Summary of Common Law of England

AN ADVERTISEMENT TO THE READER.

THe Science of the Common Law of England, hath not only been in former times, but even at this day, is accounted so abstruse and intricate, that it hath always seemed an Impossibility to reduce it to method: Howbeit, our learned Author in his Treatise of the Law, hath not only clothed it with a Logical method, but with such an exact one, as may be paralleled with (if not extolled above) that of Wollebius for Theology, Ramus for Geometry, Keckerman, Al • tedius, and other modern Writers, for Logic, Ethiques, Physiques, Politics, Mathematiques, &c. So as the Student having treasured up in his memory the common places of Law held forth in these Tablets, together with their coherence and dependence one upon another, may be thereby furnished with all the general and necessary Titles of Law, whereunto he may aptly refer any Case 〈…〉 meets with, especially, having also bef •… hand, by perusing the Treatise at large •… quainted himself with the definitions, •… stributions, affections, Rules and Exampl •… respectively belonging to each several Tit •… whereby he may more perfectly understa •… the nature of them. Besides, if the Text not read with these Tablets, he will m •… with diverse things in them which are n •… abrogated by Statute, and so not Law at t •… day, as Sanctuaries, which are now annul •… by 21 Jac. 28. diverse offenses (before •… Pety Treason, now by Statute made Hi •… Treason, and the like. All which is left his industry and discretion: the scope a •… design of this Summary being only to she •… him the Harmonicall frame of the origin •… Common Law before it was altered by Statu •… Acts of Parliament, and other Constitutio •… of State, according to the caution before 〈…〉 the Title Page premised.

TABLE 1.

〈…〉 the •… mmon •… w of •… gland, •… serve

• 1. The Circumstances, viz.
  • The place, where it is used, viz. throughout the Realm of England, divided into Counties, Hundreds, and Towns, within which there are diverse usages, differing from the Common Law, called Customs.
  • The persons, who are to use it, and they are to be considered
    • As one entire body
      • The King
      • His Subjects,
        • Barons.
        • Commons
    • As particular persons
      • Natural persons, as every man.
      • Bodies politique
        • At the Com. Law
          • The King alone, and by himself considered.
          • The Rector of a Church or Parson.
        • Grown of later time,
          • Temporal, as Major and Comminalty, &c.
          • Spiritual
            • Regular, as Abbot and Covent, &c.
            • Secular, as Bishop and Chapter, &c.
• 2, The parts, See Tab. 2.
• 3. The common affection, viz. action, Tab. 23.

TABLE 2:

The parts of the common Law are two,

• The one concerns Possessions, whereof consider
  • The general affections
    • 1. To Possessions this is general, that they may pass by
      • Grant.
      • Exchange.
      • Prescription.
    • 2. Sundry men possessing the same thing by purchase, are
      • Joynt Tenants, who possess by the same title.
      • Tenants in common, who possess by several titles.
    • 3. A possession is either
      • Restrictive, upon
        • Limitation, which ceaseth upon doing or not doing of something.
        • Condition, which is only defeasable upon the doing o •… not doing of some •… thing.
      • Absolute, which is neither upon limitation or condition.
    • 4. Tab. 3.
  • The species, or several kinds, Tab. 4.
• The other, the punishment of offenses, Tab. 12.

TABLE 3.

4. Possessions are either in

• Possession, viz. such as one doth enjoy.
• Action, touching which consider
  • 1. How it ariseth, & that is in respect of a
    • Right, when wrong was done before.
    • Title, when no wrong was done.
  • 2 The Rules w ^ch concern it
    • 1. A thing in action cannot be granted, but to him in possession, & that by
      • Releas, which is the passing of the grantors Interest.
      • Confirmation, w ^ch is the ratifying of the grantees possession.
    • 2. The grant of a thing in action, and of such things in possession, as cannot pass by livery of the hand, must be by Deed. viz.
      • Deed Pol, which is the only deed of the Grantor.
      • Indenture, which is the mutual deed of both, and makes an Estopel to both parties.

TABLE 4.

