driving there be found any Filly or Fole or Gelding not able to beare Foles or not able to worke the same shall be kild and buried None ought to put upon a Common any Horse Mare or Gelding infected with Scab or Mange upon paine of forfeiting ten shillings Note that the presentment against this Statute ought to be certified by the Steward at the next Sessions of the Peace upon paine that he shall forfeit forty shillings Hue and cry 18. Ed. 2. ALL commonly are taken and called at the Summons of the Sheriffs and at the cry of the Country to pursue and arrest the Felons when occasion shall be as well within Liberties as without 3. Edw. 3. chap. 9. And if the Robbers escape the hundred with the Liberties thereof shall make recompence to the party robbed within halfe a yeare after the Robbery committed Winton 13. Edw. 1. chap. 2. And if it be upon the borders of the Hundred then both Hundreds shall make recompence Westminster 1. chap. 9. To take Felons the Statute will that all commonly be ready at the commandement and at the Summons of the Sheriff and at the cry of the Country to pursue to arrest Felons when occasion shall be as well within Liberties as without and shall give a Fine to the King for not doing See the Statute of Winton in the time of Edw. 1. The Office of the Crown title Coroners 2. Have power to inquire if Hue and Cry be made and if all follow the Hue and Cry and he that doth not and upon this is convicted he shall be attached to appeare before the Justices of the Goale delivery 21. Edw. 1. If a Forrester Park-keeper or Warrener shall finde Malefactors wandring to make some dammage there after the Hue and Cry raised to the Peace of the King they that will not stand and yeeld themselves but to execute their malice and to continue it and to the disturbance of the Kings Peace do fly away and by force and armes defend themselves If they shall kill these Malefactors they shall not for this occasion be called before the King and the Justices High Waies 2. 3. P. M. chap. 8. FOr amending of High Waies to Markets shall be chosen Tuesdayes or Wednesdayes in the weeke of Easter two Surveyors and if any chosen refuse the paine is twenty shillings and by that Statute every Laborer ought foure dayes to worke and their dayes shall be appointed the next Sunday following in the Church and to be made before Midsummer He which hath a Carve of Land or pasture or a Cart shall be there foure daies with it and two men upon paine of ten shillings a day And every House-keeper Cottiger and Laborer not being hired Servants by the yeare shall be there foure daies upon the paine of twelve pence a day and ought to labour eight houres in the day Provided that every one before charged 5 Eliz. ch 13. labour 6. daies and that giveth Liberty to take Rubbish small stones of quarries sand gravell or Synders and to gather stones upon other mens Lands and provideth liberty to turne the course of Waters out of the Highwaies and that Ditches of every part of the Highwaies be scowred by them adjoyning 8 H. 7. fol 8. and that Trees Hedges and Bushes be cut by the owners which grow adjoyning to the High-waies 18 Eliz. chap. 9. according to the Statute of 5. Eliz. by which the waies ought to be opened and the People to have ready passage Every one chargeable as a Cottiger by former Law and assesse in goods at five pound or forty shillings in Lands if he dwell not in London shall finde two men every one of the six daies And if one dwell in one parish and hath part of a Carve of Land there and part in another parish he shall finde a Cart where he dwelleth And if one have two plough Lands in two severall parishes he shall finde in every one a Cart. Paine ten shillings for not scowring of Ditches and cutting Bushes according to the Statute fifth yeare of Elizabeth Paine twelve pence the Rod for not ditching and scowring Ditches paine for casting out that which is scowred in Ditches into the High way for every loade twelve pence The halfe of all forfeitures by these Statutes shall be to the Church-wardens to bestow upon waies Wardens of the Church Hats and Caps 13. Eliz. chap. 16. EVery person within the age of six yeares ought to use upon the Sabboth and Holy daies if it be not in the time of their Travell out of the Town upon their Head a Cap of Wooll made and dressed in England Except Maydens Dames Madams and Gentlewomen Noble