or ought to be charged by the Law by reason of the office of the Sheriffwick of the said County from time to time and do content and pay to the said Sheriffe his Executors or Assignes all such summe and summes of money as the said Sheriffe his Heires Executors or Assignes ought to pay to his Highnesse the Lord Protector or to any other person or persons or be due to the said Sheriffe by reason of the said Office of Goalership That then c. Or Thus. THe Condition c. That if the above bounden A. B. Gaoler to the said Sheriffe of the County of Yorke do from time to time receive and take into his ward and custody within the Gaole at the Castle of Yorke in the County of Yorke aforesaid all such person and persons prisoner and prisoners which shall be committed or sent to the said Gaole or committed to the ward and custody of the said Gaoler by the said Sheriffe or his Deputy or by any Justice or Justices of Peace or by any other having lawfull authority to commit persons or prisoners to the said Gaole and the said persons and prisoners so committed as aforesaid doe well and truly duely and sufficiently by his owne proper person or by his sufficient Deputy or Deputies so keepe that the said Sheriffe his Heires and Executors and all the Lands Tenements Goods and Chattels of the said Sheriffe be saved harmlesse from all losses penalties amerciaments and damages whatsoever as well against his Highnesse the Lord Protector c. As also against all other person and persons of for and concerning the custody and keeeping of the said Gaole and Prisoners within the said Castle of Yorke or else-where in the said County of Yorke and likewise doe discharge save and keepe harmlesse the said Sheriffe his Heires and Executors and all those his Lands Tenements Goods and Chattels from time to time and at all times hereafter of and from all and every escape and Escapes as well of convict persons Reprieves and Felons and of all other persons now committed for any contempts condemnations trespasses or misdemeanours which may happen or chance hereafter to be committed to the said Gaole for any the causes aforesaid during the time the said C. D. shall be Sheriffe of the County of York and likewise that the said A. B. or any other by his consent privity or appointment in any wise let to baile or mainprize any prisoner or prisoners to him committed as aforesaid not baylable by the Lawes of the Nation without the speciall commandement or appointment of the said Sheriffe And if the said A. B. or his sufficient Deputy be ready to give his attendance upon the said Sheriffe and his Deputy at all times necessary and convenient and all and every lawfull thing and things that he shall be required to do by the said Sheriffe or his Deputy touching or concerning the c. affaires and businesse wherewith the said Sheriffe is or shall be charged or employed in or about the keeping of the said Gaole or Prison that then c. Articles betwixt the High Sheriff and a Bayliffe of a Wapentake or Hundred ARticles of Agreement indented and made the tenth day of March in the yeare c. Between A. B. of R. in the County of Y. Esquire High Sheriffe of the said County of the one part and C. D. of A. in the said County Gentleman of the other part Whereas the said A. B. by his deputation under the seale of his Office hath constituted and appointed the said C. D. to be his Bayliff within the Wapentake of Ewcrosse to execute and enjoy the same Office onely during the pleasure of the said A. B. Now it is covenanted and agreed between the said parties and the said C. D. for himselfe his Executors Administrators and Assignes for the consideration aforesaid doth covenant and grant unto and with the said A. B. his Heires Executors and Admnistrators in manner following First That the said C. D. shall and will during such time as he shall execute the said Office well and sufficiently performe and doe whatsoever to the sayd office belongeth as well within the said Wapentake as without And shall with speed and secrecy serve and execute or cause to be served and executed all and every precept and warrant to him directed by the said high Sheriffe or Under-sheriffe And shall make a true returne thereof to the said Under-sheriff or his Deputy by the space of four dayes before the respective returnes thereof And shall likewise from time to time save and keep harmlesse the said high Sheriff his Heires Executors and Administrators Lands Tenements Goods and Chattels of and from all Escapes Amerciaments Fines and sums of money or other charges and incumberances whatsoever which shall or may be imposed or happen upon the said high Sheriff for or concerning the executing or returning of them or any of them 2 Item That he the said C. D. his Executors or Assignes shall well and truly pay or cause to be paid to the said Under-sheriffe or his Assignes at his Office in the City of Y. or lese-where the Blanck-farme due to his Highnesse within the Wapentake within 6 days next after the Annunciation of our blessed Virgin Mary and Saint Michael the Arch-Angel by equall portions and shall likewise at his owne proper costs and charges faithfully and truly levy collect and gather all and every sum and summes of money of what nature soever within the said Wapentake as are and shall from time to time grow due and payable to his Highness or which are and shall be within the charge of the said Sheriffe and estreated and given in charge to the collection of the said C. D. or his Assignes and shall within three weeks next after any Estreat warrant to him directed for the levying and collecting thereof pay or cause the same to be payd unto the said Sheriffe or his Deputy at Y. or else-where or make his personall appearance there to give a just account for what cause he hath not collected nor levied the same 3. Item That the said C. D. shal diligently enquire of the Goods and Chattels of all Felons and Fugitives and of all persons outlawed and condemned and of goods and chattels waived estrayed and escheated within the same Wapentake And the same shall lawfully inventory and seise into his Highnesse's hands as Bayliff of the said Wapentake and shall likewise truly account for and deliver or cause to be delived unto the hands of the said Sheriff or his Deputy the goods so seised and inventoried within one moneth next after such seisure and inventory made 4. Item That the said C. D. shall from time to time give lawfull summons and warning to all such persons Jurors and Free-holders as shall from time to time by warrant from the said High Sheriffe or Under-sheriffe be appointed to appeare before his Highnesse his Justices of Assize or Gaole-delivery Justices
Justices Wray and Anderson and after many arguments concerning the validity of that Grant and conference had with all the other Justices It was resolved by all the Justices Nullo contradicente aut reluctante that the sayd Letters Patents were voyd and their reasons were That the Office of Sheriff was an ancient Office before the Conquest and of great trust and authority for the King committeth unto him Custodium Comitatus And although the King may determine the Office ad beneplacitum yet he cannot determine this in part as for one Town or Hundred nor abridge him in any incidents to his Office for the Office is entire and ought to continue so without any fraction or diminution unlesse by Parliament and the County Court and the entring of all Proceedings therein are incident to the Sheriffs Office c. And though it was granted when the Office of Sheriff was void yet the new Sheriff shall avoid it as Scroges case in the time of Vacation in the Office of Chief Justice of the Common Bench Queen Mary granted the Office of the Exigenter of London resolved that the next chief Justice shall avoid it for it was incident to his Office Also in all Writs directed to the Sheriff concerning the County Court the King sayes in comitatu tuo and in return of Exigents made by him he sayes ad comitatum meum tent c. and the stile of the Court proves it and by the Statute of 33 H. 8. the Sheriff of Denbigh shall keep his Shire Court at c. In a false Judgment it is said in pleno com tuo recordari facias c. and in a Precept of Tolt it is said summoneas c. quod sit ad comitatum meum and it should be very inconvenient that another should have the custody of the Enteries and Rolls of Court which may be imbezzelled and the Sheriff responsible for them And it was resolved that the custody of all the Goales within every County appertains to the Sheriff by right and are annexed and incident by Law to the Sheriffs Office vide an 14 E. 3. cap. 10. But note that his late Highnesse in the year 1653. granted the Office of Clark-ship for the County of York to one Master R. H. though dissonant to common Law yet consentaneous to a gladiatorie power like those in Livie in armis jus ferre omnia fortium virorum esse that all Lawes are engraven on the hilt of a victorious Sword to whose Mandamus both Statute and common Law must submit He cannot execute the Office of a County Clark and practice as an Attorny both at one time it being prohibited by the Statute of 1 H. 5. 