the Tenant y y Judgment, As where he will not grant the View where the View
or Defend- y ies ^ or w i/i not record Default &c. or will not give Judgment, the Party
Court* to ° cannoc nave Writ of Error, but Refummons : But if Wrong be done to
have Day to the Tenant or Defendant Refummons does not lie. Br. Conuians, pi. 27.
make anfwer cites f 8 H. 6. 1 8. Per Marten.
unto him ;
And thefe Writs do lis in all Cafes when the Plea isdifcominued, or put without Day, either in this
Cafe or in Cafe when the Demandant or Tenant has his jfge, or for the Not Coming of' tie Jiijticts, or in
Cafe of a Protection, or Effoine de Service le Roy &c. Of thefe Writs there be i Sorts, viz. $ General
and Special. Co. Litt. 1 3 5. b $ S. P. 7 Rep. 29. b. in the Cafe of Difcontinuance of Procefs
&c. and fee there the feveral Forms of them. — Co. Litt. 135 b. S. P. and fays, That in thefe ?' I V#^' the Bai!l ff °f the Framhife had Conufance, and after the
Plaintiff fued Re-attachment, which was Pone per Vadios &c. it a quod Lo-
quelaftt in eodem Statu, & quod Ballivi libi dc refto defecerunt &c. &
Refummons &c. 161
quod Habeas Corpora juratorum return' &c. Br. Reattachment, pi. 8. *it fhould
cites 26 Air. * 66. be pi. 67.
6. In Affife, Conufance of Pleas was granted to S. and after the Plaintiff'
fued Reattachment for Failer of Right in the Francbife ; ibr at one Dav the
Tenant pleaded to the AJJife, at which Day the Bailiffs would do nothing,
bat guv c Day over, and at the Day did not come. Br. Reattachment, pJ.
11. cites 31 All". 9.
7. In Scire facias, the Prayee in Aid caft Protection, which bore Datd
*}th Day of January per tin urn Ann am da rat arum, and the Plaintiff brought
Regarnijhment in Lieu of Refummons upon Scire facias, as he ought. Br.
Refummons, pi. 4. cites 40 E. 3. 18.
8. Where Ward is brought againft two> 3 and the one dies, the PIaintiffBr. Gard,
fhall not have Refummons againft the other ; for one is alive who may an- P 1 - 2 °- cue *
fwer of the Ward : And to it feems that the Writ lhall abate, and the r 5 S E ' ?" "°"
Plaintiff jhall have a new Original againft the Survivor. Br. Refommons, fhoulcTbe
pi. 5. cites 50 E. 3. 7. 7 .b. pi. ,,-.3
Survivor fhall have the Ward, and the Branch of the Statute Weftm. z. cap. 25 gives the Refummons
either againft the Executors or Heir ; and in this Cafe Pars Defendtns tton eft Mortuas. 2 Inft. 4 < 1.
9. Yi-x fudge takes Conwance of a Pine, and the King dies, the Writ of So itJVrit of
Covenant pail be refummond, and the Conufance lhall be certified by Writ Covenant u
directed to the Juftice. Br. Relummons, pi. 8. cites 8 H. 4. 5. 'f? " Fm *
J ' r ~ J be return d,
King's Money enter d, and after the King dies before the Engrcfsment of the Fine, the Writ of Covenant may
be relummon'd, and then the Fine may be engrofj'd; quod nota. Br. Refummons, pi. 21. cites 1 H. -.'
10. Br. Fine, pi. 8j. cite-; S. C.
10. In Affile of Mortdanceflor, the Tenant is cfoin'd, and at the Day So in Attaint^
Sec -makes Default, the Affife lhall be awarded by his Default ; For Re- '/ the %-w*
fummons does not lie there", but upon immediate Default made upon the " e ^ '"" d
Orignal. Br. Refummons, pi. 34. cites 4 H. 6. 23. lurnof the
and at the Day males Default, Refummons fhall not iffue, but the Attaint fliall he awarded by Default j
for Relummons fhall not iflue but immediately after the Return of the Summons. Br. Refommons pU
29. cues 1 S E. 4. 8. ' ' *
• 11. In Trefpf "sin London in the Time of H. 8. the Defendant pleadeHAn
hitrement in Kent, and lb to Iffue, and Procefs continued to the Habeas Cor-
pora, and there the Parol was put without Day, becaufe KiugE. 4. as law-
ful and true Heir to E. 3. and alfo to King R. 2. took upon him the Dig-
nity of the Crown, by which at the Prayer of the Plaintiff', Re-attach-
ment was granted againft the Defendant to the Sheriff' of London, and
Rehabeas Corpora againft the Jury to the Sheriff" of Kent j quod nota.