Personages Every Lord and Knight Gentlemen of twenty Marks and their heires such which are in any Office of worship in City or County Are excepted also Wardens of worshipfull Companies in London Are excepted also The Forfeiture is three shillings foure pence the day one halfe to the Lord of the Leet the other to the Poore Also the Parents Gardians Governours and Masters ought to pay the Forfeiture for their Children Servants and Wards 21. yeares till they be out of their charge Hempe IF any water any Hempe or Flax in any River 33 H. 8. chap. 13. running-water streame or any other common Pond or water where Beasts are used to be watred but only upon the Land where pits appointed for the same or otherwise in the severall Ponds they shall forfeit twenty shillings and remedy given to sue for the same in a Leet by Action of Debt bill plaint information or otherwise Musters 4. and 5. P. and M. chap. 3. HE that refuseth to come to Musters before any person authorised to take it shall be imprisoned for ten daies if he do not pay to the Queen forty shillings And if any person appointed to take Musters receive any Money to release any appointed to serve he shall forfeit ten times as much as he receives Mortmayne 7. E. 1. West 2. c. 32. NO man entred into Religion or other whatsoever to buy or sell Lands or Tenements or under colour of gift or Tearm or by reason of any others title whatsoever to receive Lands or Tenements of any body or by any other Art or Wit to presume to appropriate it unto himselfe upon the forfeiture thereof by which the Lands and Tenements aforesaid should come to Mortmain by any meanes If any shall do contrary to this Statute it is lawfull to the cheife Lord of the Fee within a yeare from the time of the alienation thereof to enter and to hold in fee and Inheritance and if the cheife Lord be negligent then the next cheife Lord may enter within halfe a yeare after and so every Lord shall have halfe a yeare till it come to the King Riots 1. M. 1. chap. 12. IF any persons to the number of twelve assemble unlawfully to alter and change Lawes to breake Enclosures Bankes Conduits Stankes Fishponds Houses Barnes
work or three pence and of every one which hath a Gate into the Wood a Hen is a custome allowed 11 H. 6.2 Custome or prescription to have House-boote in the Lords Wood is good but not to have Wood to sell 11 H. 6. f. 11. Custome that within the Mannor of D. the Wife shall have the whole Land of her Husband in Dower whilest he is unmarried and if she marry that she shall forfeit that is good and allowable 21 Ass 11. Custome that a Woman covert may demise and surrender her Copy-hold to the use of her Husband this custome is not allowable but custome that an Infant at his age of discretion may surrender his copy-hold that is good but contrary of an Infant within age of discretion to make a surrender 21 H. 7. fol. 26. Lord to prescribe that every Tenant of his Mannor ought to Impound distresse taken within his Mannor in his Pound is not good for he may Impound in his owne Land 8 Ed. 4. fol. 19. Those which are Fishets in the Sea may prescribe to goe upon the Land adjoyning to the Sea to Fish for that is for the Common wealth but to digg to fix the Stakes to dry their Nets is against common right and is not good 21 Ed. 4. tit 50. Custome to turne his Plough upon the head-land of another is a good custome 40 Edw. 3. fol. 9. Custome to pay to the Lord five Marks for Releife and not more hold he more or lesse is good 44 Ed. 3. fol. 13. Custome that the Tenants ought to choose a Beadle amongst them to geather the Lords Rents is good 2 Mar. tit Prescription B. 100. Custome may be alleadged where there is no person that may prescribe as Inhabitants cannot prescribe but alleadge custome there to have Common in D. for one goes with the person and another with the place and prescription with the person by 21 H. 7. fol. 13. that is That all the Tenants have used to pay after their death a Harriot is not good but that the Lord hath used to have after the death c. he may prescribe 18 H. 8. fol. 2. Inhabitants by Fitzherbart cannot prescribe to have Common but the Lord may prescribe for him and his Tenants c. of time out of minde c. 7 Ed. 4. fol. 24. It seemes that Inhabitants cannot prescribe to Intercommon because of Neighbourhood but Inhabitants may prescribe to have easement that is to say That they