4. being a cause of encreasing Suits and a hinderance in dispatch of Clyents causes He cannot act any thing without the assent of the Suitors if he do an Action of Trespasse lyeth against the Sheriff He must be carefull in deputing honest able and sufficient men as Bayliffs for the executing of the Precepts issuing out of the Court. He ought to enter no Plaints except in case of Replevins out of Court but in full County sedente curia yet the case is otherwise at this day and as it seems good enough verifying the Diverbe communis error facit jus He must make sufficient Precepts after the Plaints entred but not before against the Defendants directed to his Bayliffs to attach or warn the Defendants to appear at the next County Court and answer the Plaintiff The County Clark and Plaintiff upon complaint of the party grieved may be examined by one Justice of Peace concerning the taking or entring of Plaints in the County Court and book against the Statute If thereby the Justice find any fault or offence committed that shall stand for a sufficient conviction and attainder without any further inquirie or examination And the said Justice must certifie the examination within a quarter of a year into the Exchequer by the Statute of 11 H. 7. cap. 15. If a Writ of discharge of the ancient Sheriff be delivered to the County Clark sitting in the County Court the authority of the said Sheriff although absent shall presently cease At the adjourning of every Court he must appoint a day certain for the next Court to the intent the Country may know at what time they may resort thither to hear the Lord Protectors Writs of Exigent and Proclamations read The Office of a Coroner in this Court A Coroner is one of the principall Officers of this Court being chosen in it by a Writ de Coronatore elegendo directed to the Sheriff by the Freeholders or Suitors in open and full Court and is published there and after the Sheriff is to returne and certifie into the Chancery the election of every such Coroner and their names likewise the County Clark in Court must administer to the Coroner his oath for the due execution of his Office The Coroner being thus elected and sworn he is to sit there with the Sheriff every County Court to give Judgment upon Outlawries which Judgment shall be given and pronounced by him in the fifth County and there the Sheriff is to returne the Outlawry with the Exigent But by this Judgment no goods are forfeited before the Outlawry appear upon Record neither shall such an Outlawry disable the party Exigents and Proclamations are to be proclaimed five County dayes one after another and once in the open Sessions and once at the Parish Church doore where he doth or did lately dwell that he appear or else that he shall be outlawed And if Proclamation be made five County dayes and at the fifth County day the Defendant appear not then the Coroner shall give Judgment that he shall be out of the Protection of the Lord Protector and out of the ayd of the Law F. N. B. 163. But before I conclude let me give you in brief why a man is said to be outlawed and a woman waived viz. A man is said to be outlawed because he was sworn to the Law and now for his contumacy he is put from the Law and said outlawed as it were extra legem positus but a woman is not so but she is waived and not outlawed because she was never sworn to the Law Of Attorneys in this Court IT was once objected to me that no Attorney could legally practice in this Court and that every man ought to prosecute his own cause himself Epitomie of the Statute of Westminster 2. cap. 10. That every man which oweth Suit to the County Court may make a generall Attorny to prosecute and follow his Suits in all Pleas And likewise in the Statute of Merton cap. 10. Quod quilibet liber homo qui sectam debet ad Com. c. libere possit facere Atturn suum ad sectas illas pro eo faciendas and an Attorny may doe every thing in the name and as the act of him who gave him the authority as if he did it himself he
Peace and may set them in the Stocks untill such time as they do finde them See 5 H. 7. 6. He may take of the County where he is Sheriffe any number that he shall think convenient 300 if necessity require it to pursue apprehend arrest and imprison Traytors Murtherers Robbers Popish Recusants and all Felons To suppresse rebellions insurrections or riotous Assemblies or such as do break or go about to break or disturb his Highnesse peace and every man required as well Dukes Earls Barons as all other his Highnesse Subjects within the same County ought to ayd and assist him and such as do refuse may be fined to the Protector and may attach all persons making such default to appear and answer before the Justices of Assize He may arrest all persons by him suspected or of evill repute that shall walke by night or day committing them to the Gaole to remain there untill they shall be delivered by the Justices of Assize 5 E. 3. cap. 14. Cromp. 203. He may arrest all such persons as go or ride offensively armed and may commit them to prison there to remain during his Highnesse pleasure unlesse they be delivered by the Justices before whom they shall be convict he may take their armour to his Highnesse use and prize it by the oaths of those that are present If a party after he is arrested make resistance or shall make an assault upon the Officer as the Sheriffs Bayliff c. the Bayliff may justifie the beating of such resister and such as disturb him in the execution of his precept and may imprison them in the stocks 2 E. 4. fo 6. 21 H. 7. 39. See Br. Trespasse 18. and 296. And if the party arrested and resisting be slain it is justifiable Fitz. Coron 261. Doctor and Student 133. 6. Cromp 24 a. 30 b. Sed quaere By the 11 H. 4. 7 H. 4. fo 4. Br. Offic. fo 4. 9. 34. 37. and 42. the Sheriffe in a Writ to enquire of waste and a Writ of Redisseisin he is both Judge and an Officer of Record and cannot delegate his judiciall power to any Bayliff of Franchise but must enter the Liberty and execute it himselfe otherwise it is error And if upon the Writ of Redisseisin the Sheriffe by Inquisition finde the Disseisee to be disseised again he may presently take such Disseisor and commit him to prison there to remain during his Highness pleasure See Co. 6. fo 12. And in the Writ to enquire of wast and in the writ of Redisseisin whereby he is made Judg of the cause he must execute the same in proper person and not by his Under-sheriffe or other Deputy whatever See more of his absolute authority in the Sheriffes Turne and also in the County Court and what things are inquirable there and by him to be punished Let us now descend to his Ministeriall power or authority which is dissected into two parts viz. as he is Custos vitae justitiae custos vitae legis 2 Custos vitae justitiae For no suit is commenced nor processe executed but by him And first to demonstrate his initiation into this Ministerial part of his office viz. The new Sheriffe being elected and sworn at or before the County next succeeding his election he is to deliver a Writ of discharge to the old Sheriffe who thereupon is to set over all his prisoners that are then in the Gaol severally by their names together with all his VVrits precisely by view and Indenture made betwixt the two Sheriffs wherein must be comprehended and exptesly specified all the Actions which the preceding Sheriffe hath against every Prisoner And till delivery of the Prisoners to the new Sheriffe they remaine still in the custody of the old as you may see in that learned argument more at large in Westbies Case Co. 3. 72. Neither is the new Sheriffe obliged to receive the prisoners but at the Gaol onely And upon the return and delivery of the Writs contained in the Indenture if they were executed by the old Sheriffe The new Sheriffe must indorse them in this manner I send you this Writ as it is indorsed delivered to me by A. B. Esquire late Sheriffe my next Predecessor in his going forth from his Office E. F. Esq Sheriff Yet the old Sheriffe by the Statute of 12 E. 4. c. 1. and 17 E. 4. 