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
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
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
two Kine aforesaid impounded and detained were by the said H. H. and these two Kine going and elongated were before your coming out of the Pound aforesaid to places to you unknown by the aforesaid H. H. for which the two Kine aforesaid Replevie you could not wherefore it is considered by the Court willing to meet with the malice of him the said H. H. that the Beasts of the said H. H. be taken in Withernam to the value c. and these to the aforesaid G. A. be delivered safely and surely to be kept untill to the same G. A. his Beasts aforesaid according to Law you can Replevy and according to the tenure of my Mandate aforesaid Therefore you and every of you joyntly and severally I command that you take or c. the Beasts of the aforesaid H. H. to the value c. in Withernam and these to the aforesaid G. A. to be delivered you cause or c. safely and securely to be kept untill c. and distrain you or c. the aforesaid H. H. so that he be at the Castle of Y. at the next County Court to be held on c. to answer the aforesaid G A. in the Plea aforesaid and the answer of my Precept known make you c. at the next Court Given under the Seal of my Office such day and year c. Note that when a Replevin is granted there must be a Bond taken of him to whom it is granted or of some other for him with one or two sureties to appear at the next Court and to prosecute his Suit with effect or else it may be prejudiciall both to the Grantor of the Replevin and to the Executioner thereof and the form of that Bond and Condition thereof is this An Obligation upon a Replevin Know all men by these presents that we G. A. of Skipton in Craven in the County of Y. Gent. and I. B. of the same Town and County Yeomen are held and firmly obliged to G. M. Esq Sheriff of the County aforesaid in the summe of 100 l. of lawfull mony of England to be paid to the said G. M. or his certain Attorney his Executors or Assigns to which payment well and truly to be made we bind us our heirs Executors and Administrators firmly by these presents with our Seals sealed Dated the tenth day of July in the year of our Lord 1656. The Condition of this Obligation is such That if G. A. do appear at my next County Court to be holden for the County of Y. at the Castle of Y. on Munday the c. next and do prosecute there with effect his Suit which he hath commenced against H. H. for the taking and unjust detaining of two kine of the goods of him the said G. A. and to make return of the goods if return of the same shall be adjudged That then this present Obligation shall be void and of none effect c. Or thus The Condition c. that whereas G. A. hath obtained from the above named Sheriff a Replevin for the delivering of two kine and other goods distrained and detained by H. H. and others if therefore the said G. A. do prosecute his Suit upon the said Replevin with effect and do make return of the goods if return thereof shall be adjudged and also to save and keep harmlesse the said Sheriff by reason of the said Replevin to him granted as aforesaid That then this present Obligation to be void c. A Tolt TOlt comes from the Latine word tollo viz. to take away It is a Precept by which a cause depending in a Weapentake or Hundred Court or other inferiour Court Baron may be from thence removed into this Court The form is this Yo. ss I. B. Esq Sheriff of the County aforesaid to the Stewards and also to the Bayliff of the Hundred of H greeting Whereas I am informed that you are favorable and not equall in a certain Plaint depending before you in your Court between W. A. Plaintiff and R. M. Defendant therefore on the behalf of his Highnesse the Lord Protector and by vertue of my office I command you and either of you that you take the Plaint so depending before you in your Court between the said parties so that I may have the same at my next County Court to be held at the Castle of Y. on Munday c. next in the same state and Condition as it is now depending before you and that you give notice to the said parties of the same day that they may be there ready to prosecute the said Plaint as to Justice and Right shall appertain and that in further prosecution of the said Plaint in your Court you altogether supersede and no further proceed therein and this c. given under the Seal of my Office the c. The return Hundred of H. ss At the Court Baron holden at W. within the Hundred of H. aforesaid upon Wednesday the last day of Iuly the year c. in the time of I. B. Esq Sheriff of the County aforesaid The Plaint W. A. Plaintiff complains of R. M. Defendant in a Plea of debt damages twenty shillings By vertue of this Precept to us directed to be recorded and taken we have caused the Plaint depending before us in our Court betwixt the parties above named and in the same state and condition as it is now depending and to the same parties we have prefixed and given notice that they be at the County Court within written at the day and place within mentioned to prosecute the said Plaint as to Justice and Right shall appertain and as this Precept exacts and requires In testimony whereof we have hereunto set our Hands and Seals c. I. S. Steward T. L. Bayliff Judiciall Processe JUdiciall Processe issue out after Judgment either by default or Nihil dicit against the Defendant or Non-suit against the Plaintiff The form of Judiciall Processe or a Fieri facias is this Y. ss I. B. Esq Sheriff c. to all and singular my Bayliffs c. greeting I command you and every one of you joyntly and severally that of the Goods and Chattels of T. B. you or some of you cause to be made as well a certain debt of thirty shillings which H. S. in my County Court hath recovered against him as also 13 s. and 10 d. which to the said H. S. in the same Court were adjudged for his costs and charges about his Suit in this behalf expended and have you the mony at the Castle of Y. at my next County Court there to be holden upon Munday c. to render to the said H. S. of the debt and damages aforesaid whereof he is convict And this given under the Seal of my Office c. I. B. Esq Sheriff c. to all and singular my Bayliffs c. greeting I command you and every of you joyntly and severally that you or some of you levy of the goods and
chattels which late were W. W. deceased at the time of his death and now remaining in the hands of I. W. Executor of the Testament of the said W. W. and not administred of as well a certain debt of 40 l. which T. L. in my County Court by vertue of a Writ of Justicies recovered against him as also 20 s. which to the said T. L. in the same Court was adjudged for his costs and damages which he sustained by reason of the detaining of the said debt If the said I. W. Executor of the Testament of the said W. W. have so much goods or chattels in his hand which were the said W. W. at the time of his death sufficient to satisfie the debt and damages aforesaid If he have not so much goods or chattels in his hands which were the said W. W. at the time of his death sufficient to satisfie the said T. L. of the debt and damages aforesaid That then you or some of you levy of the proper goods and chattels of the said I. W. the damages and costs aforesaid so that I may have the said mony at my next County Court to be holden at the Castle of Y. c. to render to the said T. L. the debt and damages aforesaid whereof he is convict And this given under the Seal of my Office the c. I. B. Esq c. to all and singular my Bayliffs c. greeting I command you and every of you that of the goods and chattels of T. O. you levy 20 s. which S. D. in the County Court according to a Statute provided in that case were adjudged for his costs and damages which he sustained in his own defence in a certain Plea of debt which the said S. D. against the said T O. of late brought because the said T. O. did not prosecute his Suit but was thereupon non-suited and convicted so that I may have the mony at my next County Court at the Castle of Y. holden on Munday c. next to satisfie the aforesaid S. D. of his costs and damages aforesaid And this c. Given under the Seal of my Office the c. I. B. Esq c. to all c. greeting I command you that of the goods and chattels of T. C. you levy 40 s. which to P. P. in my County Court were adjudged for his damages which he sustained in his own defence in a Plea of debt by the said W. against him the said P. P. lately brought whereof the said P. P. was quieted and by Verdict of his Country whereof the said T. C. was convict have you the mony at my next County Court to be holden at the Castle of Y. on Munday c. to satisfie the said P. P. of his damages aforesaid And this c. given under the seal of my office c. I. B. Esq c. to all c. greeting I command you and every of you joyntly and severally that of the goods and chattels which late were of E. S. Esq who dyed intestate as it is said and now in the hands of R. M. Gent. and A. his wife Administratrix of the goods and chattels which were the said E. S. at the time of his death remaining to be administred you cause to be made as well a certain debt of 4 l. which I. W. hath recovered against the said E. S. in my County Court as 30 s. which to him the said I. W. in my same Court were adjudged