth from his Lord againft the Lord's Will: And the Writ
fhall be direCted unto the Sheriff; and if the Sheriff will (b) not ferve the
Writ, he fhall have an Alias and Pluries, and Attachment againft the Sheriff,
if need be.

(a) And Note; in a Writ of Neif, the Plain- the Bailiff of the Francife, who does nothing
tiff fued by Attorney; he had enfranchifed the (or gives no Anfwei) the Sheriff cannot return
IVillain, in z6 Ed 3. 76. this, but ought to execute the Writ himfeif.
(b) See if the Pluries determines the Power See 7 H. 6. 3 1. on a Naivo hal'rdo removed
of the Sheriff in this Writ albo, as in Re levin, our of the County by Pone, wheteon the Sheriff
it was much doubted, but it feemed it fhould ; had returned Non inventuj, a Capias lies, and
and if the Pluries be returned in B R. they on Non inventui returned thereon, a Latitat
may hold Plea th re. i H. 4. 49. It feemed went to the Sh*iFs of London.
l(, that if ogvthe WrA the Sherif norft cnnt ru
But
 Writ de Nativo habendo. 177
B But if a Man have an Eflate but for Term of Life, or for Years, in a Vil-
lain, it feemeth he fhall not have this Writ of Nativo hcbendo, b& aufe this
Writ is in the Nature of a Writ of Right for to recover the Inheritance in
the Villain, and the fame appeareth by the Count in the Writ: etxre tamen. V. I &2 Elz.
C And the Sheriff may feize the Villain, and deliver him unto his Lord, if Dyer i73.
the Villain confefs unto the sheriff that (a) he is his Villain ;thabut if the Villain whcre 6it
Shrif
th ouht Writ berthl,
fay to the Sheriff, that he is Frank, then it feemeth that the Sheriff ought not and out of
to ftize him: As it is in a Repk-cin, if the Defendant claim Property, the wfiat Court.
Sheriff cannot replevy the Cattle, but the Party ought to fue a Writ de Pro- And vide
prietate probanda: And fo if the Villain fay that he is a free Man, &c. then iiEd. 4 8,9
the Sheriff ought not to feize him, but then the Lord ought to fue a Pone to a good Cae.
remove the Pka before the Juftices in the Common Pleas, or before the Jufti- 7 H. 4.45
ces in Eyre. But if the Villain purchafe a Writ de Libertate probanda before
the Lord bath fued the Pcne to remove the Plea before the Juitices, then that
'Writ of Libertate probanda is a Superfedeas unto the Lord, that he proceed
not upon the Writ of Naiivo bendo till the Eyre of the Juftices, or till the
Day the Fka be adjourned before the Juflices, and that the Lord ought not
to feize the Villain in the mean time. But at this Day the Writ of Libertate
probanda is of little EffeSt, becaufe by the Statute of 25 Ed. 3. cap. 18. the
Lord may feize his Villain and alledge Villainage in an Action brought againft
him by the Villain, although he hath a Writ de Libertate probanda depending,
which is determined before the Juflices in Banco, or the Juftices in Eyre.
D And if the Lord fue a Naivo habendo, and the Villain purchafe this Writ
of Libertate probanda, by that the Sheriff thall not proceed farther in the Writ
of Nativo habevido, but the whole Plea fhall be adjourned before the Juffices
in Eyre ; and then the Writ of Nativo habendo and the Record fhall be funL

(a) If on a Pkint in Replevin (aF 29 Ed. 3-. be cftopped by the Trial in the Propr' proband',
RT'c'via 3 5,) or on a Writ of Replevin, the De- which is only an Inquell of Office. 3o Ed. 3. Zt,
fenidant claims Property, and it is receive.d by 22. S1 Ed. 3. Replevin 35.
the SheijilF (as E. 3. 2. 31 Ed. 330 . Propr' And Note; If the Property be found for the
PLa r 4. asit I.ms for taking Ifm.s rece:ved Plaintiff, and at the Day of the Return, the
1y the Sheriff) a Pro'r' probanda thall ifiue, Shriff returns an Efloinment, and the Deferd-
aithough the Sheriff cunnot make Replevin, and ant makes Default, a kfithernam ihall be grant-
D)a: fhall be gircr te the Defendant in Bar k to ed, and fo a Capias, Phries and Exigent.
:ntiVer to the King for the Contempt, and to the 39 Ed 3. 30. But fome held that the Plaintiff
Party tr the Damages on the Claim; yet it in that Cafe fhall recover the whole in Damages.
feems the Replevin thall continue to acniWer See 7 H. 4. 23 per Hull, when the Defendant
L.mages to the Plaintiff for the Talzing. comes in by.Attachment after Property found
I Ed. . 9, - 7 H 4. 28, 46. -- Ed, 4 76. for the Plaintiff, the Plaintiff may have two
Eut if it be found for the Defendant, it feems Counts again,1 him, o;e on the Propr'probanda,
that all is determined, atnd ze Plaintiff cannot and another cn the Replevin. 7 H- 4. 46.
;av. a new Replevin, for the Sheriff cannot ex- If the Replevin be returnable in Chancery, ficut
-cute it but he may have a Writ of Trefpas. alias vel Caufam, &c. And the Claim of Pro-
5 HI. 6 Pr'pr' prc and' 5. 3 1 E4'. 3. ib. 3, pa ty returrcd thereon, then the Propr'probanda
or elfe he may remove the Plaint in the County halil ibue out of the Chancery; but it' on the
by Aime, (though in Truth it is determized Pluries the Claim is returned in B. R. or
there, by the Claim of Property, &c.) and 10 tiy C. B. the Proprietate probanda thall iffue fronm
Jhe Prapaty do no-vo, and the Plaintiff iall not thofe Courts. Dyer 173*

A a before
 178 Libertate probanda.
before the Juffices in Eyre, and the Lord thall declare thereupon, and the
Villain fhall make his Defence, and plead thereunto; and the Villain fhall not
declare upon the Writ de Libertate probanda, nor any Thing fall be done
thereupon ; for that Writ is but a Supofedeas to furceafe for the Time, and to
adjourn the Record and the Writ of Nativo habendo before the Juftices in
Eyre: And that appeareth by the Forms of the Writs of Nativo habendo and
of Libertate probanda, which are fuch:
The Kin;g to the Shenriff, greeting: We com;anad you, that juflly and without E.
Delay you caufe A. of C. to have B. his Villain and Fugitive, wilh all his Cattle
and his whole Train, wherefoever he Jhall be found in your Bailiwick, unlefs he be
Pot 79. A, in (a) our Deinefne, who fled from his Land after the Coronation of the King Lord
Henry, Son of King John: And we prohibit, upon our Forfeiture, that no one
unufly detain him. Witnef, &c.
The Form of the Libertate probanda is fuch:

Libertate probanda.

T thatKing
HE whereas Sheriff,
to thethey are free her Siyler,
B. ready
A. andand
&c. Women, to prove jhewed
havetheir Liberty,
claiming them to be his Niefs unjufily vexes them ; and therefore we command you,
F. F
unto us,

that if the aforefaid A. and B. ihall make you fecure touching the proving their
Liberty, then put that Plea before our 7uflices at the firfl Afifes, when they fhall
come into thofe Parts, becaufe Proof of this Kind belongeth not to you to take; and
in the mean time caufe the aid A. and B. to have Peace thereupon, and tell the
aforefaid F. that he may be then there, if he will, to profecute his Plea thereof
againfi the aforefaid A. and B. And have there this Writ. Witnefs, &c.
H. - 4 8 And now by thefe two Writs it appeareth, that the Lord who fueth the G
.rign ac.
Writ de Nativo habendo fhall purfue his (b) Plaint upon the Writ of Nativo

(a) In a Latitat to the Sheriff of London, on otherwife of Ancient Denefne, becaude there the
a Katmve babendo removed hither by Pone, the Writ warrants fuch a Return, &c. See 7 H. 6.
Sheriff returns .9jad Civil Lond' efi antiquifi' 32. and the Refidue thereof. 8 H. 6. 3. 4.
Civit' Camera Regis, Antiquu' Dominicum Regis, (b) See accord. by Lodd. for the Sheriff has
conuetudinem hei~t & habuit a tempore quo, nothing to adjourn in Eyre; but by Ralph, if
fc. Quad fi aliquis fenilis Conditionis man/erit the Lord do purchafe a Native habendo, and
in Civitate per unum Annum & unum Diem qued after that a Pone, and then a Libertate probanda,
e.x tanc non erit cap' irate Brevis de Nativo and deliver it to the Sheriff, and is afterwards
babendo. And it was moved, that the Sheriff Nonfuit, and then purchafes a new Writ of
hould be amerced. i, For that by the Record Nativo babendo, the Sheriff may adjourn it for
of Domefday, it appears, that it is not An- (Trial of) the Liber/ate probanda. II H 4.
cient Demefne. 2. For that this Cuftom of 49. Qua're.
Land 'is againkf Common Right, and preju- If in a Libertate probanda, the Parties are at
Iffue on the Franchife and Villainage, if pend.
dicial both to Citizens and Strangers, and there-
fore void. 3. That it is a Cutom in the Ne- ing the Iffue, the Defendant feizes the Plaintiff,
gative, and fo does not lie in Ufage, 4. Tho' he fball be fined; contra, in Trepafs for a Vil.
the Caflom were good, yet it thould not come in lain, and the Lord, pending the Iffue, feizes his
by the Sheriff's Return, but by Plea. But it is Goods. 9 H.S. 1. 6.

I babendo.
 Libertate probanda. 179
haendo, and ihall declare thereupon, &c. and that the Villain thall make De-
fcnce, and upon that Writ de Nativo habendo the Freedom fhall be tried. And
alfo it feemeth by thefe Writs, that a Writ de Liber-tate probanda doth not lie,
if not upon a Writ de Nativo habendo fued out before by the Lord.
17 But it appeareth in i2 H. . Itin' Noi b', that the Villain fued a Lib.ertate Fitz. V.-
probanda, & obtuit fe at the fourth Day againft the Lord, and he diI not ap- launage 3Q
pear, but made Default, for which, upon the Defiult of the Lord, thr- Villain
was enfranchifed; and he had Writ unto the Sheriff, that he do not fufier the
Lord to trouble him after: Zuod vide in Title Villainage in the Abridgmrrnt;
Ide 47 H. 3. a good Cafe of that Matter. 12 Ed. 3. Villainage 44.
A And when he fueth the Nativo habendo, he fhall enter a Plaint before the [ 78. ]
Sheriff in the County, as he fhall do, if he fue a Replevin by Writ unto the Fitz. Vil-
Sheriff, he ought to enter his Plaint before the Sheriff; fo fhall he do upon lainage 3.
the Nativo habendo: And the Plaintiff thall recite how he is his Villain, and
how that he fled from him, &c. And by the Writ of Libertate probanda that
Plaint fhall be removed before the Juftices of Eyre, or before the Juftices de
Banco, and then the Matter fhall be tried before them, &c. Or the Lord may
remove the Plaint by a Pone before the Juffices of the Common Pleas, and
thereupon he fhall have Procefs againft the Villain, &c. for the Sheriff cannot
determine the Title of Villainage in the County; and that is proved by the
Words in the Writ of Libertate probanda, viz. Quia hujufinodi Probatio non
pertinel ad te capiend', &c. ii H. 4. 49. per Norton.
B And it is good for the Lord, that when he fueth the Nativo (a) habendo
unto the Sheriff, that forthwith he fue his Pone unto the Sheriff to remove the
Plaint before the Juftices of the King's Bench: For if after the Nativo habendo H'. 4.43.
fued, the Lord fue a Pone to remove the Plaint before the Juftices de Banco, Gafcoign.
and before he delivereth the Pone to the Sheriff, the Villain fueth Libertate Old Nat.
probanda, and delivereth the fame to the Sheriff, by which the Sheriff ad- z 5ed.436.
journeth the Plaint before the Juftices in Eyre, and returneth the Matter upon Villainary z.
the Pone before the Juftices of the King's Bench ; now the Juffices of the that the Party
Bench ought not to proceed upon that Pone againft the Villain, becaufe that is without Re-
the Sheriff hath returned, that he hath adjourned the Matter before the Jufti- agin f not
ces in Eyre by the Writ of Libertate probanda, quad vide Hil. 26 Ed. 3. and sheriff.
yet the Pone was of elder Date than the Writ de Libertate probanda, but was
not delivered unto the Sheriff before the Libertate probanda.

