a man pleads death of the Defenfendant hanging the Writ he shall not plead that after the last Continuance for that by this the Writ is abated in deed contrary of a Plea which proves the Writ abateable 34. H. 6. fol 49. At the day of Nisi prius the Defendant pleads to the Writ that one of the Plaintiffes was dead after the last continuance at D. in the County of Darby Judgment of the Writ and the Plea recorded and the matter adjourned and had that Plea 14 H. 6. fol 9. 38. Ed 3. fol 5. Precipe by a Woman the Tenant tenders his Law of not summoned and at the day was essoyned and at the day saith that the Demandant took a Husband after the Law tendered and for that that he did not say after the last continuance that is after the essoyn it was held no Plea 4. H. 7. fol 8. A man shall have but one Plea after the last continuance 38. H 6. fol 33. the same 16 Ed 4. fol 5. A man may plead a Plea after the last continuance after Issue joyned and in another Tearm till Verdict but not mean between Nisi prius and the day in Bench. â— H. 7. fol 8. A man shall not have a Plea after the last continuance unlesse such Pleas which were not in being at the time of the first Plea for otherwise it is not after the last continuance Maintenance In so much that Maintenance may be the better avoided let us see what maintenance is forbidden by the Law THat no Clark of a Justice or Sheriffe shall not maintain parties in quarrels nor in businesses which are in the Kings Court West 2. chap 28. That none of the Kings Counsellors nor none of his house nor none of his other servants nor no great ones of the Land by sending of their Letters nor in other manner nor no other of the Realm shall not undertake to maintain quarrels nor parties in the Country in disturbance of the Common Law 1 Ed 3. chap 14. See 20 Ed 3. chap 3. That no Counsellor Officer or Servant nor any other persons shall not uphold or maintain any quarrels by maintenance in the Country nor elsewhere first of R. 2. chap 4. That henceforth none buy or sell or take promise grant or Covenant to have Mannors Lands Tenements or hereditaments But if such person which sells their Heirs or they by whom they claim have been in possession of the same or of the reversion or remainder of that or hath taken Rents or profits of that by the space of one whole year next before that bargain Covenant Grant or promise made upon pain of him that bargains to forfeit the value of the Lands And the Buyer also knowing that to forfeit also the value of the Land the one half to the King the other to him which will sue for the same within one year after the same offence And it is also Enacted that none from henceforth unlawfully maintain or cause or procure any unlawfull maintenance in any action or complaint in any of the Courts of the King of the Chancery Starr-Chamber White-Hall or otherwhere within the Kings Dominions where they have power to hold Plea of Land by Commission Patent or Writ And also that none shall instruct Jurors or subborn Witnesses by Letters Promises or by any other sinister labour or means to maintain any matter or cause or to hinder Justice or to procure or occasion any manner of perjury upon pain of forfeiture for every such offence 10 l. one half to the King and the other to him that will sue for the same within one year after the same offence 32. H. 8. chap 9. If one will say he will maintain and doth it not he shall not be punished for maintenance And Champerty lies where one purchases hanging the Suit 9. H. 7. fol 18. See 3 H. 6. fol 53. It seems it is no maintenance to give money before a Suit begins but hanging the Suit Maintenance the Writ was in Plea which was hanging he maintains and it is good and it seems it is better to say in Plea which was hanging 10. H. 7. f. 27. It seems one may covenant to have part of an Obligation when it is recovered for travelling with an Alien which cannot speak English nor Latine to his Counsell so one may covenant with one indebted to him and deliver him the Obligation of another in satisfaction of his Debt to sue in his name and notwithstanding that he paid Counsell it is no Champerty Every Champerty implies in it Maintenance but not of the contrary and he to whose use and every one that hath lawfull Interest in the Land may maintain 15 H. 7. f. 2.34 H. 6. fol. 33. the same By Fineux If a Servant be arrested for Debt or other thing in London or other Franchise the Master may maintain him and spend of his proper money for losse of his Service Inquire But otherwise it is in Precipe 21 H. 7. fol. 40. B. See 21 H. 6. fol. 19. by Newton By Newton and Paston Servant may pray one skilled in the Law to be of Counsell with his Master but a stranger cannot pray one to be of Counsell with my Adversary for he hath nothing to do 21 H. 6. fol. 19. If a man be at the Barre and another informs the Court that this man can declare the truth and pray that he be sworn and by the commandement of the Court he swears this is Maintenance iustifiable but if he had said for one or the other of his own head this is Maintenance punishable the same Law if he informe a Jury sworn of his own head it is Maintenance punishable 28 H. 6. f. 6. The Master may pray one skilled in the Law to be Counsell with his Servant and this is Maintenance iustifiable but he cannot give of his own proper goods to distribute to men of the Countrey for maintaining his quarrell for then he meddles with a thing forbidden by the Law and by Prisot he may iustifie giving money to Lawyers to be of Counsell with his Servant but not to give money to others not learned in the Law 28. H. 6. fol. 12. By Fortescue Master may pray one learned in Law to be of Counsell with his Servant but not to give to them money unless it be of his Wages and he saith one skilled in the Law may be of Counsell without a Fee Inquire 31. H. 6. f. 2.36 H. 6. fol. 29.3 H. 6. f. 55. Maintenance one may iustifie for that he is his Servant but he cannot give money Maintenance Defendant iustifies that he is a Bail and that he came to the Defendants Attorney and prayed him to be carefull the which is the same Maintetenance by Prisoâ— it is not good to say it is the same maintenance for this is no Maintenance for every stranger may pray the Attorney for it is the part of an Attorny to attend to that and for that it is no Maintenance 32 H. 6. f.
an action alone and so cannot another marryed Wife The Law And for that that it is necessary and expedient to shew for what causes the Lawes were ordained Fortescue leafe 31. saith That as by Senews the compact of the body is knit together so by Law which of binding is so called this mysticall body is bound together and kept in one And Plowden leafe 9. b. saith The Law is appointed to the King to governe his people and that by three Lawes that is to say Generall Law Customes and Statutes In Matth. chap. 22. it is written That Christ sent forth his Servants that they should call to the Wedding that is to say He sent his Prophets and Preachers and they would not come and there it is sayd That he againe sent out other Servants saying Goe and invite and that is intended our Law which commands constraines and bridles us to come to God and to feare and obey God and the King and to keep us in Peace and to make that every one may hold in peace and tranquility his Goods Lands and lives and all that we have Heraclites saith That without Lawes by no meanes a City can be in safety but without Walls it may And Fortescue leafe 10. saith That thou mayst feare God the Lawes call thee and in leafe 11. That humane Lawes are no other then Rules by which Justice is taught The Prophet David saith Where there is no Order there everlasting horror doth dwell and without Law there can be no Order See Saint Germaine leafe 7. saying Law is ordained for the salvation of the Soule and for to fulfill the Lawes of God and to draw the people to flie evill and to doe good And see in the Doctor and Student leafe 8. the six grounds of the Law First Our Law is grounded upon common reason Secondly Upon the Law of God Thirdly Upon diverse generall Customes Fourthly Upon diverse Maxims Fifthly Upon diverse particular Customes And sixthly Upon diverse Statutes And for that the Law is more necessary for Government Bracton saith The Law maketh the King let the King therefore attribute unto the Law that which the Law hath given unto him that is to say Dominion and Power he is not truely King where will doth rule and not Law And Fortescue fol. 8. saith The Law is a sanctified holinesse commanding holy things and forbidding the contrary and likewise fol. 9. saith That Lawes made by man which to this doth receive power of God and they are likewise constituted by God Plowden fol. 55. b. As Subjects of the King are borne and inherite Lands so to inherite Lawes so that Lawes being the Inheritance of the People the Stewards cannot by Letters or otherwise gainsay nor take from the Tenants the Law By the Commentaries fol. 229. Saxon Law was that the eldest Son should inherite and Brittons Law was Gavelkinde as in Kent and North-wales By the Commentaries fol. 18. Words of Law may be broken for necessity as in the case of Revenger 14. H. 7.29 7. H. 7. fol. 7. If a Prisoner be in Famine and hath not sustenance if he breake Prison it seemeth not to be Felony for the Law of God was ordained to call us and if we will not come then our Law to bridle us sharply to come to God and our Law hath regard to necessity and charity and for that 20. H. 7. fol. 2. where a marryed Wife is throwne or struck with a Horse or is in sicknesse one may assist her and give her meat and drink 20. H. 7. One administers about a buriall that is no Administration for it is a work of charity Doctor and Student fol. 4. Beasts have certaine rule given to them by nature necessary for their being but the Law of Nature and Reason moveth a man to good and is written in the heart of every man to move him what is good to be done and what is to be avoided The Law of God is given by Revelation and light of understanding and there the Law of God ordaines man to eternall life and is Law to the happinesse of this life and this Law is to doe as you would be done unto and this Law will that Justice be done to every man and that no wrong be done Doctor and Student fol. 2. There are foure manner of Lawes that is to say The eternall Law of nature and Reason the Law of God and the Law of Man By Marlebridge Chap. 1. it is enacted That as well the greatest as the smallest should have and receive Justice in the Kings Court and that none of another revenges or destructions should make by his will without consideration of the Kings Court. Westminster the 1. Chap. 1. Common Right should be made to all as well to Poore as to Rich without regard of any See Stamford fol. 56. of Justice 2 Edw. 3. cap. 9. No command either by the great Seal or Privy Seale to disturbe or delay common right And for so much the Justices should not forbeare to doe right in any point 18 Edw. 3. The Statute of the Oath of the Judges is If any Letters to the Justices come contrary to the Law that you shall doe nothing for such Letters but certifie the King of it and resolve before to execute the Law notwithstanding those Letters And to conclude of these matters You ought to consider that God created Man onely to serve him and created all other creatures in the World for the service and use of Man as the Prophet saith Thou hast subjected all things under his feet all Sheep and Oxen and likewise the Beasts of the Feild Birds of the Aire and Fishes of the Sea which walke through the paths of the Sea so that all was made for the use of Man and yet without Law a man cannot injoy that and God being mindfull of Man to serve him as the Prophet saith What is Man that thou art mindfull of him or the Son of Man that thou hast regard unto him And for that God hath ordained Kings to governe and to keep men in obedience to serve and obey God the King and his Lawes for to disobey is detestable And Paul to the Romans Chap. 13. saith Every soule is subject to the higher powers for there is no power but of God which powers verily are ordained by God so that whosoever resisteth that power doth resist the Ordinance of God And Peter Chap. 2. saith Be subject to every humane Creature for the Lord and to the King as Saperiour And then for that that the King is ordained of God to make his people to serve God and to keep his people in obedience If you disobey the King you breake that which is commanded contrary in the Scriptures and so you disobey God And you see that if God had not been mindfull of us and had not created and ordained the King to governe us being of fraile nature and that by Lawes to bridle our fraile nature none could enjoy his Lands Goods nor
his life in safety And for that that the Law is so necessary Now let us see when and how these Courts Leets and Court Barons began Fineux The beginning of these Courts Leets ordained 12. H. 7. fol. 18. saith That at the beginning all the administration of Justice was in the Crowne and where the King was there was the Law administred Then afterward for the multiplicity of the people was the Court Leet for punishment of offences and annoyances to the Common-wealth within the Precinct of that and the Articles and paines are ordained to that end and it is called The view of franke pledge for that the King there may be certified by the view of the Steward how many people are within every Leet and also to have account and view by the Steward of their good government and manners in every Leet And also the Leet was ordained to have every person of the age of twelve years which had remained there by a yeare and a day to be sworne to be faithfull and loyall to the King and also for that that the people there might be kept in peace and obedience these Courts Leets were ordained And Court-Barons were ordained to determine Injuries Court-barons ordained Trespasses Debts and other actions as afterwards it appeareth where the debt or the dammages are under forty shillings And also for that that the Lords of the Mannors and Court-Barons have given their Tenants their Lands and Tenements before the Statute of Westm the third to hold of them for that also Homagers of Court ought to inquire in this Court that their Lords shall not loose their Services Customes nor duties And also it was ordained to make their Suites there and so to shew them obedient to their Lords and that nothing be made within the Mannor to be an annoyance or hurtfull to the Inheritances of the Lords of the Mannors which should not there be inquired of and presented for the Lords of the Mannors as afterward by the Articles more plainely appeares And so now you see here breifly that the Realm cannot be governed without a King and that the King for that cause is appointed of God and that the King governe by the Law Roy Ley. and cannot governe his people without Law and also you have heard how ancient and how necessary these two Courts are for governance of the People And now for that these Courts are held within Mannors and that a Court-Baron is incident to a Mannor It is fit to know how Mannors did begin and within what Mannors Court-Barons are held and in what not Parkins fol. 127. saith That the beginning of Mannors was when the King gave a thousand Acres of Land or a greater or lesser parcel to one and his heires to hold of him and his heirs and before the St. of Quia emptores terrarum because buyers of Land one seised of Lands did infeoffe one of ten Acres another of twelve Acres and the third of twenty Acres every one of them to make service unto him and so by continuance of time out of minde c. he had a Mannor Also in the 33. yeare of H. 8. Comprize c. 31. Plow fol. 169. a. A man cannot make a Mannor at this day for notwithstanding that a gift in taile be made to diverse to hold of the giver by Services and Suit of Court though by that there be a tenure yet it cannot make a Court for that cannot be but by Prescription And if a Mannor be and all the Freeholders but one Escheate Mannors cannot be without Court Baron or if the Lord purchase them it is no Mannor and there cannot be a Court-Baron without Sutors and not with one Suitor onely 35. H. 8. Tenures 102. 23. H. 8. Court-Baron 22. Suit 17. Fitzherbert 3. C. If one hold of another as of a Signiory Ingrosse which is not a Mannor he hath no Court Baron Fitzherbert 8. b. Where a man giveth all his Land in Taile there is a Signiorie Ingrosse and he shall have no Court but if he were seised of a Mannor and give parcell of the Demesnes in taile it is otherwise 22. H. 6. Title 2. Services is parcell of a Mannor but not the Land of the Mannor unlesse it be Copihold for if a man hath a Mannor in the County of Westmerland and one holdeth Land of that Mannor which Land is in the County of DARBY hee shall demand that Mannor in the Counties of WESTMERLAND and DARBY 18. of the Booke of Assises 3. If a man seised of a Mannor doe alien foure Acres in fee this is separated and no part of the Mannor but if the Husband seised of a Mannor in right of his Wife alien foure Acres for life and afterwards grant the Reversion of that in fee to P. and afterwards P. purchase the whole Mannor to which the Husband and Wife levie a Fine Sur connusance de Droit upon acknowledgment of Right as that which he had of their gift The Fine extendeth to the foure Acres which were severed for they were parcell in reversion as of the Mannor And in the 36. H. 8.4 Two Coparceners make partition of a Mannor so that each of these have a parcell in Demesnes and a parcell in Services Now each of these hath a Mannor and each of these have two Suitors but otherwise it is if one have but one Suitor he cannot hold a Court-Baron But 12. H. 4.25 Partition is made of a Mannor that one Coparcener shall have the Demesnes and the other the Services the Suit to the Court is suspended and during that there shall be no Court-Baron held And 8. H. 3.4 and 34. H. 6.53 It is held that a Court-Baron is belonging to a Mannor of common right so that within every Mannor shall be a Court-Baron unlesse there be no Suitors there or that by partition the Suit is suspended as it is before said But note that diverse are called Mannors within which are not any that hold of these Mannors but only Copiholders at the will of the Lord according to the Custome of the Mannor and there are no Freeholders which hold by Charter and yet these Lordships are called Mannors and in these are Court-Barons 19. H. 8.17 Court-Baron is belonging to a Mannor And now though the honourable Judges of both Benches and the Honourable Lord cheife Baron and the other Judges there of Record at this day are altogether given to administer Justice to all without respect of any Persons R. 2. Maint 2. according to the Statute of the 1. of Edw. 3. Chap. 14. which is that right be made as well to poore as rich and that none send Letters in disturbance of the Common Law so that praise be to God their whole inclination to the administration of Justice may be a sufficient example to all Stewards to administer Justice and not to have regard to Letters Yet in some Court-Barons I have seen such subverting of Justice by Stewards some by