for his costs and damages which he had by occasion of detaining of the same debt by vertue of a Writ of Justices so that I may have the said mony at my next County Court to be holden at the Castle of Y. c. to render the aforesaid I. W. of the debt and damages aforesaid whereof the aforesaid E. S. was convict And whereupon it was considered in my same Court that the aforesaid I. W. should have Execution against the aforesaid R. M. c. of the debt and damages aforesaid of the goods and chattels aforesaid by his the said R. M. his default And this given under the seal of my office the c. I. B. Esq c. to all singular my Bayliffs c. greeting I command you and every one of you joyntly and severally especiall to F. P. Bayliff of the Liberty of S. and his Deputies who hath the goods taken upon an Execution issuing out of this Court that those twenty weather Sheep of which each you cause to be apprised at eight shillings of the goods of I. C. Esq which you took and remain in your hands unsold for want of buyers as you your self returned to my Court you expose to sale and the mony thereof which in the whole amounts to eight pounds you have at my next County Court at the Castle of Y. holden on Munday the tenth day of May next to render to W. G. which to him the said W. G. in my Court were adjudged for his damages which he had by occasion of a certain Trespasse to him committed by the aforesaid I. C brought whereof he is convict And this given under the Seal of my Office the 18 day of October in the year of our Lord 1657. By the Sheriff Of a Scire Facias IF a Fieri facias do not issue out within a year and a day after Judgment entered it cannot be had till there be a Scire facias first sued out to summon the Defendant to shew cause why Execution should not be done and if now he neglect to answer or cannot be found to be summoned then a second Judgment shall be given that that Execution be done of the first Judgment If Judgment be given against a Testator albeit it be within a year after Judgment had yet there must first issue out a Scire facias against the Executor or Administrator before Execution to shew cause why it should not be had Or if a man recover against a Feme-sole and she become covert viz. take a Husband within the year and the day then he that shall recover must have a Scire facias against the Husband Scire facias post diem annum I. B. Esq Sheriff c. greeting Whereas W. F. of late in the Court of the aforesaid County by Judgment in the said Court of the County aforesaid held at the Castle of X on Munday the tenth day of February 1654. before the Suitors of the said Court recovered against G. L. as well a certain debt of thirty two shillings which the said W. F. in the same Court recovered against him as thirteen shillings and ten pence which to the said W. F. in the same Court were adjudged for his damages which he sustained by the occasion of the detaining of the debt of which he is convicted for as by the proceedings from thence in the same Court residing notwithstanding the manifest Execution of the aforesaid Judgment remains to be done as by
the day and place within contained and to the parties within written that day have prefixed that then they be there in that Plea as just it may be to proceed as within to me is commanded A. B. complaines of C. D. in a Plea of taking of the Beasts of him the said A. B. in testimony of which matter E. B. S. D. I. W. and I. R. four legall men of those who at the Record present were in full Court at the Castle of Y. in the County aforesaid the tenth day of Aug in the year c. to the same Record their Seals severally have put the day and year abovesaid Note that though the Plea be discontinued in the County yet the Plaintiff or Defendant may remove the Plaint into the Common Pleas or Upper Bench by a Recordare c. and it shall be good and he shall declare upon the same And the Court shall hold Plea upon the fame Plaint for if the Plaint be continued in the County and issue joyned upon it yet nothing shall be removed but only the Plaint and in the Common Pleas the Plaintiff may declare anew c. Likewise if the Recordare bear date before the Plaint was entred in the County it is good enough and the Record is well removed The nature of a Pone A Pone doth nothing differ from a Recordare but that a Pone is allwayes to remove such Suits as are before the Sheriff by Writ of Iusticies and not by Plaint onely but the Recordare is to remove the Suit that is by Plaint onely without Writ F. N. B. 70. 11. By vertue of this Writ to me directed I have put before the Justices c. of the Common Bench at Westminster the Plea which is in my County by Writ of his Highness the Lord Protector of Iusticies betwixt A. B. and C. D. of a Plea of debt as it is said as it appeareth in a certain Schedule to this Writ annexed c. At my County Court held at the Castle of Y. in the County aforesaid upon Munday the twelfth day of August in the year of our Lord 1658. c. A. B. complaineth of C. D. of a Plea of debt in testimony of which matter R. L. S. R. T. O. and S. D. four legall men of those who at the Record present were in full Court their seals severally have put the day and year abovesaid A. B. complaineth of C. D. of a plea of debt 20 l. That if a plea be removed by Pone at the suit of the Defendant or Plaintiff and afterwards they proceed in this Court in the plea and give judgement and award execution c. then the Defendant or he against whom the judgement was given and execution awarded shall have an attachment against the Sheriff directed to the Coroner to answer as well his Highness the Lord Protector for the contempt as the party his damages c. Of the Writ of Prohibition THe Writ of Prohibition is of the same nature of a Recordare and a Pone but not in use Of the Consultation or Procedendo THese two Writs are both of one nature though the Writ of Consultation be obsolete and the writ of Procedendo stept up into its place it lieth where a cause hath been formerly removed by Pone or Recordare from this Court into the Vpper Bench or Common Pleas and for want of sufficient cause of removeall is sent back again Fitz. old Natura brevium 50. The nature of a Writ of False Judgement A Writ of salfe Iudgement lieth where an erroneous Judgement is given in this Court being no Court of Record then the party grieved by the Judgment may have this Writ and remove all processe of the suit into the Common Bench and there it shall be examined if it be found erroneous the Judgement shall be reversed and the suiters of the Court who gave the Judgement amerced Note that a Writ of false Judgement lieth not but in a Court where there are Suitors for if there be no Suitors there the Record cannot be certified by them F. N. B. 43. H. By vertue of this Writ to me directed to be Recorded I have caused the Plea which is in my County together with the proceedings and the Judgement betwixt the parties beneath and to the same parties day have prefixed to be before the Justices within written at the day place within contained as the Writ exacts and requires which plea with the proceedings and judgment appeareth in a certain Schedule to this Writ annexed A Plaint by Writ in the County Court holden at the Castle of Y. in the County aforesaid on Monday the 23. day of August the year c. before the Suitors of the same Court in the time of I. B. Esquire Sheriff of the County aforesaid according to the Customs and Priviledges of the same Court time whereof the memory of man is not to the contrary have been used and approved in the same At this Court came A. B. in his proper person and brought here into Court a Writ of his Highnesse the Lord Protector of Iusticies which said Writ follows in these words O LIVER Lord Protector of c. To the Sheriff of Y. greeting A. B. hath complained to us that C. D. upon him the said A. B. at the Castle of Y. hath made an assault and hath beaten wounded and evil intreated him so that of his life it was despaired and hath done him other wrongs to the great damage and grievance of the said A. B. and therefore we command you that you hear the said plaint and after cause them to be therefore brought to justice for the same that we hear no more complaint therein for want of justice Witnesse our selves at Westminster the 10. day of August in the year of our Lord 1656. And thereupon found Pledges to prosecute the said plaint that is to say Io. Doo and Ric. Roo And thereupon the said A. B. put in his place S. D his Attorney in the plaint aforesaid and by his said Attorney required processe to be made to him upon the same And it was commanded by the said I. B. Esquire Sheriff of the said County to all and singular his Bailiffs jointly and severally and their Deputies that they or some of them should do justice to the said C. D. so that he should be and appear at the next County Court to be holden at the Castle of Y. on Monday the 20. day of September then next in the year aforesaid to answer the said A. B. in the plaint aforesaid At which day came the said A. B. by his Attorney aforesaid and offered himselfe against the said C. D. in the plaint aforesaid and then and there came I. P. one of the Bailiffs in the County aforesaid of the said I. B. Sheriff of the said County and returned the said precept so directed as aforesaid served and executed on him and the said C.