(a) See a notable Cafe, ii H. 4. 48. In a Na- Wrong or Right; (fo it feems to diflbr from a
tiho babendo, at the Pluries the Sheriff returns a Pone, for that is only to remove the Record,
Mandwvi Ballivo, who did nothing thereon, and which in Effea was removed before, by the Ad-
it excufed him of Contempt. (_Quare,) then a journment, by Force of the Libei tate probanda,
Non omillas iffued on which he returned, that but the omhtas is to another Intent.) 3.
before the Delivery thereof to him, the Defend- For that by the Planes, the Power of the Sheriff
ant had delivered him a Libertate probanda, fo to hold Plea i determined, fed for then
that he could do nothing; and by all the Jullices to what EIfhet are thefe W%)rd5 in the Writ,
he was amerced, i. Becaufe after the Return
of the Writ, the Sheriff had nothing to adjourn
jormet
(haberefasias]. And alfo, if fo, no Non onillas
by FocfteLbraepoand
ought to iffue, but only Procefs againit the Party,
by Force of the Libertate probanda. 2. Becaufe but afterwards the Sheriff in this Cafe was amer-
the Non omittas, though awarded after the Liber- ced, and a Ao"z oviiam ,'Ka!, s awarded.
ought to be exrhutad, it iffrvd by Pooe, tiother
A a 2 And
 ISO Libertate probanda.
And if a Man fbeth feveral Writs of Nativo habendo againfi two, the two C
may join in a Lberate probanda, r.otwithftanding the Ieveral Writs.
- 4. 16.
Li- And a Man can j in in a Writ of Nzivo habe::1o but two Villains, but in D
c; urtinl, alifav0,ou rLof Liberty many Villains may join in a ber at: proba
of t~i Blo ,d
,. jo in (a) And it 9rtmeth that the Villain may fue a LUibr/ate probanda before the E
:1,eyb Jutices de Banco, as well as before the Juftices in Eyre, although there be no
theHalf blood fuch Writ in the Regifter. But if fuch Writ be made returnable before the
jhey thai not Juftices de Banco, it _c..meth it is good, and they fhall proceed thereupon as if
it were before. Juilices in Eyre.
OE. Vifll 26. (a) In a Writ oT NVtfe. if the Plaintiff be Nonfuit after Appearance, the F
afteraNonruir Defendant fhill be for ever enfranchiled ; quod tide MU 12 Ed. 2. and upon
eWasenfran Departure in Defpite of Court, where he appeareth, and faith he will feek
chiled during Counfel, and afterward be is demanded, and maketh Default, there the Vil-
the Plaintifl's
Life. Br. Vi lain fhall be for ever enfranchifed: And fo upon a Retraxit, if the Plaintiff
lainage 26. fay that he will not purfue his Writ of Niefe, the Defendant fhall be enfran-
29 Ed. z. chifed for ever (b).
cont. before
Appearance. 19 Ed. 2. Vill. 31. 39 Ed. z. Fitz. Vill- 34. the Plaintiff count upon a Confefflon, and the De-
fendant acknowledge it, and after the Plaintiff was Nonfuit, and per Cur' it is an Enfranchilement for ever.
30 Ed. 1. \'ill, 46. Harvy and Mitton, the is enfranchifed but during the Marriage; Broughton cent. King
took the Diffirence where the Lord marrieth the Niefe, and where a Stranger marrieth her.
28 AI. 34. And if a free Man marrieth a Woman who is a Niefe unto another, fhe G
Br. Vill. 3.3 fhall be for ever free, although that the Hufband dieth, and fhe furvive
A frank Man him,
marries a and that by Britton in his Book in favorem Libertatis (c). And it flands with
Niefe with Reafon that the Law be fuch, becaufe that the and her Hufband are but one
Licence, the Perfon in Law, and fhe ought to be of the fame Nature and Condition to al
Lord enfeoffed Intents as her Hufband is; but the Hufband is for ever free without any
18 . the Huf-
band died, the Condition in Law or otherwife, and by Confequence the Wife ought to be of
wife is Niefe, the fame Condition and Nature as her Hufband is; and then if he be once
as before, clearly difcharged of Villainage to all Intents, fhe cannot be a Niefe after-
vide i Ed. 2. wards w.ithout her own fpecial A&, as by Divorce, or Confeffion in a Court

2nd there by of Record, and that in favour of Liberty: For a free Woman fhall not be
Devon the re- Viliain for taking of a Villain to be her Hufband.
snaineth
Niefe, but the Seizure is fulpended. 13 H. 3. Viil. 43. fmhfhall not be produced to prove Villainage during the
Coverture. 30 Ed. i. Vill. 46. cont. 31 Ed. 3. Vill. zi. cont. See Litt. 4z.

] Ed. i. In a Writ of Niefe it behoveth the Lord who fueth the Writ to bri with H
%
Vill. 38. him two Perfons at the leaft, who are of the Villains Blood, that wil con-
, H. 6. 32. fefs them to be Villains, otherwife the Writ (hall abate : Ai-nd w at fhall be
va d.2.fAfficient Proof, and what not, fee in the Title of Viliage in thc Abridg-
Coufin Fe-
male (hall not be brought to prove the Male Villain. 13 Ed. 3. Vill. 36. ac. Old Nat. Brev. 46. ac. Od Te
nures Br. Vill. 68.

(a) See 6 Ed z. Fillainage 26. Litt. 45. (b) See 4 Ed. .4 29. IoEd. !. Villainage4t
iz Ed. 2. 24. 19 Ed. 2. Fillainage 18 Ed 2 PdaIlan ag 30 con. 29 4( con.
3 1. congr. Quvre i 3 H. 3. Villainage 43. (c) See accordant II H. 48. 2 H. 4. 2 5.
mer .t.
 Libertate probanda. 181
ments. But in a Nativo habendo, after the Plea is removed by a Pore, if the
XIdendant will cfdefs himfelf to be Viiiain, the Plaintiff necdeth not to bring
any Proof ther:o.0
1if two bring a Nativo /abenda, the Nonfuit of one of them is the Nonfuir of
them both ; for Summons and Sevcrance lieth not in that Writ. But in a Ii-
berate proband, it is otherwife, for there the Nonfuit of the one halIl not prc-
judice the oth r.
K And it appcarth by the Regifher, that the Sheriff cannot fcize the Villain
by Force of this Writ ol Nativo habendo, although that the Words of tih
Writ are, Ilabere facias A. natizn & /ugitivum juni ; for thefe Words give
him Power to hold lea, and not othecrw ile, as it appeareth in 2 H. 4. in a z H. 4. z4.
Peur Imprifonment. But if the Villain doth confefs unto the Sheriff that he is
a Villain, then it fiemeth reafonable that the Sheriff ought to feize him, ftving
the Opinion of that Book. But the Statute now maketh the Matter clear,
that the Lord may feize him, and fo the Sheriff at his Requeft. And the
L Procefs in the Nativo habendo is Summons, Attachment and Diftrefs.
M In a Nativo habendo the Plea was removed by a Pore, and the Sheriff re-
turned thereupon Non eft inventus, for which a Capias was awarded, and after
upon Return of Non eft inventus a Latitat was awardeu, upon a Surmife made
that he was in a foreign County. P. 7 H. 6.
N And in the Libertate probanda the Procefs is as upon the Pone fued to, re- [ ;o.
move a Plaint in the County upon a Replevin, Summons, Attachment and
Diftrefs. And the Form of the Pone upon a Natio habendo is fuch:
The King to the Sheriff, &c. Upon the Petition of the Plaintifput the Pie
which is in your County by our Writ between A. and B. w'hom the fame A. claims
to be his Villain and Fvgitive ; and fummon, &c. the fore id B. that he b then
there to anfwer the aforefaid A. thereupon: And have there the Suwwoners and
this Writ and the other Writ.
LA And if the Villain do remain in Ancient Demefne of the King in the King's
(a) Hands, and hath remained there by a Year and a Day, then the Lord can-
not have nor maintain this Writ of Nativo habndo fo long as he remaineth
there: But if he hath not remained within the Ancier;t Demefne of the King
a Year and a Day, but for Half a Year, or other Time which doth not make
a Year and a Day, th n the Lord fhall have fich Writ unto the Sheriff:
The King to the Sherif; &c. We command you, that un/efs A. bcn B. d7aims pt 7
to be his Vi/!ain and 7 r'gitive in your County by our W/rit, hath remained in r
Dene/ne of S. for ene 2e ar and a Day without Challenge, let not tile Plea afore-
[aid remain in the County aforefaid, for that he hath reinezcd in our Demvefie for
lefs Time. Witnefs, &c.
But it appeareth by the Writ, that if the Lord claim him in the Year
and Day that he came into the Ancient Demefne, that tien the Villain fhall
not have Advantage of his flaying there: But it feemeth that the Lord Ought