Law is of Fat 's fixed in a Brew-house or Dy-house and at this day is the like of Glasse though there it was held the contrary but it seemeth where the Termor fixeth such things he may take it within the Terme but after the Terme not and the Heir shall have Table-dormants and those things which cannot be attached in Assise Stamford 45. Chattels are as well Chattels moveables as not moveables and Leases and Chattels are the Corn growing and right of Action and an Obligation made to a Felon and Money out of a Bag and Corn out of a Sack are Chattels 10 Ed. 4. fol. 1. It seemeth where one gives all his Goods and Chattels the Charters of the Giver doth not passe See 4 H. 7. fol. 10. 38 Ed. 3. Tit. Charters 24. It seemeth that Charters are but Chattels 8 Ed. 4. fol. 4. If one give to me a Deed of Feofment whereof I have not the Land this is but a Chattell in me 21. Ed. 4. fol. 80. Writings may be laid to pawn for Money borrowed by which it seems that Writings are Chattels in divers Cases 37. Assise 11. A Woman hath Execution by Statute-Marchant of Land and takes a Husband this is a Chattell and for that the Husband may give it 24. Fd. 3. Tit. Charters 5. by Thorp The Escheator may seise the Ward though there be no Office found for it is a Chattell and vested in the King without an Office 4. H. 7. fol. 10. Where Tenant in Tail discontinues and dies the Deed in Tail belongs to the Heir before he hath re-continued his Estate in the Land and it is no Chattell but an Inheritance for if one give all his Goods and Chattels he shall not have such Deeds Now let us see that the not using of Priviledge and Liberty is the cause of ceasing of that and where not I intend not using of Liberty which is for the benefit of the party this is no cause of ceasing but where it is for the Common-wealth not using is a cause of ceasing and mis-using is a cause of ceasing for ever IF one have Liberties and do not use them within memory all is gone 14. H. 7. fol. 1. Not using of the Office of Clerk of the Market is cause of ceasing for that is for the Common-wealth 2. H. 7. fol. 11. By Billing by mis-using and not using also of Market shall cease 2. H. 7. fol. 11. 15. Ed. 4. fol. 7. Where the Abbot of S. Albans had a Gaol by Franchise and would not be at costs with the Justices of the Gaol-delivery to make Delivery of Prisoners and kept them long in Prison for that it was seised into the Kings hands 8. H. 4. fol. 17. If the Lord of the Franchise refuse to do a thing commanded by the Court as to bring in his Prisoners it is a forfeiture of his Liberty contrary where it is commanded by proceffe by Hussey If a Lord refuse to do right or misuse his Franchise by himself or by his Bailiff or Deputy or do not use his Franchise that shall be reseised and all Lords which have franchises shal attend upon the Justices of Assise in person or by their Bailiffs or otherwise they shall forfeit their Franchises 20. Ed. 4. fol. 5. Confirmation NOte that there need be no Confirmation of a Charter of grant of Liberties after the death of every King as it is used 1. R. 3 fol. 4. But otherwise it is of Officers judiciall 33. H. 8. tit 203. If the King grant the Chattells of Felons to one and dies there need no confirmation of that otherwise if there were a Faire or a Market granted or a judiciall thing or a ministeriall Office granted Suit Then the next branch of Charge is Suitors and for that let us see who are resident which ought to make Suit at the Leet and who not SUite reall is at a Leet Residents and this is by reason of their residence 12. H. 7. fol. 17. Eitzh 160. B. A man which is not resident but hath Lands within the Leet shall not be destreined but where he is dwelling to make sute to the Leet Marlebridge chap. 10 Who have Tenements in diverse Hundreds have no necessity to come to these Turnes unlesse in the Bailywicks where they are dwelling where the Master is resident and also his Servant in some Leet as well the Master as the Servant 2 H. 4. fol. 17. Men of Religion Clerkes Knights nor Women shall not be Deciners Fitzh fol. 160. C. Register fol. 181. Britton fol. 19. It is provided that they have no need to come Rast County 2. Arch-Bishops Bishops Abbots Priors Earles Barons nor any religious Men or Women Marlebridg chap. 10. A man shall not make Suite twice to two Leets of severall men for his residency but one time to one and another day to another he may but one may come twice to the Leet of one person and yet may be charged to come to the Turne of the Sheriffe 18 H. 6. fol. 13. Every man ought to be attendant to a view of frankpledge 21 Ed. 3. fol. 12. For that the not scowring of Ditches adjoyning to High waies and Bridges and also other annoyances in waies are presentable in Leets and is another branch of the Charge let us see how they shall be done and what by the Common Law and what now by the Statutes Waies IF a man have Land adjoyning to the Kings High way he is charged of common right to cleanse the Ditches without any prescription 8 H. 7 fol. 6. but if he be not next adjoyning it is otherwise for there he is not chargable without prescription but it is said that he whose land is next adjoyning to a Bridge Purprestures is not held of common right to repaire the Bridge though the Bridge have been there time out of minde unlesse he have that made by prescription Magna Charta Rastall Bankes 2. Bridges Rastall Bridges 1. chap. 15. No Town nor Free-man shall be distreined to make Bridges unlesse that of old they use to make them in the time of King H. our Grand-Father the Statute of 22 H. 8. chap. 5. Gives power to the Justices of Assise to determine the making of Bridges where it cannot be held and proved what person certaine ought of right to make such decaied Bridges and what shall be made by the Inhabitants or riding where such decayed Bridges are by which it appeares that he which hath Land adjoyning to a Bridge is not chargeable to make the Bridge unlesse it be by prescription 2 Ed. 4. fol. 9. By Moyle if any incroachings be made over the Kings Way as by a Ditch House or Wall it shall be punished by presentment in the Leet and I collect upon the opinion of this book and upon 8. Ed. 4. fol. 9. And upon 27. H. 6. fol. 9. and upon 6. Ed. 3. way 2. Where a Lord of a Mannor hath Land upon both parts of a High way that he
all the House 15 H. 7. fol. 11. By Fineux where a Farmer of a Wood makes waste in one corner this onely is forfeited but if it be in divers places of the Wood all is forfeited and the plots in this also 15 Ed. 3. Tit. 108. See the time of Ed. 1. Tit. 122 VVaste against Guardian 4 Ed. 6. Tit. 136. By Bromley if a man make waste in hedge-rowes which inclose a Pasture nothing shall be recovered but the place wasted that is the circuit of the Root and not the whole Pasture 41 Ed. 3. Tit. 24. B. Fitzh 60. T. If a Guardian make waste and the Heir being within age bring a writ of waste by this the Guardian shall loose the VVardship and over that his Damages to as much as the waste amounts unto But if the Heir were of full age that he looseth not the VVardship then he ought to recover treble Damages for that that he cannot loose the VVardship according to the Statute of Glocester 43 Ed. 3. f. 6. VVaste it is a good Plea in Barr that the House fell by Tempest and if he covenant to repair that it is no plea in Covenant 49 Ed. 3. fol. 1. VVaste it is a good Plea that at the time of the Lease that the house was weak and that the great Timbers were rotted that it fell for if any the principal Timbers were rotten it is no waste though he covenant to repair it 8 H. 6. f. 57. Waste it is a good Plea that the Plaintiff hath entered into the Land before which Entry no waste made 8 H. 5. f. 8. Waste it is a good Plea that he surrendred to which the Plaintiff agreed before that no waste made 9 H. 6. f. 11. Waste by the Heir is a good Plea that the Plaintiff hath an elder Brother which survived the Plaintiff and after died after whose Death no waste made and a good Plea 44 Ed. 3. f. 27. Waste against a Guardian in Knight-service who saith that after the Death of the Ancestor J. F. abated against whom the Defendant recovered in a VVrit of VVard after which Recovery no waste made and it is a good Plea 12 H. 4. f. 6. VVaste it is a good Plea that that fell before the Lease 19 H. 6. fol. 66. VVaste that he suffered the House to be uncovered by which the great Timber rotted it is no Plea to say Day of the VVrit purchased the House was sufficiently repaired but to say after the waste and before the VVrit purchased it was sufficiently repaired 8 H. 6. fol. 61. VVaste held where Land is given to the Husband and the VVife and the Heirs of the VVife and the Husband discontinues in Fee and takes an Estate for life and the VVife dies the Heir of the VVife shall not have waste before that he hath purged the Discontinuance 8 H. 6. f. 63. Fitzh 59. E The heir within age shall have a writ of waste against a Guardian in Socage 2 Ed. 2. Fitzh the same Nat. bre 58. If a Guardian in Socage make waste the Heir when he cometh to full age shall have an action of account for that 14 Ed. 3. tit 107. It seems that waste lies against a Guardian in Socage tit 100. Fitzh Fitzh 58. H. There is a writ of waste in the Register for him in reversion against tenant by Elegit which hath the Lands in execution but it seems he shall not have waste for that that he may have a venire facias to account and there the waste shall be recompenced in the debt but by the action of waste he shall recover treble damages which he shall not have in the account Nat. Bre. fol. 37. waste doth not lie against tenant by Elegit nor against tenant by Stat. Merchant but if they make waste account lies 42 Ed. 2. tit 11. fol. If a Lease be made to one to use it in the best way that he can now he cannot make waste 17 E. 3. tit 101. If a Lease be made to one so that he may make his profit of that c. yet it shall not be intended such as common right gives him for he cannot pull down abouse and make waste Action upon the Case Action upon the case in Court baron and other Court and first for slander IT lies for calling one traytor felon and robber of the Kings people and that is to be noted in Iustice Seatons case 30. Ass 19. 22. Book of ass 43. presentment that one a is common Malefactor or a common thief or a common Baretor is not certain and is not good and so it is thought by divers to say that one is a common malefactor or a common baretor this action doth not lie for it is too general 2 Ed. 4. fol. 5. For calling one villain it seems that action upon the case doth not lie 17 Ed. 4. fol. 3. Saith there that an action upon the case doth not lie for calling the Plaintiff villain without more Nat. Bre. fol. 55. There are two desamations or slanders the one spiritual the other temporal temporal where he cannot be punished by the spiritual Law as to say that the Plaintiff is out-lawed of murder conspiracy forging of deeds c. 30 H. 8. tit 104. Lyeth for calling the Plaintiff perjured man for now perjury is punishable in our Law by the Statute of 5. Eliz. yet inquire for that it is not in what Court or cause he was perjured Register fol. 54. For calling the Plaintiff Adulterer or Usurer Defendant shall be punished in the spiritual Court and there doth not lie an action upon the case 4. Ed. 6. tit 112. Lies for calling the Plaintiff a false Justice of Peace 27 H. 8. fol. 13. It lies for calling the Plaintiff theif and inditing him of felony and note the words of the writ are that he is hurt in his goods his name fame and condition 26. H. 8. fol. 11. For calling the Plaintiff Thief and saying that he hath stolen sheep of one I. S. It lies 17 Ed. 4. fol. 3. Lies for writing slander in a paper by which he durst not go about his business 27. H. 8. fol. 17. For calling the Plaintiff Heretick and one of a new learning it doth not lie Book of entries fol. â—2 A president there in an action of the case for calling the Plaintiff false man but inquire if it lies for there was not there exception taken and there is there another president for calling the Plaintiff theif and saying he hath received 20 l. value of his goods In the Book of Entries fol. 13. there is another president of an action upon the case that a certain Letter or Bill with divers slandering words and defaming in the said Bill or Letter he caused to be writ It was the opinion in the Kings Bench that for calling the Plaintiff Rogue Cozener or villain action upon the case doth not he for you shall not have action upon the case for every word of anger reproachful for it is
JURISDICTIONS OR THE LAWFUL AUTHORITY OF Courts Leet Courts Baron Court of Marshallseys Court of Pypowder and Ancient Demesne TOGETHER WITH THE MOST NECESSARY Learning of Tenures and all their Incidents of Essoynes Imparlance View of all manner of Pleadings of Contracts of the nature of all sorts of Actions of Maintenance of diverse other things very profitable for all Students of Innes of Court and Chancery And a most perfect Directory for all Stewards of any the sayd Courts Heretofore writ in French by the methodically learned JOHN KITCHIN of Grays-Inne Esq And now most exactly rendred to more ample advantage in the English tongue with a demonstrative Table pointing out all matter of consequence throughout the whole Work Whereunto is added the authentick formes of all manner of Writs with their severall returnes in English very usefull for all men in this Common-wealth as they be now used LONDON Printed by T Roycroft for M Walbancke at Grays-Inne Gate and H Twyford in Vine Court in the Middle Temple 1651. TO The Students of the Innes of COURT AND CHANCERY JOHN KITCHIN wisheth happinesse TO the end no failer in the administration of Lawes from which the Common-Wealth receives its establishment may through ignorance be admitted as much as my abilities have prompted me unto for direction of such as keep Courts I have here preferred at once both to profit and censure both which I shall as justly expect as that I am confident my indeavours are neither fruitlesse nor free from Errings having neither been industriously idle nor blessed with infalibility yet such as they are I most seriously wish them to your advantage who are many of you imployed in the keeping of Court Leets Court Barons and other Courts and Jurisdictions And therefore I have here in this Book collected all such cases out of our Books of Law under such generall heads and notions which are upon any occasion to be discussed so that those who either have not the said Books at large or have them and yet want time to peruse them may here for sweatlesse labour receive satisfaction in exchange whereupon I have fixt my hopes that ignorance the naturall Mother of Errour which hath so much fostered it selfe in those imployments into which many Ignaro's have thrust themselves with ignorance and confidence of equall size will lose its no-being in Judiciall performances and that the knowledge of the Law in this kinde may prove impulsive to the Love of Justice which is alwaies the lesse regarded by how much Ignorance is her Enemy Ignoti nulla Cupido For desire and nothing are the same where the understanding is not felicitated with apprehension which here I teach as far as it is essentiall for any man Quatenus he is a Steward of Courts in which duty I wish him Jurisprudentiall for his owne Honour and the Publique benefit desiring nothing in requitall but your kinde accepctance From GRAYS INNE THE PREAMBLE FIRST before I write of the Order of Courts Leets Courts Barons you ought to consider for what cause the King was ordained of God Secondly For what cause the Law was ordained Thirdly How ancient these Courts are and for what causes and matters they were ordained and also how necessary it is that the Law be duely and truely administred in these Courts And first Fortescue leafe the 30. saith As a naturall body cannot be without a head so a Realme cannot be governed without a head which is the King And there he further saith That whensoever of many one is constituted amongst them one shall be Governour and the rest shall be governed Britton leafe the 1. saith The King is ordained of God that the Peace be kept the which cannot be well without Law And Fortescue also saith All power is of our Lord God Bracton saith also That the King is Gods Vicar upon Earth to seperate right from wrong Justice from Injustice that all which are Subjects to him should live honestly and none should hurt another but that to every man which is his owne by a rightfull contribution should be given for he is called King by well Governing Stamford leafe the first saith The King is the preserver nourisher and Defender of all his people and that by his great travell study and labour his people onely injoy their lives Lands and Goods But all those which they have in peace and tranquility and that by the Law And as the body of a man cannot live without the head but will fall downe unto the ground so the Common-wealth cannot be governed without a head which is the King Also Seneca saith Where there is not a Governour there the people will be confounded Prov. Chap. 11. Where there is not a Governour the people goe to ruine Rom. chap. 13. There is no power but of God and which are the true Powers are ordained of God The Person of the King and the Queen his Wife By the Commentaries leafe the 45. By the 7. of Edw. 2.34 The King is a Corporation See 1 H. 7. leafe 10.21 Edw. 4. Title Age it is no Plea that the King is within Age 1 Edw. 6. title 373. the King shall have his Age as Duke of Lancaster and not as King by the Commentaries leafe 213. See Stamford 10. If the King grant a Lordship to one in Fee the Grantee shall not have his Prerogative but if he grant that for life to the Queen and Prince that remaineth in the King and for that the Queen and Prince shall have Prerogative and though that the Queen is a person exempt from the King and may sue and be sued in her owne name yet that which shee hath is the Kings 1 H. 7. leafe 29. where a Reversion was to the Queen Ayd shall be of the King by Townsend and by some of both the Benches Stamford 75. Petition shall be to the King himselfe onely and not to the Queen or Prince 3. H. 7. leafe 14. The Queen is as a common person and as a Woman alone to let for life and to make personall things 11. H. 7. leafe 7. The King letteth to the Queen for life and shee leaseth at will In Trespas against the Tenant at will he shall not have aide of the King for he is a stranger to the Patent of the King 7. H. 7. leafe 17. 18. Edw. 3. leafe the first Phillip the Queen brought a Quare impedit and held that the Queen may bring a Writ in her owne Name and shall finde no pledges and for that it shall not be in the Writ Vnde c. 20 Edw. 4. leafe 1. Fitzherbert 101. 21. Of the Book of Assises 13. the sayd Phillip brought Deceit of a Fine levyed by Tenants in ancient Demesne at the Common Law 19. Edw. 4. leafe 2. J. B. granteth to the Queen the next Advowson of the Church of Dale and shee alone of that bringeth her Quare Impedit 49. Edw. 3. leafe 4. The King may give to the Queen for her life and shee may have