• The several kinds of Possessions, & so a Pos. is
  • An Hereditament whereof consider
    • The several Estates, viz.
      • Particular, viz.
        • Uncertain
          • At sufferance, when afrer lawful occupation he continueth possession without authority.
          • At will
            • According to the custom, as a Copiholder.
            • At pleasure, as a bare Tenant at will.
        • Certain, which is also called a term, whereof consider
          • The dependants
            • Remainder, w ^ch is the residue of an estate at the same time appointed over.
            • Reversion, which is the residue of an estate, not at the same time appointed over.
            These pass with Attornement.
          • The several kinds.
            • For years.
            • For life
              • In deed after actual seisin.
              • In Law before entry
              • For his own life.
              • For another's life, & these are
              Freehold These pass by surrēder
      • Inheritance. Tab. 5.
    • The several kinds. Tab. 6.
  • Chattel. Tab. 11.

TABLE 5.

• Inheritance, whereof consider
  • The estate called fee-simple, which is
    • Conditional, when an Hereditament is limited to the heirs of the body: Hither Frank-marriage may be referred.
    • Absolute, which is a fee simple to one and his heirs whatsoever.
  • The incidents
    • Dower, whereby a woman hath the thirds in severalty.
    • Tenancie, by the courresie of England.
  • The diverse manners of possessing it, viz. in
    • Deed.
    • Law.

TABLE 6.

• The several kinds of an Hereditamēt, and so it is
  • Common, as
    • A Tenement, w ^ch is a possession hold̄, and it is
      • Land, which is a Tenemēt in manual occupation, and here prescription hath no place.
      • An Advowson, which is the interest of presenting to a Church.
    • A bare hereditament, Tab. 7.
  • Prerogative. Tab. 10.

TABLE 7.

• A bare Hereditament, which concerns
  • Land, and so it is
    • Leviable by distress, as
      • A Seigniorie, which is a service, whereby Land is holden, and such services are
        • Common to all certain Estates
          • Fealtie.
          • Rent service: Hither also may be referred Frankalmoigne, and Divine Service.
        • Proper to Inheritance
          • General
            • Homage.
            • Suite of Court.
          • Particular, whereby Lands are distinguished
            • The Services themselves,
              • Soccage.
              • Knight Service.
            • The Incidents,
              • In the Lord's lifetime, as reasonable Ayde.
              • After his death, as Wardship and Relief.
      • A Rent charge, which is a rent with liberty to distrain, upon the grant or reservation of a certain Rent to be issuing out of Land.
    • Such as cannot be distrained for. Tab. 8.
  • The person. Tab. 9.

TABLE 8.

• A bare Hereditament concerning Land, for which no distress can be taken, is
  • Rent seek, which is a rent without liberty to distrain.
  • Common, which is a profit to be taken in another's land: whither also may be referred Estovers, Houseboot, &c. Also a way over Land, liberty to Fish, Hunt, draw water, or the like.

TABLE 9.

• A bare hereditament, that concerns the person, is
  • Of the person himself, as a Villein.
  • By reason of the person, viz.
    • An Annuity, which is a yearly rent to be had of the person of the grantor.
    • A Corodie, which is a portion for ones sustenance or clothing.
    • An Office, which is a duty of attendance upon a charge.

TABLE 10.

A Prerogative hereditament, which is derived from the Kings prerogative, and is termed a Franchise, being a Royal privilege in the hands of a Subject; as Markets, Fairs, Toll, and whatsoever liberties else, which (created at first by the Kings special grant, or of their own nature belonging to him) are given to a common person to have an estate in: Of this sort also are Execution and Return of Writs, forfeited Recognizances, Fines, Post-fines, Issues, Amerciaments, and other Green wax money within such a Precinct or Liberty. Also power there to make a Coroner, Clerk of the Market, and other Officers; to have therein Treasure, Trove, Deodands, Wreck of the Sea, Waifes, Estrayes, the goods of Felons, and outlawed persons, Royal mines, Royal Fish; to keep a Leet, to take Conusance of Fines, to hold plea of debts and damages, Sans sum, and the like.

TABLE 11.

• A Chattel, wherein there cannot be several estates whereof consider
  • The common affection, viz. That all ones own Chattels (whether in possession or action, as debts, &c.) may be devised by Testament, which is the appointment of an Executor to administer them for him after his death.
  • The several kinds, and so it is
    • Real, as a term for years, or Wardship.
    • Personal, to which diverse things belong.
      • In general
        • Bailment, which is the delivery of goods
          • To keep, when only the custody is committed to him, and that is
            • A simple bailement, when he receiveth them to keep for another.
            • A Pledge, when he receiveth them for another thing had of him at the time.
          • To employ, as when the Bailee hath the things to use for another's profit.
        • Contract, which is a mutual agreement for the very property of personal things.
      • In particular, viz. for the Interest of things uncertain, as
        • Accord, which is an agreement of the parties themselves upon satisfaction executed.
        • Arbitrement, w ^ch is an award of satisfaction by others.