D. did Essoin because he could not come until the next County Court to be holden at the Castle aforesaid at which said next Court viz. on Monday the 10 day of October then next following in the year abovesaid came the aforesaid A. B. by his Attorney aforesaid and offered himself against the said C. D. in the plaint aforesaid and the said C. D. then and there came in his proper person to answer the aforesaid A. B. in the plaint aforesaid and put in his place I. R. his Attorney against the said A. B. in the plaint aforesaid and by his said Attorney desired of the said Court that the said A. B. should declare against him upon his said plaint and thereupon the said A. B. by his Attorney aforesaid declared against the said C. D. upon the plaint aforesaid in manner and form following A. B. By vertue of a writ of Iusticies by S. D. his Attorney complains of C. D. of an action of trespasse and assault for that the said C. D. the 10. day of October in the year c. at the Castle c. in and upon the aforesaid A. B. did make an assault and affray and him did beat wound and evil intreat so that he did despair of his life and other harms did do unto him to the great damage of the said A. B. wherefore the said A. B. saith he is damnified to the value of 20 l. and thereupon brings this action c. Whereupon at the same Court at the request of the Defendant day was given to the said parties in the plaint aforesaid till the next county Court to be holden before the suitors aforesaid on Monday the 15. day of November then next following saving to the Defendant c. at which day at the said Court before the suitors aforesaid holden at the Castle of Y. aforesaid came aswell the said A. B. by his Attorney aforesaid as the said C. D. by his Attorney aforesaid and then and there the said I. B. Esquire was removed from the office of Sheriff of the County aforesaid and R. L. Esquire was duly elected and did enter into the said office of Sheriff of the County of Y. aforesaid whereupon at the same Court at the request of the parties further day was given to the said parties in the plaint aforesaid until the next County Court on Monday the 13. day of December then next following in the year abovesaid to be holden before the suitors aforesaid saving to the parties c. at which day at the said Court before the suitors aforesaid holden at the Castle aforesaid came aswell the said A. B. by his said Attorney as the said C. D. by his Attorney aforesaid And the said C. D. by his Attoruey aforesaid came and defended the injury when c. And the said Attorney said that he was not informed by his said Clyent of any answer for him the said C. D. to the said A. B. in the plaint aforesaid to be given whereby the said A. B. did remain against the said C. D. thereupon without defence for which the said A. B. ought to recover against the said C. D. his damages by occasion of the trespasse and assault and wounding aforesaid but because it was not known to the Court what damages the said A. B. had sustained by reason of the premises therefore at the next County Court holden at the Castle of Y. aforesaid in the County aforesaid before the Suitors aforesaid upon Monday the 10. day of Ianuary then next following in the year aforesaid it was required by the oaths of I. W. R. S. S. G. M. L. T. P. c. twelve good and lawfull men of the County aforesaid being present in the Court and in the full County sworn to inquire what damages the said A. B. sustained by occasion of the trespass assault wounding say upon their oaths that the said A. B. hath sustained damages by occasion of the trespass assault and wounding to ten pounds and for his costs and charges by him in that behalfe expended to two pence therefore it was considered by the said Court that the said A. B. should recover against the said C. D. his damages and costs aforesaid by the Jurors aforesaid in form aforesaid assessed and also forty shillings by the Court aforesaid to the said A. B. by his assent for increase of costs to him adjudged which said damages and costs do amount to twelve pounds and two pence And the said C. D. in mercy c. In testimony whereof c. The nature of an Accedeas ad curiam THis Writ issues out of the Chancery directed to the Sheriff commanding him to go to such a Court of some Lord or Franchife as Court-Baron or the like being no Court of Record where a Plaint is sued or a false judgement is supposed to be given in some suit which hath been in the Court and by this the Sheriff is there to make Record of the same suit in the presence of the Suitors of the same Court and four lawfull men of the County and of this he is to make a Certificate into the Court above under his seal and the seals of four of the Suitors of the same Court at the day appointed by the writ F. N. B. 71. Plowden 74. Finch 444. This Writ cannot be had without shewing some special cause for the removing of it as that a Freehold is in question there or some forreign plea is pleaded not triable in that Court or such like F. N. B. 70. 119. The County Clerk is to make a precept upon the Writ in this manner Yo ss I. B. Esquire Sheriff of the County of Y. To the Steward and Bailiff of the Court of the Honour of P. greeting I command you by vertue of a Writ to me directed that you take with you four discreet and lawfull Freeholders of the County aforesaid and that you go to the Court aforesaid and in full Court there cause the Plaint to be recorded which is in the same Court without Writ between R S. and G. M. of a certain trespasse upon the case brought by the said R. S. against the said G. M. as is aforesaid And that you certifie the Record to me so that I may have the same before the Justices of the Common Bench at Westminster from the day of the holy Trinity in fifteen days under your seals and the seals of four lawful men of the said Court of those that shall be present at the Record and that you prefix the same day to the parties that then they be there ready to proceed in the said plaint as shall be just and have you the names of the said four men and this Precept fail not hereof c. Given under the Seal of my Office this second day of Iune in the year of our Lord 1656. By the Sheriff Honour of P. ss The Court Baron of G. S. I. K. c. holden at
Writ appeareth in a certaine pannel to this VVrit annexed R. S. Esq Sherif The names of the Jurors between A. B. Plaintif and C. D. Defendant of a plea of Trespasse E. F. of G. Gent. H. I. of the same K. L. of M. And so to the number of 24. Every of the said Jurors is severally attached by pledges Io Doo Ric. Roo R. S. Esq Sherif The execution of this writ appeareth in a certaine pannel to this writ annexed R. S. Esq Sherif The names of the Jurors between A B. Plaintif and C D. Defendant of a plea of Trespasse E F of G Gent H I of the same K. L of M And so to the number mentioned in the writ Every of the said Jurors is severally attached by pledges Iohn Doo Rich Roo Issues of every of them 10 s. R. S. Esq Sherif At my County of N. held at L. in the said County of N. the 8th day of Ian in the year of our Lord 1658. the within named A B C D and E F were the first time called and did not appear And at my County Court there held the first day of Feb in the same yeare 1658. they were the second time called and appeared not And at my county Court there held the first day of March in the foresaid year 1658. they were the third time called appeared not And at my county Court there held the 2d day of April in the year of our Lord 1659. they were the fourth time called and appeared not And at my County Court there held the first day of May in the year 1659. abovesaid they were the fith time called and the above named A. B. brought me his Highnesse VVrit of Supersedeas which I have to this writ annexed therefore against him the said A. B. I could no further proceed And the above named C. D. rendred himself into my custody whose body before the Justices within mentioned at the day and place within contained I have ready as within it is commanded And the above named E F. did not appeare therefore by the judgement of J K. L M. Gent. Coroners of the County aforesaid the aforesaid E E. is outlawed R. S. Esq Sherif At my County Court of N. held at L. in the County of N. the 1. day of Feb. in the year of our Lord 1658 And at the general Sessions of the publique peace held at G. the 20 day of Apr. in the aforesaid year the 2 day of April in the yeare of our Lord 1659. And at the most usuall door of the Parish Church of c. within