6. till the Writ of Discharge be delivered to him he may execute his office If the old Sheriffe hath in his custody divers persons in execution and dyeth afterward a new Sheriffe is elected it behoves the new Sheriffe to take notice at his Perill of all the Executions which are against any person that he findes in the Gaol and this is necessitatis gratiâ for necessities sake for there is none to make delivery of them or to give him notice who are in execution and who not And it is no detriment to the Sheriffe if he keep them safe untill he hath perfect knowledge of all the Executions for if he may with impunity suffer such as are in execution to escape great inconvenience would thereupon ensue Co. E. 3. 73. b. 1. Westbies case He is to preserve the Rights of his Highnesse with in his County and to enquire what Lands are concealed from him or with-holden and to seise to his use the profit of such lands as come to him by Attainder or Escheat and likewise the goods of any Felon Fugitive Out-law Aegyptian goods received and goods confiscate and wreck of the Sea He ought to certifie to his Highnesse or some of the Councell or the Committee specially constituted for that purpose if he know of the with-holding or concealment of any of the late Kings or Delinquents lands within his County He ought to be vigilant that the suits of his Highnesse be done in his Highnesses Court viz. 1 Suit reall or royall 2 Suit service 1 And to declare what suit Royall is it is a suit due to the Sheriffs Turne or Leet which is so termed because of their allegiance 2 Suit-service is due also to the Sheriffes Turne or Leet by reason of the Tenure of a mans Land He shall levy his Highnesse Debts by Distresse either in the high way or common street 52 H. 3. Cap 15. Fitz. 173. And if he can finde no goods elsewhere he may distraine in the Church Brook Distresse 35. And may sell such Distresse after fifteen dayes See Brook Distresse 32. 40. 72. and Stat. 51 H. 3. He is accountable to his Highnesse for all manner of Issues and Profits of the County And by his Office upon processe out of the Exchequer he is to gather up and to bring into the Exchequer such Issues and profits c. And likewise such Issues lost and returned in respect of non-appearance of the Defendants or of Jurors shall be forseited to his Highnesse
to reason that their Offices and jurisdictions being several and distinct the one should intermeddle within the jurisdiction of the other But it was resolved that the Justices of the Kings Bench Justices of Oyer and Terminer Goal-delivery and Justices of peace may enquire of hear and determine all murthers and felonies within the verge because their authority and jurisdiction are general through the whole County and alwayes hath beene so used and so was it adjudged without any scruple in Holcrofts case What person ought to be Coroner and how qualified OF ancient time this Office was of such estimation that none could have it but a Knight if we looke backe to the Statute of Westm 1. cap. 10. and the current of the Writ in the Register fol. 177. b. is nisi sit miles c. and such a one qui melius sciat possit officio illi intendere for this was the pollicy of prudent antiquity that Officers did ever give a grace to the place and not the place onely to grace the Officer Therefore it was holden a principall cause to remove and discharge a Coroner if he were not a Knight and had not a hundred shillings rent of Freehold Yet in F N B. de Coronatore eligendo it is not allowed a valid and sufficient cause to remove him though he be not a Knight at this day alledging That those words were inserted into the Statute to the intent that a Coroner should have sufficient within the County to be responsible for all that he doth or ought to do by his said Office Mr. Wilkinson in his office of a Coroner also saith that this Statute requireth such a Coroner as can will and may attend to execute the said office And therefore saith he if such a Coroner be elected as cannot will not or may not attend the execution of the said office he is to be removed and discharged by Writ from the same Office and the cause of his not attendance debility or insufficiency must be rehearsed in the writ and if he be discharged of his office by a false suggestion he may by a petition in Chancery pray a Commission to enquire of this false suggestion and if it be found and returned into the Chancery then his Highnesse may grant a Supersedeas to the Sheriffe of the County that he remove not the said Coroner from his office and if he be removed before the Supersedeas come then that he permit the Coroner removed to execute his office as he did before his removall He must have two properties viz. sufficient knowledge ability and diligence in executing his office Sir Edward Cooke in his second part of his Institutes Westm 1. cap. 10. saith he should have five properties viz. 1. He should be Probus homo 2. Legalis homo 3. Of sufficient understanding and knowledge 4. Of good ability and power to execute his office according to his knowledge 5. Diligent in execution of his office And the Common Law doth not only require expert men to be Coroners but men of sufficient ability and livelihood for three purposes viz. 1. The Law presumes that they will do their duty and not offend the Law for fear of punishment whereunto their Lands and goods be subject 2. That they might execute their office without bribery 3. That they be able to answer to the Protector all such fines and duties as appertaine to him and to discharge the Countrey thereof wherewith the County being their Electors were chargeable For the Coroners being elected by the Countrey if they be insufficient and not able to answer such fines and other duties in respect of their office as they ought the County as their superior shall answer the same As for example the County of Kent made election by force of the Kings writ of William Herlizon to be one of the Coroners for the same County who after was amerced for a false return forty shillings Whereupon processe went out to the Sheriffe to levy it the Sheriff upon his oath said that the said William Herlizon non habet terras vel tenementa bona seu catalla in ballivo suo nec habuit unde dict denarii levari possint Now saith the Record Et quia ipse Coronator electus fuit per Comitatum c. ita quod in defectu ejusdem Coronatoris totus Comitatus ut elector superior c. tenetur regi respondere praeceptum fuit nunc vicecomiti quod de terris tenementis hominum totius Comitatus in balivo suo fieri fac praedict 40 s. And the like law was of the Sheriffe and other the said Officers when they were elegible They remain Conservators of the peace within the County where they are Coroners notwithstanding the Protectors death for being elected by the Freeholders of the County by Writ and returned of Record in the Chancery wich is a judicial act remaineth and so of the Verderor It is otherwise of Judges and Justices that hold their place by Writ Commission Letters patents or otherwise at will whose authority is determined by the death of the King or Protector for by the Commission c. he maketh them Justiciarios suos so that he being once dead they are no more his Justices And it might be a reason wherefore the Sheriff of ancient time was eligible for that he had eustodiam Comitatus and principall Conservator of the Peace and therefore his authority should not cease by the death of the King or Protector no more then that of the Coroner Of the number of Coroners in each County THe number of Coroners are not set downe by the Law In some Counties there are sour in some Counties six in some sewer and in some but one 23 Ass P. 7. 14 H. 4. 34. 39 H 6. 40. F N B. 163. Inst 2. Westm 1. cap. 10. but in twelve Shires in Wales and in Cheshire there are but two Vide Lamb. Iust 16. b. Stamf. 48. Of the power and Jurisdiction of Coroners THe Coroners power is duplicace viz. 1. Judiciall 2. Ministeriall 1. The Judiciall authority both of a generall and speciall Coroner is in case where a man comes to a violent death by selony or mischance and to take the acknowledgement of selony to take the enquest of selonies happening within his Liberty to give abjurations pronounce Judgment upon out-lawries appeals of death by bill c. solely to take an Indictment super visum corporis and to take and enter an appeal but he can proceed no further upon the Indictment or appeal but to deliver them over to the Justices and to enquire of Treasure trove and wreck of the Sea c. But if you will enquire more amply what anciently appertained unto him read Bracton lib. 3. tract 4. cap. 5. de officio Coronatorum circa homicidium cap. 26. de officio Coronatoris in Thesauris inventis cap. 6. de officio Coronatorum in raptu Virginum cap. 8.