TABLE 12.

• Punishment of Offences, which are
  • Without force, as
    • Trespass upon the Case
      • Common, as
        • Misuser, when by wrong one is endamaged, as by slander, or the like, amongst which observe
          • Disturbance, w ^ch is the hindering of that, which belongeth to one to do.
          • Nusance, which is an annoyance done to ones Hereditament.
        • Deceit, when the damage groweth by an undue sleight or the like.
        • Conspiracie, where two or more conspire to do one wrong, or the like.
      • Offences in the nature of Trespasses upon the Case, which are (by the Kings prerogative) punishable like to them, viz. by amerciament; as Nonsuit in an action; Fault in the original Writ he brings; Or (by the sheriffe) in the return thereof; Making default, when he should appear; And whatsoever other offenses (not being with force) which offer no direct in jury to a common person.
    • Real wrong, Tab. 13.
  • Coupled with force. Tab. 14.

TABLE 13.

• A real wrong is
  • Discontinuance, when one having an Estate Taile or Feesimple in another's right, maketh a larger Estate of the land, then he may.
  • Ouster, When a Freeholder is put out, as
    • Of the first sort
      • Disseisin of
        • Land when one is put or held out by a forcible
          • Entry.
          • Detainer.
        • Rent, as
          • In every rent by
            • Incloser.
            • Forstaller.
          • In rent service & rent charge by
            • Rescous.
            • Replevin.
          • In rent charge and rent seek, by denier.
      • Usurpation, when the Church becometh full by the presentment of a wrong Patron.
    • Of the second sort,
      • Intrusion, Which is after the death of the Tenant for life.
      • Abatement, Which is after the death of one that had the Inheritance.

TABLE 14.

• Wrongs coupled with force, & they are
  • Not punishable by death,
    • Trespasses, and they touch
      • Possessions, as in
        • Goods, which is the wrong full taking of them wit •… pretence of title.
        • Land, when it is done upon an actual possession thereof.
      • The person, and so Trespasses are
        • With pretence of violence, as
          • Menaces, w ^ch are threatening words of beating one, o • the like.
          • Assault, which is an unlawful setting upon ones person.
        • With violence indeed, as
          • False Imprisonment, w ^ch is an unlawful restraint of liberty.
          • Bodily hurts, & they are
            • Outward violencies
              • Batterie, which is the wrongful beating of one.
              • Mayhem, which is the wrongful spoiling of a member defensible in fight.
            • Rape, which is the carnal abusing of a woman against her will.
    • Offences against the public, Tab. 15.
  • Punishable by death, Tab. 20.

TABLE 15.

• Offences against the public, and they are
  • Against the King, which are called contempts, as
    • 1. To disobey the Kings command
      • By his Writ.
      • By his Proclamation.
    • 2. To disobey anything ordained by Statute.
  • Against the Cōmon wealth, viz. against
    • 1. The peace thereof, as Riots, Routs, unlawful Assemblies, breach of the peace, and Good behavior, false news, Barratring, Eves-dropping, &c. Also all trespasses with force, for which a man may both be both indicted, and prosecuted at Law by the suite of the party.
    • 2. The strength, as to send aide to the Kings enemies, to go beyond sea without the Kings Licence, &c.
    • 3. The Justice, Tab. 16.
    • 4. The Wealth, Tab. 18.
    • 5. The Passages. Tab. 19.

TABLE 16.

• 3. Public Offences against the Justice of the Comon wealth; as
  • 1. Perverting of Justice, as Corrupt Judges, who pervert Justice; Corrupt or negligent Officers; Enditors, Corrupt Jurors Extortion; Escapes, negligent and voluntary. &c.
  • 2. All force against the Justice of the Realm as Rescous of a Fellon or others; Affraie •… in disturbance of Justice; to go arm •… in the Kings Palace: To strike in Westminster Hall, for which he shall lose his righ •… hand; so shall he that strikes a Juror i •… the presence of the Justices, and be all •… committed to perpetual Imprisonment.
  • 3. Conventicles, which comprehend conspirators and confederators, Maintenanc •… Champartie, &c.
  • 4. Offences in favor of Malefactors. Tab 17.