(a) See Nat. 46. contra, if it be in the ani q::. c, if all Tenarns of Ancient Denre
Hands of any other Lord, but Note; The Lord Lands ec rot originally Y ainris., and . came
of a Manor in Ancient Demefne might have to the iG Gran:,
n
Villains Regardant at his Death. 39 Ed. 3, 36,
 182. Lbertate probnda.
to claim the Villain within every Year and Day that the Villain flayeth within
Ancient Demefne, as he (ball mike his continual Claim to fave his Entry into
any Land. But if the Villain do remain in any othlr Manor th.'n in Ancient
Demefne, which is in Poffeflion of other Lord than the King, and there ftay-
eth a Year and a Day, or for many Years, without any Claim made by the
Lord, notwithftanding that the Lord may take and feize him, or have a fpe-
cial Writ of Nativo habendo againft his Villain direced unto the Sheriff, as
above is faid.
n4 Ed. 3. If a Man purchafe a Villain of another unto him and his Heirs, and the B
Br. Vill. 26. Villain runneth from him, he (hall not have this Writ de Nativo habendo,
becaufe he hath no Proof of his Blood who will confvfs them to be Villains
unto the Plaintiff; and if he bring Men of the Villains Blood, who confefs
them to be Villains to a Stranger, and not to the Plaintiff, the fame is not
fufficient Proof. Quere tamen.
And the Lord may have a Writ unto the Sheriff to affift him to diftrain C
his Villains, and the Writ is, The King to the Sheriff, &c. We command you,
that you be in Aid of A. of F. when he himfelf is not able to difrain his Villains
of N. to do to him the Cufiloms and Services due and accuffomed. Witnefs, &c.
See the Statute Anno 1R. 2. cap. 6.
And when the King makes Tallage of his Ancient Demefne Lands in his D
Hands throughout the Realm, then the other Lords who have Ancient De-
rnefne Lands of the King in Fee-farm, (hall have fuch Writ to tax them ; and
the Writ is fuch:
The King to the Sherif, &c. Becaufe we have made our Deme/nes throughout
England to be taxed, we command you, that if the Manor of C. was fome time
our Demefne, or of our Anceflors heretofore Kings of England, and hitherto hath
been accufomed to be taxed, then caufe A. to have a reafonable Tallage of his free
9tenants in the Manor aforefaid, as hath before been accufiomed to be done. Wit-
nefs, &c.
And if the King's Villains do convey themfelves out of the Manor, then a E
fpecial Writ fhall be direfted unto the Sheriff, that he inquire by the Oaths
of honeft and good Men the Names of them, and where they abide, and that
he make them return, and abide within the Manors as before.
If a Woman fueth a Writ of Libertate probanda, the Form of the Writ is F
fuch: Alice hath ihewed to us, that whereas /he is a free Woman, &c. and ready
to prove her Liberty, &c. as above.
 183
Writ de Securitate Pacis.

G HIS Writ lieth when a Man is in Fear or Doubt that another will beat
I or affault him, and lieth properly where one Man doth threaten another
Man to kill him, beat him, or affault him; then may he come into the Chan-
cery, and pray to have fuch a Writ unto the Sheriff, and the Form of the
Writ is fuch:
The Ki;ng to the Sherff of Lincolnihire, greeting: Becaufe A. of B. hath
hea;vily complained to us, that C. openly threatens him of his Body; we Command
you, that you caufe the fame A. to have of the aforefizid C. our frm Peace ac-
cording to the Cuftom of England, fo that you may be fea'ured that Damage or
Per*I may not come to the fiame A. in his Body, by the faid C. or by his Procure-
mnilt. Witnefs, &c. Or thus: Of the Burning of his Houfes openly threatens,
we Command you, &c. fo that, &c. Damage come not to the fame A. in his
Houfes aforefaid, by fuch Burning, &c. And a Man may have a Writ for the
Safety of his Body, and for the Burning of his Houfes, all in one Writ.
And he may have an Alias and a Pluries, and Attachment againft the Sheriff,
if he does not his Office, &c.
H And by the ancient Courfe of Law he ought to take his Oath upon a Book Fitz. Juat.
before he have this Writ, before a Mafter of the Chancery: But now they lfe del Peace,
to fue forth fuch Writs by their Friends, who will fue for them without any
Oath made; and the fame is ill done, becaufe they are many Times fued,
more for Vexation than for any good Caufe; and the Juftices of the King's
Bench will not grant any Writ for Surety of the Peace, without making Oath
that he is in Fear of corporal Damage. And the Juftices of Peace ought not
to grant any Warrant at the Suit of any one to find Sureties of the Peace, if
the Party who doth require the fame will not take his Oath that he requireth
the fame not for Malice, but for the Safety of his Body.
A And if a Man hath fued a Writ againft one directed unto the Sheriff, and the [ 80. ]
Sheriff take Security of him to keep the Peace, and afterwards he breaks the
Peace againft him who demanded the fame; he which demanded the Surety of
Peace fhall have Attachment againift him to find Sureties ; and the Writ is fuch:
The King to the Sheriff, &c. If A. Ihall make you fecure, &c. put, &c. B.
that he be before our 7uffices, &c. to (hew wherefore, feeing that the aforejaid B.
threatened the aforefaid A. of his Body, and the aforefaid A. upon that Occa/ion
brought to you our Writ of having the Peace thereupon, he the fame B. although
he gave you Security, that by him or his Procurement, Damage or Peril}hould not
come to the aforefaid A. of his Body, neverthelefs the aforefaid B. with Force and
Arms hath made an Afault upon the aforefaid A. at W. and him, &c. to the
'Ianife# Contempt of us, and to the great Damage of him the faid A. and againfi
cur Peace: And have you there the Pledges and this Writ. Witnefs, &c.
And upon this Writ the Plaintiff fhall recover Damages, and the Defendant
fhall be fined for his Contempt, if he be found guilty.

Andl
 Sr it de Securitate Pacis.
i' If a oecwd will have a Vrit for Surety of the Peace again 'c any one who D
dwelkth within the Cinque Ports, the-n he Ihall le a Writ out of the Chan-
cery dirc&k c unto the Conftable of Dover, a: unto the Warden oi the Cinqu2
Futs~, and th Writ fhall be fuch:
hb King f, his bcdoved and faithful N. Lis Co;flbrc f Dover, and to th7,
arden of his Cinque Ports, greeting : W~e Command you, that barig heard he
C:e: plaint if A. becaje thiat B. being of the LibrtcNy of the Crque Ports ,
7brerux