Br. Re-attachment, pi. 19. cites 1 E. 4. 1.
12. In Recordare they were at Iffue, and it pajfed for the Defendant,
'and afer the Plea was removed without Day by Demife of the King, bv
which the Defendant pray d Refummons in the Name of the Plaintiff, and
could not have it; but the Opinion of feveral was, That he lhall have
a Special Writ upon the Matter, and both Parties lhall be warn'd, and by
others the Defendant ihall have Scire facias. Br. Refummons, pi. 23.
cites 2 E.4. 9.
13. In Formcdon the Parties were at Iffue; Procefs continued to the Ha- Br.Re-nt:
leas Corpora, and alter the Parol was Sine Die by Depvfition of King E. 4. tachmenr,
and the Demandant had Refummons againft the Tenant, and in the feme 2 5- cites
Writ Habeas Corpora againft the Jury. Br. Refummons, pi. 24. cites TheOpl-
IO E. 4. 13. nionof'the
That in this Cafe the Plaintiff fliould have Re-attachment, notwithstanding that no Pncefs .naas in ihi
Original which was by Bill ; For otherwife the Plaintiff mail fofe the Advantage of the Pleading before,
and his Colls, which fliall be miichievous Sec. Br. Reattachment, pi. 23. cites S. C.
Tt ,3. In
162 Refummons ^~
the Auditors, and pleaded a Plea to Iffue triable in a Foreign County, and awarded to
found Mainprise by Recognizance, and alter the Jfjuewas difcontinucd by Account, and
Demife of the King 5 and "the Plaintiff prayed Capias ad Computandum Z l "*f e £ tBl £
de Novo, and could neither have that nor Refummons, but Special Scire - 1 "j tu 'l t ™ ue
Facias comprehending all the Matter, and Habeas Corpora, and Diftrefs a- which was
gainlt the Jury, and the Scire Facias was fued where the Original was after without
iued. Br. Resummons, pi. 44. cites 1 E. 5. 1. Day by Be-
mije ot the
King, by which Seine facias with Habeas Corpora Jurat, ijfued. And To fee that Refummons does not lie ;
for the Original was in a Maimer determined by the Award to account before, which is a Judgment )
and yet two Judgments fhall be in Account before that it be ended. Br. Refommons, ph 3 5. cites
1 H. 7.1.
26. Where Proofs fhall be faid to be put without Day. It feems a-»
greed, That by the Common Law all Proceedings upon any I/idicliueut,
Information or Popular Atiions whereon no Judgment had been given, were
wholly determined by the Demife of the King, and that Nothing remained
but the IndicJment or Information, Original Writ orBi/l, which were puc
without Day till re-continued by Reattachment, to bring in the Defendants
to plead De Novo. But this is fully provided for by 4 & 5 W. 3. 18.
and 1 Ann. 8 By which it is enafled, 'that fuch Procefs &c. fhall continue
in the fame Force after the Kings Demife, as it would have had if he had
lived. 2 Hawk. PI. C. 299. cap. 27 S. 104.
(D) In what Cafes. General or Special.
Sfife again ft an Infant and J. S. of a Rent-charge by Deed, the ///*
L fant pleaded that Ne charga pas by the Deed which bore Date in d
Foreign County, by which it was adjornd into Bank, and the Afpfe was
without Day agamft J. S. and was try cd for the Plaintiff in Bank by Nift
Pritis, and remanded into Pais to be taken, and Reattachment fued againft
the others, who were line Die, which Re-attachment did not make men*
tion of any Day certain ; but Quod fuit ad All And therefore per Cur.
he was awarded to fue a New Writ, Quod Nota; For per Shard, it a
General Re-attachment had been fued to re-attach all Aliifes ; yet in this
Cafe he ought to have a Special Re-attachment ; Quod non Negatur. Br.
Re-attachment, pi. 31. cites 26 Alf. 3.
2. Affife was adjorn'd to Weftminfter for Difficulty, and then the Af-
fife was awarded, and a Special Reattachment againft A. where the A/fife
was againjl A. and three others; and at the Day all the J n ft ices did not
come, and General Reattachment ijfued to attach all the Ajfifes. Perley
faid, this Affife ought to have been attach'd by Special R-eattachment,
and therefore the Plaintiff was directed to fue another R-eattachment a-
gainft the next Sellions ; For three were not yet re-attach'd, but A. only.