written on Sunday the 10 of April 1659. abovesaid I made publique proclamation as within it is commanded R. S. Esq Sherif There being four County Courts allowed at which the within named A B. C D. E F. were foure times called appeared now Now at my County Court of N. held at L. in the said County of N. the above named A B. C D. E F. were the first time called and appeared not therefore by the judgement of I K and L M Gent. Coronors of the County they are and every of them is outlawed R. S. Esq Sherif This Writ was so lately delivered me that by reason of the shortness of time I could not do due execution thereof according to the Exigence of the same R. S. Esq Sherif The within named A. B. was taken by R. C. Knight and Baronet late Sheriff of my County of N. and not by me now Sheriff of the same County R. S. Esquire Sherif By vertue of this writ to me directed I have before the Justices within mentioned at the day and place within contained the Plaint which is in my County Court by his Highnesse Writ between the within named parties under the seals of A B. C D. E F. and G H. four lawfull men of my said County present at that Record as appeareth in a certain Scedule to this Writ annexed And have given notice to the within named I. K. that he may be then there ready to prosecute his plaint thereof against the within named T. W. And also I have there the other Writ to this Writ and Scedule annexed I. G. Esquire Sherif S. ss At my County Court held at I. in my said County the 11. day of in the year of our Lord 1657. ss I. K. complaineth against T. W. of a plea of Debt I. G. Esquire Sheriff By vertue of this Writ by C D. and F G. honest and lawfull men of my Bailiwick I have given notice to the within named L S. I. L. c. that they be before his Highnesse at the day and place within contained to shew c. Why the within named R R. should not be inlarged out of prison according to the act c. As within it was commanded I. G. Esquire Sherif The within named G. S. hath nothing in my Bailiwick whereby I can give him notice neither is he found in the same neither are there any tenants or tenant of any Lands or Tenements which were of the within named W. on the within written day of the Judgment within given or at any times afterwards in my Bailiwick unto whom I may give notice as this writ doth require I. G. Esquire Sherif Pledges of process Jo. Doo and Ric Roo Sum of the within named A. B. Anth. Sharp and Rich. Sharp And at the most usual Church-door of the Parish of D. where the within named A. B. inhabiteth upon the Lords day to wit the 4. day of Iu. in the year within written immediatly after divine service in the same Church ended I made publick Proclamation according to the form of the Statute c. R. S. Esq Sherif By vertue of this Writ to me directed the 26. day of A. in the year within written I have taken into the hands of his Highness the Lord Protector by the view of H. R. and T. R. honest and lawfull men of my Bailiwick the third part of the Messuage Lands and Tenements within mentioned with the appurtenances As within it is commanded The summoners of the within named A. B. Jo. Den. and Ric. Fen. R. S. Esquire Sherif Pledges of Processe Jo. Doo and Rich Roo The Summoners of the within named A. B. son an heir of A. B. I. W. and E. W. R. S. Esquire Sherif By vertue of this Writ I have caused to be delivered to the said A. B. his possession of his term within specified of the Messuage Lands and Tenements within specified And also have taken the body of the within named C. D whose body before the Justices within written at the day and place within contained I have ready as within it is commanded And where the Defendant is not found then close thus And I further certifie the Justices within specified that the within named C. D. is not found in my Bailiwick R. S. Esquire Sherif By
vertue of this Writ I have delivered to the within named I G. the Mannors Messuages Parks Woods and all and singular the Lands and Tenements with the appurtenances within mentioned To hold to him and his assigns as his Freehold until he shall be fully satisfied of his debt within mentioned with his damages charges and expences reasonably sustained as by this Writ it is commanded And I further hereby certifie his Highness that the within named R. W. is not found in my Bailiwick R. S. Esquire Sherif By vertue of this Writ to me directed in form within written in full Court I recorded the Plaint within mentioned And that Record as it appeareth in a Scedule to this Writ annexed I have before the Justices within written at the day and place within contained under my seal and the seals of R C. M C. T Y. and R E. four honest and lawfull men of my Bailiwick of those which were there present at that Record And I have prefixed the same day to the parties within written that then they may be there ready to proceed in the said plaint as shall be just according to the exigence of this Writ R. S. Esquire Sheriff B. ss At the Hundred Court of B. holden at C. the 12. day of A. in the year of our Lord 1658. in the said Hundred before I. K. and L M. free Suitors of the same Hundred B. ss A B complaineth against C D. of a plea of taking and unjust detaining of his goods and chattels R. S. Esquire Sherif By vertue of this Writ to me directed in my full County Court of N. held at N. in my said County the 12. day of A. in the year of our Lord 1648. I caused the Plaint to be recorded between the parties within written whereof within is made mention which plaint appeareth in a certain Scedule to this Writ annexed And I have that Record ready before the Justices within mentioned at the day and place within contained under my seal and the Seals of W H. L E. I B. and T C. four lawfull freeholders of the same County of those which were present at that Record and I have prefixed the same day to the parties within written that they be then there ready to proceed in the said plaint as shall be just according to the exigence of this Writ R. S. Esquire Sheriff N. ss At my County Court of N. held at I. within the said County the 12. day of A. in the year of our Lord 1658. before I G. H K. Freeholders of the same County amongst other things it is thus contained N. ss F I. doth complain against F. S. of a plea of taking and unjustly detaining of his cattel R. S. Esquire Sheriff Before the coming of this Writ the within mentioned Mare was by the within named G H. conveyed unto places unknown to me so that I could not cause return of the said Mare to be made to the within named I N. and H. as within it is commanded and I hereby further certifie the within mentioned Justices that by vertue of this Writ I have taken the body of the within named G H. whose body before the said Justices at the day and place within contained I have ready as within it is commanded R. S. Esquire Sheriff The execution of this Wtit appeareth in a certain Scedule hereunto annexed R. S. Esquire Sheriff By vertue of this writ to me directed and to this Scedule annexed I made a certain Warrant to one W R. my Bailiff to arrest and take I S. in the said Writ named My which Bailiff by vertue of my aforesaid Warrant the 11. day of February in the year of our Lord 1658. within written at B. in my County arrested and took the body of the aforesaid I S. as by my Warrant he was commanded and him the said Iohn so arrested taken and in my custody as aforesaid under the aforesaid arrest being one G. S. of B. aforesaid together with the aforesaid Iohn Spalding by force and armes that is to say with staves pitchforks and knives upon him the said W. R. my Bayliff then and there did make an assault and him did beat wound and evilly handle so that it was despaired of his life And the aforesaid G. S. him the said I. S. so as aforesaid under the foresaid arrest being out of my custody then and there tooke and rescued and of his owne right suffered him to go at large And the same I. S. so as aforesaid under arrest being out of my Custody then and there likewise rescued himselfe against the publique peace And afterwards the same Iohn is not found in my Bayliwick R. S. Esq Sheriff Returne of Jurors HEe must returne sixe Jurors where the Venue lyeth if there be so many within the Hundred viz. within the place where the demand is made yet by the Stat. 27 Eliz. cap. 6. upon the tryall of an issue joyned in any personall action if two sufficient hundreders do appear it is sufficient He must return their names and a true addition of their dwelling places or some other addition by which the party may be known No persons are to be returned above the age of 7 yeares nor persons of a languishing sicknesse or disease at the time of their summons no Alien Infant under the age of fourteen Clergy men or Ministers Lamb. 382. Fitz. 165. d. 166. a. d. None shall be impannelled upon a Jury for tryall of any matter out of their proper County except such Jurors may spend in Lands and Tenements 5 l. per annum nor to try any matter within the County except they have in Lands and Tenements 40 s. per ann of estate of Free-hold within the County where the Issue is to be levyed F. N. B. 166. d. But after the Statute 27 Eliz. cap. 6. None are to be returned for the tryall of any Issue in the upper Bench Common Pleas Exchequer or before the Justices of Assize but such as have estate of Free-hold in Lands Tenement or Hereditaments of the clear yearly value of 4l at least out of Ancient Demesne Though the current of the Venire facias be but to returne Duodecem bonos legales homines yet must he returne twenty and four if he return but three and twenty and 12 appear and give their verdict this is Errour Coo. 5. 