& c. and havig cdled before you the Parties aoprfad, and bwavirg thep I 'ar
!flerall their Reajon;, that hercupo;nyou caufe to be done to th fame "'. cue and
s of fufI;ce, as of Right, and according to the Law;a:d Culom of the
,;;is ought to be done, and at other Ii;cis bath k acaujiomed to i
-4ethele Cafe. Wfitnep, & c.
But it a common Opinion, the Security which the Sheriff ough. totak: C
oT the FVrty who ought to find Sureties for the Peace, ought to be taken by
?on I, is to fay, to bind the Party and his Sureties by Bond, that he kmp
that
te Peace, and that he burn not the HouLfes, &c. But now after the :Nt.te
rU 3 o i Ed. 3. cap. 16. which appointeth that certain Ferions fhall be afligned in
I6.
the Chancery to keep the Peace, there are other Forms of Writs for the Eafe
of the People who will have the Peace againft other Perfons, which Writs
fhall ifiue out of the Chancery; and forne of them are directed unto the Jut.
tices of the Peace, and unto the Sheriff, and fome are direcHd only unto the
Sheriff: And thefe Writs are of other Form, which is fuch:
The King to his beloved and faithful I, &c. and his Companions our 7uftices D
rfiig-Ad to keep our Peace in the County of S. greeting. Or thus : To the Kepers
of our Pexe in the County of S. &c. and to the She:J of the 1fame County, and
to ev.;r one of thom, greeting. Or thus: To the Sheriff of S. greeting : A. bath
y? :g t us, that wh-eas he is grievoufly and nanifellly ltreatened by E. of his
Life a , ndaining of his Members, and alfo of burning his Houfes, wee azoun
pridefor the Security of him the faid A. in this Behalf ; We grantig the Sip
plication afore/aid, co;nand you, (or thee) frml' infoyning that you make tie
faid E. to corne perfonally before you, (or thee) and to find fiffiient Mfanucapicrs
wzz will be Bail for him under a certain Penally to be impofid upon them by you,
(cr thee) for which they or pu will anfwer to us. Or thus: And that by an.
Meas ye (or you) cc;;pel him the faid E. to find fufcient Security under the
-Penalty of 100 1. to be paid to cur uj', or evc;y one of them in the Penalty cj,
&c. that he will not do, or procure to be done, cny Damage or Ill to im;;1 t.
raid A. of his BLa,:, or his Iicu, by iah Burning. And if he Jhall refu'e to
do this Lfre you, (or thee) then that you (cr ye) conmit him the faid E. to
car ne Gao., to be k fyn int e, unt:! he zu.,:!l do this freely: And
w7heni p (aoreu ) have taken that Secur :, that witout Dely you (or ye)
ius mecertain, and cert;" us thereio m: car Cha
w: r or rn
'of: S'eals (or rnder thy Seal) e (or 1u) remitting to
c:J cy: :, 00;:d
is this Writ.
And! "or this Form of Writ, when the Writ is in the phrcl Num br, the E
Writ is dieeted unto the Tuftices of Peace, or unto the Iuiices _nd heriff.
And w;=a it is in t Engu.r N umbr, the Writ is di-tcued ur o thie Sheriff
nlV, lreto o ne J.l ice only.
And
 Writ de Securitate Pacis.
F And if the Hufband threaten his Wife to beat or to kill her, the fhall have
this Writ,
A. the IPWfe of B. hath befought us that whereas jhe is grievoufly and manfefly
threatened by the aforefaid B. of her Life, and maiming of her Members (as
above until) you will an~fwer to us, that by any Means you do compel, &c. that
he/Jhall well and honefly treat and govern the aforefaid A. and that he fJall not
do, nor procure to be done any Damage or Evil to her of her Body, otherwife
than what reafonably belongs to her Ilujband, for the Sake of Government and
Chaflifement of his Wife lawfully, &c.
G And if a Man be in Variance with other Men, and he is in Doubt that
Damage or Hurt will come unto him, or his Servants or his Goods, by Rea-
fon of this Variance; then he fhall have a fpecial Writ againft them direded
unto the Sheriff, that he caufe them to find Security that they do not damage
or hurt the other in his Body, or his Servants, or other his Goods, in a certain
Sum, &c. And if they will not find Security, that then he arreft them and
keep them in Prifon, until they will find Sureties: And that the Sheriff cer-
tify all that is done upon the fame into the Chancery, upon Pain, &c. as it
A appeareth by the Regifter. And that Security ought to be taken by Recog- [ 8i. ]
nizance, as it feemeth; tamen quere. And when a Man hath purchafed fuch Fitz. Juan.
Writ of Supplicavit, direated unto the Juftices of Peace, or unto the Sheriff, de Peace 9.
or unto both, againft any Man, then he againft whom the Writ is fued may POft 238.
come into the Chancery, and there find Sureties in the Chancery, that he
will not do Hurt or Damage unto him that fueth the Writ; and then upon
that he fhall have a Writ of Superfedeas out of the Chancery, dire&ed unto
the Juftices of Peace, or unto the Sheriff, or unto one of them, reciting how
that he hath found Sureties, in Chancery according to the Writ of Supplicavit,
and reciting the Writ of Supplicavit, and the Manner of Security that he hath
found, and the Sum of Money in which they are bounden; commanding the
Juftices and Sheriff that they furceafe to arreft him, &c. or compel him to
find Sureties, &c. and if they have arrefted him for that Caufe, and for no
other, that then they deliver him, &c. See the Form of the Writ in the
Regifter. And if the Party who ought to find Sureties, cannot come into the
Chancery to find fuch Surety, then his Friend may purchafe a Superfedeas in
the Chancery for him, reciting the Writ of Supplicavit, &c. and that fuch a
one and fuch a one are bounden for him in the Chancery in fuch a Sum, that
he fhall keep the Peace according to the Writ of Supplicavit: And the Writ
fhall be direded unto the Juftices of the Peace and Sheriff, that they or fome
of them take Surety of the Party himfelf, according to the Writ of Supplicavit,
for to keep the Peace, &c. and that then they furceafe to arrdt him; and if
they have arrefted him for that Caufe, that they then deliver him.
B And fometimes the Writ of Supplicavit is made returnable into the Chancery
at a certain Day; and if it be fo, then if the Juffices do not certify the Writ,
nor the Recognizance, and the Security which is taken, the Party who fued
the Supplicavit fball have a Writ of Certiorari direded unto the juftices of
Peace, to certify the Writ of Supplicavit, and what they have done thereupon,
and the Security which is found, &c. and fo the Party fhall have fuch Certic-
Bb I
 x86 Writ de Securitate Pacis.
rari unto the Juffices of Peace, to certify the Security taken upon Supplicavit,
although the Writ of Supplicavil be not returnable in the Chancery.
And fo if a Man demandeth Surety of the Peace in the County againt C
any Man, he fhall find Sureties in the County before the Juilices of the
Peace, 'c. he who demandeth the Security may fue a Writ of Certiorari
directed unto the Juffices of Peace, to remove the Surety of Peace, and
the Recognizance taken thereupon; and to certify that Recognizance, and
Security taken, under the Seals of the Jufhices of Peace, or one of them.
And if the Certiorari be fued upon a Writ of Supplicavit, then the Certiorari
thall rehearfe the Writ of Supplicavit ; and if it be fued upon Surety demand-
ed in the County without a Supplica'it fued, then the Form of the Writ of
Certiorariis fuch:
T'he King to the Keepers of his Peace in the Cou,:ty of L. and to every one
of them, greeting. We willing for certain Caupes to be certified of the 9'enor
of a certain Security of the Peace before R. B. and his Companions, Keepers of
ca:r Peace, and our Jufices afigned to hear and determine divers Felonies, !'ref-
pafes and Mifdemeancrs in the County of L. of R. of W. for that he Jhall not
do, nor procure to be done any Damage or Evil to B. of F. or to any of our
People, which faid Security, of your Office taken, remains in your Power as it
is faid, we command you, that without Delay ye render us more certain thereof
in our Chancery, under your, or one of your Seals, diftinfily and openly, remitting
to us this Writ.
And when the Writ of Supplicavit is direted only to the Sheriff, then the D
Certiorarithall be dire6ted unto the Sheriff only, to make Return of the Se-
curity found, if he have taken any Security, &c.
Ant. So. And if a Man find Sureties to keep the Peace againft certain Perfons
Poil. 8z. before the Sheriff, without any Writ of Supplicavit fued by him who demand-
Vid. 2. I7. eth Surety, and without the Writ ufed of ancient Form then the Party
17 byFineux, who demanded the Surety may have a Certiorari unto the Sheriff to certify
by the Com-
mon Law the the Security taken by him into the Chancery, &c. without making Mention
Sheriff isCc.- in the Cerioran of any Writ fued forth to caufe the Sheriff to take fuch
fervator Paci5. Security ; and by that Certiorari it feemeth, that the Sheriff ex officio may
Vid. Lamb. caufe the Party to find Surety to keep the Peace, if any one pray the She-
io, ji. and riff to have fuch Surety, and that the Sheriff bind them by Recognizance,
now by the aid that he certify the fame into the Chancery by the Certiorari: For if he
Statwe of certify an Obligation taken for Security, that Certificate cannot make the
39. it isclear Bond to be a Thing upon Record, and the Party cannot be bounden unto
that Bond the King but by Matter of Record, or unlefs that he Will come into the
thall not be Cou, and confefs the fame to be his Decec, and pray to have the fame
taken. enrolled. And it feemeth that the Law is fich, becaufe that by the Com-
non Law the Sheriff is Confervator of the Peace, and hath the Keeping
and the Cuftody of the County for the Time that he is Sheiff;. and the
f-me appcaretih by his Comni'in anid Letters Patent which he bath, the
Words (,f whofe Patents are fuch:
Rex, &c. Commif.as vobis CzRodm, &c. and by that he t kes his Au-
thoiay, the which is a Matter of Record, as the Commiflion which was
2 made
 Writ de Auxilio, &c. 87
made to them who thall be Juffices of the Peace, the which Comrnihion,
giveth them Authority to hear, determine and enquire of all thof Things
which are done againft the Peace. And by Reafon of that Commiffion they
have Power to bind Men by Recognizance to keep the Peace, upon Com-
plaint made unto them by any Perfon ; and yet there is not exprefs Authority
given them by the Commiffion to take that Recognizance; but it followeth,
that becaufe they have Authority to caufe Men for to keep the Peave, and to 2.
hear and determine Offences againft the Peace, they have Power to bind Men Vie 7H. 4
by Recognizance fo to do, for every Thing which they have done by Virtue 34. ac.
of their Commiffion ought to be taken as a Matter of Record. And by the Cromps ias
fame Reafon the Sheriff, becaufe that his Patent is of Record, and be is
Confervator of the Peace in every Place, every Obligation which he taketh
for to keep the Peace fhall be in Law taken for a Recognizance, and efpe-
cially when it is certified in the Chancery by Certiorari: But yet all the Phas
that are holden before him in the County are not of Record, nor Pleas holden
before him in the County by Writ of '7ufficies are not taken as Matters of
Record; for thefe Pleas are holden before by Reafon of the Courts which he
hath by Reafon of his Office, as the County and Hundred Court, &c. But
the Leets and Torns which are for the Commonwealth, as for keeping of Bro. Leet 39.
the Peace, thefe are Courts of Record, and by Confequence for keeping of
the Peace the Sheriff is Judge of Record, and may take Recognizance for
the keeping of the Peace ex officio; but if he fo do, and take Recognizance Bro. Leet 29.
upon a W rit of Supplicavit, or other Writ direaed unto him to take Sureties 9 Ed. 4. 3'.
for keeping of the Peace, it is the ftronger 1 but give Credit to better Reafon,
and therefore quxre thereof,

Writ de (a) Auxilio ad Filium fum Militem fcf.iend'

vel ad Filiam maritand'.

A 'i[" HE Form of the Writ is fuch:

S The King to the Sheriff, &c. We command you that jufily, &c. you'
caufe A. to have reafonable Aid of his Knights and Freeholders in your BailiWici
to make his eldeft Son a Knight, or to marry his eldefl Daughter, according to the
Form of the Statute thereupon provided by the Common Council of our Kingdom
of England. Witnefs, &c.
3 And a Man fhall not have this Writ before that his Son hath accomplihed'
the Age of fifteen Years, nor for to marry his Daughter before fhe be o'
the Age of feven Years, as appeareth by the Statute of We. i. cap. 9,.

(a) A Tenant in Frankalmoign fhall not pay Aid. See Reo. Parl. 8 Ed. 2. Mem. i
pro bbato'a de Cadario,

Bb -n A;nd
 Writ de Auxilio, &c.
And he who holdeth his Lands by a Knight's Fee, thall pay twenty Shil- C
lings unto the Lord, to make his Son a Knight, or for to marry his Daughter,
and no more.
And the Tenant who hath Lands of the yearly Value of twenty Pounds
holden in Socage, he fhall pay twenty Shillings unto the Lord to make his
Son a Knight, or for to marry his Daughter.
And he who holdcth by Half a Knight's Fee (hall pay ten Shillings, and he
who holdeth Lands in Socage of the Value of ten Pounds by the Year thall
pay ten Shillings. And fo according unto the Rate of the Value of the Socage
Land, and according unto the Quantity of a Knight's Fee, he fhall pay his
Aid, and that by the Statute before-mentioned.
But this Aid, to make the Son a Knight, or to marry his Daughter, the D
Lord was to have by the Common Law of his Tenants, and the Statute puts
it only in Certainty. And the Lord may difirain his Tenants for this Aid,
and avow for the fame if he will; and he need not for to fue this Writ unlefs
he will. And this Writ is direted unto the Sheriff, and he may fue an Alias E
and a Pluries, and an Attachment againft the Sheriff, if he will not affift the
Lord to difirain his Tenants for this Aid.
And the King's Tenants in like Manner fhall pay Aid unto the King to F
make his eldeft Son a Knight, or for to marry his eldeft Daughter, &c. viz.
Every one who holdeth by a Knight's Fee twenty Shillings, and he who
holdeth by Half a Knight's Fee ten Shillings, and fo according to that Rate.
And in like Manner every one who holdeth of the King in Socage twenty
Pounds Land fhall pay twenty Shillings to make his eldeft Son a Knight, or
for to marry his eldeft Daughter. And he who holdeth ten Pounds Land in
Socage fhall pay ten Shillings, and that is appointed by the Statute de Provi-
fionibus, Anno 25 Ed. 3. cap. io. And the Statute fetteth the Aid certain,
becaufe that before the faid Statute, the King will diffrain for more to make
his Son a Knight, or to marry his Daughter; but now the Statute appointech
that the King thall have no more.
And if the eldeft Son dieth before he cometh to the Age of fifteen Years, G
or before the Lord hath levied the Aid to make him Knight, then the Lord
fhall have Aid for the younger Son, -to make him Knight when he cometh to.
fuch Age, and yet he is not prinogenitus flius, as the Writ doth fuppofe, but
he is the Primogenitus which is then alive, and that is fufficient, for he ought
to be Heir apparent. And fo it is if the eldeft Daughter dieth before the
Lord hath levied Aid of his Tenants for to marry her, then he may
levy Aid for the next eldeft which is then living, after the is of the Age
of feven Years.
And by the Statute the Writ which thall be dire6led unto the Sheriff to H
levy fuch Aid for the Lord, fhall mention that the Son is of the Age of
fifteen Years; and if it be for the Daughter, it fhall mention (he is of the
Age of feven Years, otherwife the Writ is not good. But that Form is
not in the Regifter, for it feemeth the Regifter was made before the Sta-
tute of Weft. j. and therefore the Writ ought to be according as the Statute
ordaineth it.