TABLE 17.

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

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

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

TABLE 18.

• 4. Public Offēces against •… he wealth of •… he Common •… ealth, and •… hat may be
  • In the course of Trade, as
    • 1. To transport the commodities of the Realm without the Kings Licence, & paying his Custom; Forestallers, Regradors, and Engrossers, Monopolies, Conspiracies of Merchants, false Weights and Measures, &c.
    • 2. Uttering corrupt Victuals.
    • 3. Usury, and all Oppression.
  • Out of the course of Trade, as Depopulation, Burning of Houses, Barns, &c.

TABLE 19.

5. Public offenses against the Passages of the Commonwealth, as Bridges, Cawseys, High-ways, or Streets, broken down or diged up: Unto which place may also be referred Common Nusances, Purprestures, &c. Such Nusances any man may abate: And as to Nusances, there is a Writ in the Register for any person that will sue, when the W • yes, • treets or Lanes of any Town, City or Borough Corporate, or the Suburbs thereof are full of dirt, soil or the like, whereby infection may be caused: And this Writ may be directed to the Major, or the like, to cause them to be cleansed, and kept clean: There is also another Writ for removing a Leper, to prevent Infection; both which Writs will come hereafter to be mentioned in their proper places.

TABLE 20.

• •… rongs or of •… ices punish •… le by death, •… med also of •… ces against •… e Crown, are
  • Felonie, which is,
    • Bare Felonie, where consider
      • The offense itself, which is
        • single, as
          • Stealth, which is the wrongful taking of goods without pretence of title.
          • Manslaughter
            • Chance medley, which is manslaughter without former malice.
            • Murder, w ^ch is manslaughter upon former malice.
        • Mixt, as
          • Robbery, which is stealth from ones person by assault in the Highway.
          • Burglarie, which is the night breaking of an house, with an intent to steal or kill, though nothing be stolen or anybody killed.
      • Other public offenses occasioned thereby, as breaking of Prison; willful escape of a Felon, &c.
    • Petty Treason, Tab. 21.
  • High Treason, Tab. 22.

TABLE 21.

• Petty treason, the Punishment whereof is burning, and it is
  • General
    • against mortal creatures.
      • Petty Treason, (properly so called) which is the killing of one to whom private obedience is due.
      • Sodomy, which is a carnal copulation against nature.
    • against God.
      • Heresy, Which is an offense immediately bent against the Majesty of God.
      • Sorcorie, Which is a consulting with Devils, and containeth under it Conjuring, Necromancie, and the like.
  • More particular in respect of the Kings prerogative; as counterfeiting his Coyn, Seals, &c. to acknowledge any foreign Potentate, to bring false money into the Realm, counterfeit to the money of England, &c.

TABLE 22.

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

TABLE 23.

• The common affection, viz. Action, whereof consider
  • The places, where it is transacted, viz. in
    • Courts of Record, as
      • The Parliament.
      • Courts that have ordinary jurisdiction, and they are
        • General, whose jurisdiction extends through the Realm.
          • Circumstances, as
            • Place, where they are holden, viz. at Westminster
            • Time when viz. in the Term of
              • Michaelmas.
              • Hilary.
              • Easter.
              • Trinity.
          • The several kinds
            • Chancery.
            • Kings Bench.
            • Common place
            • Exchequer.
        • Within some County.
          • Through the whole County,
            • The Sheriffs turn.
            • The Coroners Court.
          • Within Liberties, as
            • A Leer.
            • A Court of Pipowders.
        • Granted by the Kings Letters Patēts
          • Courts by the Kings Commissions.
          • Courts by Charter in Corporations, &c.
    • Court Barons
      • The Lord's
        • Of a Manor.
        • Of an Hundred.
      • The Sheriffs, called the County Court,
  • The Parts, Tab. 24

TABLE 24.

The parts of an Action are

• The suit, which hath 2 parts, viz.
  • The beginning of the suit w ^ch hath 2 parts
    • The first matter of the suite
      • For every man
        • By Writ out of the Chancery, w ^ch is
          • Original, which concerns
            • Common Pleas, and so it is
              • Real, whereof consider
                • The Common affections, as
                  • Possessorie, To recover a Possession
                    • In himself.
                    • Descēded from his Ancestor.
                  • In the right, to recover a Possession mixed with the right
                    • In himself.
                    • Descended from his Ancestor.
                • The several kinds Tab. 25.
              • Personal. Tab. 31.
            • Appeals, Tab. 33
          • Commissionall, Tab. 34.
        • By Plaint or Bill, Tab. 35.
      • For the King, Tab. 36.
    • The Original Processe, Tab. 37.
  • The proceeding, Tab. 40.
• The Judgment, Tab. 46.