36. 37. He is to summon and returne the Grand Iury to the Assizes and the Juries for the Quarter Sessions of the peace and is to array his pannell sixe dayes at the least for the speciall Assizes and before the sessions of the Justices so that view and copies of the pannels may be had if they be required which copies must be indented by the Sheriff and delivered to the Plaintifs Defendants or Tenants Upon an Indictment he ought to returne none but probi legales homines viz. such as are not attaint by
and grant to and with the said E. F. his Executors Administrators and every of them that if the said A. B. his Heirs Executors Administrators and Assignes shall or may be relieved saved harmlesse or indempnified for and concerning the fore-recited covenants and agreements by the sayd C. D. his Executors and Assigns and his sureties that then he the said A. B. his Executors Administrators or Assignes shall or will not take any benefit or advantage of the said covenants and agreements against the said E. F. his Heirs Executors Administrators or Assignes or any his sureties or any of them In witnesse whereof c. Or Thus. THIS INDENTURE made c. in the year c. Betweene A. B. of R. in the County of Yorke Esq now high Sheriffe of the said County of the one part and C. D. of c. in the said County Gentleman of the other part Whereas his Highnesse RICHARD Lord Protector of the Common wealth of England Scotland Ireland and the Dominions and Territories thereunto belonging By his Highnesse Letters Patents under the Great Seale of ENGLAND bearing date the seventeenth day of this instant November have made nominated constituted assigned and appointed the said A. B to be High Sheriffe of the said County of YORKE during his pleasure Now this Indenture witnesseth That the said A. B. for the good opinion which he hath conceived of the said C. D. and of the trust and confidence which hee reposeth in him hath deputed assigned constituted and ordained and by these presents doth depute assigne constitute and ordaine him the said C. D. to be his Under-sheriff of for and in the said County of Yorke during all the time that he the said A. B. shall be and remaine Sheriffe of the said County by force of the Letters Patents aforesaid and doth hereby authorize the said C D. to serve exercise and execute the said Office of Under-sheriffe of the said County under him the said A. B. in his name during all the time aforesaid And the said A. B as farre as in him lyes doth also by these presents grant unto the said C. D. that it shall and may be lawfull to and for the said C. D. by force hereof to appeare answer and serve and minister as Under-sheriffe of the said County of York for and in the name of the said A. B. as well in all places of the said County of York as in all and every the Court and Courts within the Common-wealth of England and before all and every the Justices of Oyer and Terminer Justices of Assize and Goal-delivery Justices of the Peace Coroners and Escheators and other Officers and Commissioners of this Common-wealth where the said A. B. by vertue of the said Office of Sheriff-wicke for the said County of YORKE shall be bound or ought to appeare answer serve or be attendant and to breake open answer returne and execute for him the said A. B. in his name all Processe VVrits Precepts VVarrants Mandates and Commandements to the Sheriffe of the said County directed or hereafter to be directed out of any the Courts aforesaid or from any the Justices Coroners or Escheators aforesaid and to doe performe and execute for him the said A. B. and in his name all and every thing and things which by him the said A. B. by vertue of his Office of Sheriff-wicke of the said County of YORKE is to be performed executed and done saving alwayes and excepting the said C. D. shall not by vertue thereof be authorized to open returne send or execute any VVrit or VVrits for electing any Knights of the Shire or Burgesse of Parliament for the said County of YORKE or any Burrough within the said County nor open execute or answer any the Letters of his Highnesse the LORD PROTECTOR or the Councell to bee directed unto the said Sheriffe of the said County of YORKE without the speciall warrant direction or Commandement of him the said A. B. for that purpose And further the said A. B. doth by these presents grant unto the said C. D. for the executing of the said Office all the Fees Duties and Profits to him due arising and growing by the County Courts to be kept within the said County of YORKE and all other fees rewards duties allowances and profits incident to the office of Sheriffe-wicke or thereunto belonging for which the said A. B. is or shall be allowed by the Common Lawes of this Nation or customes of the said County either for the opening returning or executing of any VVrit Precept or Processe Warrant or Commandement whatsoever or for other executing of the said office and which have not beene accepted heretofore the ordinary Fees of any other his Bayliffs or other Officers to have and enjoy the said duties fees rewards allowances and other profits to his owne use without an accompt to be rendered to the said A. B. his Executors or Administrators for the same And the said C. D. for and in consideration of the benevolence aforesaid and for the free gift and grant of the said A. B. doth for himself his Heirs Executors Administrators and Assignes and every of them covenant promise grant and agree to and with the said A. B. his Heirs Executors and Administrators and Assignes by these presents that he the said C. D. shall and will at all times from and after the day of the date of these presents duely diligently lawfully and carefully serve the said A. B. as his Deputy and Under-sheriffe of in and for the said County of YORKE without doing or committing any kinde of extortion or wilfull mis-behaving of himself in the said office and shall and will duely and respectively execute the said office of Sheriff-wicke under the name of the said A. B. in all points so farre forth as these presents the LAWES of the LAND or other Licence or Commandement of the said A. B. shall warrant or give liberty and shall and will in the name of the said A. B. and as his Deputy in the said office of under-Sheriff of the said County of Y. be answerable attendant and minister in all Courts of his Highnesse the Lord Protector by and before the said Justices of Assize Justices of the Peace and all Commissioners Escheators Coroners and other Officers of his Highnesse the Lord Protector before whom the said A. B. shall be bound or required to Minister answer or be attendant in respect of the said office of Sheriffwick for the said County and shall and will execute and make answer true and sufficient return of all such processe writs precepts and commandments directed from his said Highness or from every or any of the said Courts Justices Commissioners Escheators and other Officers aforesaid as shall be delivered to or come to the hands of him the said C. D. his Deputie or Deputies Assignee or Assignes or shall and will discharge and save harmlesse the said A. B. his heires Executors and Administrators and his