its Originall or Prototype Quia origo rerum attendendaâ— And first of the Shire Shire is a Saxon word scyra and hath its etymology from shiran id est partiri to divide as Mr. Lambert saith in his explication of Saxon words Verb. Centur. And Mr. Cambden in his Britania reporteth that Alfred a Saxon King of England was the first that divided this Common wealth into Shires those Shires into Ridings and those Ridings into Weapentakes or Hundreds c. Likewise as Sir Henry Spelman in his Glossarie saith Sunt qui Comitatum distinct ones sub Berengariis Othonibus vel sub Carolo magno apud exteros accidisse opinautur quod de plurimis forte verum fuerit nounullae autem antiquius deprehenduntur Rem apud nos perspicuam facit Ingulphus si sane fides Rex Alfridus alias Aluredus Aethelfridus qui regnum iniit Anne 871 totius inquit Angliae pagos provincias in Comitatus primus omnium commutavit Comitatus in centurias hundredas in decennas id est tithingas divisit Which strenous authorities are sufficiently valid to prove the originall of Shires and their divisions The Republick being thus disunited or dissected into Shires every Shire is intirely governed by one Officer called a Sheriffe or Shire-reeve Vicecomes compounded of these two Saxon words scyr viz. Satrapia a Shire and reue viz. Praefectus a Governour of the Shire Mr. Cambden thus describes his Office Singulis vero annis nobilis aliquis ex incolis proficitur quem Vicecomitem quasi vicarium comitis nostra lingua Sheriff viz. Comitatus praepositum vocamus qui etiam comitatus vel provinciae Quaestor recte dici potest But in Seldeni Jani fol. 53. 54. you have two Governours of the Shire assigned where he saith Praefectus provinciarum qui antea vice-domini ad Ingulphum reversus est Aluredum in duo officia divisit 1. in Judices quos nunc justiciarios vocamus in Vicecomites qui ad huc idem nomen retinent Facessat ergo Polidoras urbinas qui primos a Normanno petit Vicecomites which we now call Vicount a Vice-comite which cometh from our Conquerors the Normans as Sheriffe from our Ancestors the Saxons Also Sir Henry Spelman in his Glossarie saith Quinem autem tunc essent magistratus quos Ingulphus hic vocat Justiciarios Vicecomites non plà ne assequor Reor Aldermanni provinciarum Grevii Saxonice Ealdormen gerefas De Grevii saith he tamen munere nec habeo definitum discrepare enim videtur a Vicecomite quod hic tum adhuc comitis esset vicarius ille regis officialis unde in Anglo-Saxonum legibus atque ipsius Aluredi Cyninger gereþan id est Grevius regis vel ut Latine saeâ—ius reditur Praepositus regis appellatus est And that he is Governour of the County the words of his Patent import as much viz. Commissimus tibi custodiam comitatus So that he is an Officer of great antiquity trust and authority having formerly from the King as now from his Highnesse the Lord Protector the custody tuition and command of the whole County Co. l. 4. 33. Mittons case The aforesayd Alfred at the division of the Kingdome into Shires or Counties instituted this Court called the County Court and established Jurisdiction in it granting power and authority to the Sheriffe to heare and determine such matters as by just cause of appellation either for Law or Equity should be brought unto him This Court as it is recorded by Mr. Selden in his Treatise of Tythes was joyntly exercised by the Bishop of the Diocesse and by the Sheriffe or Alderman of the sciregemot or Hundred or County Court where the one sate to give Godes fight the other for puruldre right that is the one to judge according to the Lawes of the Kingdome the other to direct according to Divinity And Sir Henry Spelman in his Glossary saith Comitatum simul regebant pariterque in foro considentes judicia publica exercebant hic secundum jus humanum ille vero divinum LL. Canuti MS. ca. 44. Habeatur ter in anno Burgesmotus i. Civitatis conventus Schiresmotus i. pagi vel comitatus conventus bis nisi Saepius opus sit intersit Episcopus Aldermannus doceat ibi Dei rectum seculi uterque scil Pro suo munere Idem Ladgari LL. ca. 5. sed pro Aldermannus illic comes extat ut supra demonstravimus utrumque recte Nam in comitatu simus considisse reor Comittem relpub partes tueretur Episcopum qui Ecclesiae Aldermannum qui Legem diceret exponeret But at the Norman Conquest this kinde of holding Ecclesiasticall Pleas in the Hundred of County Court was taken away as may appeare by this Mandate of William the Conqueror recorded in Seld. Jani lib. 2. fol. 76. Willielmus Dei gratia Rex Anglorum Comitibus Vicecomitibus omnibus Francigenis Anglis qui in Episcopatu Remigii terras habent salutem Sciatis vos omnes caeteri mei fideles qui in Anglia manent quod Episcopales leges quae non bene nec secundum sanctorum Canonum praecepta usque ad mea tempora in regno Anglorum fuerunt communi consilio Archiep. meorum caeterorum Episcoporum Abatum omnium principum Regni mei emendandas judicavi Propterea mando regia authoritate praecipio ut nullus Episcopus vel Archidiaconus de legibus Episcopalibus amplius in hundredo placita teneat nec causam quae ad regimen animarum pertinet ad judicium secularium hominum adducant sed quicunque secundum Episcopales leges de quacunque causa vel culpa interpellatus fuerit ad locum quem ad hoc Episcopus elegerit nominaverit veniat ibique de causa sua respondeat non secundum hundredum sed secundum Canones Episcopales leges rectum Deo Episcopo suo faciat All actions whatsoever were brought in this Court before the Sheriff as it is reported by Mr. Lambert in his Archeion in that particle of the Lawes of Edgar to our matter in hand Viz. Let no man seeke to the King in matter of variance unlesse he cannot finde right at home But if it be too heavy for him then let him seeke to the King to have it lightned The very like whereof in effect is to be seene in the Lawes of Canutus the Dane sometimes King of this Realme out of which Lawes may be collected foure things First That every man had meanes and was authorized to sue and commence their Actions in this Court in their owne Shire or County Secondly That no man ought to sue out of the County or to remove or draw his plea from thence without good cause both which things do plainely appear in the letter of this Law Thirdly That the King himself had a high Court of Justice wherein it seemeth that he sate in person as these words do demonstrate Let him not seek to
is aliorum negotiorum gestor for qui per alium facit per seipsum facere videtar likewise these Statutes following do institute Attorneys in the County Court viz. 6 E. 1. cap. 8. 20 H. 3. cap. 10. c. F. N. B. 156. I could instance many more but I hope these are sufficient to stop the black mouth of a scurrilous Antagonist In their practice they ought to be honest and just according to their office and oath not exciting men to Suits especially such as are forrain and illegall nor for little offences and small debts nor voluntarily argenti gratia delay their Clyents nor demand any sums of mony for the prosecution of the Action otherwise then is allowed by the Court. Of Bayliffs A Bayliff is a Servant or Minister of the Law and by consequence a Servant to the party at whose Suit he is to distraine the goods of any one Therefore he ought to be true faithfull and vigilant in levying of Distresses he ought not to be exoculated with common rurall bribes as too many of them are His office is thus described by Fleta Balivus esse debet in verbo verax in opere diligens fidelis ac pro diserto appruatore cognitus plegiatus clericus qui de communioribus legibus pro tanto officio sufficienter se cognoscat Et qui sit ita justus quod ob vindictam seu cupiditatem non querat versus aliquos c. He is to be contented with his wages and fees allowed him which