TABLE 25.

The several kinds of a real Original Writ, & so

• A Praecipe
  • A Praecipe quod reddat
    • A Plea of Land
      • A Writ of entry, the several kinds whereof will best appear, if we consider
        • Against whom it is brought, viz.
          • Against the first party.
          • In the degrees
            • In the Per.
            • In the Per and Cui.
        • How it grows, viz.
          • without wrong at the first
            • Upon the determination of the first Estate, viz. by reason of
              • A particular estate ended
                • Ad terminum qui preteriit.
                • Entry, ad Communem Legem.
              • A Condition broken, as causa Matrimonii praelocuti.
            • Upon disability of the person that made it
              • Dum fuit infra aetatem.
              • Dum fuit non compos mentis.
          • Upon a Wrong, Tab. 26.
      • A Writ showing the Demandants Title, Tab. 27.
    • Another real praecipe quod reddat, Tab. 28.
  • A Praecipe quod faciat, Tab. 29.
• 〈◊〉 fecerit te securum, Tab. 30.

TABLE 26.

Upon a wrong, viz.

• Upon a discontinuance.
  • For the recovery of a woman's Inheritance or Free-hold, after her husbands alienation, and
    • Death, as a Cui in vita, and for her heir, a sur cui in vita.
    • Divorce, as a Cui ante divorcium.
  • For the successor of a Bishop, or, &c. after the discontinuance of his predecessor, as a sine assensu capituli.
• An Ouster
  • Upon an intrusion, as a Writ of inttusion for him in reversion or remainder.
  • Upon a disseisin, as a Writ of entry in the Quibus; being a Writ in the nature of an Assise.

TABLE 27,

A Writ showing the Demandants title, which is

• Possessorie as a Writ of
  • Ayell, after the death of the Grandfather or Grandmother.
  • Besayell, after the death of the Great-Grandfather or Great-Grandmother.
  • Cosinage, after the death of the Great-Great-Grandfather, or Great-Great-Grādmother, &c.
• In the right
  • A Writ of right in his nature, as a
    • Formdon in
      • Remainder.
      • Reverter.
    • Writ of Escheat.
    • Writ of Dower, unde nihil habet.
  • A Praecipe in capite, for the mere right of Lands holden in chief.

TABLE 28.

Another real praecipe quod reddat, in respect of a seigniorie, as

• A Writ of right of Ward, to recover the Wardship.
• A Writ of right for disclaimer, for the Lord to prove the Lands to be holden of him, when the Tenant in a Court of record disclaimeth to hold of him.

TABLE 29.

A real praecipe, quod faciat, which is either to recover an

• Hereditament, and this is either
  • In respect of a Seigniorie
    • A Writ, de consuetudinibus & servitiis
    • Secta ad molendinum.
  • To recover some other heredita.
    • A Quare Impedit.
    • A Quod permittat.
• Some real thing that concerns an hereditamēt, as
  • A Curia claudenda.
  • A Writ of Covenant, as to levy a fine of Lands, &c.
  • Writs in the nature of a covenant real
    • A Writ of Mesne.
    • A Warantia Cartae.

TABLE 30.

• A real si fecerit te securum
  • An Assise
    • Of his own possession, as
      • An Assise of novel disseisin.
      • An Assise of Nusance.
    • Of his Ancestors possession, as an Assise of Mortdancestor.
    • Either of his own or his Ancestors possession, as an Assise of Darrein presentment.
  • A Juris utrum, for a Parson or Vicar, upon his predecessors alienation.
  • Others
    • Such as be between privies in blood, as
      • A partitione facienda.
      • A nuper obiit.
    • A Quo jure, to try for Common.

TABLE 31.

• A personal original Writ is also
  • A Praecipe
    • A Praecipe quod reddat
      • Debt, and a Writ of Annuity.
      • Detinue.
    • A Praecipe quod faciat
      • An Action of Account.
      • An Action of Covenant.
  • A Si fecerit te securum, Tab. 32.