levy of the Goods and Chattels which late were of P. R. of c. deceased at the time of his death in the hands of W. T. Executor of the Testament and last Will of the said P. R. the Testator a certain debt of 200 l. which the said E. F. in the said Court hath recovered against the said W. T. the Executor as by the said Writ now delivered to the said Sheriffe in forme of Law to be executed more at large appeareth And whereas the said E. F. hath informed the said high Sheriffe and Under-sheriffe that divers goods chattels and debts which were the said P. R. the Testator at the time of his death to the value of his said debt of 200 l after the death of the said P. R. the Testator came to the hands of the said W. T. the Executor within the said County to be administred and that the Executor since the death of the said P. R. the Testator came to the hands of the said W. T. the Executor within the said County to be administred and that the Executor since the death of the said P. R. the Testator hath wasted the same so that unlesse the said Sheriffe shall upon the said Writ of Fieri facias make his returne to this or the like effect viz. That the said Goods and Chattels which were the said P. R. the Testator at the time of his death to the value of the said two hundred pounds did after the death of the Testator come to the hands of the said Executor within the said County of Y. to be administred and that the said Executor hath wasted the same so that the said Sheriff cannot by vertue of the said Writ of Fieri facias do execution thereupon of the goods and chattels as is thereby required And so that also the said E. F. cannot by course of Law have the benefit of his said recovery whereupon the said High-Sheriff and his under-Sheriff being desirous to do what to them or either of them by vertue of their said Office appertaineth for the surtherance of Justice in that behalfe giving credit to the said assertion and affirmation of the said E. F. the said High-Sheriff at his earnest request hath upon the said Writ of Fieri facias in form of Law returned to his Highnesses Justices of the said Court of Common Pleas a Devastavit of the Goods and Chattels which were the said Testators at the time of his death and came to the hands of the said Executor to be administred to the said value of the said debt of two hundred pounds Now therefore these presents do witnesse that the said E. F. and T. P. for the indempnity and saving harmlesse of the said High-Sheriffe and Under-Sheriffe and of their and either of their Clerks of for and concerning the making of the said return in case the assertion and information of the said E. F. be not true do by these presents Covenant and grant joyntly and severally for themselvs and every of them and for their and every of their Executors and Administrators to and with the said A. B. and C. D. and either of them their and either of their Executors and Administrators that they the said E. F. and T. P. or some of them shall and will at all times hereafter discharge acquit and save harmelesse the said A. B. and C. D. and either of them their and either of their Clerk or Clerks and the Heires Executors and Administrators of them and every of them for and concerning all all manner of actions suits complaints losses vexations and troubles whatsoever which shall at any time hereafter be commenced attempted brought or prosecuted against them or any of them by the said P. R. the Executor his Executors or Administrators or by any other person or persons touching or concerning the said returne or by reason or occasion thereof And shall and will from time to time beare and pay to to them the said Sir A. B. and C. D. all such sum and summes of money damages costs and expences as against them or either of them or against their or either of their Executors or Administrators shall be adjudged decreed or ordered or which they or any of them shall from time to time by reason or occasion aforesaid be put unto or shall necessarily lay out or be enforced to pay by reason of any such action suit complaint molestation vexation or trouble And for the true performance of all and singular which said premisses the said E. F. and T. P. doe by these presents binde themselves joyntly and severally and their and either of their Heires Executors and Administrators to the said Sir A. B. and C. D. in the summe of 300 l. of good c. to be paid to them or either of them their or either of their Executors or Administrators if default or breach of the Covenant aforesaid shall be made In witnesse c. A discharge to the Sheriffe for a Prisoner from him to whom the prisoner is indebted KNow all men by these presents that I A. B. of C. in the County of York have remised released acquitted and discharged and by these presents doe for mee my Heires Executors Administrators and Assignes remise release and fully and absolutely acquit and discharge E. F. high Sheriffe of the said County of Y. and G. H. his Under-sheriff their Heirs Executors and Administrators of and from all and all manner of Escapes as well voluntary as negligent and of and from all actions cause and causes of actions for or concerning the enlarging or setting at liberty of the body of L. M. taken at my suite by vertue of a Capias ad satisfac to the said Sheriffe directed of ten pounds debt and fourty shillings costs of suit returnable in the Court of Common-Pleas in Easter Terme last past and I the said A. B. do hereby discharge the said Sheriffe from all actions reckonings duties and demands whatsoever concerning the executing of the said Capias ad satisfac In witness whereof c. Or Thus KNow all men by these presents that I A. B. of c. have remised released and quit claimed and by these presents do remise release and quit claim unto C. D. Esq now Sherif of the said County of Y. all and all manner of actions suits troubles and incumberances whatsoever which I might may or ought to have against him for or concerning the discharging or setting at liberty L. M. of N. in the said County Gent. being arrested and imprisoned upon a Capias ad satisfaciendum out of the Court of Common Pleas at Westminster for an hundred pounds debt and twenty shillings costs at my suit returnable from the day of Easter in one month last past In witnesse whereof I have hereunto set c. A Condition that the Sheriff executing a Writ may detaine out of the goods and lands extended so much mony c. THE CONDITION c. That whereas the within bound A. B.
the day of the date hereof hath delivered to the hands of the within named C. D. and E. F. the Writ of execution for levying and extending the goods chattels and moyety of the lands tenements and hereditaments of one G. H. of c. to and for the use of the said A. B. whereby the same A. B. may be satisfied of the summe of two hundred pounds mentioned in the said Writ if in case the said C. D. and E. F. or either of them do lawfully execute or cause to be lawfully executed the said Writ according to the nature meaning and purport thereof by the impannelling of twelve lawfull and indifferent men to be sworn of the contents of the said Writ if then the said A. B. his Executors and Administrators do quietly permit and suffer the said Sheriffe or under Sheriffe to have take receive and detaine to his and their owne proper use and behoofe out of such moneys goods or chattels as shall be had levyed or received by vertue of the said Writ or the execution thereof so much in lawfull money of England or other benefit as they or the said Sheriffe or under Sheriffe or one of them shall think reasonable or sufficient for their satisfaction of and for such travel paines or charges as they shall be at in and about the execution of the said Writ and extent thereupon to be had or made otherwise within c. next after the said writ shall be executed and return made thereof accordingly do pay or cause to be paid unto the said Sheriffe or under Sheriffe or their Deputy or Deputies so much lawfull money of England as they shall for the causes aforesaid reasonably demand That then c. A Bargaine and sale of Goods made by the Sheriffe by vertue of his office TO all faithfull people to whom this present writing shall come Sir H. B. Knight Sheriffe of the County of Y. greeting Whereas by vertue of his Highnesses Writ of Fieri facias to me directed out of his Highnesses Court of Common Pleas at Westminster for the levying of an hundred pounds debt and forty shillings damages which Sir H. H. Knight Lord Chiefe Justice of the said Court of Common Pleas hath recovered in the said Court against E. F Administrator of the Goods and Chattels which late were of I. R. late of R. in the said County Gent. deceased at