Ignorance and wilfulnesse and some Stewards to please their Lords and for feare of loosing their Fee being but Stewards at the will of their Lords and some for Letters and other causes that Justice many times hath not place there to the perillous example and overthrow of Estate and for that that henceforth hereafter Justice in these Courts may be the better administred before that I shall treat of the Courts aforesaid I think it is convenient to write to the Stewards these sentences insuing to be a Glasse to Stewards to reade their better remembrance to administer Justice and for that it thus followeth Who worketh Justice he shall be advanced Eccles 20. Blessed are they which hunger and thirst for Justice for they shall be satisfied Matth. 16. Justice advanceth a Nation and it maketh a miserable people to be pacified Prov. 19. He that justifieth a wicked man and condemneth the just man he is most abominable with God Pro. 17.15 Unless your Justice abound more then that of the Scribes and Pharisees you cannot enter into the Kingdome of Heaven Matth. 18. The soules of the Just are in the hands of God Wisedome In the streight path of Justice but the contrary way leadeth to death Prov. 12. Love God and thy neighbour as thy selfe then if you doe not Justice how doe you love him who is Justice and truth and how doe you love your neighbour as your selfe Matth. 22. Justice surely is immortall and everlasting Injustice is the wages of death love Justice you that Judge the Earth Wisedome 1. Riches doe not prevaile in the day of revenge but Justice shall free from death Prov. 2. God shall give to the Just the reward of their labours Wisedome 10. And if any love Justice his labours have great vertues sobriety and vertue then which there is nothing more profitable in this life to men Wisedome 1. Nothing truely can be honest which wanteth Justice Tully in his Offices From Justice as out of a certaine Fountaine all rights doe spring for a just man hath a will to give to every man his owne Bracton Another Cause of doing Justice It is appointed for all men once to dye and afterwards to come to Justice And as Athanasius saith At whose comming all men shall rise with their bodies and shall give a reason and account of their owne workes and they that have done good shall goe into life everlasting but they that have done evill into everlasting fire What men have done this present time of life Shall reap the Harvest when Goe and Come is rise Rev. 14. Blessed are the dead which dye in the Lord for their workes follow them Corinth 1. Chap. 3. Every one shall receive his reward according to his worke 2 Corinth 4. Who soweth in blessednesse shall reape in blessednesse if Christ had not been borne of the Virgin Mary and dyed for us no man could have come to eternall life therefore beleeve and doe Justice and then shall yee have the aforesaid thing promised And note That though Christ hath redeemed us yet if we doe evill it is written We shall goe into everlasting fire and for that obey and feare to breake the Commandements of God and then in doing of Justice you doe the Commandement of God for which you shall have the thing promised that is to say Eternall life for not all which say unto me Lord Lord shall enter into the Kingdome of Heaven but those that doe the will of the Father saith Saint John Therefore if you will have eternall life doe Justice and also remember that death doth not delay no man knoweth his day and therefore prepare your life and doe Justice because no man knoweth his end and as Fishes are taken with a hook and Birds taken with a Snare so the body of a man in the day of evill The third Cause of doing Justice is to have a good Report Have a care of a good name It is better to have a good name then much Riches Cursed is the man that neglecteth his good Name It is better to have a good Name then precious Oyntments and to conclude he saith What profiteth If you shall gaine the whole World if you shall loose your owne soule First the Steward shall make a Precept to warne the Court by reasonable warning as by six or more dayes as followeth and it is the better if it be by fifteene dayes according to the common dayes in the Bench. The Precept J. K. Steward to the Bayliffe thereof health Prebenda de Islington I command likewise and appoint that diligently you give to understand the view of Frankpledge of the Court there to be held against the Thursday that is to say the sixteenth day of October next comming after the date of these presents and have there this command And as c. Dated under my Scale the first day of this moneth of October the yeare of the Reigne of Queen Elizabeth by the grace of God of England France and Ireland Defender of the Faith c. 21. Then enter your beginning of your Court-Rollin manner following The view of Frankpledge with the Court J. F. Prebenda de Islington Order de tenor Leet Clerk there held the Thursday Viz. The sixteenth of October the yeare of the Reigne of our Lady Elizabeth Queene by the grace of God of England France and Ireland Defender of the Faith c. the 21. held by J. K. the Steward there It is good to make this entry that is to say Held by J. K. Steward there If there be any Copiholders there for that the Name of the Steward is in the Copy to the admittance then after this entry the Steward shall cause the Bayliffe to make Oyes three times if it be a Leet for this is the Kings Court though the other hath that by Grant or by Prescription In the yeare 21. Edw. 4. fol. 37. is that where either adjournment of the Terme or other matter for the King B. Proclamation 6. is There at the beginning there shall be three Proclamations made and in all other matters which are not for the King but one Proclamation and for that at the beginning in the Court-Baron shall be but one Proclamation and in Court Leet for that it is the Kings Court shall be three Proclamations Scilicet O yes three times shall be made Note that none may make Proclamation but by authority of the King or Maiors and such like where they have used it by Custome 22. H. 6. fol. 19. Then forthwith after the three Proclamations made the Steward shall make the Bailiffe to say All manner of Persons which are resident or Deciners and doe owe Suit royall to this Leet come in and make your Suit and answer to your names every one upon paine and perill which shall ensue And after that all are called and all which are absent are marked to be amerced then the Steward shall cause againe if it be in a Leete to be made three
to see that the offendors be punished and the Just preserved for as the Touchstone is provided to try the purenesse of the Gold and Mettals so are you chosen the Touchstone to see the Weed to be taken from the Corne and the Corne to be preserved and you ought to see the King and the Common-wealth preserved and Justice to be administred which is the preservation of the King Justice and his Common-wealth and so for that that you see your duties and consider your Oath I will declare to you the Articles of your Charge The Charge in Leet First You ought to consider 27. H. 8. fol. 2. that some offences as petty Treasons and Felonies which are against the Crowne and Dignity are inquirable and presentable in a Leet but not punishable there but by the Statute of 1. Edw. 3. the last Chapter Rast Indictment 2. they ought to be written and Indented and one part to remaine with the Steward and the other with the Jury and it ought to be delivered to the Justices of Assise at the next Goale delivery held within the County And first these following are to be inquired of and to be certified as afterwards is said First Treasons You ought to inquire if any counterfeit the Great Seale Privy Seale or the Armes of this Realme and by the 25. Edw. 3. Rastal Treasons 1. they are high Treason and yet inquirable here as Felony and to be certified as is aforesaid 2. Also if any counterfeit the Money of this Realme Counterfeit Mony or of another Realme being currant in this Realme it is high Treason 1 Mary Rastal Treason 21. And by Stamford fol. 3. but inquirable here as Felony 3. Also is the counterfeiting of the Seale manuall Scale Privy Signet or Privy Seale and are inquirable here as Felonies Rastal Treason 1. 27. H. 8. c. 2. 4. Also the Clipping Clipping washing or filing of Money is high Treason by 5. Eliz. and inquirable here as Felony Rastal Treason 29. 5. Also if any Servant kill his Master or his Mistrisse Kill his Master or Preist or any other Religious kill his Ordinary by the 35. Edw. 3. C. 2. Rastal Treason 1. is petty Treason and inquirable here as Felony 12. Booke of Assises 30. 6. Also if any Woman kill her Husband Wife Husband it is petty Treason and is inquirable here as Felony 19. H. 6. fol. 47. 7. Also cutting out of tongues of men Felonies and putting out their eyes of malice is Felony and here inquirable 5. H. 4.5 Rastal Felony 4. 19. H. 6. f. 47. 8. Also Murder is Murder when any of malice pretended killeth another feloniously and is inquirable here 14. Edw. 3. 9. Also Man-slaughter is here inquirable Man-slaughter that is to say When a place is not appointed to fight but onely they fight together and the one killeth the other when they meet by chance Stamford fol. 18. a. it is here inquirable 10. Also if one kill the other in defending of himselfe he shall loose his goods Se defendendo The same Law where one killeth another by mischance Stamford 15. a. 11. Ravishing of a Woman Rape as trespasse is inquirable and where it is not presented before the Coroner Stamford 23. b. 18. Ed. 2. Rastall Rape 2. 12 Rape as Felony which is Felony made by the Statute is not inquirable in a Leet nor any thing given by Statute unlesse it be inquirable by express words but that which is made petty Treason by Statute is inquirable as Felony by the Common Law 11 H. 7. fol. 22 13 Burglarers are those Burglary which in time of Peace break Houses Churches Walles Towers or Doores after the Sun set and before the rising thereof though he carry away nothing if their intent may appeare that it was to rob or kill or to commit other Felony it is Burglary inquirable here Stamford fol. 30. b. 14 Robbery Robbery is when a man taketh any thing from the person of another Feloniously though it be but the value of a penny it is Felony and Inquirable Stamford 27. d. 22. of the Assizes 29. 15 Also burning of a House Feloniously done is Felony by the Common Law Burning of a house and also is burning of Barnes in the night and inquirable Stamford 36. a. 16 Burning of a Barn in the night adjoyning to a House is Felony by the Common Law 11. H. 7. f. 1. Robbing Churches 17 Also robbing of Churches or Chappels and taking of any Ornaments out of them Feloniously is Felony and inquirable Theft 18 Theft is the taking of anothers Goods with a fraudulent minde of stealing against his Will whose Goods they are and if it be above the value of twelve pence he shall be hanged and Theft is here Inquirable Stamford 24. L. Rescous 19 If any rescue any which is taken for Felony that is Felony and here inquirable 1 H. 7.9 Taking Doves 20 Also taking Doves in the Dovehouse in the night with Felonious intent is Felony and here inquirable but not where they are taken in their roost out of the Dovehouse Stamford fol 25. C. 22. booke of Assises 95.18 H. 8. fol. 2. 21 Also taking of young Pigeons Young Pigeons or young Goshaukes in their nests in the night is Felony and inquirable here 14. H. 8. 18. Ed. 4 fol. 8. 22 Also the taking of Fish feloniously out of ponds Stews Fishes or Trunks in the night is Felony and here inquirable But otherwise it is where it was taken in the River there it is no Felony 22 booke of Assises 95 Quere 18. Ed. 4. fol. 8. 23. Also the taking of tame Deere with a Felonious intent Deere is Felony the same Law the taking of Signetts Swans marked and Peacocks and here inquirable Stamford fol. 25. C. 18 H. 8.2 24. Also if any one receive a Felon Receiver well knowing of the Felony which he had done that is Felony and here inquirable Stamford fol. 41. E. 25. And note that all other Felonies which are Felonies by the Common Law Felons by the Common Law as these are are here inquirable and see these after in Felony otherwise the King shall loose yeare day and wast and the Lord his escheat 26. Accessaries are inquirable here Accessary and that is if one procure or command another to do a Felony but is not present when the other doth that this Procurer or Commander is Accessary Accessary after the Felony is where one receives a Felon and knowing of the Felony Stamford 40. G. 27. Escape voluntary Scape is when one arrests another for Felony and after lets him go where he will that is Felony and here inquirable Stamford 32. I. 28. Escape negligent is when one is arrested for Felony and after escape against the will of him that arrested him and be not freshly pursued and taken before the Goaler loose the sight of him
driving there be found any Filly or Fole or Gelding not able to beare Foles or not able to worke the same shall be kild and buried None ought to put upon a Common any Horse Mare or Gelding infected with Scab or Mange upon paine of forfeiting ten shillings Note that the presentment against this Statute ought to be certified by the Steward at the next Sessions of the Peace upon paine that he shall forfeit forty shillings Hue and cry 18. Ed. 2. ALL commonly are taken and called at the Summons of the Sheriffs and at the cry of the Country to pursue and arrest the Felons when occasion shall be as well within Liberties as without 3. Edw. 3. chap. 9. And if the Robbers escape the hundred with the Liberties thereof shall make recompence to the party robbed within halfe a yeare after the Robbery committed Winton 13. Edw. 1. chap. 2. And if it be upon the borders of the Hundred then both Hundreds shall make recompence Westminster 1. chap. 9. To take Felons the Statute will that all commonly be ready at the commandement and at the Summons of the Sheriff and at the cry of the Country to pursue to arrest Felons when occasion shall be as well within Liberties as without and shall give a Fine to the King for not doing See the Statute of Winton in the time of Edw. 1. The Office of the Crown title Coroners 2. Have power to inquire if Hue and Cry be made and if all follow the Hue and Cry and he that doth not and upon this is convicted he shall be attached to appeare before the Justices of the Goale delivery 21. Edw. 1. If a Forrester Park-keeper or Warrener shall finde Malefactors wandring to make some dammage there after the Hue and Cry raised to the Peace of the King they that will not stand and yeeld themselves but to execute their malice and to continue it and to the disturbance of the Kings Peace do fly away and by force and armes defend themselves If they shall kill these Malefactors they shall not for this occasion be called before the King and the Justices High Waies 2. 