TABLE 32:

• A personal si f •••• t te securum, which is
  • Without force
    • Where the peace is not broken
      • 1. Rationabili parte bonorum.
      • 2. Valore Maritagii.
      • 3. Writ of forfeiture of marriage.
      • 4. Intrusion of Ward.
      • 5. Electione custodiae.
      • 6. Quare ejecit infra terminum.
      • 7. Trespasses upon the Case, not against the peace.
    • Where the peace is brokē, yet not Vi, as
      • An Action of deceit.
      • An Action of conspiracy.
  • With force
    • An Action of Trespass.
    • Special Actions of Trespas, as
      • De parco fracto.
      • Rescous.
      • Ejectione firmae.

TABLE 33.

An Appeal which concerneth life, and is the parties private action, prosecuting also for the Crown, in respect of a Felonie; And this is given only to the heir of the party slain,

TABLE 34

• A Commissionall Writ, which is either
  • Commissionarie, as
    • A Writ of right Patent.
    • A Justici • s
      • An assise of petty nusance.
      • Ad measurement of Dower.
      • Ad measurement of Pasture.
      • A nativo habendo.
      • A Rationabilibus divisis.
      • A homine replegiando,
      • A Replevin.
      • Also many of the actions that went before; as Consuetudinibus & Servitiis, serta ad molendinum, Quod permittat, Mesne, Dower unde nihil habet, Annuitie, Debt, Detinue, Covenant, Trespass, &c. to what sum soever may be brought and also determined in the County by Justicies.
  • Meer Commissions, as
    • Oyer and Terminer.
    • Association.
    • Si non omnes.
    • Ad quod damnum.
    • Perambulatione facienda.

TABLE 35.

• In Courts that hold plea without original Writ, the suite may be by
  • Plaint, in matters that concern Common pleas.
  • Bill, In pleas of the Crown; also Officers of any Court (by privilege) may sue or be sued there, and not elsewhere by Bil.

TABLE 36.

• Suits for the King are
  • A Quo warranto, for the trying of the right of Franchises.
  • An inquiry by a Jury, w ^ch is an
    • Office to entitle the King to some possession, whereof consider
      • The several ways how it may be found, viz. virtute officii, Brevis, & Commissionis
      • The several Writs or Commissions used therein concerning a Wardship, viz.
        • For finding of it
          • Diem clausit extremum, within the year after the tenants death.
          • Mandamus, after the year.
          • Devenerunt, whē the Ancestor died in Ward to the King.
        • For mending it
          • Que plura.
          • Melius Inquirendum.
          • Datum est nobis intelligi.
        • For discharge of it
          • An aetate probanda.
          • A Writ of Livery, for lands in Capite.
          • An Ouster le main, for other Knight-service lands.
      • How the party may be relieved against it
        • By traverse, or Monstrans de droit, when the King is intitled by Office only.
        • By Petition, when he is entitled by double matter of record, as when the Office finds an Attainder of Treason, or the like.
    • Presentment, or indictment, to find an offense against the King, and for penal Laws, an Information.

TABLE 37.

The Original Processe, which is

• Proper
  • Single
    • By the Possessions
      • By the Land
        • In all real praecipes quod reddat.
          • Summons in Land.
          • Grand Cape, t • seise it into th • Kings hands.
        • A mortdancester, Juris utrum & darrein presentment.
          • Summons.
          • Re-summons, & upon defaul • the Inquest awarded.
      • By the goods, as in Assizes of novel Disseisin and Nusance, Attachmen • by the defendants goods, which h •… shall lose if he appear not, & upon default the Inquest awarded.
    • By the person (in Mayhem, Felonie, and Treason) Cap. Exig. Outlawry.
  • Mixt
    • By the goods and Lands
      • In all other real actions, & in all personal actions (except Trespas & offenses against the public) & also in all Justicies
        • Sūmons by the goods.
        • Attachment.
        • Distress Infinite, and issues of the Land.
      • In all Trespasses upon the Case (except deceit & conspiracy) and in all offenses in the nature of trespasses upon the Case.
        • Attachment.
        • Distress infinite and issues.
    • By the goods and person, as in Trespass vi, deceit, conspiracy, and offenses against the public; Attachment, Distress infinite, and upon nihil returned 3 Capias, Exigent, Outlarie.
• Improper, Tab. 38.

TABLE 38.