the time of his death to be levyed upon the Goods and Chattels which late were the said I. R.'s at the time of his death in the hands of the said E. F. to be administred if so much of them do remaine in the hands of the said E. F. to be administred And if not then the damages to be levyed of the proper goods of the said E. F. as by the said Writ returnable from the day of the holy Trinity in three weekes more at large appeareth I have taken into my hands all and singular the goods and chattels mentioned in an Inventory hereunto annexed be the goods and chattels which late were the said I. R's at the time of his death and found in the hands of the said E. F. unadministred Now know yee that I the said High Sherif by vertue of the said Writ and of my Office and for and in consideration of the sum of two hundred pounds of good c. to me the said High Sherif in hand payd do hereby as much as in me lyeth by vertue of my said Office fully and absolutely bargain sell and deliver to the said E. F. his Executors Administrators and Assignes all and singular the said Goods and Chattels TO HAVE AND TO HOLD and enjoy the same unto the said E. F. his Executors and Administrators for ever In witnesse whereof I have hereunto set my seale of Office the tenth day of May in the yeare of our LORD 1658. THE JUDICIAL AND MINISTERIAL OFFICE OF CORONERS THIS Office of Coroner hath its Etymologie or Derivation a Corona being an Offficer of the CROWN from antiquity and hath principall cognisance of some PLEAS called Placita Coronae He was established by pristine Kings ELFRED c. to be Principalis conservator pacis according to the Mirrour of Iustice which saith Auxi ordains fuer Coronours in Chescun County et Viscounts a garder le peace quant les Countees soy demisterent del gard et Bayliffes in lieu de centeners that is Coroners in every County and Sheriss were ordained and constituted to be Conservators of the Peace when the Earles dismist themselves of the custody of the Counties and in place of Hundredors but of his antiquity and jurisdiction Vide 2d Instit Magna Charta Cap. 17. Merton Cap. 3. Reddisseisin and Westminster 1. Cap. 10. and 26. and Articl super Chart. Cap. 3. This office of Coroner is duplicate General Special 1. Generall TO the office of generall Coroners appertaines the receiving of the Appeales of the whole County of Fellonies committed within the yeare to award the Exigents of contempts and to pronounce the Judgements of Out-lawries upon County dayes of which see more in the County Court and likewise in what pledge or Decenary they were or of whom mainprised and in whose ward 2. Speciall SPeciall Coroners are Coroners of Liberties and of priviledged places as Coroner of the Verge viz. Coroner of the Protectors Houshold c. to demonstrate the distinction of the Authority and Jurisdiction of generall and speciall Coroners by Wrote and Wiggs Case in the fourth Reports fol. 45. and 46. Where it was resolved That at Common Law the Coroner of the KINGS House had an exempt jurisdiction within the Verge and the Coroner of the County cannot intermeddle therein as appeares by the preamble of the Statute of Articuli super Chartas Because that before this time many Felonies done within the Verge have beene unpunished and the reason and cause thereof was because the Coroners of the County are not suffered to interpose to enquire of Felonies within the Verge but the Coroner of the KINGS hostel which is passant By which it appears that the Coroner of the County could not intermeddle with the death of a man within the Verge but the Coroner of the Hostell onely And so was it adjudged Pasch 24 Eliz. in the Kings Bench where Swift was indicted before the Coroner of the County of Middlesex of a Murther done at Tuthil in the said County of Middlesex which Indictment was removed into the Kings Bench and there Swift pleaded that Tuthil was at the time of the murther and yet is within the verge c. upon which the Attorney did demur in Law and it depended in advisement three Terms and at length the plea was adjudged good and thereupon he was discharged of the Indictment for as the Coroner of the houshold cannot intermeddle within the County out of the verge because his Office extendeth not to it so the Coroner of the County cannot intermeddle within the verge and it shall be contrary
Fosgate within the said City betweene the houres of One and Two of the Clock in the Afternoone of this present first day of May twenty four good and lawfull men of the said City then and there to enquire upon the view of the body of A. B. there lying dead how and in what manner he came to his death faile not herein at your peril as you will answer the contrary Given under my hand and seal the c. 1658. By me I. C. c. When you come to the place appointed call the Baliffe Constable c. to make a returne of their Warrant Then command one to make three Proclamations calling the Jury after this manner You good men that are returned to appear here this present time to enquire for his Highnesse the Lord Protector c. answer to your names as you shall be called every man at the first call upon pain and peril that shall fall thereon And such of the Jury as faile to appeare shall be fined 40 s. The Jury appearing sweare fourteene or fifteene of them and give the fore-man his oath super visum corporis thus You shall diligently enquire and true presentment make on the behalfe of His Highnesse the LORD PROTECTOR c. how and in what manner A. B. here lying dead came to his death and you shall deliver up to me His Highnesses Coroner a true verdict thereof according to such evidence as shall be given up to you according to your knowledge so help you God c. Or thus You shall diligently enquire and true presentment make of such things as shall be given you in charge according to your evidence so helpe you God c. Then swear the rest by four at once thus All such oath as L. M. the fore-man of this Inquest for his part hath taken you and every one of you shall well and truly observe and keepe on your parts according to your evidence so helpe you God c. If the evidence be not ready you may adjourn untill another day and place to receive their evidence binding the Jury by recognizance in twenty pounds apiece for their appearance Then send out your warrant to the witnesses commanding them to come to be examined before you and to deliver their knowledge touching the matter in question taking their examinations in writing under their hands If it be about the triall of a mans life then must the witnesses be all bound over in twenty pounds apiece at the least personally to appear at the next assizes then ensuing to deliver their knowledge therein Their Recognizance must be made in this manner viz. The two and twentieth day of May in the year c. A. B. of C. in the aforesaid County acknowledges himselfe to owe and to be indebted c. under Condition c. That if the said A. B. do personally appeare before the Justices of Assize and Goal-delivery at the next Assizes to be holden at the Castle of Y. for the said County and then and there deliver and set forth his knowledge touching the death of E. F. and do not depart thence without license of the said Court That then this present Recognizance to be void and of none effect or else the same to stand remain and continue in force strength power and vertue Taken and acknowledged the two and twentieth day of May in the year 1658 aforesaid before me R. W. Gent. one of the Coroners of the County aforesaid R.W. Then command three Proclamations to be made thus If any man can give evidence on the behalfe of His Highnesse the Lord Protector c. how and in what manner A. B. here lying dead came to his death draw near and you shall be heard Evidence appearing give him or them this oath All such evidence as you shall give to this Enquest concerning the death of A. B. here lying dead shall be the truth the whole truth and nothing but the truth so help you God c. The Jury being all sworne command them to stand together and hear their charge the which I shal give you in briefe Gentlemen 1. You that are sworne you shall by your Oaths declare of the death of this man whether he died of felony or by mischance and if of felony whether of his owne or of anothers and if by mischance whether by the act of God or of man and if of samine whether of poverty or common pestilence and from whence he came and who he was and if he dyed of anothers felony who were principals and who accessaries and if Hue and Cry