And
 Writ de Scutagio habendo. I89
I And if the Lord have Aid to make his Son Knight, or to marry his Daugh-
ter, and dieth before he hath paid the fame, then the Son or Daughter fhall
have an Aclion of Debt againft the Father's Executors for the Money ; and
if the Executors have no Goods of the Lord, then the Daughter fhall have an [ 83 .
Aftion of Debt againft the Father's Heir, for fo much of the Money as the see after Iaz.
wanteth of that which her Father had levied to marry his Daughter : And that G.
A is by the Statute of Weft. i. cap. 35. And he who holdeth by Grand Serjeanty
or Petit Serjeanty, thall not pay Aid to make the Son a Knight or to marry
the Daughter, as it appeareth M. I I H. 4. 32. (a).
B And if the Lord doth levy Aid for the Marriage of his Daughter, and af-
terwards marrieth her, then the Daughter fhall not have an Ation of Debt
againft the Father's Executors for the Money levied, &c. But if the Daughter
be not married in the Life-time of the Father, &c. by him, then the A6tion
doth lie. And fo it feemeth, that if the Son be not made Knight in the
Life-time of the Father, that he Thall have an Aaion againft the Father's
Executors for the Money levied to make him Knight.

Writ de Scutagio habendo.

C HIS Writ for Efcuage lieth in Cafe where a Man holdeth Lands of the Vide Lit. 9;
c King by Knights Service, to which Homage, Fealty and Efcuige is ap- and zo.
pendant: And he who holdeth of any Lord by fuch Service, who holdeth
over of the King by the like Services, when the King maketh a Voyage Royal
in War againft the Scots, or againft the Welib in proper Perfon, or by his
Lieutenant, then he who holdeth by Knights Service ought to go in Perfon,
or find a Man to go for him, in the War with the King, or his Deputy in
that War, for forty Days at his own Coft; and if he do not go, or not find
a Man fo to do for him, then he fhall pay for that Default, and not doing
of his Service, fuch Sum of Money as fhall be affeffed by Parliament; for a Vide 16 Eliz.
Knight's Fee fo much, and for Half a Knight's Fee fo much; and fo accord- Dyer 329-
ing to that Rate. And then he who holdeth by a whole Knight's Fee fhall ' b
pay fo much for Efcuage, as the Parliament doth affefs that a whole Knight's cNOety of a
Fee (hall pay,. if he hath not done the Service; and he who hcld eh by Half Kng hts Fee,
a Knight's Fee fliall pay according to that Rate ; and thofe who have done holdah by
their Services and gone in War, fhall not pay any Thing. And that-Sum of Knights Ser-
Money is called Efcuage, Servitium Scuti. vhall be in-
D And if a Man holdeth of the King by Knights Service, and to go;with tended, if it
him in his War, &c. then that Lord thalt have Efcuage of his Tenants who be not found 1
hold of him by the like Service; but the Sum which he Ihall have and levy to the con-
ought to be affeffed by Parliament. (as. afore is faid )'before he diffrain for trary.
the fame.

(a) Nor any other Tenures but Chivalry. and Socage, agreed by all the Jokei, H. 6
He
Avoury.267,

And
 190 Writ de Scutagio habendo.
T.at. 3s. And if a Man hold of any Lord, to : his Caftle in Time of War, or 17
to blow a Horn in the Time of Invafton of Enemies, the fame is Knights
Service: But it feemeth, that for tho{> Lans they fhall not pay Efcoage, if
they do not their Services, but the Lord fhall diftrain them For not doing
their Service, and thall have Recompence for the fame. So that none fhall
pay Efcuage, but only thofe who hold by fach Services, to go into the War,
or to find a Man to go, &c. aewcn gi
qure.
And if he who holdeth of the King by Knights Service to go with the King F
in War, do his Service, Lic. th-n he fhall have a Writ for him directed unto
the Sheriff, to have Efcuage of thofe who hold of him by the like Service.
And the Form of the Writ fhall be fuch:
The King to the Sherif, &c. Becaufe our beloved crd faithful W. D. had his
Service with us by our Comm-ard, in our Army of Scotland, in the frf rear of
car Reign. Or thus ; Was wi;th us by cur Ccimma7d ii our Army, &c. in the firfl
Tear, &c. as appears to us by the Rolls of A, our Confable of our Army aforejaid.
Or thus ; Hath made Fine with us for hs Service in our Arny of Scotland, in the
fAf Tear, &c. as appears to us by the Certificate of cur Treafurer and Barons of
our Exchequer fent by our Command into our Chancery: We command you, that
you ce , the faid W. D. to have his Efcucge of the Knights Fees, which they
then held of him in your Bailiwick, to wit, eight Shillings each Shield for the Army
aforgaid * and this ycu in no wife omit. Witnefs, &c.
And by that it appeareth, that if the King's Tenant goeth with the King's G
Lkutcnnt or his Deputy in War, that the Conflable of the Hoft ought to
czertify the fame into the Chancery before the King's Tenant fball have a Writ
to levy the Efcuage of his Tenants; and if the King's Tenants do agree with
the King for his going, &c. then the King ought to be certified thereof in the
Chancery by the Treafurer and Barons of the Exchequer, before that he fhall
hrwe a Writ to levy the Efcuag of his Tenants.
And by that it appeareth, that ;f the King's Tenant do not go in the H
Yoyage, nor agree with the King for that Voyage, tiat then he f1i11 not have
E{ieuge of the Tenants, nor diftrain the Tennts for the fame.
And if a Man holdeth of the King by Socage, and others hold cf him by I
Knights Service, and the King unalth a Vcy ge of War into Scotland and
W-ales; now it feemeth he fhall not have cuage of his Tenarts, if he goeth
not with the King in the Voyage ; but if he c-oeth with the King or his De-
puty, or agree with the King for that Voyge, then it feemeth he (hall have
Ef'u age of his Tenants, and fhall have the aforefid Writ. And it is not
mater1 al, whether he hold by Knights Serv.c( or in Socage.
And if there be Lord, Mefne and Tenant, and each hoildeth of the other K
by Knights Service, if the Tenant go into &otland by the Kigs conmon
Summons, then the Mefrie fhall not p., Efage : ' cci6ccditur per Cur'
Trin. H. .
L 4. ] And if a Man holdeth Lands by fuch Szrvice, thLt he fhall pay a Penny, A
Vedc Title or a Pair of Spurs, when Ei uage runneth, &c. the fame fhil not properly
A 'Ok v 2T 5- be Efcuage, as it appeareth in i5 Ed. 2. Title Atwy in the Abridgments.
See belre8
E. " "Li-:- 26G

And
 Writ de Scutagio habendo. 191
B And vide 19 R. 2. that Gardcr of a Caftle doth countervail Efcuage, fo
that his Heir thall be therefore in Ward, and fo of Grand Serjcanty; and
yet it feemeth they (hall not pay Efcuage. Quod vide in Title Gard, ibid.
24, 36.
C And in Title Zare impedit, in the Abridgments, that Ef'cuage certain doth
not make Knights Service. Hil. 5- 3-
D And if there be Lord, and many feveral Mefnes and Tenants, and each
holdeth by feveral Knights Service, if the Tenant Paravail of the Land doth
the Services, and goeth with the King in War, &c. the fame fhall excife all
the other Mefnes; for for one Land but one Service can be denanded, viz.
to go, or to find a Man to go, &c. and fo the Mefne Paramount here is ex-
cufed, becaufe that the Scrvice is done by the Tenant, - c.
E And when the King will levy Efcuage of his Tenants, hec ufeth to -grant a
Commiflion to certain Perfons. And the Form of the Commiflon is fuch:
The King to his beloved, &c. We have afigned you to lejy and colleft our Ef-
cuage of our Army of Scotland, in the fift Tear of our Reign, in the County of
K. as well within Liberties as without, of the Knights Fees which they then held
of us in Chief, or of the Efcheats and Honours then being in our Hand, or of the
Purchafe of our Anceftors or of us, as of the Knights Fees which are held of
Archbilhopricks, Brjhopricks, Abbies, Priories, or other Dignities or Offices E<-
cleftafical whatfoever which were then in our Hand, and of the Inheritances
of Heirs within Age, and being in our Cuftody ; to wit, forty Shillings of eve~y
Fee for the Army aforefaid; fo that you may have all the Monies thece.
coming, with all Particulars,at our Exchequer as foon as you can, to be paid
to us there. And becaufe many of the Fees aforefaid have come to the H7.Ids of
divers Perfons, as well in the Times of our Anceflors as in ours, to wit, face by
hereditary Defcent, as well in Parcels as in other Manner, andjome by Aliuatins
thereof diverfely made, we afign you to inquire by the Oath of honeft and lawful
Men of every Hundred in the County aforefaid, as well of Knights girt with a
Sword as of others, by whom the Truth of the Matter may be better known, who
held Knights Fees, or any Part of the fame Fees in the fame County in the Time
eforefaid, as of our Crown of England, or of the Purchafe of our Anceftors and
us, and of the Archbihopricks, Bi(hopricks, AIbbies, Priories, and other Dignities
and Offices before faid, and alfo of the Inheritances of the Heirs afcre/.id, thens
being within ,ge, and how many Fees, and what Parts of a Fee, every fuch Te-
nant then heid, eand in what Towns difihTmly, and who were Anceflors of them
who held by hereditary Defcent, and Uho in other Manner, and who alfo were
the Heirs within Age and in our Cufiedy,. and what Archbijhopricks, Bbopricks,
Abbhie and Prioris, end other Dignities whatfoever or Offices (the Keeping of tkie
Temporals wherecf belongs to us) were vacant at that Time. And thereupon we
conmand yot, by the Faith wherein you are bound to us, firmly injoining that a;
certaii Des~&c. y~ do agd fulfil the Premies in Manner aforefaid, and the
rr&quitions upon the Frjegfes diftinly and openly made, which may make plain
M:tionl cf every Fee, and of the Names and Surnames of the Tenants fome Time
feerclly/-Jhing Thwi, while they were behi whole, and of thofe who afterwerds
S1ac'efrl held then after Partitions of the fame betwees Heirs Parceners, cr by
o i af fa Jd, hav a the Exchequer afo refaid, about the Fea/l of
as
 192 Writ de Securitate inveniend', &c.
Eafter next coming, under your &,,ls and the Seals of thofe by whom they were
'de. [We alfo comnz;;,vd ca'r Sherfr of the C ao'y aforefaid, that at certain, &c.
he caufe to come, &c. fo mn: anid fuch h a; ;:d ,. lawful Men, as well Knights
girt with the Sword, as others of his Bailisick, as well within Liberties as
without, by whom the Truth of the Matter x ay be better inquired and known,
and that he do obey and attend upon you in the Premiffes: We alfo command the
Treafurer and Barons of the Exchequer afcrefaid, that they fpeedily fend to you in
Writing fuch Fees as are found at the Exchequer aforefaid touching the Lands and
Tenements in the County aforefrid, foi Evidence and for the greaterExpedition of
the Pren:fes : In Teflimony whereof, &c. Witnefs, &c.
9 Ed. 2. Br. And a Venire facias ffiall be fent unto the Sheriff clofe upon this Commif-
Tenures 68. fion, and another Writ clofe unto the Treafurer and Barons, &c. quod Foeda
Leffee for Life
may do Efcu- rittant, &c.
age, 6 Ed. 2. And now it appeareth by this Commiflion, that the King thall have Efcuage F
Gard i z. he of the Tenants who hold of thefe Lands or Manors which the King hath in his
thall have the Hands by reafon of Ward, or by reafon of the Vacancy of a Bifhoprick, &c.
Ward, becaufe Or if he have an Eftate for Years in the Seigniory, he fhall
it is a Profit
have Efcuage of
Le ihall have the Tenants, &c.
Efcuage, And fo fhall another Lord have, if he have a Term for Years or for Life
becaule it is in the Seigniory, if he go in Voyage with the King in War into Scotland, &c.

aySu ilel Ile fhall have Efcuage then of the Tenants which hold of him by Knights
Scrope cont. Service ; for the Tenant is not bound to go, but for to defend his Lord, or
to find a Man for to defend him ; and then if the Lord do not go into the
War, the Tenant is excuced.