are certain and known and as I have described particularly being usually paid if he take more then he ought or commit any error in the Execution of his Office contrary to the tenure of his Precept then is he to forfeit forty shillings and to be convicted thereof by the examinations of the Justices of Peace or any of them 14 E. 3. cap. 9. And the Sheriff ought not by his oath to have any Bayliff but such as he will answer for and such as be true and sufficient men in the County and make each Bayliff take an oath for the true execution of his office but such things are now not taken notice of And by the Statute of 27 Eliz. cap. no Bayliff or other person ought to take a Distresse nor to execute any Processe untill he be sworn but now common experience and practice at this day bears testimony to the contrary Alfred once King of England hanged Judge Arnold for saving a Bayliff from death who had robbed the people by Distresse and for extorting of Fees If the like Law were executed upon some of our grand Malefactors it would make the Remainder more honest What Actions may be brought in this Court HAving precipitated my self thus far before I enter upon the Proceedings of the Court I will demonstrate the grounds and cause of Proceedings and that is Actions which is the form of a Suit given by Law to recover a mans right or actio nihil aliud est quam jus prosequendi in judicio quod sibi debetur Therefore what Actions will hold in this Court take as followes All Actions of debt either upon an account made by the parties for wages after a hire sums of mony owing or due from one man to another whether by writings or otherwise it is grounded sometimes by writing as an Obligation Bill Covenant or other especialty sometimes without writing as an Arbitrament Rent mony lent Parol Contracts or the like All Actions of Detinue Trover and Conversion deceit upon a Warranty a Delivery Nusance Case for scandalous words case upon Assumpsits and other Actions of the case as for a Dog killing Cattell abusing a Distresse spoyling my Goods c. Actions of Trespass Assault and Battery c. All these Actions would afford very much matter to treat of at large but least this Treatise should swell beyond its limits I will refer you to the reading Fitzherberts Natura brevium which doth learnedly treat of the nature of all Actions that lye in any Court of Judicature Within what time Actions must be brought ALL Actions of debt grounded upon any lending or contract as Book-debt without especialty and for Rents in arrear all Actions of Trespasse quare clausum fregit Actions of Trespasse Trover Detinue and Replevin for taking away Goods and Chattels Actions of account all Actions of the case except Actions for Slander which shall be sued must be commenced and brought within six years after the cause of such Action or Suit accrued if the Plaintiff be then of full age discovert compos mentis at Liberty out of Prison and in England otherwise within such time after he becomes so and not after All Actions of Trespasse for Assault Menace Battery wounding and imprisonment within four years after the cause of Action and not after All Actions of the case for scandalous words within two years next after the words spoken and not after Who may bring Actions and who not IDiots mad men or such as have lucida intervalla such as are deaf and dumbe or any other man woman or child except persons disabled by Law being wronged may bring the proper Action appointed for remedy in that case and all or any of these wronging others may be sued And if an Idiot sue or be sued he must doe it in person An Infant must sue by Prochein amy and being sued must defend by Guardian A Feme covert cannot sue but with her Husband An outlawed person is disabled to sue any Action against any man in any Court of Law or Equity yet as Executor he may sue because it is not in his own right but in trust for another but any man may sue him by Coo. Sup. Litt. 128. A man that is attainted in a Praemunire may not sue in any Action Idem 129. And a man that is a convict recusant is disabled so long as he so continues No Barretor can maintain any Action in this Court nor have Judgment unlesse it be required by all the Suitors West 1. cap. 3. But note all these disabilities remain during the continuation of the same impediment Of Pledges in this Court PLedges are absolute except it be for Forrainers or such as live out of the County or out of the Jurisdiction of the Court or such as are unmarried that have no goods distrainable and it is if these be Plaintiffs but if the Defendant should non-suit the Plaintiff and have Judgment against the Plaintiff and his Pledges I never yet saw the forme of the Judiciall Precept that ever issued out to levy the costs upon the Pledges goods Of the Proceedings in the Court BEcause I would not have the Country and young Practisers ignorant of the Proceedings in the Court which is the life of practice I thought it necessary to make an Abridgment of the terms of Law now used in the Proceedings And first of Appearance because it is the first thing done after goods attached The first thing the
of the Peace or before any other person or persons having any lawfull authority to summon the same persons and that he himselfe shall personally attend at the same Assize and Gaole-delivery Sessions of the Peace and at the County Court to make his just returnes and doe all the services belonging to the Bayliffe of a Wapentake if he be in health or able to performe the same or otherwise by his sufficient Deputy to be allowed under the High Sherifs seale of Office 5. Item That he the said C. D. shall before the twelfth day of January next coming deliver or cause to be delivered unto the hands of the said High Sherif or Under-sherif one paper booke fairely written containing the names sir-names and additions together with the dwelling places of all such Free-holders as are now dwelling and resident within the said Wapentake of Ewcross and shall likewise save and keepe harmlesse the said Sherif his lands and tenements goods and chattels of and from all issues and amerciaments which shall or may be charged upon them or any of them for and by reason of returning not returning or mis-returning of any Free-holder or Free-holders by the said C. D. or his Deputies 6. Item That the said C. D. his Deputy or Deputies shall bring or cause to be brought to the Castle of Y. all such person and persons as shall by them or any of them be arrested by vertue of any Warrant or Warrants upon any Capias utlegatum or Capias ad satisfaciendum And that likewise upon all Arrests of persons baylable take sufficient bond with two sureties for their appearance at the returne of the VVrit and the said Bonds so taken shall deliver unto the Under-sherif or his Deputy by the space of sixe dayes before the respective dayes of their severall appearances 7. Item That neither the said C. D. nor any of his Deputies make any sale of any goods by him or them or either of them seised or taken for any of his Highnesses debts or upon any execution between party and party Nor shall detaine or keepe in his or their hands any goods so taken by the space of foure dayes but shall bring send or deliver the same unto the said Under-sherif his Deputy or Deputies with a true Copy of their appraisements and the names of the appraisers in case the owners or some friends for them shall deny to take them as they are apprized or to pay the debts and summes for which they were so seised and taken together with the reasonable charges expended concerning the same and every of them shall and will from time to time within sixe dayes after notice or command to him or them given by the said High Sheriffe or his Deputy repaire and