3. P. M. chap. 8. FOr amending of High Waies to Markets shall be chosen Tuesdayes or Wednesdayes in the weeke of Easter two Surveyors and if any chosen refuse the paine is twenty shillings and by that Statute every Laborer ought foure dayes to worke and their dayes shall be appointed the next Sunday following in the Church and to be made before Midsummer He which hath a Carve of Land or pasture or a Cart shall be there foure daies with it and two men upon paine of ten shillings a day And every House-keeper Cottiger and Laborer not being hired Servants by the yeare shall be there foure daies upon the paine of twelve pence a day and ought to labour eight houres in the day Provided that every one before charged 5 Eliz. ch 13. labour 6. daies and that giveth Liberty to take Rubbish small stones of quarries sand gravell or Synders and to gather stones upon other mens Lands and provideth liberty to turne the course of Waters out of the Highwaies and that Ditches of every part of the Highwaies be scowred by them adjoyning 8 H. 7. fol 8. and that Trees Hedges and Bushes be cut by the owners which grow adjoyning to the High-waies 18 Eliz. chap. 9. according to the Statute of 5. Eliz. by which the waies ought to be opened and the People to have ready passage Every one chargeable as a Cottiger by former Law and assesse in goods at five pound or forty shillings in Lands if he dwell not in London shall finde two men every one of the six daies And if one dwell in one parish and hath part of a Carve of Land there and part in another parish he shall finde a Cart where he dwelleth And if one have two plough Lands in two severall parishes he shall finde in every one a Cart. Paine ten shillings for not scowring of Ditches and cutting Bushes according to the Statute fifth yeare of Elizabeth Paine twelve pence the Rod for not ditching and scowring Ditches paine for casting out that which is scowred in Ditches into the High way for every loade twelve pence The halfe of all forfeitures by these Statutes shall be to the Church-wardens to bestow upon waies Wardens of the Church Hats and Caps 13. Eliz. chap. 16. EVery person within the age of six yeares ought to use upon the Sabboth and Holy daies if it be not in the time of their Travell out of the Town upon their Head a Cap of Wooll made and dressed in England Except Maydens Dames Madams and Gentlewomen Noble Personages Every Lord and Knight Gentlemen of twenty Marks and their heires such which are in any Office of worship in City or County Are excepted also Wardens of worshipfull Companies in London Are excepted also The Forfeiture is three shillings foure pence the day one halfe to the Lord of the Leet the other to the Poore Also the Parents Gardians Governours and Masters ought to pay the Forfeiture for their Children Servants and Wards 21. yeares till they be out of their charge Hempe IF any water any Hempe or Flax in any River 33 H. 8. chap. 13. running-water streame or any other common Pond or water where Beasts are used to be watred but only upon the Land where pits appointed for the same or otherwise in the severall Ponds they shall forfeit twenty shillings and remedy given to sue for the same in a Leet by Action of Debt bill plaint information or otherwise Musters 4. and 5. P. and M. chap. 3. HE that refuseth to come to Musters before any person authorised to take it shall be imprisoned for ten daies if he do not pay to the Queen forty shillings And if any person appointed to take Musters receive any Money to release any appointed to serve he shall forfeit ten times as much as he receives Mortmayne 7. E. 1. West 2. c. 32. NO man entred into Religion or other whatsoever to buy or sell Lands or Tenements or under colour of gift or Tearm or by reason of any others title whatsoever to receive Lands or Tenements of any body or by any other Art or Wit to presume to appropriate it unto himselfe upon the forfeiture thereof by which the Lands and Tenements aforesaid should come to Mortmain by any meanes If any shall do contrary to this Statute it is lawfull to the cheife Lord of the Fee within a yeare from the time of the alienation thereof to enter and to hold in fee and Inheritance and if the cheife Lord be negligent then the next cheife Lord may enter within halfe a yeare after and so every Lord shall have halfe a yeare till it come to the King Riots 1. M. 1. chap. 12. IF any persons to the number of twelve assemble unlawfully to alter and change Lawes to breake Enclosures Bankes Conduits Stankes Fishponds Houses Barnes
shall have no action against him yet a Judge of Record as a Justice of Peace hath been punished in the Star Chamber for misdemeanour and so may the Steward of a Leet and so such a Judge of Record for not regarding his Oath as Maiors Bailiffs c. 21 H. 7. fol. 22. If a Capias issue our of a Court of Record to the Sheriff where is no Originall yet this excuseth the Sheriff but if the Servant of the Sheriff arrest one by processe made out of a Capias and returne his processe and the Sheriff do not return his Capias false Imprisonment lies against the Servant Fitzh 21. B. one cannot assigne Errour that the Jurors gave verdict for the Defendant and Judges enter that for the Plantiff Presentment in Leet Now let us 〈◊〉 what presentment in Leet is traversable and what not and it seemeth where that toucheth a Free-hold is traversable and otherwise not PResentment in Leet by 4 and not by 12. That one hath dwelt within the Leet not sworn c. it was Traversed but it seems if it were by 12. it shall not be traversed but shall have recovery by Writ of false presentment 5 Ed. 3.26 A thing presented in Leet is as Evangelist if it passe the day in which it is presented but the same day you may have an action of false presentment against the Jurors and after without recovery 21 Ed. 3. Tit. Barr. 271. Presentment in Leet which toucheth Free-hold is traversable and other presentments not 19 H. 8 fol. 11. and 41 Ed. 3 fol. 27. the same Presentment in Leet which toucheth a Free-hold may be removed and traversed and every Presentment before Justices of Peace is traversable 5 H. 7. fol. 3. and 6 H 7 fol. 2. the same Presentment of blood spilt is not traversable for that doth not touch free-hold 2 R. 3.12 If the presentment be not in a Leet of things there presentable afterwards they shall be presented as it followeth IF Presentment be not in Leet of things presentable there then they shall be inquired and presented in Turne and if not there then in the Kings Bench 41 Ed. 3. fol. 27. If things Presentable are not presented in Leet they shall be presented in Turne and if not there before the Justices in Eyre and if not there in the Kings Bench 10 H. 4. fol. 4. Then let us see what remedy the Lord shall have for Amerciaments in Leet and what recovery for a Fine and what upon paine or by-Law and it seems that for Amerciaments he may distraine and for Fine Assesse and by-Law broken shall have a Debt or Distresse Amerciaments FOR a Fine reall he cannot distraine but Amerce and by prescription distraine and this is now in use in every Mannor and for Suite-Service distraine without doubt 12 H. 7.15 One may prescribe to distraine for Amerciament in Law-day for it is incident 9 H. 7.22 He may in Leet Amerce and distraine for that 8 H. 4. Tit. 15. A man may in Leet Amerce for annoyance and distrain for it 19 Ed. 3. fol. 36. One was Amerced in Leet for stopping in the High way and his Horse in anothers keeping was destrained for it 47. Ed. 3.12 The Lord may sell the Distresse taken for an Amerciament in Leet as the King may sell the Distresse for that it is the Kings Court 3 H. 7. fol. 4. If Amerciament in Leet be agreed the Lord may distraine without notice by Finch and by Wich it is good Plea that the Tenant would have paid if he had had notice 45 Ed. 3. fol. 9. The Lord cannot distraine for Amerciament in Leet in a place seised into the Kings hands for debt to the King for this is priviledged during the time 47 Ed. 3. fol. 12. Of common right the Lord may distraine for Amerciament in Leet and for that need not to prescribe 10 H. 7. fol. 15. The Lord may distraine for Amerciament for annoyance in the high way or for making Hedges cross the street and avow for that 4 Ed. 3.10 Avowrie 161. The Lord may not distraine the Horse of another in the Inne of him Amerced nor the garment of another in a Taylors shop where the Taylor is Amerced 10 H. 7. fol. 21. If one refuse to be sworn or make any other contempt in Court the Steward may assess a Fine upon him and the Lord may distraine for that 13 H. 6. Leet 11. For a Fine assessed by the Steward for a contempt in the Court the Lord may have debt 10 H. 6. fol. 7. and 7. H. 6. fol. 13. If a paine of ten pound presented in the Leet to be broken the paine shall not be otherwise acertained and the Lord for that shall have an action of Debt but he cannot distraine and make avowrie but by prescription but it is now used in every Mannor to distraine as I think 32 H. 8. Tit. 37. The Lord may have Debt for Amerciament assest in Court-Baron 12 R. 2. Statham fol. 62. It seems the Lord shall have Debt for releife and cleerly the Executors shall have Debt for releife 32 H. 8.20.19 H. 6. Tit. 11. Moderata miserecordia doth not lye where a Fine is alsessed by the Steward for contempt in Court nor where Amerciament is assessed but where Amerciament is not confirmed that lieth if it be too high Fitzher fol. 72. C. If one be amerced in the Sheriffs Turne the Sheriff may distraine throughout all the County and if it be in a Leet thoughout all the precinct of the Leet 8 R. 2. Avowrie 194. The Lord may distraine in the high street for Amerciaments in a Leet 34 Ed. 2 and 19 Ed. 2. Avowrie 221. Debt lieth for the Lord for a Fine assest in Leet by the Steward for not returning the Pannall or for other contempt and it is good without confirming 7 H. 6. fol. 13. tit 233. For Amerciament in Leet it seems one may take goods of another in the keeping of him which is amerced yet see how Issue was taken that it was not the Horse of Prior Tindall which was Amerced which was taken 47 Ed. 3. fol. 12. For not châ—ansing of a Ditch by the Predecessor of a Parson Successor shall not be punished for that Offence the same Law of Father and Son 5. H. 7. fol. 3. Distresse Where one may distraine and what thing ONE lifted a Mill-stone off the stock to be picked on the floore it is not so severed but that it is parcell of the Mill and cannot be distrained and so it is of Windowes and doores 14 H. 8. fol. 29. 10 H. 7. fol. 21. You cannot distraine the garment of another man in a Taylors shop 21 Ed. 4. fol. 49. the same 9. H. 6. fol. 9. The Lord cannot distraine for his Rent but in Lands held of him but the King may 8 R. 2. tit Avowrie 192. If one be Amerced in Leet the Lord may distrain in any place within the Precinct of that and in the Turne of the Sheriff in
persons which were common breakers of hedges and other bribers which live in others houses idly or live suspect The Oath of the Reeve or Bayliffe YOu shall sweare That you shall well and truly serve our Lady the Queen and the Lord of this Mannour in the Office of Reeve or Bayliffe of the Mannour for this year to come and you shall well and duly collect all such Rents Revenues and other annuall Profits as shall be chargeable and issuing out of the same Mannour to you And of that you shall make and give a lawfull account at the end of the same year and in every other thing belonging to your Office well and truly to discharge in your Office during this year to come So help you God c. The Oath of the Greve or Hayward or Beadell YOu shall swear That you shall well and truly serve the Queen our Soveraign Lady and the Lord of the Mannour in the Office of Greve Beadell or Hayward of this Mannour for this year to come and you shall duly and truly execute all such Attachments and other Processes as shall be directed to you from the Lord or Steward of this Court and you shall present all Pound-breaches which shall be made within your Office and also all Cattells Strayes and Waifs and in every other thing well and truly hold you in the same Office So help you God c. Oath of a Desiner YOu shall swear That you I.S. from this day forward shall be faithfull and loyall to our Soveraign Lady the Queen c. and to her Heirs and shall keep unto her faith and loyalty of life and of member and of earthly honour and that you shall not conceal any ill or damage intended towards them nor hear any ill of them which you shall not defend them in to your uttermost power So help you God Britton fol. 74. gives that Oath of Affirors YOu shall swear That you will well and truly tax assess and affier all the Amerciaments presented in this Court and in doing of that you shall not spare any for love feare nor affection nor raise nor inhaunce any more greivous then shall be reasonable according to their deserts made and not more nor less nor for envy nor for love assess or affier but upon every one severally according to the quantity of their offences made and not otherwise So help you God c. Oath of the Fealty YOu shall swear That you shall be faithfull and loyall and loyally and faithfully shall carry your selfe to the Lord of this Mannour for the Lands and Tenements which you claim to hold of him and you shall well and duly pay to the Lord of this Mannour and his Heirs from time to time all such Rents Duties Customes and Services that you ought to pay and make for the same Lands at the times appointed So help you God c. Oaths of the Aletaster YOu shall swear That you shall well and truly serve our Soveraign the Queen and the Lord of this Court in the Office of Aletaster or assise within this Lordship for this year to come and you shall well and duly see from time to time that the sale of bread brought to be sold be duly weighed and that it contain such weight according to the prizes of grain as by the Statute is provided that is to say according to the prizes of Corn in the next Markets Also you shall have diligent regard during the time of your Office to all the Brewers and Tiplers within your Office that they and every of them make good and wholesome Ale and Beer for mans body and that they do not sell any before it hath been tasted by you and then to be sold according to the prizes limited and rated by the Justices of Peace and all defaults committed and done by the Bakers Brewers and Tiplers or by any of them you shall present at the Court here by which punishment may be ministred unto them for their offences and in every other thing you shall well and truly behave your selves in your Office for this year So help you God c. The Oath of the Constable YOu shall swear That you will well and truly serve the Queen and the Lord of this Lawday and you shall indeavour that the Peace of our Soveraign the Queen well and truly according to your power be kepr and you shall arrest all which you see making Riots Debates or Frayes or breaking the Peace and you shall well and truly indeavour your selves according to your knowledge that the Statute of Winton for Watch Hue and Cry and the Statutes made for the punishment of sturdy Beggers Vagabonds Rogues and other idle persons coming within your Office that the Offenders be punished and you shall indeavour your selves upon complaint to you to apprehend Barretors and riotous persons making Frayes and also apprehend Felons and if any of them make resistance with force and multitude of Offenders you shall make out-cry and pursue them till they are taken and you shall look to such persons as use unlawfull Games and you shall have regard to the maintenance of Artillery and you shall well and duly execute all Processe and Warrants sent unto you from the Justices of the Peace of the County and you shall make good and faithfull presentment of all bloodsheds out-cries affrayes and rescues made within your Office and you shall well and duly according to your power and knowledge do that which belongs to your Office of a Constable to do for this year to come So help you God Constables And for that that the Constable is here chosen and sworn that is inquirable here if he do his Office and for that let us see what authority a Constable hath and what he ought to do AT the Common Law before the making of the Statutes by which Justices of the Peace were ordained to keep the Peace The cheif Justice of England was appointed by the King and he hath authority and he was ordained to determine matters touching the Crown and for conservation of the Peace throughout the Realme and he for that is the cheife Justice of the Peace Also by the Common Law before there was any Justice of Peace Constables of every Town were keepers of the Peace within their Townes If any be threatned upon complaint to the Constable he may inforce the party to put in a Suerty and if he do not commit him to prison till he hath found a Suerty 4 Ed. 3. Barr. 102. If any be strucken and in perill of death the Constable ought to arrest the Offendor and to keep him in Prison till it be known if he will live or dy or till he have found Suerties to appeare before the Justices at the Goale-delivery If Felons or Murderers be in a Town and the Constable hath notice of that it is his Office and duty to raise People to take them 1 R. 3. chap. 3. And if any Felon be taken it is the Office of the