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

• Commaundatorie, as
  • Dote assignanda.
  • Homagio capiendo.
  • Scutagio habendo.
  • De Corrodio habendo
  • De Annua pensione hab.
  • De Libertatibus alloc.
  • De executione Judicii.
  • De restitutione Temporalium.
  • De securitate pacis.
  • De vi laica removenda.
  • Of cleansing streets.
  • De excomunicato capiendo.
  • De excomunicato deliberādo
  • De leproso amovendo.
  • De cautione admittenda.
  • De heretico comburendo.
  • De Coronatore exonerando.
  • De Coronatore eligendo
  • De exoner. vir. forest.
  • De Electione vir. forest.
  • A Writ for the Royal assent, to elect an Abbot.
  • De securitate invenienda.
  • All dedimus potestatems, de fine levando, de attornato faciendo, &c.
• Prohibitorie, Tab. 39.

TABLE 39,

Prohibitorie, as

• 1. A Protection, cum clausula nolumus, to free ones possessions, that nothing be taken against his will for the Kings business.
• 2. To discharge spiritual persons of Fifteens.
• 3. Quod clerici non eligantur in Officium balivi, &c.
• 4. To forbid Tenant in Dower, by the Curtesie, or Guardian by Knight service, or in Soccage to commit Wast to the destruction of the Inheritance.
• 5. A Quo minus, for grantee of estovers, to restrain the grantors from committing waste, so as he cannot have his Estovers.
• 6. De exoneratione sectae, for Tenants by suit of Court or other services, that they be not distrained to do the same for such time, as they ought to hold the Land discharged.
• 7. De deonerando pro rata, to discharge the Tenant of parcel of the Land according to the rate of his Land, when he is lawfully distrained for all the rent and services.
• 8. De essendo quieto de Thelonio.
• 9. De non ponendo in Juratis.
• 10. Ne exeas regnum.

TABLE 40.

The Proceeding, which consists in

• The Count, or Declaration.
• The pleading, which Pleas are
  • The Defendants first pleas, viz.
    • Dilatorie, by taking
      • Exceptions
        • In disability
          • To the jurisdiction of the Court.
          • To the person.
        • In Abatement
          • To the Writ, as default of form, false Latin, &c. and here, if the default be not caused by the Plaintiffe, a new Writ may be had by journeys accounts,
          • To the Count, as insufficiency, variance from the Writ, &c.
      • Forain advantages
        • In all actions, as Oyer of the Writ, condition, &c.
        • In real actions, as
          • View.
          • Ayde prayer,
          • Voucher.
        • In certain personal actions
          • Garnishment.
          • Enterpleader, which may also be in a Quare impedit.
      • Sanctuary, and there continuing, viz. for Treason, and other capital offenses.
    • To the action, as
      • Pleas in Barre.
      • Confessions, to which place Abjuration may be referred, when one guilty of Bare Felonie flieth to the Church, &c, and there before the Coroner confesseth the Fact, and abjures the Realm.
  • The mutual pleas of Plaintiff & Defen. Tab. 41
• Other mean acts, Tab. 42.

TABLE 41.

• The mutual pleas of Plaintiffe and Defendant, viz.
  • The delating before issue, as replication, rejoinder, sur-rejoinder, &c.
  • The issue it self
    • Of the fact, and then the trial is
      • 1. Of a matter done in the Country, by Jury, where challenges are allowed, viz.
        • To the Array.
        • To the Pols.
      • 2. In Writs of right or appeals for life, by Battail.
      • 3. In a Writ of Dower (when the issue is taken upon the death of her husband) by witness.
      • 4. By wager of Law.
        • 1. When the Tenant in a real praecipe quod reddat was not summoned.
        • 2. In mere personal actions growing without deed or privity of others.
        • 3. In plaints in Court Barons.
    • Of the Law, as a Demurrer, which is, when (admitting the matters alleged) either of them resteth in the Judgment of the Law.

TABLE 42:

• Other mean Acts, as
  • 1. Appearance, where, ofessoīs, which are
    • Common, as Essoine de mal venir.
    • Special
      • 1. of going beyond Sea.
      • 2. Of going ad terram Sanctam.
      • 3. Of the Kings service.
      • 4. De malo lecti.
  • 2. Continuance
    • By Processe.
    • Upon the Roll
      • Dies datus.
      • Emparlance.
  • 3. Judicial process
    • A mesne process, which is for any necessary act to be done, as against Vouchee, prayee in aide, also
      • 1. Upon a fine leavied to compel attornment, as
        • 1. Per quae servitia.
        • 2. Quem redditum reddit.
        • 3. Quid juris clamat.
      • 2. In Petitions, a Writ of search.
      • 3. In real praecipes, upon a default, a petty Cape.
      • 4. Upon default after Voucher, a Petty Cape ad valentiam.
      • 5. In such as are for other Hereditaments, upon default, a distress.
      • 6. Against Jurors
        • 1. A Venire facias.
        • 2. A Habeas Corpora.
        • 3. A Distress infinite,
    • Processe in nature of new Originals, Tab. 43.