1 85. 1 Writ de Securitate inveniend' quod fe non divertat ad

Partes exteras, fine Licentia Regis.
Vide i Eliz. IT Y the Common Law every Man may go out of the Realm (a) to mer- A
Dyer 165. .L) chandize, or on Pilgrimage, or for what other Caufe he pleafeth, without
the King's Leave; and he Ihall not be punifhed for fo doing ; but becaufe
that cvery Man is of Right for to defend (a) the King and his Realm, there-
fore the King at his Pleafure by his Writ may command a Man, that he go
2 Co. 17. b. not beyond the Seas, or out of the Realm, without Licence; and if he do

(a) See Dyer 189. If one beyond Sea does not the Certificate fent by Minimus into the Exche-
return at the King's Command under the Great quer, a Commiflon lball iffue to feize his Lands.
or Privy Seal, his Lands and Goods ihall be And Note; 1t is there held, t. That the LI_
feized for the Contempt. And fee the like in cence is not counteinandable within the Term.
Djer 176. where a Baron had Licence to go 2. That the Certificate of the Contempt is not
beyond Sea, to be void on a Condition which is traverfable, becaufe not triable per Payr. Note
a terwards broken. On a Mandamus to return alfo; The King has only the Profits of the
by Letters under the Privy Seal, and a Refufal Lands, and therefore bferve well the Statute
-crtified by the heftetger into Chancery, and Eliim 3. Djer 3E7x.
M3 i

the
 Tift de Securitate inveniond', 3:c. '93
.he contrary, he fhall be punifbed for difobeying the King'; Command. And
it feemeth that this Command may bc made by the King's Writ under the
Great Seal, and alfo under the Privy Seal, or his Signet; for by the Law the
Subjea is bounden to take Notice of every of the King's Seals in fuch Cafe,
as well as of the Great Seal.
IB And there are two Manners or Forms of fuch Writs ; one is direOed unto
the Party, and the other unto the Sheriff, commanding lim that he caufe
the Party to find Security that he fball not go out of the 11iJcn without tcc
King's Licence. And the firft is fuch:
The King to I. of B. greeting: Becaufe we are given to under2aiu, that Ycu
defign to go out of the Way toward foreign Parts, and intend to profeczte thero
many Things prejudicialto us and to our Crown, in Contempt and Prcjudice of s,
and contrary to our Proclamations and Inhibitions thereupon often xmade: We,
willing to oppofefuch Contempt and Prejudice, fritly (a) forbid you, under the Peri
that may fall thereon, that in any wife you go not out of the Way towards foreg
Parts without our fpecial Licence, nor attempt or caufe to be attempted any Thing
to be profecuted there, which may in any Manner be able to prevail to the Pre-
judice of us or of our faid Crown, neitherfend any Perfon there for this Purpofr.
Witnefs, &c.
C And alfo the King by his Proclamation may inhibit his Subjeas, that they
go not beyond the Seas, or out of the (b) Realm, without Licence, and that £2 & T3 Eliz
without fending any Writ or Commandment unto his Subje&; for perhaps Dyer 296. ac
he cannot find his Subjea, or know where he is, and therefore the King's
Proclamation is fufficient in itfelf. And if the Subjeaft do contrary thereunto,
it is a Contempt, and for fo doing he lhall .be fined to the King.
iD The other Form of the Writ direaed unto the-Sheriff is fbch:
The King to the Sheriff, &c. Becaufe we are given to underfiand that A. B.
Clerk, purpofeth to go over towards foreign Parts to profecute there many Things
prejudicial and hurtful to. us and many of our People: We, willing to reliff his
Malice in this Behalf, command you, firmly enjoining that you caufe the aforefaid
A. B. to come corporally before you, and by what Means you can compel him to
find fujficient Manucaptors who will bail him, under a certain Penalty to be rea-
fonably impofed on them by you, for which you will anfwer to us. Or thus ; And
him the faid A. B. to find fuicient Security, under the Penalty of one hundred
Pounds, to be paid to our Ufe, or every one of them in the Penalty of, &c. that
he (go not out of the Way, or) turn himfelf towards foreign Parts without our
fpecial Licence, ncr /hall vrefume to profecuite, or caufe to be attempted to be pro-
fecuted, any Thig whai076JAr there, which.' may' be able to prevail to the Contempt
of us, or to the Prejudice or Daiage of our People, weither fend any Perfon or
Perfons there for this Purpofie. Ind if he Jhall r'efufe to do this before you, that

(a) See fevealancient Prohibitions De non zgi accordant. But till fuch Proclamation made
tranjrelando, C. Rot. Clauf. io H. 3. m. 27. or Writ iffued, it is no Contempt for any Perfon
dorio. Clauf. i H. 3. n. zs. dorfo. Claof. to go beyond Sea, although he intends to live
Ed.. 3 . m. 5. dorfo. Et Nc!a Clauf 3 Ed. -. there- out of hi- due Obedience: For his Pur-
wt -6. dorfo, apponzur PA We
d Dve tanium. pore or Lucnt is not triable. See the Statute of
(i) See Dyer 16;, & P-I. C/H 23 Fd. 1. 5 R. 2. c. 2. repeaied by Stat, 4 Ja:. I. c.
C.
: 5 dorfloC
Lib Pathe . d enDcr
Co then
 19. Wri t of Trefpafs.
A y;u v d co;;zmit him the faid A. to our next Gaol, to be kept fafely in the fame
~ be will freely do this , and when you jhall have fo taken that Security, you
ai
t'hereutpon .thut Delay fhall renderus more certain, or fhall without Delay certify
vs in our Chancwy under your Seal dftintily and openly, remitting to us this Writ.
W itnefs, &c.
And this Writ may be dire&ed unto Juffices of the Peace, or unto the E
Sheriff, or unto both ; and the Form may be as the Writ of Supplicavit, which
is dircded- unto the Juffices of the Peace, and unto the Sheriff, to caufe him
to find Sureties, &c.
And every one, upon a Surmife made unto the Chancellor, may fue forth F
this Writ for the King; and then the Party againft whom it is fued may
come into the Chancery, and obtain Licence by Letters Patent or by Letters
under the Privy Seal or Privy Signet ; and the Licences are good, although
Rcpealed per they be not under the Great Seal, becaufe thore Letters will excufe his Con-
4 Jac. a. c. s. tempt. And fuch Licences are called (a) Paffports, And now by the Sta-
tute of 5 R. 2. C.2. it is ordained, That no Perfon pafs out of the Realm
without the King's Leave, but thofe who are excepted in the Statute,, and
therefore fee the Statute.

Writ of Trepafp.

of Trefpafs: One is of a Trefpafs

T which is are
HERE Vicountiel, Writs unto
and is ofdire&ed
two Manners the Sheriff, and is not return-
able, but fhall be determined in the County before the Sheriff; and in this
Writ he fhall not fay, ujtare vi & armis, &c. but the Form of the Writ is
fuch:
[ S6. ] the Gng to the Sherif of Lincolnhire, greeting: W. of B. hath complained
unto us, that C. made an Afault upon him the faid W. at N. and beat, wounded
and ill treated him, and other enormous 7'hings to him did, to the no fmall Da-
mage and Grievance of him the faid W. And therefore we command you, that
you hear (b) that Plaint, and afterwardsjufly caufe him to be thereupon brought
before you, that we may hear no more Clamour thereupon for want of Jufuice.
Witnefs, &c.
And by this Writ the Sheriff thall hear and determine that Trefpafs, &c. by
Inqueft according to the Common Law; and this Writ is in Effed a Com-
mitfion unto him, and he may declare upon this Writ unto his Damage of
twenty Pounds, or more.
And another Form of (c) Writ for Goods is fuch: A

(4) See the Statute of MIagna Charta, c. 30. Judgment was affigned, becaufe the Plaint was
That the Sea (hall be open for Merchants. Rot. held before the Under-Sheriff, and not the She.
Par. 18 Ed. 3. n14. 10. 22 Ed. 3. n. 8. 25 riff himfelf; and fo coram non 7udice.
Ed. 3, vu. 22. (<) Note; The Writ, if for live Things, is
(t) And yet the Sheriff is not Judge, but the cepit & abduxit; if for dead Things, it is cpit
Suitor!, 6 Co. i. yet fee a H.6. 35. Falfe & (forta-vii.
 Writ of Trffs. I9,5
be King to the Sherif, &c. W. and B. Execuiors of the Trqtament of C. k'
.complained unto us, that E. and F. took and carried away Goods :d Cbatcl4
which were of him the faid C. to the Value ef, &c. fund under the Cjiedy of
them the faid Executors at N. and other enormous Things to them did, to the hir-
dering of the Execution of the aforefaid 7eflament : And therefore, & c. that -ce
may bear no more, &c.
D And a Man may flue other Writs of Trefpafs upon the Cafe in the Coung
before the Sheriff; and the Forms of the Writs are filch:
qhe King to the Sherif, &c. A. bath complained unto us, that zhereas B. did
deliver a hundred Sheep of his to the aforefaid A. to fiy or be kept fir -n* er r
upon his Land and Pafture at N, under certain Conditiorns, the aferiaid B. tack
and carried away thofe Sheep, being there upon the Land -f him the frid A.
within the !term aforefaid, without the Licence and Will cf the pme A. and other,
&c, to the Damage, &c. By which Writ it appearcth, that he cannot take
back the Cattle again, if the Plaintiff perform the Conditions.
C If a Man borrow a certain Sum of Money, and doth pawn Goods for the
fame, and he offereth the Money again unto the Party, and prayeth that the
Pawn may be delivered back to him, and the other refufe to do it, he fhall
have an Aaion of Trefpafs upon the Cafe in the County before the Sheriff,
to determine the Matter, &c.
D If a Man doth deliver unto another a Bull, or Oxen or (a) Cows, to make
his Benefit of them for a certain Time upon Condition ; if i,, againift the
Will of him to whom they were delivered, take them back agiin within the
Time, he fhall have an Adion of Trefpafs againt him directed unto the She-
riff, to determine that Caufe.
E If a Man do diftrain Kine which are with Calf, and impound them againft
Law for fo long Time that they caft their Calves, then he fhall have a
fpecial Writ direded unto the Sheriff, rehearfing the fpecial Matter, to end
the fame before the Sheriff in the County.
F And fo if a Man have a Salt-pit by the Sea-coafts, and another eredeth a
Wall betwixt the Sea and the Salt-pit, if the other Perfon throws down the
Wall, by which the Sea-water overfloweth the Salt-pit, he fhall have a fpe-
cial Writ dire&ed unto the Sheriff, to end the Matter in the County.
iG And fo for every Manner of Trefpafs done, a Man may (b) chufe to have
fach a Writ dire&ed unto the Sheriff, to end the Matter before him in the
County, or to fue a Writ unto the Sheriff returnable in the Common Pleas or
the King's Bench,