work or three pence and of every one which hath a Gate into the Wood a Hen is a custome allowed 11 H. 6.2 Custome or prescription to have House-boote in the Lords Wood is good but not to have Wood to sell 11 H. 6. f. 11. Custome that within the Mannor of D. the Wife shall have the whole Land of her Husband in Dower whilest he is unmarried and if she marry that she shall forfeit that is good and allowable 21 Ass 11. Custome that a Woman covert may demise and surrender her Copy-hold to the use of her Husband this custome is not allowable but custome that an Infant at his age of discretion may surrender his copy-hold that is good but contrary of an Infant within age of discretion to make a surrender 21 H. 7. fol. 26. Lord to prescribe that every Tenant of his Mannor ought to Impound distresse taken within his Mannor in his Pound is not good for he may Impound in his owne Land 8 Ed. 4. fol. 19. Those which are Fishets in the Sea may prescribe to goe upon the Land adjoyning to the Sea to Fish for that is for the Common wealth but to digg to fix the Stakes to dry their Nets is against common right and is not good 21 Ed. 4. tit 50. Custome to turne his Plough upon the head-land of another is a good custome 40 Edw. 3. fol. 9. Custome to pay to the Lord five Marks for Releife and not more hold he more or lesse is good 44 Ed. 3. fol. 13. Custome that the Tenants ought to choose a Beadle amongst them to geather the Lords Rents is good 2 Mar. tit Prescription B. 100. Custome may be alleadged where there is no person that may prescribe as Inhabitants cannot prescribe but alleadge custome there to have Common in D. for one goes with the person and another with the place and prescription with the person by 21 H. 7. fol. 13. that is That all the Tenants have used to pay after their death a Harriot is not good but that the Lord hath used to have after the death c. he may prescribe 18 H. 8. fol. 2. Inhabitants by Fitzherbart cannot prescribe to have Common but the Lord may prescribe for him and his Tenants c. of time out of minde c. 7 Ed. 4. fol. 24. It seemes that Inhabitants cannot prescribe to Intercommon because of Neighbourhood but Inhabitants may prescribe to have easement that is to say That they have a way or other thing of easement but not to take profit 12 Ed. 4. fol. 2. It seemes by Catesby that the Inhabitants of D. may prescribe that they have used to pay but three pence for Toll 18 Ed. 4. fol. 3. It is sayd that the Inhabitants of D. cannot prescribe that they have used to have Common in anothers Freehold but that they have used to have a way 15 Ed. fol. 28. the same 40 Ed. 4. fol. 18. Schollers of Oxford and Justices of Assise may prescribe to have principall of Houses notwithstanding they are not corporate for that they are for the Common wealth 26 H. 8. fol. 6. Parishoners may prescribe to choose two Church-wardens of a Church every yeare and good 11 Ed. 4. fol. 2. Serjeants at the Law may prescribe that they have used to be Impleaded by Originall and not by Bill and so prescribe in usage 20 Ed. 4. fol. ult Officer which hath his Office at will may prescribe as Cheife Justice of the Bench and other which have used to give Offices 22 Ed. 4. fol. 18. The Lord Chancellor of England which is at will may prescribe in usage that is to present to all Benefices under forty Marks which are in the Kings right but he ought to prescribe in his Office that is that all Chancellors c. and so many Justices prescribe 20 H. 6. fol. 9. the same 12 H. 7. fol. 14. Officers may prescribe that they and all the Officers whose Estate c. Have used and so forth c. Note how one shall have a Rent or a thing which cannot be granted without Deed by prescription 13 Book of Ass 4. Rent was recovered by Verdict in Assise where the Assise found that he and those whose Estate he hath were seised of time out of minde and so note Rent recovered by title of prescription and the party shews a deed by which he purchased the Rent but not a Deed of the beginning of it Littleton fol. 34. saith Such things which cannot be granted nor aliened without Deed or Fine a man which will have things by prescription he cannot otherwise prescribe but in him and his Ancestors whose Heire he is and not in him and those whose Estate he hath for that that he cannot have his Estate without Deed or other writing which he ought to shew 12 H. 7. fol. 14. One avows for that that he and all those whose Estate he hath in the Hundred have view of Frank pledge and that by reason of ten Acres within that he ought to make Suite at the view c. 22 Book of Ass 53. Ass One makes Title to Rent that he and his Ancestors Lords of the Mannor of D. and those whose Estate he hath of time out of minde have used the Rent and this is good without shewing a Deed of purchase of that being appurtenant to the Mannor 11 H. 6. f. 14. To say that he is seised of a Messuage and twenty Acres and to prescribe that he and all those c. have used House-boote and Wood to sell it is not good to prescribe to sell it Custome shall be taken strictly Custome of London is that a Citizen and a Free-man may devise in Mortmaine but a Citizen which is a forrainer cannot devise in Mortmain for it shall be taken strictly 5 H. 7. f. 10. 5 H. 7. fol. 41. Custome that an Infant of the age of fifteen years may make a Feoffment yet a Lease and Release which mounts to so much is not good 22 Ed. 4. Tit. 17. Infant by custome of Gavelkinde at the age of fifteen may make a Feoffment yet he cannot make a Will upon the same Feoffment for custome shall be taken strictly Perkins f. 83. Where the custome is that the Wife shall have halfe the Lands of her Husband for her Dower yet shee shall not have the halfe of a Faire or a Bailiwick for they are not Lands and shall be taken strictly 38 Ass 18. By the custome of London a Citizen may devise Lands which are within the same City in Mortmain but not Lands out and Forrainer cannot devise Land in London in Mortmaine Costs against the Plaintiffe THat in every Court in trespasse upon the Statute of 5 R. 3. chap. 7. Debt covenant by specialty or upon contract Detinue of Goods account action upon the case or upon the Statute for personall wrong ought to be remedied if after appearance of the Defendant the Plaintiff be nonsuited or a Verdict passe against him the Defendant shall recover his costs
six English men otherwise the Jury shall not be taken and so shall be Tales of that 4 Mar. b. Tit. Jurors 8. Jury tooke a Writing of the Plaintiff which was not delivered to them in Court and passed for the Plaintiff and for that that this matter appeared to the Court by examination therefore the Plaintiff shall have no Judgment 35 H. 8. B. Tit. Replead 54. It was in use in the Kings bench though that the Jury was ready to passe there if there be a Jeofaile apparent in the Record the Jury shall be discharged 26 H. 8. f. 6. Jurors after they are in the House return to heare evidence again upon matter which they were in doubt of and may 14 H. 7. f. 1. The Jury eate and drink before the Evidence finished or after they are agreed depart and drink before Verdict they shall be Fined and the Verdict is good but if he eat and drink after evidence given and before they agree the Verdict is void And it seems that this matter shall be shewed when the Jury comes in to give their Verdict and shall be examined and not after And it seems that the Jurors may depart asunder by cause of great tempest of a House falling or fire where they are Execution For that that execution is used in many Court-Barons by Levari facias let us see what Goods upon that may be taken in Execution and what not and the order of execution GOods pawned shall not be taken in execution for the Debt of him which pawned them during the time they are pawned 34 H. 8 Pledge 28. and 4 Ed. 6. Distresse 75. Where A. lets Oxen for time and after A. is condemned these Oxen during the tearme shall not be taken in execution 22 Ed. 4. f. 10. Debt in Court-Baron the Plaintiff recovers by Judgment and shall have execution and the Beasts of the Defendant were taken and delivered to him in Execution 33 Ed. 3. Tit. Execution 133. In Debt where three are bonnd joyntly and severally and hath of those three severall Judgments and if Execution be against one the other shall have a supersedeas but in trespasse against three Execution against one doth not suffice and the same Law is in a ioynt Debt 4 Ed. 4. fol. 39. By Fieri facias or Levari facias the Officer cannot break the Doore nor Chest to take Goods in Execution for if he do trespasse lies against him for the breaking only 18 Ed. 4. f. 4. 13 Ed. 4. fol. 9. by Choke notwitstanding 8 Ed. 2. Tit. Executors 152. contrary If one recovers in Court-Baron he shall not have execution by Eierifacias nor otherwise but may distrain the Defendant after Judgement and detaine the distresse in their hands in safegard till the Defendant hath satisfied the Plaintiff of the condemnation 22 Ass 72 Statham 11 Ed. fol. 93. Nat. Bre. fol. 165 and 4 H. 6. fol. 17 action Bailiff in Court Baron cannot sell the Goods in execution but shall restraine them as distresse notwithstanding where it is used to make Levari facias it is a good custome and note that it is used in many Mannors that the goods are praised and execution made of them by Levari facias 22 Book of Ass 72. A Writ of Execution Judicii lieth where Judgement is given in a Court-Baron upon a Writ of right patent or in debt or trespasse and the Bailiff will not make execution this Writ lieth as well as it lieth where Judgement is given in a Court of Record and the Sheriff will not make execution and if he will not levy the execution upon the Goods it was in vaine to award this Writ Fitzh f. 20. A. Capias doth not lye in Court-Baron and for that the Capias to satisfie doth not lye to have execution and Elegit doth not lye there c. for this is given by the Statute of Westm 2. chap. 18. 29 H. 8. Tit. Execution B. 132. Two are bound in an obligation joyntly and severally if he sue one and takes his Body by a Capias to satisfie yet he may take the other but if one satisfie him the other may plead that 37 H. 8. Tit. condition B. 16. One taken by a Capias to satisfie is in execution though that be not returned 13. H. 4. Tit. Avowris 237. One avowes for that that J. S. was seised of a place where c. And let that to the Plaintiff for life rendring Rent and after J.S. grants the reversion to B. who was bound in a recognsance to the Avowant and that the Avowant hath that Rent delivered in execution and good 15 Ed. 3. Tit. Execution 93. Rent was delivered in execution upon a Recognisance time of Ed. 1. Title Audita querela 402. If the Father be bound in a Recognisance and dies and his Issue within age the Execution shall not be against him for if it be he shall have an Assise Time of Ed. 1 Tit. 417. If a man takes a Wife and after be bound and dyes the VVife is indowed if she be outed by extent she shall have Assise 29 H. 8. Tit. Stat. Merchant 40. If one sue Execution upon a Statute and he accept part of the Land in name of all he shall not have extent of the residue but it seems upon a Nihil returned upon the Testatum he may have processe into another County 2 R. 3. f. 8. Statute Staple was certified by the Maior of the Staple and the Conisee upon that sues a VVrit to take the Body and to extend his Land in Suff. and Middlesex only and this VVrit was not returned and by Certiorare he caused the Maior to certifie the Statute again and upon that he hath a VVrit of extent in ten Counties but not in Suff. and Middlesex and this VVrit is not returned and he hath the third Certificate and the third VVrit of Extent into six Counties but not in Suff. and Middle and now hath his Extent and hath Land that the Cognifor hath in right of his VVife which died and for threats durst not take the profits of the residue and by all the Justices the Cognisee shall have a Capias into the County where he took his first Writ and not otherwise that is into the County of Suff. and Middlesex only upon the fourth Certificate and upon that the Conisor found suerties to the King and party according to the Statute 11 H. 6. chap. 10. He shall have a Scire facias against the Conisee to prove the matter in his VVrit and to be at the Judgment in the Court and if he faile of any he shall forfeit his Recognisance 2 R. 3. fol. 9. If the Conisee of a Statute dies his Executors or Administrators if he dye Intestate shall have execution upon it without suing Scire facias or that the Conisor cannot have any Plea although he have a deed of Release but if he have a Release he shall have an Audita querela or a Scire facias and so it is where one
85. the same It is granted by all the justices that the King shall not out the Farmor of his Tenant by reason that the heire of his Tenant is in ward nor he which hath execution upon the Statute nor Rent charge granted by his Tenant nor grant of next Advowson Time of H. 8. Tit. Ward 44. Now if the Tearm be not found in the Office for the King yet the Farmor shall injoy his Tearm 2 Ed. 6. chap. 8. Where there is Lord and Tenant Rastall Escheat 15. and the Tenant grants a Rent charge and dies his Issue within age the Lord being Guardian shall hold this Land charged 3 Book of Ass 1. Seisin Seisin of the Guardians vests Free-hold in the Heire and Chattell in the Guardian and Seisin of the Lord of parcell sufficeth to have ward but not to avow for all and see what Seisin is materiall WHere by Office one is found in ward to the King that settles the profits in the King and the Freehold in the Heire 1 H. 7. fol. 6. and 42 Ed. 3. f. 4. Seisin of the Ward is Seisin of the Son within age so that if he dye without other Seisin the Daughter of the halfe blood shall not have this Land 8 Book of Assises 6. Possession of the Guardian is possession of the Heir for if the Guardian be outed the Heire shall have Assise without other Seisin 2 Ed. 4. f. 5. Though the Free-hold be in him which is in ward yet if he being in Ward cut the Trees of his Land in Ward the Lord may have trespasse against him 5 H. 4. fol. 2. If the Tenant holds by Homage Fealty and Rent and the Lord hath been seised of the Rent but not of the Homage within memory yet this sufficeth to have the ward 6 Ed. 6. Tit. Ward 122. If the Tenant hold by Rent and Knights Service and the Lord and his Ancestors have been alwaies seised of the Rent but not of the Homage Escuage not of the ward yet if the ward fall The Lord shall have the Ward of the Heire by Seisin of the Rent for the Seifin is not traversable notwithstanding otherwise it seems to make avowrie 7 Ed. 6. tit 69. 13 H. 4. Seisin of Homage without Escuage is sufficient to have releife for avowrie 22 Ed. 3. Tit. 90. Tenure B. By the Seisin of Escuage the Lord may distraine and make Avowrie for Homage 27 H. 8. fol. 25. Avowrie for Fealty and Rent and Issue upon the Tenure Seisin of the Rent is not good evidence nor Seisin of Suit of Court for it is another thing that the Avowrie is made for 44 Ed. 3. f. 11. Seisin of Fealty is not iufficient Seisin to have Assise of Rent but sufficient Seisin to make Avowrie for all 45 Ed. 3. fol. 23. the same Seisin of Escuage nor releife shall not be traversed and for that where one avows for Homage Fealty Releife and Escuage it is no Plea that he was not seised of Escuage nor of releife for paradventure Escuage is not assessed by Parliament within memory 13 H. 4. f. 6. Where one holds by Fealty and Rent If the Lord were seised of the Rent it is sufficient to avow for all see 29 Ed. 3. fol. 31. and 27. H. 8. f. 24. But the Issue was upon the Tenure Where one holds by Fealty and Rent Seisin of Fealty is sufficient to avow for all 45 Ed. 3. f. 28. 44 Ed. 3. f. 10. See 27 H. 8. f. 24. Seifin of parcell of Rent is sufficient to have Assise of all 8 Book of Ass 4. But if one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Nat. Bre. fol. 109. If one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Abridg. Book of Ass fol. 16. Seisin of Rent by the Predecessor of a Parson c. Of a corporation if it be gainfaid to the Successor it is sufficient to have an Assise of this Seisin Fitzh fol. 179. C.F. Seisin of Fealty is not sufficient to have Assise of Rent 20 H. 3. Tit. Avowrie 433. Where one holds by Fealty and ten shillings Seisin of parcell of the Rent sufficeth to have Assise for all Inquire time of Ed. 1. Tit. Avowrie 229. One may avow for releif without alleadging any Seisin of it 20 Ed. 3. Title One may have Escheat and Ward before that he be seised of the Services 11 H. 4. f. 16. Where one avows for that that the Plaintiff hath common in his Land and hath used to pay to him ten shillings and hath used to distraine for that it is not good without alleadging Seisin of that Rent 26 H. 8. fol. 6. Homage and Fealty And for that that the third Article of the charge is to inquire of Services withdrawn and for that that some Tenants make Homage and Fealty and some Fealty only you ought to see the form in Master Littleton fol. 18. and 19. Of making of one and of another and what shall be one and what the other and that none shall make Homage nor take Homage but such a one which hath an Estate in Fee simple or in Fee taile in his own right or in right of another and if a Woman having Lands in Fee or in taile takes a Husband and have Issue The Husband in the Life of his Wife shall make Homage but before Issue it shall be made in both their names and if the Wife dye the Husband shall not make Homage HOmage shall not be made to Tenant in Dower for it shall be made to none if he hath not Inheritance 22 Ed. 3. f. 19. 7 H 4. fol. 21. He which holds by Knights Service shall make Homage Litt. fol. 22. He that holds by Socage may hold by Homage and shall make Homage One cannot avow upon a Husband and a Wife as of right of the Wife for Homage unlesse that the Husband hath Issue by the Wife but if he avow upon them it need not be alleadged but it shall be intended that they have Issue see 44 Ed. 3. fol. 41. and 43 Ed. 3. fol. 13. Corporation cannot make Homage for corporation cannot appeare but by Attorney 33 H. 8. Title Fealty 15. Bishop or Abbot may take Homage contrary of Parson of a Church Time of Ed. 1. Tit. Fealty 12. In a Perque servitia an Infant was constrained to attorn and to make Fealty notwithstanding his nonage 20 Ed 3. Tit. 19. Tenant for yeares shall make Fealty to his Lessor Lit. fol. 29. D. 9 H. 6. fol. 43. and 5 H. 7. fol. 11. accordingly where a Rent is reserved By all the Justices that Tenant for yeares shall not make Fealty for it is as I beleeve to be intended not to the Lord but to the Lessor 10 H. 6. f. 13. It seems that a Lessor may avow upon a Lessee for years as within his Fee by the Mannor and for that shall make Fealty to his Lessor and may avow for