come to his Office at Y. or else-where and then and there make a just and perfect account for and concerning all Fees aswell for Arrests and Perquisites of Courts as for all other dues and profits unaccounted whatsoever for and which he and they or any of them shall have received and taken during such times as he the said C. D. shall continue Bayliffe of the said Wapentake which of right belongeth unto his Highnesse or the said now Sheriffe or his Under-sheriffe And the said high Sheriff or Under-sheriffe upon his true account so be made by the said C. D. shall returne unto him the said C. D. all the overplus of the said summe so deposited by the said C. D. to the said high Sheriffe or his lawfull Deputy as shall remaine in his the said Sheriffs hands after the perfecting of the said account 9. Item That he the said C. D. shall after the severall generall Assizes and Gaole delivery and Sessions of the Peace be present and ready in his owne person safely to carry and conduct the prisoners condemned to the place of Execution and not to depart thence without licence from the high Sheriff or his Under-sheriff And shall likewise from time to time so often as he shall be thereto required by the sayd Sheriff Under-sheriffe or his Deputies be ready to ayd and assist them or any of them for the apprehending of any Traytor Priest or Felon or for any other matter or thing whatsoever concerning his Highnesses service within the said County In witnesse whereof c. The Bond for the performance of these Articles is ordinarily made as all other bonds are for the performance of Covenants A Bond entered to a Sheriffe for ones appearance in the Common Bench. KNow all men by these presents that we A. B. of S. in the County of Y. Gent. C. D. of R. in the said County Esquire and E. F. of T. in the said County Yeoman are holden and firmly bound to G. M. Esq High Sheriff of the County of Y. in 30 l. of good and lawfull money of England to be payd to the said G. M. his Executors Administrators or Assignes To the which payment well and truly to be made we binde us and every of us by himselfe for the whole and in the whole our Heires Executors and Administrators firmely by these presents Sealed with our seales dated the twentieth day of June in the yeare c. The Condition THe Condition of c. That if the above bounden A. B. do appear before the Justices of the Common Bench at Westminster in the morrow of the holy Trinity to answer M. N Gent. in a plea of Debt That then this present Obligation to be voyd c. In the Upper bench thus THe Condition c. That if the above bounden A. B. do appeare before his Highnesse the Lord Protector of the Common-wealth c. at Westminster on Saturday next after the morrow of St. Martin to answer to M. N. of a plea of Trespasse That then c. Note that Upper Bench Writs are alwayes returnable upon a day certain as on Monday or Tuesday or Thursday c. next after the morrow of St. Martin c. and are alwayes in trespass But Common Bench Writs are in Debt Trespasse Account Trespasse upon the Case c. as the case requires and are not returnable on a day certaine but returnable on the morrow of the Holy Trinity or the morrow of St. Martin c. An Indenture of Covenants to a Sheriffe to save him harmlesse for returning a Devastavit against an Executor THIS INDENTVRE made c. Betweene Sir A. B. Knight High Sheriffe of the County of Y. and C. D. Gentleman Under-sheriffe of the said high Sheriffe of the said County of Y. of the one part and E. F. of c. of the other part Witnesses That whereas the said E. F. hath obtained and sued out of his Highnesse Court of Common Pleas at Westminster his Highnesses Writ of Fieri facias to the said Sheriffe directed bearing Teste the 29 day of June now last past and returnable in the said Court in 8 days of the holy Trinity last past thereby commanding the said high Sheriffe to
de officio Coronat de pace plagis And Britton in his first Chapter where he treats of it at large and Fleta E. 1. cap. 18. But more amply in Stamfords Pleas of the Crowne lib. 1. cap. 51. It is amply expressed in F N B. fol. 186. That the Coroner shall carry the Records of his own view abjurations outlawries appeales accusations of Thefts done before him and of all other things done in the County that is certaine to the Coroners office and also in the Court of Freemen which have Franchises of infangtheft c. And in the presence of the Coroner shall all appeales of Robbery and Larceny be framed Now as to the view of the body of a man it is his office that so soon as he shall be certified thereof to send to the Constable of the Hundred of the place to summon sufficient and able men of the towns adjacent that at a day certaine they be before him at such a place all which done the body is to be viewed and if it be buried it is to be taken up and he is to record the names of those who buried him and if it hath been decreased or endamaged by ill keeping or laine so long that it cannot be judged how it came by its death the same must also be recorded that this negligence may be punished at the coming of the Justices of Assize into the Circuit for the Towne where the amerciament was shall be grievously amercied upon sight of the Coroners rolls He ought to do his office in person and to see the dead body when he maketh inquisition otherwise the inquiry is invalid for if he will inquire of any dead person without view this is without authority and void If the Coroner be remisse and negligent in coming to execute his office after he is sent unto he shall be amerced But to proceed if the Coroner with the advice of the people present be able to judge of the death then are they to present the manner of his killing whether he died of anothers felony or of his own or by mischance and if of blows whether of a staff or a stone or any other weapon and he is to record in his rolls the names of those who were summoned and appeared not that the same offences of disobedience remain not unpunished whereby the Coroner could not at that time proceed for want of Jurors Therefore we will inquire what persons may be of the Enquest What persons are to be of the Coroners Inquest and how to be qualified THe Inquisition before Coroners is to be of persons within the four next adjacent Villages to be made by the Bailif or Constables of those Villages as appeareth by the Stat. of 4 E. 1. de officio Coronatoris Crompton fol. 113. In these Enquests lye no exceptions or challenges to the persons of the Jurors but he ought to make his pannels of the discretest of the ablest and best of them The names of the Jurors ought to be certified for peradventure they be not probi legales homines but Villains and Outlawes 15 H. 4. 41. for note that an Indictment before Coroners was found that the Earle of B. was felo de se was quashed because it did not appear that it was per sacramentum proborum legalium hominum Pophams rep fol. 202. Harrison against Errington And likewise in Hillary termo 2. Car. B. R. Pophams rep fol. 209. 210. a great multitude of Welshmen were indicted for the death of a man by an Inquisition taken before the Coroner in the County of Montgomery in Wales and exceptions were taken to the Inquisition as first that the Coroner cannot take any Inquisition unlesse it be super visum corporis and to this was cited Britton 6. R. 2. Coron 107. 21 E. 4. 70. 2. R. 3. 