(a) Note; This 1pecial Writ, 9ueflus efl nobis 2gaint a Stranger the Bailee fhalI have a general
A. qod cam B. vigini aes, &c. liberjfet, &c. Writ of Trefafs. See ii H 4. 17. 21 H. 7.
prad'B. fine Licentia predilli A. oves illas infra 15. and Ihall recover Damages to the Value of
Yerm' <epit & abduxit, Regifler 92. For it is the Beaus, becaufe he is chargeable to the Bailr
clear the Bailor in fuch Cafe cannot retalke them in Detinue. But if after the Taking the Bailor
within the Term. 2 Ed 4. i3, releafes to the Trefpaffor, the Aaion ri & Zr-
17 Ed. z. 22.
IH. 7. 15. And yet if he or his Donee takes mis remains as before; and yet on the Matter
them, the Bailee fiall not have a general Writ thewn, he fball recover Damages only for the
of Trefpafs; for then he ought to recover -,Da. Corpefluring. &c.
mages to the Value of the Beafts, againft him ( Y So that it feems in a Jtflidei the Sheriff
who has the general Intereft, which is not agree- may proceed, though the Freehold comes in De-
sYc to Reafon. See IsIW 4r 24. adjudged; bvit bate. 6 H. 4. 2.
Cc And
 r96 Writ of Trefpqfs.
And if the Writ of Trcfpafs be returnable, then the Writ fhall be of ano.,
ther Form, for thtn thefe Words Vi & uAnnais (a) fhall be in the Writ; and
if it want thofe Words, the Writ (hall abate, if they be not Writs of Trefipxs
upon the Ca!fe , which Writs of Trefpals fhall not have thefe Words (ta-;re F
f rwis in the Writ, although they are .returnable in the Common Vleas or
King's B och ; and if thcv have the Words Q<are Vi L4 Armis in the Writs,
it fhll b good Caufe to ab:te th Writs. And the Form of a Writ returnable
rn the Kir, 's Bcr ch ;s fuch
The K.: ;c the h & c IJ A. ,4!! nah'e yu fecure, &c. then put by I
G.s ,,:.:d P. epsE , h e be before as on the Morrow of Al Souls,
:Mfrall then e iin England. And if it be returnable in the Com-
mn1oz Vleas, then thus: B Jore our yufiices at Weftminfter on the Morrow of All
0to
Jew (b) wcherefore with Force and Arms he made an Affault upon him
tihe fa*d A. at N. cad beat, wounded and ill treated him, fo that his Life was de-
jpaied anther enormous Things to him did, to the great Damage of him the
ev,
faid A. c;:d (c) again;? our Peace: And have there the Names of the Pledges and
this W . Witnefs, &c.
And if a Man do imprifon another, then the Form of the Writ of Trefpafs K,
is, To jiew wherjcre with Force and Arms he made an Affault upon him the faid
A. at N. and (d) wouwled, imprifoned and ill treated him, and other, &c.
And it is not material whether he be wounded or not, for the Form of the
Writ is fuch; but the Damages fhall be increafed for the fame, if he do re-
cover. And if he do imprifon him until he pay a Fine for his Deliverance,
then the Form is, Wherefore with Force and Arms he took, imprifoned and ill
treated him the [aid A. at N. and detained him in Prifon there (e) until he had
made a Fine (for fo much) with the faid B. for the having his Delivery, and
other enormous Things to him did, &c.
H.I.4 '3. And a Man may have one Writ of Trefpafs for divers Trefpaffes (f), L
Ed 6. &c. as for breaking of his Clofe, cutting of his Trees, filhing in his Ponds,
Dyer "o.
2L0 3.-l 38.
beating
per Thorpe.
: H. 6. 59. (a) But the Caifa caufans, or immediate Caufe (e) And if he juftifies the Imprifonment, he
and Conveyance to an Ation on the Cafe, may need not anfiver to the Taking of the Fine, for
be laid Vi & Armis, I z H. 4. 3. 8 R. 2. Ation it is but acceffary ; and therefore the Plaintiff
fur le Cafe, 29 Ed. 3 20. 16 Ed. 4- 7. other- ought to anfwer to the Juffification of the Impri-
wife if it were only for Non feafance, 43 Ed. 3. fonment, and not the Taking of the Fine. Qurre
39. See 2 S 636. 19 Ed- 3. 19.
(b) Note; If the Writ be, Simal cnm ali/s lla- Note; If one be taken in the County of G.
,a ib' wi & armis, Uc. it fball abate; other- and imprifoned till he makes Fiie in the County
wi e if it be Simul cam allis ignof. 8 H- 5. 5. of W he may have this Writ in the County of
) .: ; If he counts of a Trefpafs done Part G. 3b Ed. 3, 29.
in another King's Time, and Part in the prefent (f) Yet for taking of a Hawk (reclaimed) he
"ng'o Time, the Writ fball be, Contra Pacem fhall not hive Trefpatk, but Trover and Con.
:my Do.' Rqis, &c. & Dom' Regis nwsc, &r. verfion. Quere 2 Lev. 201. i Salh. b67, &c,
and it fhall be good reddendo fingula finguis. and the Count ought to be that he is rtclaimed;
: i H. 4. 15. And on a Writ contra Pacem no- and it is not fufficient to fay he was polkted of
/ram only, he fhall not recover Damages for a him as of his proper Goods. Dyer 306. Treff.
Trefpafs done in the Time of another King. See pals de Bonis afportatis ought to alledge them t3
2 Sall. 640. befuis. i3 H. 4 . i 1.
(d) Jlote well ; A Juftification for a Battery is Note ; In fuch a Writ the Defendant pleads,
oc j . fb%xionding, &c. 2 H. 6. 27, That as to a Phealant, he found it in his cwi
Ground,
 Writ of Prfp ft . 197
beating of his Servants, and taking of his Goods and Chattels, and all in
one Writ; and for cutting of his Wood, and for taking his young Hawks
and the Form of the Writ is, Wherefore with Force aud lms he cntered the
W Uod of him the faid A. at N. and took and carried away three younlrg oes
of his Hawks of fo nuch Price, lately building Nefts ini the fame Wooid , and
or \r enormous Things, &c.
And by this Writ it appeareth that the Prop rty of the Hawks are in him
who hath the Land by the Word (fuorum) in the Writ. Poft. 9.
M And for hunting in a Warren the Form is, 11herefere he entered the Warren [ 87. ]
of him the faid A. at N. and lherei;, w1hbot his Licence andWill, chafted, and 3f H. 6 38.
too" ,,id carried away (a) Hares, Conies, P-heafants and Partridges, .b) &c. 38 Ed. 3. to.
Pof. 89. K.
A And if a Man hunt and take away another Man's Conies in his Clofe 43 Ed. 3. 13.
which is no Warren, then the Form of the Writ is, Wherefore, &c. he broke lre. Property
the Clofe of him the faid A. at N. and therein without his Licence and Will, '
chafed, and took and carried away Jo many Conies (c) of jo much Price, &c.

Ground, out of the Plaintiffs Warren, and he keep them out, and thz Greyhounds kill them,
let his Faulcon flie at it, who followed it into I may now take them, and am not punifhable ;
the Warren, &c. and the Defendant followed otherwife if the Lands are not a convenient Dif-
his Hawk thither and took it; and it was ruled tance. i8 H 6. 22 3 Ed- 3.- 8
4
in a Manner by Kniver, That the Entring and Note; In Trefpafs for entring into a Park;
Taking there was tortious. 38 Ed. 3. to. Warren, &c. it is no Plea to fay it is no Park
Otherwife if the Killing and Taking had not or Warren, but he muff plead Non cat', and give
been in the Warren. 12 H. 8. to. See in the Matter in Evidence, io H. 6. 16. 19 H.
Trefpafs Quare vi & armis in Warrenam fuam 8. 9. and therefore it is held clearly, that if
inlravi. It is no Plea in Bar that the Freehold one has a Warren, if he inclofe or impark
of the Sail is in the Defendant. See 3 H, 6. 13- without the King's Licence, and another hunts
5 H 7. to. 17 Ed. 4 6. 1o H. 7. 25. there, and he brings Trefpafs de Parco fraElo
ix H 6 3 4. contra. the other may plead Non cul', and give this
Note this Diverfity. T. If one comes into Matter in Evidence; for none may have a Park.
a Chdie, Forell or Warren, and drive the Beafts without the King's Grant, or by Prefcription.
oet of ir, and he who drives out the Beafts, or Note alfo; The PlainuWf in this Writ does not
any other who has Notice of it kills the Beafts, make any Title to the Park in his Count, and
the O-ner of the Foreft, or his Officer may therefore it is nu Plea, that he had no Park by
make frefh Purfuit, and thereon take or feize Prefeription or Licence. For how can Judg-
the dead Beaft- for fo long as he that killed it, ment be given on a Title wiere none ih alledged:
had Notice, &c. the legal and local Property 18H.6 2t.
on the fK2 Purlult lhall be faid to corminue. (a) Note; He 'hall 'no fay Lepores fuos, for
iz H 8 to. adjL< g d. 2. If a Bead of Foreft, he has not the real Prcpeity in them, but only
Chafe, &c. cor. 2s by Efcape into my Land, I a Property Caufa Wacrrenv, and only during de
may kill him on my own Grouid without fore- Time they are in th Warien. 3 H. 6. 55.
Ralling him, and the lame it not punifbable. (b) And he Thal thew in his Count the
32 H. 8. 1z 2j H, 7. 30. provided it be not cercain
Quantity (or Number) of tie Thirg,
an Hart proclaimed 7 H 6. 36. 3. If Beafts but he thal not lay pirtio (or of what Value)
of Chafe come by W.cape in-o my Land, whicrl Qwre, 30 Ed, 3. 1p. for it is only (Fr.,)
is a convenient Diflace from the Pak, I may in this Writ
chafe them with Greyhounds; and if the Grey- (c) Note; He Thall not have Trefpals for the
hounds fAlow them towards tie Park, and I Cories only. 43 Ed 3 24,