were duly made or not and whether the men fled according to law or not and who threatened him of his life or members and who were sureties for the Peace or whether he dyed of long imprisonment or of pain and by whom he was further from life and nearer to his death and so of all prevailing circumstances that can come by presumptions 2. And in case where he died by hurt or fall or other chance by the act of God so that he had no power to speake before his death then you shall enquire the names of the finders and of his next neighbours and who were his Parents and if he were killed there or elsewhere and if elsewhere by whom and how he was thence brought and the value and kinde of the Deodand and to whose hands it came for in case a man dieth by a fall in such case according to Glanvile it is ordained whatsoever is cause of his death is Deodand as it is for whatsoever moveth in the thing whereof he sell as Horse Cart Milstone also Vessels are sometimes Deodands but not in the Sea according to the maxime Omnia quae movent ad mortem sunt Deodanda but the sums upon the Horses the goods lying in Ships Mills Carts and Houses are not accounted for Deodands 3. And in case of anothers felony then you are to enquire who were the felons in what Hundred Pledge Dosein Ward or Mainprize they were and from whence they came and where they returned 4. And if he was killed by false judgement then you are to enquire who were the Judges who the Officers to form the Judgment and who accessaries and if of false witnesses who they were and the Jurors 5. And if he died of his own felony then that you enquire the manner and the value of his goods and the name of his parents and the finders and of the neighbours and the value of the waste Note that you are also to enquire of the Accessaries and they are nine in number viz. 1. Those who command 2. Those who conceale 3. Those who allow and consent 4. Those who see it 5. Those who help 6. Those who are Partners in the gaine 7. Those who knew thereof and did not interrupt or hinder it by forbidding 8. Those who knowingly receive such Offenders 9. Those who are in the force All which you are to enquire of Also
for the performance of the covenants c. aforesaid on the part and behalfe of the said C. D. to be performed procuring five sufficient Sureties to be bound in 100 l. a piece with the like conditions A. B. grants to the said C. D. that he the said A. B. shall within the space of one yeare next after the said C. D. shall deliver or cause to be delivered to the said A. B. the said Quietus est being discharged and saved harmlesse from all payments penalties fines c. upon the reasonable request of the said C. D. shall deliver or cause to be delivered up the said obligations so to be made by the Sureties of the said C. D. c. To be bayliff during the pleasure of the Sheriff He must execute every precept warrant with speed and secresie making a true returne by the space of four dayes before the respective returns thereof and keep harmlesse the Sheriff his c. of and from all escapes c. He shall truly pay to the Vnder-sheriffe the Blanck-farme within the said Wapentake within sixe dayes next after she Annunciation and St. Michael and shall at his owne charge levy and collect all summes of money of what nature soever within the said Wapentake as are due to his Highness or c. He shall enquire of the goods and chattels of Felons Fugitives of persons outlawed and condemned waises estrayes c. delivering them to the Sheriffe within one moneth next after the seisure He shall give lawful summons to all Jurors Free-holders as shall be appointed to appeare at the Assizes Justices of the Peace c. attending personally himselfe at the Assizes Sessions c. to make his just returns c. He shall deliver before the twelfth of January next unto the hands of the said Sheriff c. a paper booke faire written containing the names c. of all Free-holders resiant in the Wapentake And shall save and keepe harmlesse the Sheriff his c. from all issues and amerciaments c. for not returning or misreturning of any Free-holder He shall bring or cause to be brought all persons by him arrested c. And upon all arrests of persons baylable take bond with 2 sureties for appearance and shall deliver the bonds to the under Sheriffe sixe dayes before the dayes of appearance He shall not sel any goods by him taken c. nor shall keepe them by the space of foure dayes but shall deliver them to the under-sheriffe with the appraisements He shall within 6 dayes after notice to him given by the Sheriff come to his office to make a perfect account for all fees for arrests c. 8 Item That the said C. D. his Deputy and Deputies dues profits c. during the time he hath continued baylif c. returning the overplus to him of the sums so deposited by him He shall after the severall general Assizes Sessions of the peace be ready in his owne person to conduct the prisoners condemned to the place of Execution shall aid the Sheriffe to apprehend Traytors c. The returning the Devastavit A covenant to the high Sheriff the undersheriff to save them their Clerks harmless touching the return of the Devastavit and to pay all costs c. that they shall be put unto They binde themselves in the penalty of 300 l. for the performance of it Co. upon Mag. Chart. cap. 17. 4 Inst cap. 59. sol 271. Mirrour cap. 1. Sect. 13. Articuli super Chartas See Brit. cap. 3. fol. 3. Stamf. pl. coron 48. c. Register 177. F N B. de Coronatore elegendo de electione viridariorum Co. Int. 2. fol. 174. 175. In Scaccar inter praecept term Hil. 14. E. 3. ex parte remem regis 20 H. 9. Dyer 1. Eliz. fol. 165. Daltons Iustice of Peace Co. 2. Inst Magn. chart cap. 17. Mirror cap. 1. sect 13. Croke 1. part fo 95. Sir Wil Withipoles case In case of death an Inquisition super vis corp per sacr prob legal hom where not good Poph. rep fol. 202. Harison against Errington Poph. rep fol. 209 210. Stat. 4. E. 1. Co. lib. Intr. fol. 354. Smiths CoÌ„mon wealth of England cap. 24. Stamf. 52. City of York The Oath of the fore man of the Jury The oath of the â—est of the Iury. York ss The oath of the evidence What are Deodands and what are not 14 H. 7. 31. 4. H. 7. 3. Pl. Com. When the Sherif is Plaintif in an action of waste the Estrepement shall go to the Coroners He may take posse Comitatus Fitz. tit Coron fol. 221. 371. 5. H. 7. Note The Sheriffe shall have Counter-rolls of Appeals c. Middlesex ss Middlesex ss Middlesex ss Middlesex ss Felo dese Middlesex ss No forfeiture of Lands Lamb. E. 4. c. 4. Britton cap. 29. cap. 61. Flet. E. 2. c. 62. Br. 21. 23. Powel Suit reall what it is Leets how first granted Kitch fol. 6. Dyer fo 64. 13. Termes of Law Co. L 4. 33. L 6. 12. Extrinsical offences Intrinsicall offences Co. 8. 38. A Suitor refusing to make presentment or refuseth to be sworn No commitment to prison c. yet he may take a Recognizance for the peace Co. Inst 4. fol. 263. Magna Charta cap. 17. No Indictments of felony for death 28 E. 3. 95. 21 E. 4. 21. 3 H. 7. fo 1. Br. Leet 19. 25. Br. Leet 26. Dyer 234. Fitz. tourn 1. 4. Styles prac Reg. Delta sol 155. Fitz. Leet 11. Stat. 9 H. 3. c. 33. 52 H. 3. c. 2. 10. Br. Leet 42. Fitz. 160. c. 161. 1 R. 3. cap. 4. Westm 2. 6 H. 4. fol. 1. 2 H. 7. fol. 4. Coo. on Lit. lib. 2. c. 11. p. 194. Co. part 8. 43 E. 3. 9. Avowry 80. vi 11 H. 4. 89. 12 H. 7. 15. 11 H. 4. 88. 11 E. 3. 9. Avowry 155. 10 H. 6. 7. Co. rep 8. Griesleys case 29 E. 3. 36. 41 E. 3. 26. 9 H. 6. 41. Custome Ass 13 E. 3. Avowry 105. 47 E. 3. 12. 10 H. 7. 21. Stat. E. 1. 4. Hill 21. E. 3. Bar. 271. Inquiries The oath of the fore-man of the Inquest The oath of the rest of the Inquest The first consideration The second consideration Deut. c. 6. The third consideration What an oath is Hebr. cap. 6. v. 16 17. Malac. 3. High-Treason Petty-Treason Felony Rape Burglary Petty Larceny Phisnomy defaced Misprision of Treason Sorcerers and Conjurers and Witches Sacriledge Taking of Doves young Pigeons Goshawks fish Cignets Swans Peacocks domestick Deere and Robbery Burning of houses or barnes Acessaries Escape voluntary Escape negligent Rescue Constables Tything-men Stocks Hue and Cry Common Nusance Bridges decayd Common Pounds Surveyors of high wayes Ditches hedges and high wayes kept and scoured Boundaries ' Hedg-breakers Pound-breach Blood-shed Rescous Common Barretors Alehouse-keepers Forestaller Regrator Ingrosser Assize of bread Brewers Victuallers Inne-holders Butchers False weights and measures Tanners Curriers Shoomakers Searchers and