have a way or other thing of easement but not to take profit 12 Ed. 4. fol. 2. It seemes by Catesby that the Inhabitants of D. may prescribe that they have used to pay but three pence for Toll 18 Ed. 4. fol. 3. It is sayd that the Inhabitants of D. cannot prescribe that they have used to have Common in anothers Freehold but that they have used to have a way 15 Ed. fol. 28. the same 40 Ed. 4. fol. 18. Schollers of Oxford and Justices of Assise may prescribe to have principall of Houses notwithstanding they are not corporate for that they are for the Common wealth 26 H. 8. fol. 6. Parishoners may prescribe to choose two Church-wardens of a Church every yeare and good 11 Ed. 4. fol. 2. Serjeants at the Law may prescribe that they have used to be Impleaded by Originall and not by Bill and so prescribe in usage 20 Ed. 4. fol. ult Officer which hath his Office at will may prescribe as Cheife Justice of the Bench and other which have used to give Offices 22 Ed. 4. fol. 18. The Lord Chancellor of England which is at will may prescribe in usage that is to present to all Benefices under forty Marks which are in the Kings right but he ought to prescribe in his Office that is that all Chancellors c. and so many Justices prescribe 20 H. 6. fol. 9. the same 12 H. 7. fol. 14. Officers may prescribe that they and all the Officers whose Estate c. Have used and so forth c. Note how one shall have a Rent or a thing which cannot be granted without Deed by prescription 13 Book of Ass 4. Rent was recovered by Verdict in Assise where the Assise found that he and those whose Estate he hath were seised of time out of minde and so note Rent recovered by title of prescription and the party shews a deed by which he purchased the Rent but not a Deed of the beginning of it Littleton fol. 34. saith Such things which cannot be granted nor aliened without Deed or Fine a man which will have things by prescription he cannot otherwise prescribe but in him and his Ancestors whose Heire he is and not in him and those whose Estate he hath for that that he cannot have his Estate without Deed or other writing which he ought to shew 12 H. 7. fol. 14. One avows for that that he and all those whose Estate he hath in the Hundred have view of Frank pledge and that by reason of ten Acres within that he ought to make Suite at the view c. 22 Book of Ass 53. Ass One makes Title to Rent that he and his Ancestors Lords of the Mannor of D. and those whose Estate he hath of time out of minde have used the Rent and this is good without shewing a Deed of purchase of that being appurtenant to the Mannor 11 H. 6. f. 14. To say that he is seised of a Messuage and twenty Acres and to prescribe that he and all those c. have used House-boote and Wood to sell it is not good to prescribe to sell it Custome shall be taken strictly Custome of London is that a Citizen and a Free-man may devise in Mortmaine but a Citizen which is a forrainer cannot devise in Mortmain for it shall be taken strictly 5 H. 7. f. 10. 5 H. 7. fol. 41. Custome that an Infant of the age of fifteen years may make a Feoffment yet a Lease and Release which mounts to so much is not good 22 Ed. 4. Tit. 17. Infant by custome of Gavelkinde at the age of fifteen may make a Feoffment yet he cannot make a Will upon the same Feoffment for custome shall be taken strictly Perkins f. 83. Where the custome is that the Wife shall have halfe the Lands of her Husband for her Dower yet shee shall not have the halfe of a Faire or a Bailiwick for they are not Lands and shall be taken strictly 38 Ass 18. By the custome of London a Citizen may devise Lands which are within the same City in Mortmain but not Lands out and Forrainer cannot devise Land in London in Mortmaine Costs against the Plaintiffe THat in every Court in trespasse upon the Statute of 5 R. 3. chap. 7. Debt covenant by specialty or upon contract Detinue of Goods account action upon the case or upon the Statute for personall wrong ought to be remedied if after appearance of the Defendant the Plaintiff be nonsuited or a Verdict passe against him the Defendant shall recover his costs