And
 x 98 WIM Of TrOaP.
alut ie s And by this Writ 't appeareth, that he who hath the Land hath no Pre-
5 . perty in the Conies. And fo of a Park - Wherefore, &c, (a) be broke the Pare
of Nim the id A. at N. and in it, &c. chafed, and took and carriedaway the
id lBeajis. Or thus; ,Wherefore, &c. the Herbage of him the faid A. at N
is:e.l grazig, or the Ccrn' of him the faid A. at N. lately growing, to the Va-
use often Pounds, th certain Cattle he fed, (b) trod down and confumed, and
2:hcr, &c. And he need not fay in the Writ, Wherefore he broke the Clcfe,
&c. an~d the Herbwgc, &c.
And there is anothcr Form of Writ of Trefpafs, Of digging the Soil and B
caring a te Sa Coal. And another Form of Writ in the Regifter, Of C
Uis Herfe and Cattle arrefiedwithout Caufe, until he lhall make a Fine.
And another Form, Of his Houfe broke and Timber carried awayD
And the Writ of Trefpafs for Executors for Goods taken ot of their Pof- FE
fciion, which is fuch:
Th, Ki;ig, &c. If A. and B. Executors of the 7eftament of C. }hall make
Gu fecure, &c. then put, &c. wherefore he took and carried away four Oxen,
which were his the faid C.'s, of the Price of one hundred Shillings, found in the
Cuf1ody of them the faid Executors at N. and mowed the Corn of him the faid
C. there growing, and took and carriedaway the fame Corn, and other Goods and
Chattels of the Jame C. found there in the Cufody of the fame Executors, and
other enormous Things to them did, to the delaying of the Execution of the Will
aforefpid, and againf our Peace.
And if an Abbot -nd his Monks break the Seal of any Writing which they F
have made to another Perfon, the Party (hall have a Writ of Trefpafs againft
them in fuch Form:
9The King, &c. If A. ihall make you fecure, &c. then put the Abbot of C. and
1. and D. Co-Monks of the fame Abbot, &c. wherefore, &c. a certain Writing of
him the faid A. fealed with the .common Seal of the aforefaid Houfe, by which the
fame Abbot and Convent were bound to the aforefaid A. to find her in.Vialuals and
Cloathing and in all her Necejfaries, until the fame Abbot and Convent jhould marry
her the [aid A. to fome Man having twenty Pounds of Land or Rent, found at L.
they malicioufly broke, and other, &c.
And alfo a Man may have a Writ of Trefpafs for fi(hing in his feveral Pif- G
cary, and for cutting of his Grafs, and for plowing of his Land, or for fhear-
ing of his Sheep, and all in one Writ.
And another Form of Writ for mowing of his Corn, and cutting of his
Grafs, and felling of his Woods, and eating of his Corn and Paftures, and all
in one Writ.
And alfo another Writ of Trefpafs made unto a Woman before (c) Cover- H
ture, which is fuch: If
(a) Note; The Defendant ought to anfwer to general Writ. 9 H1. 6. 2. 47 Ed 3. te. ad-
the Breaking of the Park; as alfo to the Driving judged.
or Chafing. 20 H. 6. 37. WelI. i. .zo. and (b) And Note; He has only a local Property,
the Plaintiff thall recover for the entring into the and it is void without a fpecial Cuflom to the
Park, tho' the Defendant does not hunt, if he contrary. If Beafts of Chafe or Foreft go out of
came for that or other ill Purpofe. 5 H 5. i. the Bounds of the Foretl, he in whole Lands
Note; The Plaintiff ihall not have Judgment they are may kill them, except a Hart pro-
.according to the Statute, if he does not bring a claimed. 7H. 6. 36. 21 H- 7. 30. 4 Ed. 3- 8-
3
fpecial Writ according to the Statute, and not a (c) Note; This Writ does not fuppoe a dam
fola,
 Writ of Trefpafi. r99
If A. and B. his Wife hall make you fecure, &c. then put, &c. wherefore, &c.
he broke a certain Cheft of her the faid B. found at N. and took and carriedaway
a certain Writing obligatory found in the fame Cheft, &c. and other, &c. to the
great Damage of them the faid A. and B. and againi our Peace.
I And another Writ in the Regifter, Of taking away a Ship, and carrying away
the Chattels.
K And another Writ, Of Corn and Grafs of Vineyards fed, &c. And another
Writ, Of Corn and Grafs of Coppices fed, &c.
L And another Writ, Of a Pool broken, thus; Wherefore, &c. he malicioufly
broke a certain Pool at R. by which the Water running from the fame Pool over-
flowed the Fijh-pond of him the faid A. infomuch, that by the Courfe of that Wa-
ter and the Inundation aforefaid, the 1YFzh then being in the fame Fh pond to the
Value of one hundred Marks,-. iued thereout; and other, & c.
By which it appeareth, that he Ihall have a Writ of Trefpafs Vi & Armis,
becaufe he caufeth the Water to run out of his Pond,, by which the Filh there
go away.
M And there is another Writ,. De Equis abdulis, and Goods and Chattels unto
the Value of five Pounds and one hundred Shillings, of Money in Money told,
ibidem invent' cepit, &c.
N And there is another Writ of Trefpafs againft thofe who lie near the Plain-
tifPs Houfe,. and will not fuffer his Servants to go into the Houfe, nor the
Servants who are in the Houfe to come out thereof; and for taking and im-
pounding his Cattle, and not fuffering him to fue a Replevin, &c. And the
Form of the Writ is fuch:
The King, &c. If, &c. put, &c. wherefore with Force and Arms they befet the
Houfe of him the faid A. at H. and his Men and Servants, being out of the faid
Houfe, would not permit to enter the fame Houfe to do therein for the Service and
Profit of him the faid A. and certain others his Men and Servants, being therein,
would not permit to go out of the fame Houfe to the Land of him the faid A. there
to till it, by which one hundred Acres of Land of him the faid A. remained un- [ 88.
tilled, and the fame A. for a long Time hath loft the Profits of his Land aforefaid,
to the Value of twenty Pounds, and his Service of the fame Men and Servants ;
and alfo impounded there the Beafts of him the faid A. and detained them there
impounded, not permitting them to be replevied to the fame A. according to the
Law and Cuflom of our Kingdom; and other enormous Things to him did, &c.
A And there is another Writ of an Houfe broke, and Prifoner taken away,
thus:
Wherefore with Force and Arms they broke the Houfe of him the faid A. at N.
in which the fame A. (a) detained one H. of C. a Scot, taken by him in War as
his Prifoner, until he Ihould be fatisfied of one hundred Pounds, for which the fame

fola, but the Count does,

21 H. 6. 30. 7 H 7. 2. ter P4 Se7 t e
Dyer 1o5. but if it be of a Battery of the Wife Bona & Catalia, and he counts of Pikes or
before the Coverture, the Bill or Writ fhall be Tenches, Horfes or Cows, the Writ fhall abate,
dum fola. See zz Af 87. and the Verdia may for they fhall be intended living: 71'heefore the
find all Guilty, where one only beats, &c. Writ for tbefe ought to be fpccial, wiz Equos,
(a) Note; If this Writ be Bona & Catalla, varaj,
he may not count of one live Thing, as a Horfe, Note; Where the Writ was de Boch & Cara?.
&c. but ought to have a fpecial Writ, so H. 6. 17s, it concluded ad Yalenuarn; as 3 Ed. qzios
az- yet fhall not abate forVauianc of the Count; P16a, &C, a 1t1. 6. 39 D 12 1oe k
H.
 co fit of T .lJpfs.
H. 1rd- R
77) jajIn with the afonfid A. for j~ia dw Lf, and tak an,
cried n;w,; him the fd H. and heIbr enormans ltns &c.
2& 3P. & And note, That the Form of the Vric for a live Thing, as Horfes or Men, I'
v er Izz. or fuch like, is to fay, Ccperuwt & abd:unt; .md for a dead Thing, to fay,
Ceperunt & Sc.C.frtarer',
\nd there is another Writ of Trefpafs ; if a Min take aaother and imprifon C
him until he make Oath that he vill :-ot trouble nor kniprifon him for a Tref-
pats done to him before, or imprifon him until he hath made unto him a Re-
leaf. of all AIions.
And if a Man taketh his Villain and puts him into the Stocks, and others D
come and break the Stocks, and Ikt him out, he fhill have an Acion of Tref-
p'afs, and the Form is,
Wherefore when he the faid R. took S. his Vlain and Fugitive in his Mur
at K. and thcre pwt him in the Siccks to chclije him, as it was lawfId for him to
do, becaufe he was not juflifiable to him the ftid R. the afore.idd, &c. with Force
amd Irms broke the Stocks aforefaid, and took and led away him the faid S.
L0ft. 39. M. There is another Form of Writ, thus : Wherefere with Force and Arms, &c. E
he filled a certain Ditch in L. with Earth and Mud, that the Water iffuing from
the Ditch aforefaid overflowed the Corn of him the [aid W. being in Sheaves in
his Barn there, bywhich his Cori aforefaid, to the Value of one hundred Shillings,
was putrified, and plucked up by the Roots his Tfrees there lately growing, to the
Value of forty Shillings, and with certain Beafis fed, trod down and confumed his
Corn there lately growing, to the Value of forty Shillings, &c.
And by the firft of thefe Writs appeareth, that that is an Aaion of Tref-
pafs upon the Cafe, and the Refidue a common Aion of Trefpafs.
And if a Man draw Wine out of the Veffeis, and put Water in the fame F
to Fill them up again, he fhall have an Afion of Trefpafs in this Form:
Wherefore with Force andArms, &c. he drew out fixty Flagons of a certain Tun of
Wine Fhim the faid A. of the Price of four Pounds, put in the Ship of the afore-
fiid I. at S. to be brought from thence to S. and f/led up that Tun with Sea
Water, fo that the Refidue of the Wine aforefaid became corrupted, and wholly
perijhed ; and other, &c.
317.4. 2.b. And another Writ of the Filh of his Pifcary, and Herb fed up, and Land G
& infra H. digged, thus:
Wherefore with Force, &c. he fi/hed in the free Fihery of him the faid A. at
N. and cut down his Grafs there lately growing, and likewife dug in his Land
there, and took and carried away the Earth there caf up, and the aforefaid Grafs
and the Fih (a) of the Filbery aforefaid, to the Value of one hundred Shillings, &c.
SH. 7. 13. (b) And it appeareth here, that there are divers Manners of Forms of fifh- H
12pra G. irg in his Filh-pool: One Writ is, Wherefore, &c. heffled in his Fifheries, &c.

(a) Though the Writ be P:/cem, he may 17 Ed. 4.6. 18 Ed. 4. 4. ioH. 7. 24, 27. and
count of more Fifbes; for the Word Pifis is No- yet he cannot have a feveral Pikary in another's
4." clldhvum. 4 H. 6. 1I. Soil, as we a3 a free Pifcary by a fFecial itle.
b) ote; In Trcfpafs for fiMhing in his feveral 7 H. 7. 13 20 H. 6. 4.
Fib:ery, liberum fenementum is a good Plea, but AJA Note, That he who has MeramPifariam
he cannot conclude judgment fi dJ:w without may have frefpafs againf a Stranger; for he has
Title thewn. For in Trefpafs the Thing itfelf more than Common of Pifcary. 17 Ed. 4. 7.
;r 3t in Demand, as it is in Miife, or *od 7 H. 7. 13.
"eat. z4 6* 3 6. 40. Se moe
H.. hnAomonooPtarh
3 2. 7 Ed.47
5 Another