TABLE 43.

• Processe in the nature of new Originals, and they are
  • Commaundatorie, viz. such as command something to be done
    • 1. Resommons, re-attachment.
    • 2. All certificatorie Writs.
    • 3. A Certiorari to remove a Record into the Chancery.
    • 4. Writs to remove suits
      • By Writ, as a
        • Tolt, to remove a Writ of right out of the Lord's into the County Court.
        • Pone, to remove out of the Lord's court into the common Place in all other canses.
      • by Plaint, as a
        • Recordare, to remove Plaints in the County Court.
        • Accedas ad curiam, to remove plaints in a Court Baron.
    • 5. A Mittimus, to send a record out of the Chancery into another Court of Record.
    • 6. A Procedendo, to proceed in suits.
    • 7. A Consultation, to proceed in the Spiritual Court.
    • 8. A Writ of Mainprise, to set one at liberty upon baile.
    • 9. &c. Tab. 44.
  • Prohibitorie Writs, Tab. 45.

TABLE 44.

• 9. A Recaption for him, whose goods are distrained for the same thing.
• 10. A Writ de Magna Assisa eligenda.
• 11. A Certificat of Assise to Jurors, to give a more perfect Verdict.
• 12. A Proprietate probanda.

TABLE 45.

• Prohibitorie Writs, or Process, as
  • 1. Prohibitions, of this kind is an Indicavit.
  • 2. A Supersedias, of which kind are
    • 1. A Writ of peace.
    • 2. A Libertate probanda.
    • 3. An Identitate nominis.
  • 3. Protections cum clausula volumus, as
    • Protectio, quia profecturus.
    • Protectio, quia moratur, whither also may be referred, Protectio, quia in prisona.
  • 4. Essoine de malo lecti.
  • 5. A ne admittas.
  • 6. A quare incumbravit.

TABLE 46.

• Judgemēt, w ^ch hath Judicial Writs belonging to it, viz.
  • Meer Judicial, and they are
    • Such as lie within a year and a day after the Judgment
      • in real actions
        • 1. Habere facias seisinam, to put him in possession upon a free hold recovered.
        • 2. A Writ to the Bishop to admit ones Clerk.
      • In personal actions to have execution of his
        • Possessions, as
          • 1. Fieri facias, to levy execution upon his Chattels.
          • 2. Leva •• facias, to levy execution of the profits of his Land, and Chattels.
          • 3. Habere facias possessionem, upon recovery of a term for years in an Ejectione firmae, &c.
          • 4. A Dist •• ng • s, for the Kings amerciamēs, &c.
        • Body, as
          • Capias ad satisfaciendum.
          • Capias pro fine Regis.
            • For the King.
          • Capias Utlagatum.
            • For the King.
    • A Scire facias, to warn the defendant after a year upon recovery in real actions, to show cause why the plaintiff should not have execution.
  • New Originals, Tab, 47.

TABLE 47.

• New Originals in the nature of Judicial Writs, to order some matters concerning Judgments, and these are grounded
  • Upon an Error
    • A Writ of Error, which is upon an Error in a Court of Record.
    • A Writ of false Judgment, which is upon an error in a base Court.
  • Otherwise, as
    • Attaint, which is to inquire, whether a Jury of 12 men gave a false Verdict.
    • Audita querela, which is for one being, or to be in execution, to relieve him upon good matter of discharge which he hath no means t • plead.

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

Table	Page
1	77
2	95
3	106
4	111
5	116
6	130
7	134
8	155
9	159
10	164
11	167
12	184
13	190
14	198
15	205
16	These are taken out of the French copy being omited in the English.
17
18
19
20	206
21	218
22	221
23	225
24	249
25	252
26	264
27	266
28	269
29	272
30	284
31	294
32	303
33	310
34	312
35	320
36	322
37	343
38	490
39	502
40	356
41	390
42	427
43	441
44	446
45	450
46	459
47	478