not lie against him 21 H. 7. fol. 22. and 11 H. 4. fol. 36. the same by Hank i◠case of the Abbot of Glassenbury Held that the Sheriffe may arrest a verger in the Church or a secular man and shall not be punished by trespasse But by the statute of 1. R. 2. chap. the last see Pulton title Arrests If any arrest any Minister which is doing Divine Service in the Church Churchyard or other place he shall be Imprisoned and punished c. If an Officer distrain or attache the horse of a Master where the plaint is against the servant trespasse lies for the master against the Officer for the Officer ought to take notice at his perill whose goods he distrains or attaches 13 H. 4. fol. 2.14 H. 4.24 11 H. 4.90 Doct. Student 129. Where an Officer arrests another man which is not defendant or attache goods which are not the defendants he is a trespassor if the Plaintiffe shew him the party of goods and saith he is the Defendant or not 11 H. 4. fol. 90. It seems that the Officer shall take notice at his perill whose beasts he repleves 14. H. 4. fol. 24. If the Officer restrain any Prior or other Prelate for debe or trespasse when he is in his journey riding by his horse upon which he rides where he may distrain other goods action upon the case lies against the officer Quare cum c. Fitzh fol. 93. I. Where the Sheriffe hath a Capias he may arrest one without shewing it and so may a Bayliffe erant But the servant of a Sheriffe and of another cannot without shewing the Warrant The same Law is of a Bayliff of the Lord or Beadle which by custome serve Attachements or distresse They having a command may serve it without shewing it But so cannot they do where they have a command to summon Copy-hold Land or a command in nature of Grand cape Petit cape habere facias visum or Habere facias sefinam 14 H. 7. fol. 9. 21 H. 7. fol. 37. 8 Ed. 4. fol. 14. and 10 Ed. 4. fol. 1. If the Sheriffe arrest one by a Capias and after do not return the Writ or return non est inventus false Imprisonment lies against the Sheriffe But in Court Baron no Capias shall be awarded yet if the Officer there serve an Attachment or distresse and do not return his precept at the next Court Trespasse lies against the Officer for the Defendant and an Action of the Case lies against him for the Plaintiffe which sued the Action for not returning of the Precept 10 Ed. 4. fol. 18. 3 H. 7. fol. 3. If the servant of the Sheriffe arrest one by Precept made out of a Capias and return his precept to the Sheriffe and yet the Sheriffe do not return his Capias false Imprisonment lies against the servant But by the 18. of Ed. 4. fol. 9. it appears that it is otherwise where the Baylife of the Liberty arrests one by precept out of a Capias made to him by the Sheriffe and returns his precept and the Sheriffe do not return the Capias there lies false Imprisonment against the Sheriffe and not against the Bayliffe But in Court Baron Bayliffe or Beadle which have a precept of the Steward cannot make precepts out of that to serve 21 H. 7. fol. 22.20 H. 7. fol. 13. One may arrest one in the presence of the Sheriffe which hath a Capias by his Commandment it is his arrest without shewing the precept and Bayliffe or Beadle of a Court Baron may attach or distrain any thing without a precept in the presence of the Steward and by his Commandment 8. Ed. 4. fol. 14. 21. H 7. fol. 22.16 H. 7. fo 14. See there Bayliffe or Beadle of Court Baron distrain or serve Attachment and the Defendant makes rescous and chaseth the thing destrained or attached out of the Mannor and the Officer freshly follow and takes it again and brings it into the Mannor again and may well do it 33. H 6. fol. 52. and 55. and 2 Ed. 4. fol. 6. accordingly If a Sarjeant at mace arrest one and he resists he may beat him and others upon request may aid him 2. Ed. 4. fol. 6. B. and 3. H. 7. fol. 3. By Hank Officer cannot attach J. S. by my goods which he hath to dung his Land or to plough it or which he hath in pawn 11. H. 4. fol. 90. B. 31. H. 8. tit 159. It is said where one hath an Office of charge as to be Steward Bayliffe Parker c. That the grantor may out them and pay their Fee if it be so much certain but not where they have profits of Court c. 34 H. 8. tit 243. the same 28. H. 8. tit 94. Deprivation of an Office which lies in grant ought to be by deed and not by word 5. Ed. 4. fol. 5. Long report the Act of the under Sheriffe or his Deputy in the name of the Sheriffe shall charge the Sheriffe and for their act the Sheriffe himself shall be amerced and no other 39 H. 6. fol. 35. The opinion of the Justices was That escape of a prisoner is not a sufficient cause of forfeiture of the office of the Marshal which hath fee in that and held that the Marshal might grant that to another for life but his assignee cannot make a deputie And the opinion of the Justices that not executing of an office is a sufficient cause of seisure Deputie occupies to the use of the officer and his forfeiture or misdemeanour shall make the Officer to loose his Office but the misdemeanour of the grantee for life not but of his own estate 11 Ed. 4. fol. 1. Duke or Marshal in fee may make a Deputy for his Patent is to be executed by himself or his Deputie The same Law of the Office of Chamberlain of the Exchequer which is also an Office of trust for he keeps the Records of the King so that an Office of trust cannot be granted over If the Patentee hath it not to him and his Assignees he cannot make a Deputy and there agreed that he hath that in his own right and Deputy is not but to occupie in the Right of the Grantee See Perkins fol. 21. E. F. G. 10 Ed. 4. fol 16. 5 Ed. 4. fol. 27. Where an anuity is granted to keep a Park if the Grantee misuse that by which the Deere are killed that is forfeiture of his Office Littleton fol 73. If a man grant by his Deed to another the office of Parkership Steward Bayliffe 〈◊〉 there is annexed to that a condition in Law c. 5 Ed. 4. fol 10. The King grants to Garter the office of the King of Arms at will and 10 li. fee for tearm of his life for that Office If the Grantee be put from the fee the office shall cease for the Cause ceasing the effect shall cease 7 Ed. 4. fol. 23. the same 9 Ed. 4. fol. 5. If the King
grant an Office to one which knows not how to use it It is said that the grant is void and Justices may refuse him 5 Ed. 4. tit 48. the same 9 Ed. 4. fol 6. The King grants Office the Patentee may make title in assise without shewing that it was an Office before But if the grant was with vales and fees it is not good unlesse there be words Constituimus if there were none before 9 Ed. 4. fol 6. If the King grant the Office of one of the Clerks of the Crown to 2. the grant is good but grant to two to be chief Justice is void for it is a Judiciall office 18 Ed. 4. fol 8. The King grants the Office of chief prenotary to two that is void and the Justices may refuse to enroll it for two cannot have the keeping of the Rolls 29 H. 8. Tit. 47. If a man hath a fee of a Lord and after is made a Justice this fee is not void but after he is made Justice he is not to take fee of any but of the King But where a Parson is made a Bishop the Parsonage is void for he cannot be Ordinary to himself nor punish himself 3 H. 7. fol the last The King cannot grant the Reversion of an Office to J. S. by that name but reciting how that such a one shal have and hold such an Office for tearm of his life of Our speciall grace We grant the Office aforesaid to J. S. to have after the death c. See 32 H. 8. Chap. 27. 9 H. 7. tit 44. If the Warden of the Fleet do not bring in his prisoner which is commanded by the Court that is a cause of seising his Office And if a prisoner condemned escape he is to pay the condemnation 11 Ed. 4 fol. 1. by Vavisor Not attendance is a cause of forfeiture of the Office Westm 1. Chap. 26. No Sheriffe nor other Minister of the King shall not take reward to do his office and who doth shall restore double to the Plaintiffe and shall make Fine to the King Westm 1. Chap. 29. No servant accomptant nor other make any disceit or collusion in the Kings Court or consent to make that in deceit of the Court to wrong the Court or party and of that be attaint he shall have Imprisonment for a yeer and a day and be not heard in Court to count for none and if there be another which counts he shall be imprisoned a yeer and a day Fitzh 172. O. No Victualler ought to use to sell victuall or wine by great or retail so long as he is in Office as Mayor c. To keep the assise of bread and wine Fitzh 173. A. Victualers shall not be chosen to office of Judge in Towns and Cities but for default of others and then they shall not sell victuals See of that divers Statutes Processe of Execution JOhn Kitchin Steward to his Bayliffe health Because Rob. B. hath recovered against W.E. 31. s. in a Plea of Debt and 12 d. for charges and costs of which the said W. in the same Court was convicted by the Judgement of the Court. Therefore you shall cause to be levied according to the custome the aforesaid 31 s. in the said Court adjudged and the said 12 d. for charges and you shall have the said money at the next Court to pay to the said Rob for his damages aforesaid and have there this Precept and how c. dated the 24th day of April the yeer of the Reign of the Queen c. 21. Pound overt For that that in the 15th Article of the Charge it is to be enquired if any Distresse put into the Lords Pound be taken out without Authoritie for that let us see some things touching open Pounds SEveral pasture of one is provided for the time though it be not an open Pound for that is adjoyning to the Kings high way which is called an open Pound 5 H. 7. fol 9 If a man distrain his tenant in Fee for life or yeers for Rent he cannot impound in the same Land where he takes the Distresse but for dammage doing he may 21 H. 7. fol 39. By Choke If one take Beasts in the name of Distresse he ought to put them into an open Pound for that that he which is distrained may give to them sustenance otherwise he cannot give them meat But if he distrain dead chattels I may put them where I will but if they spoil in my default I must answer for them 9 Ed. 4. fol 2. B. If Distresse be taken out of the open Pound of the Lords of the Town he which distrains shall have a Parco fracto and not the Lord and the remedie for the Lord is presentment in the Court Baron 21 Ed. 4. fol 19. Fitzh 100. G. Where one distrains doing dammage or for Rent or service and impounds them in the common Pound or in another Pound or place which is a lawfull Pound and an other takes them out he which distrained shall have a Writ called Parco fracto of that taking out of the Pound The same Law is if they were impounded in a Close of his freind by his license and are taken out he which distrained shall have a Parco fracto and his freind Trespasse why by force of arms he broke his Close Fitzh 100. E. If Distresse be put in open Pound and they dye it is the losse of the owner but if they be put in another place it is not so And though sufficient amends be offered yet he cannot take the Distresse out of the Pound but ought to sue a Replegiare And then if it be found that sufficient was tendered he shall recover dammages for the refusall But if the Distresse dye in open Pound though sufficient amends were offered yet it is to the losse of the owner so that he ought to give to them sustenance Doctor Student fol. 113. If Distresse taken doing dammage be put in a Pound the Defendant may justifie that he hath Common in the place where the taking was and made fresh suit and came to the Pound and there he found that unlockt and took his Beasts this is lawfull upon fresh suit and being unlocked So it seems in all cases where the Distresse is taken without reasonable cause upon fresh suit and Pound unlocked the owner may take them out of the Pound 30 Ed 3. fol 171. 3 H. 6. fol 15. Defendant in Replegiare may say that he put the Beasts in open Pound and there they dyed and he shall not wage deliverance 5 H. 7. fol 9. If the Defendant in Replegiare take beasts and drives them away and doth not put them in an open Pound and they die this is not in default of the Plaintiffe But if he put them in an open Pound within the County it is not to be said that they are conveyed away but the Plaintiffe at his perill is bound to take knowledge where they are and to give them meat 39. H. 8.
have it Perkins 165. A man hath twenty yeares terme in right of his VVife and lets for ten yeares rendring rent and dyes his VVife shall have the Rent and the residue of the terme Fitzh 119 O. If a man takes a VVife which was indebted to other persons the Husband and the VVife shall be â—ued for this debt living the VVife but if the VVife dye the Husband shall not be charged unlesse it were recoverd during the Coverture Fitzh 121. If a man lets Land to a VVoman for life rendring Rent and shee takes a Husband and after the Rent is behind and the VVife dyes the Husband shall be charged for that that he took the profit otherwise it is of an Obligation made by his VVife before marriage the Husband shall not be charged unlesse recovery were of that during the marriage Fitzh 121. D. A woman hath Rent for Dower and takes a Husband and the Rent is behind and the VVife after dyes the Husband shall have Debt for this Rent But if a man be bound to a woman and she takes a Husband and the day of payment comes during the marriage and after the VVife dyes the Husband shall not have debt upon this Obligation for that that it was a duty to the VVife and a thing in action before the marriage Essoyne AFter that any hath put himselfe into any Inquest who hath appeared or might have appeared in these VVrits shall have but one Essoyne or one default c. West 2. chap. 27. Marlcbridge chap. 13. Marlb chap. 19. Of Essoynes it is provided that in Counry Hundred or in Court-Baron or other Courts none shall have need to sweare to warrant his Essoyne Westm 1. chap. 42. For that that Demandants which bring actions against many Coparceners and Joynt-Tenants they often avoid by Essoyne It is provided that those Tenants shall not have Essoyne but for one day no more then one sole-Tenant should have so that now he cannot avoid but only have an Essoyne see Marleb chap. 9. Westm 1. chap. 43. If one be essoyned as beyond the Seas where he is in England day of the Summons it is provided that this Essoyne be not allowed if the Demandant will averr that he was in England the day that the Summons was made and three weekes after But let it be adjourned And if the Tenant be attaint which was in England day of the Summons and three weeks after the Essoyne shall turne to him for a default Westm 1. chap. 41. In a Writ of Assise of Attaints and Juris utrum provided it is for travaile of Jurors that if the Tenant once appeare in the Court never after no Tenant can essoyne him Glocester 1. chap. 18. Provided that in other Pleas then Trespass or Attachments and Distresse lying if the Defendant make himself to be essoyned of the Kings Service and doth not bring his Warrant at the day which is given unto him by his Essoyne he shall render to the Plaintif Dammages of the torne of twenty shillings or of more according to the discretion of the Justices and be in the Kings mercy Westm 2. chap. 12. There lies not for one that brings an appeale of the death of a man an Essoyne West 2. chap. 17. In the Circuit of the Justices there is no Essoine admitted of being sick in bed of a Tenement unlesse he which makes himself to be Essoyned truly be sick for if it be excepted against by the Demandant that the Tenant is not sick nor in that state that he cannot come before the Justices they will receive a reproach and if this be disproved by an Inquest let that Essoyne be turned to a default neither lies that Essoyne in a Writ of right between two claimings by the same discent West 2. ch 27. After that any hath put himself upon any Inquest at the next day let there be an Essoyne allowed to him but at other dayes following by Essoyn let there be no deferring of taking the Inquisition whether he first had an Essoyne or not neither let any Essoyne be admitted after the day given by the request of the parties in case that the parties consent to come without an Essoyne Westm 2. chap. 28. When by the Statute of Westm 1. chap. 41. It is appointed that after the Tenants have once appeared in the Court there shall be no Essoyns allowed them in VVrits of Assise in the same manner from hence let it be observed of Petitioners The Statute of Essoynes questioned 12 Ed. 2. That Essoynes do not lie in these following Cases that is There lies no Essoyn Because the Land is taken into the Kings hand Because he is restrained by Land Because there is granted to him from hence Judgement if the Jurors come Because he was seen in the Court. Because at another time he essoyned himself as being not able to come He shall not be essoyned as being beyond Sea Because such a one essoyned him such a Day Because it was commanded the Sheriff that he should make the party to come 41 Ed. 3 f. 29. Because a VVoman is not in the Kings Service but because a Nurse Midwife or sent for by a VVrit to inspect the Belly Because she seems to be deceived in her Dower and deferring of Right Because such a Complaint hath not found Sureties to prosecute Because the Attorney was essoyned Because he hath an Attorney in his Complaint Because he is essoyned witnessed c. that he is not in the Kings Service Because the Summons is not testified or part of the Return not attached Because at another time he was essoyned of the Kings Service and now did not send his VVarrant Because re-summons was in the last Presentment or Death of his Ancestor 30. Book of Assises 51. Because such a one is not named in the VVrit Because it was commanded the Sheriff that he should distrain him to come by his Land and Chattels Because it was commanded the Bishop that he should make him come Because the time was past But it is to be known that an Essoyn of the Kings Service is allowed after the great Cape and the small Cape 1 H. 6. f. 4. Trespasse Issue was if the Land were the Freehold of the Plaintiff or of the Lessor of the Defendant and after Issue the Defendant prayed aid of his Le or and at the Summons returned the Prayee was essoyned and at the Day which he had by the Essoyn he joyned and at the Venire facias returned the Prayee cast Essoyn and it lies for that that the Statute is Porâ—quam c. 44 Ed. 3. fol. 38. Precipe the Tenant tenders his Law and this is at Issue for that after he shall have but one Essoyn 37 H. 6. f. 2. The Plaintiff was essoyned at the Day of the Law 9 H. 5. f. 5 the same 48 Ed. 3. fol. 21. One is essoyned after Issue in London and at the Day in Bench upon a forreign matter is there essoyned again for it is the