Br. Re-attachment, pi. 13. cites 39 Alf 5.
3. In Affife it was at another Time fent to the Bipop to certify if tht
Plaintiff was a Baftand or Muher, returnable at the next Sellions and
at the Day the Parties were without Day, by not coming of the Jitftices^
and now are the Affife, and the Parties reattached by a General Reattach~
tiient for all Affifes, but no Writ fent again to certify, and now the Bifhop
certify 'd by thejirji Writ, that the Father and Mother were efpoufed, and
he born in the Efpoufals, and the Efpoufals continued all their Lives ;
and the Certificate awarded good, notwithstanding that New Writ of
Certificate was not awarded, and the Plaintiff recovered the Land againft
164 Refummons &c.
him who appeared only, and not againft the others who did not appear j
Quod Noca. Br. Re-attachment, pi. 14. cites 43 Aff. 11.
4. In Writ of Error it was laid, by Hank for Law, That it is tbt
Office of the Juftucs of Affife after the Parol is without Day to re-attach
all the Affile by a General Writ without Suit or Appearance of' the Party
Br. Re-attachment, pi. 5. cites 8 H. 4. 5.
j. Appeal againft Jeveral, whereof fame dwelt in a Foreign County, and
there lore Capias with Proclamations i filled in this County according zo the
Statute, and was returned fervd, by which Exigent ijued, and before the Re-
turn, the King died; and therefore it was faid, becaufe he had not fued
a Special Reattachment reciting the Procefs, he ou^ht to have Writ with
Proclamations, Contra upon fuch Special Re-attachment j For this fhall
revive the Procefs. Br. Re-attachment, pi. 34. cites x E. S . 2. And fays.
See the Book. J '
(E) Sued. By whom.
the Writ Br. Refummons, pi. 41. cites 19 E. 3. and Fitzh. Sci. fa. 119
becaufe one of the Plaintiffs is alive, to whom the Wardfhip furviveth, & Pars Querens non obiit :
1 «7 1"'"* *£**' or Q P ,vre " ers of a Seignory, bring a Writ of Ward, and one" of t he Plaintiffs di-s
the V\ rit is abated, and the Survivor fhall not have a Refummons, for the Stat Weftm 2 can - -'
Rives the Refummons either to the Heir, or to the Executors, and not to any Survivor who maw
have a ISew Original. 2 Inft. 441. "
SveToldeT r * A Mm *""*** WtH °f W * rd > ""* dk ^ ™ d h ' S Hdr br0tl i ht Re ~
that the ' i ur '"" '" s ^ and not the Executor ; becaufe it was by Reafon of his proper
Makers of Fee according to the Statute of \Y r eftminfter 2 cap. 35. and after the De-
this Act fend ant dud, and then the Heir brought Refummons againft the Executors
kamed°in ^ tb * Defendant; Quod Nota. Br. Refummons, pi. 18. cites 24 E.
thcLawI 3- 4 8 -
becaufe the Refummons is given to the Heir, where by Law the Heir cannot have the Wardfhip, being
but a Chattel, the Makers of the Law knew that as well as the Objector ; for it is laid in 9 Ed. 2. that
they were fage Gents that were at tl :
Common Law, the Makers of
time propriifeodi 5 for there the
Heir more than the Wardfhip, hac vice, could concern the'Executors; and as if the Defendant mate
his Teftament", and devifes iheWardXo another, yet the Refummons pall be awarded by the next fubfe-
quent Claule of this Act againft the Executors, altho they have nothing in tie Ward, and for their Infufti-
ciency againft the Heir, who cannot claim, the Ward being but a Chattel ; ]'o in Novo cafu providebmt
novum Remedium ; and in one Cafe charged the Heir of the Defendant, whom the Law could not
charge, and iu another gave Remedy to another Heir upon a good Reafon, v, ho by Law had none. 2
Inft. 441. cap. ; 5.
If the Plaintiff in the Writ of Ward dies, and a Refummons is fued by the Heir, if the Defendant dies
the Heir fhall have a Refummons againft the Executors of the Defendant; for the Words of the Branch
of the Statute be, Inter querentem, vel ejus Hsredem ieu Executores, 6c Execu tores Defendentis &c
z Inft 441. cap. 3 j.
z Inft. 441. 3. In Precipe quod reddat, Conufance of the Plea was granted, and the