2. This is also the reason that if a man drown himselfe and cannot be found the Coroner cannot inquire of the death of this man but for the King or Protector to have a forfeiture of his goods an Inquisition ought to be taken before the Justices of the Peace The second exception was that the Inquisition was per sacramentum proborum legalium hominum Com. praedict whereas by the Statute of 4 E. 1. this enquest ought to be by men of the four next Towns adjoyning and this ought to appear in the Indictment also Hill 10. Jac. Rot. 3. Co. Lib. Intr. 354. and in Pasc 3. Car. This Indictment was quashed for these exceptions The empannelling of the enquest and the view of the body and the giving of the verdict is commonly in the Street in an open place and in corona populi but this name rather cometh because the death of every Subject by violence is accounted to touch the crown of the Prince and to be a detriment unto it The Prince accounting that his strength power and crowne doth consist in the force of his people and the maintenance of them in security and tranquillity The method of keeping the Coroners Court THe Coroners Court is a Court of Record and holden after this manner When a Coroner cometh to view a party that hath hanged killed or drowned himselfe or that hath come to his death by any other accident he must make out his warrant to impannel a Jury to the Bailiffe in whose Liberty the party lyeth dead to appeare before him at such a day and place as he shall mominate and appoint The forme of the Warrant is thus To the Bayliffe and also to the Constable and Tithing-men of the Hundred of R. in this behalfe joyntly and severally greeting BY vertue of mine office these are in the name of Richard Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging to will and require you immediatly upon the receipt and sight hereof to summon and warn twenty foure able and sufficient men to be and appear before me at Skipton the 21. day of November next ensuing the date hereof at the common Tolbooth of the said Towne then and there to do execute such things as on his Highnesse behalfe shall be given them in charge whereof faile you not as you and every of you will answer the contrary at your perils Dated under my hand and seale the 12. day of September in the yeare of our Lord 1158. By me W. G. one of the Coroners of his Highnesse the Lord Protector If it be in a City or Corporation then the form of the warrant or precept is thus To the Sheriffe of the City of York and to the Serjeants at Mace attending the said Sheriffs THese are to will and require you and in the name of his Highnesse the Lord Protector of c. straitly to charge and command you that you cause to come before me one of the Coroners of the City of York and County of the same City at the house of T. P. in
HEe cannot enquire of the Statute of Labourers or indict one feloniously committing a Rape yet such Indictments must be delivered to the Justices of the Peace according to the Statute of 1 Ed. 4. Bract. praesent 16. Fitz. Tourne 3. 4 Edward 4. 8 Edw. 4. 5. He cannot commit any man to prison for his contempt neither can he take recognizance or binde a man to good behaviour as formerly he might and as the Sheriffe in his Tourne may do Yet Co. Instit 4. fol. 263. holdeth that he may take a Recognizance for the peace He cannot hold plea of any thing appertaining to the Crown nor touching Free-hold or Lands nor debt trespasse or otherwise This Court cannot take Indictment of any Felons for the death of any man or in any other case wherein it hath no cognizance If it doe it is Coram non judice and voyd neither can it take a presentment of an offence done to a Parish or a particular man Such things as are Trespasses by the Statute or offences against any Statute the Sheriffs Office doth not extend to it here except the Statute doth give in it an expresse authority to the Tourne or Leet for Nulla est generalis regula sed admittit exceptionem Nothing but Nusances and Grievances Offences or Trespasses as are popular and common to many persons And therefore Trespasses for breaking of Closes nor Assaults made to a sole and particular person is here inquirable except there be blood-shed It was the occasion of a very learned Contest or Argument Pasch 24 Car. B. R. whether a Court Leet may enquire of private Assaults and Batteries if there be no blood-shed in the case Bacon Justice and Walker an Apprentice of the LAW in the Inner TEMPLE held that a Court Leet might enquire of them But Justice Roll held the contrary because they are actionable at the COMMON LAW onely by the party injured and are not publique offences against the publique Upon all Presentments and Indictments taken before the Sheriffe in his Tourn he hath not power to attach arrest or put in prison nor to levy nor take any Fines or Amerciaments of any person so indicted or presented betore them by reason or colour of any Indictment or presentment taken before them in their Tournes but the Sheriffe shall bring and deliver all such Indictments and Presentments to the Justices of Peace at the Sessions that shall be holden for the said County if not a forfeiture for every one not delivered 40 l. What things are considerable in holding Tourns or Leets HAving demonstrated what things are to be enquired of here and what are not Now three things are considerable in the holding of Tourns or Leets viz. 1. Time 2. Place 3. Persons 1. As to the time it must be kept twice a yeare according to ALFRED quotannis celeberimus bis conventus agetur one moneth after EASTER and one moneth after MICHAELMAS At the Tourn after EASTER no Actions popular are to be enquired after c. but onely to take their suite who are Suitors and to take the view c. And at the Tourne after MICHAEELMAS then to enquire of such as are enquirable 2. Now to the place where it is to be holden and that must be within the Precinct and Libertie in loco debito consueto and if it be done otherwise what ever is acted in it is voyd coram non judice 3. Thirdly what persons are to appeare in this Court they are all the Freeholders within the Precinct or Liberty are obliged to come by the service of their Fees and all other people above the age of 12 years and under 60. only Ecclesiasticall and religious men all Earles Barons Tenants in ancient demesne and all women are excepted because they are never sworn upon any Inquest Jury What. THere must be at the Court twelve at the least of the most discreet and sufficient Freeholders such as are of repute and estimation and have Freehold Lands within the same County of the value of twenty shillings at the least who ought to be impannelled and sworn by the Sheriff to enquire of and present all things there inquireable and presentable who ought to take all Indictments by their oathes and must deliver in their rolls and inquisitions indented and sealed between the Sheriff or Steward and the Jurors And if there be not twelve to be sworn the Sheriffe or Steward may cause strangers that come within the view to be of the Inquest How Amerciaments are forfeited and what shall be causes to amerce c AMerciament in Latine is called misericordia because it ought to be assessed mercisully and ought to be moderated by affeerement of his equals otherwise a Writ de moderata misericordia lieth or because the party offending putteth himselfe on the mercy of his Highnesse And the difference betwixt a Fine and an Amerciament is That a Fine is assessed by the Court but Amerciament by the Countrey Of Amerciament BUT to demonstrate the cause of Amerciament viz. The not appearing of a Leet is a good cause to amerce a Reâ—iant and the Lord who distrains for the amerciament needs not shew for what he distraineth before the tenant hath tendered something for amends although the tenant doth not know the cause 45 E. 3. 9. Avowry 80. vi 11 H. 4. 89. 12 H. 7. 15. If a man be amercied for a thing done in a Towne wherein he dwelleth he may be distrained for it in any place within the Hundred or Leet 11 H. 4. 88. A Suitor at a Leet may be amercied for not presentting things presentable being sworne with others and a generall Avowry but he may say that there was nothing to be presented 11 E. 3. 9. Avowry 155. 10 H. 6. 7. Coo. lib. Enteries Det. 149. Coo. part 8. Griesleys case A Resiant was amercied for not clensing of a Ditch and a paine levied upon him that he clensed it after and a distresse taken for not doing of it c. 29 E. 3 36. 41 E. 3. 26. Resiants and tenants may be amercied in the Leet for refusing to swear 38 E. 3. 18. Conusance 23. The Lord of a Leet shall not prescribe to amerce the petty Jury for their false verdict the same being sound by the grand Jury for it is no good custome but they may be amercied for concealing of any thing which is presentable there and this is by custom M. 9. H. 6. 42. Custome An amerciament in a Leet may be well levied by an action of debt 12 H. 2. Ley 43. 10 H. 6. 7. One was amermercied for brewing Ale and selling it contrary to the Assize within the Hundred and it was holden that although he was resiant within another Leet yet the amerciament is good where it is made so it is where one sels Bread and Ale in a Market which is in another Leet then where it was brewed