came with him to the Assise staid with him pray'd the Sheriff to make an indifferent pannell which is the same maintenance and it is a good Plea 11 H. 6. f. 39. Generall Attorney which sues and is not skilled in the Law may well meddle but he cannot proffer Money to a Jury but may pray them to appeare 34 H. 6. fol. 27. By Choke Maintenance he cannot justifie for that that he was an Attorney retained with him and that by commandement of his Master he retained Councell and gave to them forty pence of his Masters Money and good Inquire if an Attorney cannot retaine Councell without the commandement of his Clyent and if he may not disburse of his proper Moneys for the time But Attorney cannot give of his proper Money nor of his Masters money to Jurors 36 H. 6. fol. 29.11 H. 6. fol. 13. the same Maintenance the Defendant saith that he was an Attorney in the action Judgment if action and good But he cannot give any thing to the Jury but as an Attorney and give Evidence to the Jury for his Clyent he may 13 H. 4. f. 19. If a man maintaine a quarrell by his Attorney action of maintenance lies against the Master 22 H. 6. f. 24. And by Newton If a man of great power in the Countrey will say in the presence of the people that he will spend twenty pound for one party or will give twenty pound to labour for the party though he give nothing is maintenance see before 9 H. 7. fol. 18. Maintenance against a Servant of one by Fortescue if he meance Jurors to out them of their Tenures if they do not paâ—e with his Master this is special Maintenance in the Servant 19 H. 6. f. 30. A man skilled in Law may do his endeavour for his Client and it is no maintenance if the Plaintiff cannot alleadge other special matter forbidden by the Law 8 H. 4. f. 6. B. Embraceor is he which comes to the Barr with the party and speaks in the matter or is there to overlook the Jury or to put them in feare but men skilled in Law may speak in the Cause for their Money but they cannot labour the Jury and if they take money to do that they are Embraceors Fitzh f. 71. A. Tenures and Services It is expedient to know the Services and Tenures which your Tenants shall do and first of the Tenure in cheif and other Tenures of the King and then of other Lords FIrst Tenure in cheif is called where one holds of the King meerly as of his Crown which is a Signiory ingrosse for that it is held of him which is alwayes King and not of the King as of his Mannour of D. c. Fuzh. 3. D. If any Land be held of the King as of the Honour Castle or Mannour such Lands are not held of the King in cheif and this is proved by the Writ of Right which shall be directed in such a Case to the Bailiffs of the Honour Castle or Mannour Also the Statute of Magna Charta chap. 31. is if any hold of any Escheat as of his Honour of Wallingford Nottingham Bullo gne Lancaâ—â—er and of other Escheats which are in Our hand and are of Baronies and dies his Heir shall not give other releif nor make to us other Service then the Barons should make if that Barony were in the hands of the Baron and we in the same manner will hold it as the Baron held it 1 Ed. 6. chap. 4. also is that where a King hath or after shall have any Dukedomes Baronies Castles Mannours Land Tenements Fees or Signiories by Attainder Conviction Outlary or by Dissolution of Monasteries which Lands held of them by Knights Service Socage or otherwise shall not be construed to hold in chief nor as Tenure in cheif See in Br. Tit. Tenures 100. Littleton fol. 31. Tenure of the King in Burgage is where an ancient Town is of which the King is Lord and those which have Tenements within the Borough hold of the King their Tenements that every Tenant by his Tenure ought to pay to the King a certain Rent by the year and such Tenure is but Tenure in Socage Fitzh 6. D. Lands and Tenements within Cities and Townes are held of the King in Burgage Tenure and it behoveth that a Writ of Right Patent of them shall be directed to Mayors Sheriffs and Bailiffs as Bailiffs and Officers of the King as if Lands were held of the King as of any Honour Castle or Mannour by which it appears Tenure in Burgage is Socage Tenure and not Socage in cheif Fitzh fol. 1. J. the same Stamford 13. If one hold of the King in Burgage the King shall not have first Seisin but otherwise it is where he holds of the King by Knights Service in cheif or by Socage in cheif for the Statute of the Kings Prerogative chap. 3. is the King shall have the first Seisin after the Death of them which of him held in cheif of all Lands and Tenements of which they were seised in their Demesn as of Fee whatsoever age their Heirs were of and that is taken as well of Socage in cheif as otherwise in cheif 7 H. 6. fol. 3. The King shall have first Seisin where his Tenant dies seised in his Demesne as of Reversion 47 Ed. 3. fol. 21. If the King purchase Lands which is held of others by this all the Services are extinguished and if he infcoff others to hold of him he shall hold of his Crown in cheif by Finchden and also when an Honour is seised into the Kings hands and a Mannour is held of that Honour which escheats unto him as of common Escheat if he alien to hold of him he shall hold as he held before of the Honour and by the same Services but if he come in as by Forfeiture by Warr or Escheat which is because of his own person and he seise and infeoff others they shall hold in cheif if the King do not expresse other Tenure 33 H. 6 fol 7. By Prisot if the King seise Land by Forfeiture of Treason and grant that over to hold of the cheif Lord by the Service due c. that in this case he shall hold of the cheif Lord as it hath been adjudged 44 Ed. 3. f. 45. The King gives Lands to one to hold to him and his Heirs by the Services due c. and by all the Justices that is Tenure by Knights Service 11 H. 4. fol. 71. It was recorded in the Exchequer that such a one holdeth so much Land of our Lord the King by Serjeanty to finde one Man for the Warr wheresoever within the four Seas and by Hank it is great Serieanty to be made by the Body of a Man 13 H. 7. fol. 16. If one hold of the Dutchy of Cornwall it is in cheif for it was ancient Lands of the Crown Fitzh 165. A. To hold Land to pay certain Rent to the Keeper of the Castle of
against Executor which pleads that J. S. recovered against them an hundred pounds and had Execution and they have nothing come to their hands besides that the Plaintiff saith the Testator did owe nothing to J. S. and so the Recovery false and feigned 21 Ed. 4. f. 71 Dower the Tenant saith that the Husband was not seised that she could have Dower c. The Plaintif saith that T. the Father of her Husband died seised and that descended to her Husband which died before Entry and so he died seised and in Formedon of Lands recovered in value he ought to conclude and so gave 19 H. 8. fol. 6 Right of Ward and counts that the Ancestor of the Infant died in his Homage the Defendant saith that he held of him in Socage without that that he died in his Homage the Plaintiff saith that J. S. and D. were seised to the use of the Ancestor of the Infant and so the Ancestor died in his Homage 12 H. 7. f. 7 Where the matter before the So is sufficient Barr there the So shall not be entered as in Trespasse or Assise the Tenant justifies and so not guilty 32 H. 6. fol. 16 Where the matter before the So is matter of Barr and sufficient there the matter after the So is not traversable and contrary if not sufficient 5 Ed. 4. fol. 5 Debt upon an Obligation for Bail and is named Sheriff the Defendant ought to plead that and conclude and so not his Deed but not generally it is not his Deed. 19 H. 8. fol. 7 Juris utrum the Tenant saith that his Father was seised and died seised and the aforesaid Plaintiff abated and he recovered and so his Lay Fee and not the frank Gift of the Plaintiff 38 H. 8. fol. 26 Debt upon an Obligation Defendant pleads divers matters and concludes and so not his Deed and this Conclusion hath made this single 3 H. 6. f. 3 Of his own Wrong Where of his own Wrong is good and where not REplegeare the Defendant avowes as Bailiff for that a Prior held of his Mannour by Fealty and Rent the Plaintiff saith of his own wrong without such cause it is no Plea for here he ought to answer the substance which is material that is to say the Lordship 2 H. 5. f. 1 Where one iustifies by a Lease made to him by the Plaintiff of his own wrong is no Plea otherwise it is where heiustifies a Servant of a Lessee 10 H. 4. f. 3. If the Defendant justifie by licence or commandement of the Plaintiff the Plaintiff shall not say of his own wrong without such cause not if parcell be of Record for these ought to be answered specially 12 Ed. 4. fol. 10 Trespasse of Imprisonment the Defendant justifies for that he is Constable and was assaulted by him and broke the Peace the Plaintiff may here say of his own wrong without such cause for that that no Record was alleadged 5 H. 7. f. 6 Trespasse of Battery the Defendant saith of his own Assault the Plaintiff saith of his own wrong without such cause and this is good 5 H. 7. f. 1 Trespasse where one justifies as Servant by command that he arrested the Plaintif or that he came at the request of the Sergeant c. of his own wrong without such cause is no Plea 2 Ed. 4. f. 6 See 9 Ed. 4. f. 31 If the Defendant plead licence or a Lease of the Plaintiff of his own wrong is no plea 20 Ed. 4. f. 4 21 E. 4. f. 76 10 H. 6. f. 3 f 9 the same Where a Sheriff justifies to make Execution of his own wrong is no plea otherwise it is where he justifies as Bailiff by command of the Sheriff 19 H. 6. Trespasse of Battery Defendant saith that the plaintiff beat one W. to death and the Constable came to arrest him and he stood at defiance by which the Defendant came in aid and the hurt which he had was of his own Assault the plaintiff saith of his own wrong without any such cause and good 38 E. 3. f. 9 Trespasse of Grasse out the Defendant justifies as Parson of the Parish and that he took them as Tithes separated from the ninth part the Plaintiff saith of his own wrong without such cause and it seems it is no Plea and then the Plaintiff replied as above without that that they were severed from the ninth part and good 16 E. 4. fol. 4 9 E. 4. f. 27 Trespasse the Defendant justifies the Imprisonment for that that the Plaintiff assaulted J. N. to have robbed him for which he put him in the Stocks of his own wrong c. is good 41 E. 3. f. 29 Trespasse the Defendant justifies for that Attachment was awarded out of the Court Baron to the Bailiff to attach a Horse upon a Plaint entered there by him and that he came in aid of the Bailiff the Plaintiff saith of his own wrong without such cause and this is good 38 E. 3. f. 3 Replegeare of Beasts taken the defendant justifies for Execution of a Recovery in Court Baron of twenty shillings the Plaintiff saith of his own wrong without such cause and held that he shall not have this general Averment against a speciall matter by which he said that the Beasts were not delivered in Execution 14 H. 8. f. 18 False Imprisonment the Defendant iustifies the Arrest of the Plaintiff by a Warrant of a Justice of the Peace where the truth was that when he was arrested he had no Warrant but after had a Warrant directed to him the Plaintiff may say of his own wrong without that that he hath any such Warrant and gives the matter in Evidence 2 E. 4. f. 9 False Imprisonment the Defendant iustifies that he took the Plaintiff wandring in the night for suspition c. The Plaintiff may say of his own wrong without such cause but he cannot say of his own wrong without that that he was wandring for he cannot traverse the speciall matter but where it is a matter of Record or of writing and not where it is a matter in deed 13 R. 2. Tit. 28. Rescous the Defendant iustifies to make Replevin by Warrant of the Sheriff the Plaintiff saith of his own wrong without such cause and it is not allowed against this special matter but of his own wrong without that that he had a Warrant of the Sheriff at the time of the delivering of the Distresse c. 33 H 6. f. 47 Trespasse of Goods taken in the County of Darby the Defendant saith that the Plaintiff fold them to J. S. in the County of Middlesex and he by his commandement took them the Plaintif saith of his own wrong without that that J. S. commanded him in manner and form and is good 22 Book of Ass 57 The Defendant iustifies as under the Escheaâ—or for that Tenant of the King aliened without licence and shews a Commission and the Plaintiff saith of his own wrong without such cause and is
but he ought to shew certainly who was of his Councell and say certainly what advise was given 6 H. 7.3 11 H. 7.23 accordingly Condition to pay all the arâ—erages of all the Lands which he holds of the Plaintiff in D. it is no Plea that he hath payd all generally but he ought to shew specially to what sum for that that it is in the affirmative 20 H. 6. fol. 33. Condition to pay a Lesser sum at the Feast of P. If the Defendant plead that he hath paid it he ought to plead what day he paid it 46 Ed. 3.29 47 Ed. f. 13. Condition that if the Defendant carry all the Thorns out of the Land let to him by the Plaintif the Defendant may plead generally that he hath carryed all for that that it lies in notice of the Plaintif and the Plaintif saith that so many were which were not carried But if the condition were to infeoff the Plaintif of all the Land of which the Father of the Defendant died seised or to give to him all the Money in his purse there he ought to plead how much that was for that that it is in the affirmative and it lieth more in the knowledge of the Defendant then in the Plaintif 12 H. 8. fol. 7. Debt by the Sherif upon an obligation the Defendant saith it was indorced upon condition and saith he hath performed all the condition and it is a good Plea And the Plaintiff that he hath not accounted and that is no Plea but that such a thing came to his hands for which he hath not accounted that the Issue may be upon certainty 2 R. 3. f. 17. If the condition be to perform all the Covenants in an Indenture the Defendant cannot plead that he hath performed all generally but he ought to plead how specially he hath performed every Covenant 26 H. 8.6.11 Ed. 4.12 13. H. 7.18 and 6 Ed. 4. fol. 1. But at this day it is used in the same case in debt upon an Obligation endorced to perform the Covenants in Indentures that the Defendant recits the Indenture and in the end he pleads that he hath generally performed all the Covenants And then the Plaintiff ought to shew breach in one and upon that Issue is taken If condition be to stand to the award and abitrement of certain Persons it is no Plea for the Defendant to say that he had no notice of any Award but if it were so that it be delivered to the parties in writing the Defendant may plead that no Award was delivered to him in writing 1. H. 7. f. 5. If condition be that if the Defendant shall stand to the Arbitrement of J.S. the Defendant may plead that he hath not made any Award and the Plaintiff shall say that he hath made one and shew what it is 2 R. 3. f. 13. Pleading by Name REversion is devised by the name of all Lands and Tenements in D. and good 34 H. 6. f. 6. Lease is made of his Lands in Bodehill and by ancient evidences parcel of that is in D. he may plead his lease and give in evidence that all was let by the name of Bodehill 20 Ed. 4. f. 9. Where Margery and her Husband levied a Fine by the name of Margaret and the Tenant may plead that Margaret by the name of Margery acknowledged the Land by Fine And also it is that Agnes by the name of Ann levied a fine Fitzh f. 97. A One cannot give Land by the name of the Oshee of the Forrest 10 H. 7. f. 17. That J.S. by the name of J.D. in grant is good and by the name Hastings Hasting 9 Ed. 4. fol. 43. Obligation was J. Boson and an Acquirtance J. of Bozon with a z and this was pleaded to be made by name 14 H. 4. fol. 30. Presidents For that that Presidents are to be followed something shall be said touching them SAunders cheife Baron saith the best Interpreter of the Law is Custome and for that that the Presidents and the Accounts of the Exchequer prove that from time to time custome and usage hath been that the Kings of this Realme have had the profits of such Mines of base mettal containing Gold and Silver without disjunction that the value of the Gold and Silver shall be greater or less and upon the Presidents it was adjudged for the King against the Earle of Northumberland in the information of Mines of Copper mixt with Gold or Silver Plowden fol. 336. It is said in Assise for that that it is hath shewed to us where it should be hath complained to us because of the forme and president it shall abate and so it is where it is he hath disseised him of foure Acres where it should be by the Presidents of his Free-hold it shall abate 11 H. 6. f. 25. Venire sacias The Sheriff returns that he hath made to come 12. and yet to return 12. is not good for the Presidents are twenty foure and so ought he to return twenty foure 2 H. 7. f. 8. 27 H. 8. fol. 16. One challenged the Array and doth not verefie his challenge and he need not for Presidents are so and the Justices would not change the Presidents 7 H. 6. fol. 30. In the Kings Bench you shall not have a Habeas Corpora juratorum but a Venâ—re facis and distringas 39 H. 6. fol. 32. Mâ—sne and counts that he held of the Mesne and that he ought to acquit him and doth not count that the Defendant held over yet for that that there were Presidents of that shewed It was held good 6 H. 7. fol. 15. Assise 1. The Tenant pleaâ—s no wrong by Bailiff and yet continuance was not between Plaintiff and Bailiff but between Plaintif and Tenant and so were presidents and for that said to be good 11 H. 7. f. 11. Where the Tenant pleads by Bailiff in Ass he may after plead in proper person matters in writing or of Certificate for Presidents are so 16 H. 7. f. 8. Cui in vita The VVrit was which he claimes to hold to him and the Heires of his Body without shewing of whose gift And the opinion of the Court that it is good but when the Register was shewed to be contrary the Court changed their opinion 33 H. 6. fol. 22. Precipe at the great Cape returned the Tenant saith that he was not summoned ready by the Country but say that he shall be tried by wager of Law for so are ancient Presidents which shall not be changed without speciall matter as against Maior and Commonalty which cannot wage their Law Forcible Entry of 8 H. 6. and counts of Entry with force and keeping with force where the Statute is in the disjunctive but for that that there are Presidents in this Manner it was allowed 3 Ed. 4. f. 21. Debt against Executor for that that the Writ was Debet detinet where the President is Detinet only it shall abate the same Law where it is Precipe quod
Steward and that in a Leet was presented that the Plaintif is a Felon and that he shewed his Rolls to the Justices at the Session which commanded him to shew that to the Jurors which inquired for the King which he did and saith that that is the same for by Englefield when the Defendant pleads a Conspiracy which is iustifiable he ought to shew that it is the same Conspiracy 27 H. 8. fol. 2. Annuity is brought of six and twenty shillings and eight pence the Defendant saith that he held of the Plaintif by six and twenty and eight pence of Rent which is the same Rent and is not good for it cannot be the same 33 H. 6. f. 38. Debt upon Obligation the Defendant saith it was made by threats the Plaintif saith that he let the Land to the Defendant rendering Rent and saith if he would not seal the Obligation to him for the Rent behinde he would sue him at the Common Law which is the same threatning and it is no good Plea for this is lawfull and not a threatning 16 Ed. 4. f. 7. Br. Tit. Duresse 23. Maintenance the Defendant saith that he carried the Money of him which the Plaintif supposed he maintained to his Counsel which is the same Maintenance and this is no plea for this is no Maintenance 34 H. 〈◊〉 fol. 19. Replication Where a faulty Barr is made good by Replication and where not TRespasse the Defendant pleads an Agreement to pay Money and to make Windows and said that he paid the Moneys and nothing of the Windows and the Plaintiff replied and said no such Agreement and yet the Plaintiff in Barr pleaded an Agreement and that not executed is not made good by the Replication for the Barr is not good to no intent and the Replication cannot make that good 6 H. 7. f. 10. But count where a Barr may be made good by a Plea of the other party where the Count or the Barr is uncertain as where the Plaintiff counts of an Obligation in Debt and doth not count where it was made and the Defendant pleads Release and acknowledge it and the Conisee where the place should be in is now outed and need not to have that the same Law in Trespasse where a man pleads Arbitrement and doth not shew the place where the Submission was that is not good but if the Plaintiff reply and saith that he discharged the Arbitrators before the Award now it is good for that which was ill is now confessed 10 H. 7. f. 24. 20 H. 7. f. 12. By Hussey if one plead Joint-tenancy day of the Writ purchased it is not good for that he might be sole Tenant after if the Demandant saith sole Tenant and doth not demurr it is made good by Replication 5 H. 7. f. 14. The same Law if in Debt against Executors they plead nothing in their hands day of the Writ purchased and do not say nor ever after the plea is not good but if the Plaintiff reply and say that they have Assets and that is found he shall have Judgement 3 H. 7. fol. 8. accordingly False Imprisonment the tenth day of May the Defendant saith that the Plaintiff made an affault in the Court before the Steward and for his disturbance of the Peace in the Court he was committed to ward the Plaintiff saith of his own wrong without such cause and now though the Defendant hath not shewed what day the Court was yet by the replication it is made good for now the day is not materiall 21 H. 7. f. 32. If double Plea be pleaded and the Plaintiff replies and rakes Issue of one matter and that is found he cannot after plead in arrest of Judgment for by the Replication it is made good 18 Ed. 4. fol. 17. Debt upon in Obligation the Defendant pleads a defeasance which is that if the Defendant deliver to the Plaintif in London certaine Clothes of Kersey of as good Stuff and of as good making as before these times have been made in the Town of D. in the County of Darby that then the Obligation should be void and saith that he hath delivered to the Plaintif in London the Clothes of as good c. According to the condition and this Plea is not good for that that it cannot be tried for those of London cannot try if they were as good c. But the Plaintif replied and said that the Plaintif did not deliver to us any manner of Cloth in London ready c. and now by the Replication it is good 22 Ed. 4. fol. 2. Debt the Plaintif counts upon a Lease for terme of yeares and doth not shew where it was made and the Defendant traverses the Lease and the Plaintif replies and joynes Issue and after acknowledges the action and after pleads in arrest of Judgment for that the Plaintiff hath not declared in what place the Lease was made and yet he had Judgment for when the Defendant hath in Barr gainsaid the Lease he hath admitted the count good 18 Ed. 4. fol. 17. And in Debt if I Plead the Release of the Plaintif and do not shew where it was made and the Plaintif replies and pleads not his Deed the Plea of the Defendant is made good by his Replication Br. title Repleader 38. Annuity for Counsell given and to be given and counts that he hath given to him Councell in doing his businesses and though he do not shew in what businesses it is good for if the Defendant saith that he doth not give to him Councell against the Plaintif in his replication he may shew in what things he gave Councell and so the replication hath made all good and the Count was good generally 39 H. 6. fol. 33. By Vanisor Replication may make an ill Barr good as I plead in Barr grant of Reversion and omit attornement if the Plaintif reply and confess and avoid the grant by speciall matter then is the Barr good 11 H. 7.24 By Read in Debt against one as Executor which pleads nothing in their hands day of the Writ purchased which is no Plea for that that he may have assets afterwards But if the Plaintif reply that he hath assets and that found by Verdict is good 6 H. 7. fol. 6. The same Law if the Tenant in Precipe plead non-Tenure day of the Writ and the Plaintif replies that he was Tenant And now though by the statute of 32 H. 8. chap. 30. It was enacted that if any Issue be tryed by the Oath of 12. in any of the Kings Courts of Record that Judgment shal he given any mispleading not having colour insufficient pleading or Jeofaile not worrant of Attorney put in any mis-construction or discontinuance misjoyning of Issue or other default or negligence of parties their Councellours or Attorneys had or made to the contrary notwithstanding and that the Judgement shall be in force and shall not be reversed by Writ of Errour And yet at this day one may plead in arrest
Goods and Chattels aforesaid then with me remaining unsold for want of Buyers but I will set them to sale from day to day and when they happen to be sold the money thereof coming before the Barons within written I will bring according to the form and effect of this Writ Those Goods to the value of twenty Marks within written Otherwise which by vertue of the Writ of our Lady the Queen lately now to me directed I have taken of the Goods and Chattels Lands and Tenements which were lately T. F. within named and have set them to sale and sold them and the Money thereof I have ready to bring to the Barons within named at the day and place therein contained as therein I am commanded A. B. and C. D. within nominated Are dead were dead long before the sending out this Writ neither have they any Goods or Chattels Lands or Tenements within my Bailiwick which I can extend and value as by this Writ I am commanded The within named A. B. and C. D. are dead For the shortnesse of time Scire feci and to the rest of the Execution nothing is done by me for the shortnesse of the time By vertue c. Scire feci J.C. within named that he be before the Barons within written at the day and place within contained by J. C. and R. S. good and lawfull men of my Bailiwick as within I am commanded There are no Executors of E. within written Against Executors nor Administrators of the Goods and Chattels which were his nor Heirs nor Tenants of Lands and Tenements which were his in my Bailiwick to whom by any means I can give the Scire facias I.D. and the rest of the Defendants within named Otherwise have nothing in my Bailiwick by which I can them Scire facere By vertue Non omittas c. I have taken of the Lands and Tenements of W.R. to the value of forty shillings which I have ready for the Barons within written at the day and place therein contained as within I am commanded and further I certifie the Barons vvithin vvritten that the aforesaid VV. hath no other or more Lands nor Tenements Goods nor Chattels in my Bailiwick whereof the residue of the Debt within written I can levy by Execution as the said VVrit in it commandeth and requireth Here follow certain Cases of the Common Law upon the Returnes aforesaid and others BEcause Justices to whose Duty it belongeth West 2. cap. 35. to administer Justice to every one before them complaining are oftentimes hindered so that they cannot in due manner execute their Office by this that Sheriffs do not return their Original and judicial Writs and likewise return false Answers The Lord the King provideth False Return that those which fear the malice of the Sheriff should deliver their Writs in the full County Court or in the other County Court where there is a gathering of the Kings Money and let there be a Billet taken of the Sheriff present or of the under-Sheriff in which Billet there shall be contained the names of the Plaintiff and Defendant and adjoyned to the Billet sealed by the Sheriff or under-Sheriff in witnesse thereof and let there be mention of the Delivery of this Writ And it gives remedy Tarde if the Sheriff will not seal the Billet by this Statute remedy is given if the Sheriff return Tarde Mandavi Balivo where he hath sufficient time to serve the Writ and where he returnes I have commanded the Bailiff of the Liberty where it is no Liberty and this Statute gives you shall not omit for any Liberty and gives Averment against the Returne of the Sheriff Averment if he return to little Issues and gives that he should deliver Corn in the Grange and all Moveables besides Equituram Indumenta utensilia domus contained under the name of Issues and the Statute gives Posse Comitatus See the Statute of 1 Ed. 3. chap. 6. The Sheriff by the common Law is the Preserver of the Peace Authority of the Sheriff and hath the Custody of the County for the time that he is Sheriff and may cause the party to finde Surety if any require that and every Obligation which he takes to keep the Peace shall be taken a Recognizance in Law and specially when this is certified by Certioâ—are in the Chancery But Pleas before him in the County or Hundred are not of Record for these are by reason of course and this taking for Peace is by reason of his Office Fitzh 81. D. If the Sheriff return upon a Distringas Juratores Appearance no manner of Issues and a full Jury appears and pleads this is no Error for the King hath no losse and the Issues are for the King which he shall not have if the full Jury appear 5 H. 7. f. 8. Also if the Sheriff return Scire feci upon Fine or Judgement and no mention is made of the Summoners and Viewers and the party appear and pleads it is no Error and if upon the Grand Cape there be not returned the Summoners and Viewers yet if the party appear and pleads it is no Error 3 H. 7. f. 14. this Return was amended and the Plaintiff recovers See 8 H. 5. f. 2. B. Scire facias is returned Scire feci by J.S. and J.D. and though the Return be not by good and lawfull men as it ought if the party appear it is a good Return and may be amended 33 H. 6. f. 35. 44 Ed. 3. f. 16. 8 H. 6. f. 27. If the Sheriff attach a Cow Attachment the property is not out of the party till the Day of Return that he make Default and if at the Day of the Return he make Default the Sheriff may take that as forfeited to the King though he have left that before with the party 9 H. 7. B. Table Dormant and such things which are fixed to the Free-hold cannot be attached 21 H. 7. f. 26. Annuity the Sheriff returns I have nothing in my Bailiwick by which he can be attached where it should be by which he can be summoned and though it were in the time of another Sheriff Amendment it was amended for the Cout may amend a mistake of the Clerks and also of the Return of the Sheriff 33 H. 6. f. 47. Upon a Distringas Juratores the Sheriff in his Return leaves out four Names which were in the Venire facias and the Sheriff was examined and saith that they were distrained and for that the Returne was amended 37 H. 6. f. 12. 22 H. 6. f. 45. Appeal upon Distringas Juratores where there were Knights and Esquires which were in the Writ there was returned but eight pence upon every Juror and the Sheriff had been amerced unlesse he be there present and amend that and sets upon every Juror two shillings 2 R. 3. fol. 13. Attaint at the Distringas Juratores the
the party shall not have them again without fresh Suite and sue an Appeal and now upon an Indictment give that in Evidence BY fresh Suite the first Owner shall re-have his Goods which were stolne and waived if he make fresh Sute and bring an Appeal 21 Ed. 4. Tit. 16. Trespass the Lord justifies for that they were stolne and waived the Plaintiff may say that they were not stolne or they were not waived 12 Ed. 3. fol. 5. Goods waived the Owner may seise them twenty years after if the Lord of the Franchise nor the King seise before but if they are seised yet if he bring an Appeal and make a fresh Suite he shall have them again 21 Edw. 4. Tit. 16. Detinue the Defendant as Lord justifies that he took those as waife and good 10 H. 6. fol. 22. If one have a Waife and it be taken out of his Mannor he shall have Trespass without seising and though he do not seise them Fitzh fol. 91. Waifes and strays not claimed within the year and day are the Lords Britton fol. 26. Where Goods are waived and the Lord seises them the property is changed that the Owner shall not have them without suing an Appeal notwithstanding by the 21 of H. 8. chap. 11. Rastal Restitution 2. If he give Evidence to the Jury upon the Indictment he shall have Restitution Brook Estray 8 If a man be robbed and make fresh Suite he shall be restored notwithstanding that he which hath waived hath seised them before 7 H. 4.44 If he make fresh Suite after the Felony he shall have his Goods again notwithstanding that they were waived and seised and there ought to be an Appeal sued and so to have them when they are seised Stamford fol. 186. A. Authority of the Steward Then let us see the Authority of the Steward and also of the Court Leet THe Steward may make his Precept by word to the Bailiff to distrain and it is good 16 H. 7 fol. 14. If a man refuse to be sworn of the Jury he shall be fined and the Steward of the Lord may commit him to Prison till he hath paid his Fine or amerce or distrain him for that 31 H. 6. Leet 11 Quere of committing a Tenant to Prison for in Magna Charta chap. 29 is no man shall be taken c. The Steward may cause a stranger which cometh within the precinct of the Leet to be sworn to inquire in the Leet where he hath not sufficient residence and the Lord may sell the Distress taken in that for that it is the Kings Court 3 H. 7. fol. 4. 11 H. 7.14 the same and 21 H. 7. fol. 40. The Steward is Judge in the Court Leet and in Court Baron the Suitors unless all the Suitors be Copy-holders and then I intend they are no Judges but the Steward for that they have but a base Estate and the Free-hold is in the Lord 12 H. 7. fol. 17.6 Ed. 4.3 Note that where a false Judgement is sued the Suitors are called Judges to certifie c. but yet the Steward ought to be skilled in the Law and of matters in Law it seemeth he shall give Judgement and not Suitors for Actions and matters in Law and yet it is before the Suitors and though ignorant persons in Law rule in Court Barons and Liberties that ought to be by them skilled in Law and when there is a Liberty and Court granted to a Mayor that is held by their Recorder or Steward which is intended to be skilled in the Law otherwise it seemeth a cause to re-seise it so that an ignorant person cannot meddle in matters touching the Law The Steward may send a Prisoner taken for Felony to the Gaol 13 H. 4. fol. 12. The St. is Judg of Rec. may assess a Fine for contempt made in a Leet and the Lord shall have Debt for that 7 H. 6. fol. 13. 10 H. 6. fol. 7. Leets are appointed for the Common-wealth Leet as for preservation of the Peace and for that they are Courts of Record Fitzh fol. 82. in the beginning It is said that a Leet is a Court of Record 21 H. 7. fol. 33. Tenants in a Leet may make by-laws 11 H. 7. fol. 14. 21 H. 7. fol. 40. The Seneschall of the Leet may compell the Suitors to swear but otherwise it is in a Hundred 39 Ed. 3. 44 Ed. 3.15 Leet 6. Where one hath a Leet he hath but the Amercements and the day is to the King and for that the Steward represent the person of the King 41 Ed. 3. fol. 27. Suite at the Leet is called Suite reall for that that that is the Kings Court 45 Ed. 3. fol. 23. If the Steward of the Leet command the Bailiff to impannell a Jury to inquire for the King upon pain of forty pounds and he refuse to do it he may put upon him the pain of forty pounds and at the second time fifty pounds or more and note that upon all pains the Lord may have an Action of Debt 7 H. 6. fol. 13. 23 H. 8. Tit. 34. Debt lieth for pain for not amending an Annoyance and for Usage Distress If the Jury will not present the Defaults in a Leet of which they are informed the Steward may assesse a Fine upon them 10 Ed. 4. fol. 4. If any Suitor present in Court refuse to be of the Jury or if any make another such Contempt or any Contempt or disobedience in Court Leet the Steward may set a Fine upon him without affirming by Affirors but when one is amerced that shall be affirmed by Affirors 10 H. 6. fol. 7. When the Steward sets a Fine upon a Suitor in Court Leet or other person for his mis-demeanour this is called a Fine and not an Amercement and is not traversable 7 H. 6. fol. 13. Judge of Record For that the Steward is a Judge of Record in Leet it is expedient to see what a Judge of Record and one by him may do and what not IT seeemth that a Justice of Peace ought not to make a Precept to arrest one for Felony but if he doe for that he is a Judge of record the Bailiff that serves that is excused for he cannot argue his authority no more may the Sheriff argue the authority of the Justices 14 H. 8. fol. 18. 9 Ed. 4. fol. 3. A Justice of Peace may arrest a man for suerty of the Peace by his discretion and though he suffer him without a suerty the party shall not punish him for that he is a Judge of Record 9 H. 6. fol. 60. Action of the case doth not lye against a Justice of Record supposing he hath made a fall Record or that he hath caused false Entry to be made contrary against an Office as against an Escheator for returning a false Office or against a Sheriff for they are Officers of Record and not Judges 12 H. 4. fol. 3. If a Judge of Record award one to Prison without cause he