they might redress misdemeanors within their precincts and to punish offences committed by their Tenants and to decide and debate controversies arifing within their Juridiction and these Courts were termed Courts Barons as it appears amongst the Lawes of Edward the Confessor where it is said Barones vero qui suam habent curiam de suis hominibus c. taking its name of the Baron who was Lord of the Mannor or according to Coo. com Lit. fo 58. a. for that properly in the eye of the Law it hath relation to the Freeholders who are Judges of the Court because in ancient time such persons were called Barons and came to the Parliament and sate in the Upper House but when time had wrought such an alteration that Mannors fell into the hands of inferiour men and such as were farre unworthy of so sublime a calling then it grow to a Custome that none but such as the King would should come to the Parliament such as the King for their extraordinary wisdome or quality thought good to call by Writ which Writ ran hac vice tantum yet though Lords of Mannors lost their names of Barons and were deprived of that dignity which was inherent to their names yet their Courts retain still the name of Court Barons because they were originally erected for such personages as were Barons neither hath time been so injurious as to irradicate the whole memory of their pristine dignity in their denomination there are yet stamps left of their nobility for they are still entituled by the name of Lords Court-Baron cannot be seperated from a Mannor THis Court-Baron is the chiefe Prop and Pillar of a Mannor which no sooner faileth but the Mannor is destroyed and therefore it cannot be separated from the Mannor for it is a wealth to a Mannor the like of a Court of Pypowder to a Faire of which more in its proper place and by granting the principall which is the Mannor the Court which is incident to it passeth without being named 12 Eliz. Dyer 288. if a Mannor be granted cum pertinentiis the Court passeth for it is an incident inseperable to the Mannor and one cannot grant his Court but he may grant the profits of it Brownlows Rep. 175. Yet though a Court-Baron is incident to a Mannor it must be understood of a Mannor in facto in reality and truth but not to be a Mannor only in intendment and a meer nominall Mannor Bolstrod first part fol. 54. Mich. 8. Jac. And as a Mannor at this day cannot be derived out of the CROWNE therefore ex consequente neither the Court-Baron which is incident to such a Mannor but a Court-Leet is not incident to a Mannor but he which hath a Mannor may also have a Court-Leet to be by him held within his Mannor but this ought to be by a speciall grant from the King and not otherwise and then he may punish offenders the which he cannot doe in his Court-Baron he cannot be ousted of his Court-Baron unlesse he be ousted of his Mannor for if he have a Mannor he ought to have such a Court-Baron for this as I have said is as an incident and follows the Mannor as a necessary consequent and adjunct unto the Mannor and therefore if he have the one viz. the Mannor he shall also have the other viz. the Court-Baron What parts a Court-Baron doth consist of THis Court-Baron appertaining to a Mannor consisteth of four speciall parts viz. 1. The Lord. 2. The Steward 3. The Tenant 4. The Bayliffe It is defined to be an assembly of these parts together within the same Mannor and it is likewise duplicate viz. 1. The first is for the taking care counsel and inquiry of causes concerning the same Mannor as for the triall of titles of the land and the taking and pasing of estates Surrenders admittances and grants and to see justice duly executed and the Acts and Ordinances there done to be recorded in the Rolls of the same Court which Rolls are the evidences of all Ordinances duties and customes and conveyances between the Lord and the tenants of the same Mannor and are to be entred by the Steward or an Officer indifferent between the Lord and his Tenants and the same Rolls to remain with the Lord thereby to know his Tenants his Rents his Fines his Customes and his service And the particular grant of every Copy-hold to be copied out of the Rolls and the copies thereof to be delivered to every particular tenant neither can they make any other title to their said tenements but by their said Copy And this is called the Copiholders Court and herein the Steward is judge 2. The other is for the triall of actions under the sum of forty shillings of the nature of the County-Court of which we have copiously treated in the first part of this worke and therefore here not necessary And herein the Freeholders are Judges But to returne to the Copyholders Court And herein the Lord the Steward the Freeholders the Copyholders and the Bayliffs of every Mannor have an intermixt and joynt office and authority in some cases and to some purposes and to other purposes their office is distinct and every of them doth occupy several places persons and parts Five things necessarily appertaning to a Mannor THere are five things necessarily appurtenant to a Mannor and Court-Baron viz. 1. The Lord is chiefe to command and appoint 2. The Steward to direct and record 3. The Free-holders to affere and judge 4. The Copy-holders to inform and present 5. The Bayliff to attend and execute c. And all these united make a perfect execution of Justice and judgment in Court-Barons and without all these a Court-Baron cannot be held in his proper nature in respect of all causes appertaining to the perfect jurisdiction of a Court-Baron But to make a more particular demonstration of their distinct authorities and offices 1. And first of the Lord as he is chiefe in place so in authority and he officiateth three severall places viz. the one of a Chancellor in cases of equity the other of Justice in matter of right and the third of himselfe in cases proper and particular to himself 2. The Steward doth act the part of several persons viz. Iudge and Orderer in cases of Copyhold and also a Minister and Register to Record and enter things into the Court-rolls and in both these to be indifferent between the Lord and his tenants 3. The Freeholders do likewise execute two parts that is to affeere and judge amerciaments and also to return and certifie judgements 4. The Copyholders hold two distinct places viz. to inform offences committed against the Lord within the Mannor and to present such things as shall be given in charge by the Steward 5. The Bayliffe officiates two parts viz. to execute the processe and mandates of the Court and also to return into the Court the execution of the same process