JURISDICTIONS OR THE LAWFUL AUTHORITY OF Courts Leet Courts Baron Court of Marshallseys Court of Pypowder and Ancient Demesne TOGETHER WITH THE MOST NECESSARY Learning of Tenures and all their Incidents of Essoynes Imparlance View of all manner of Pleadings of Contracts of the nature of all sorts of Actions of Maintenance of diverse other things very profitable for all Students of Innes of Court and Chancery And a most perfect Directory for all Stewards of any the sayd Courts Heretofore writ in French by the methodically learned JOHN KITCHIN of Grays-Inne Esq And now most exactly rendred to more ample advantage in the English tongue with a demonstrative Table pointing out all matter of consequence throughout the whole Work Whereunto is added the authentick formes of all manner of Writs with their severall returnes in English very usefull for all men in this Common-wealth as they be now used LONDON Printed by T Roycroft for M Walbancke at Grays-Inne Gate and H Twyford in Vine Court in the Middle Temple 1651. TO The Students of the Innes of COURT AND CHANCERY JOHN KITCHIN wisheth happinesse TO the end no failer in the administration of Lawes from which the Common-Wealth receives its establishment may through ignorance be admitted as much as my abilities have prompted me unto for direction of such as keep Courts I have here preferred at once both to profit and censure both which I shall as justly expect as that I am confident my indeavours are neither fruitlesse nor free from Errings having neither been industriously idle nor blessed with infalibility yet such as they are I most seriously wish them to your advantage who are many of you imployed in the keeping of Court Leets Court Barons and other Courts and Jurisdictions And therefore I have here in this Book collected all such cases out of our Books of Law under such generall heads and notions which are upon any occasion to be discussed so that those who either have not the said Books at large or have them and yet want time to peruse them may here for sweatlesse labour receive satisfaction in exchange whereupon I have fixt my hopes that ignorance the naturall Mother of Errour which hath so much fostered it selfe in those imployments into which many Ignaro's have thrust themselves with ignorance and confidence of equall size will lose its no-being in Judiciall performances and that the knowledge of the Law in this kinde may prove impulsive to the Love of Justice which is alwaies the lesse regarded by how much Ignorance is her Enemy Ignoti nulla Cupido For desire and nothing are the same where the understanding is not felicitated with apprehension which here I teach as far as it is essentiall for any man Quatenus he is a Steward of Courts in which duty I wish him Jurisprudentiall for his owne Honour and the Publique benefit desiring nothing in requitall but your kinde accepctance From GRAYS INNE THE PREAMBLE FIRST before I write of the Order of Courts Leets Courts Barons you ought to consider for what cause the King was ordained of God Secondly For what cause the Law was ordained Thirdly How ancient these Courts are and for what causes and matters they were ordained and also how necessary it is that the Law be duely and truely administred in these Courts And first Fortescue leafe the 30. saith As a naturall body cannot be without a head so a Realme cannot be governed without a head which is the King And there he further saith That whensoever of many one is constituted amongst them one shall be Governour and the rest shall be governed Britton leafe the 1. saith The King is ordained of God that the Peace be kept the which cannot be well without Law And Fortescue also saith All power is of our Lord God Bracton saith also That the King is Gods Vicar upon Earth to seperate right from wrong Justice from Injustice that all which are Subjects to him should live honestly and none should hurt another but that to every man which is his owne by a rightfull contribution should be given for he is called King by well Governing Stamford leafe the first saith The King is the preserver nourisher and Defender of all his people and that by his great travell study and labour his people onely injoy their lives Lands and Goods But all those which they have in peace and tranquility and that by the Law And as the body of a man cannot live without the head but will fall downe unto the ground so the Common-wealth cannot be governed without a head which is the King Also Seneca saith Where there is not a Governour there the people will be confounded Prov. Chap. 11. Where there is not a Governour the people goe to ruine Rom. chap. 13. There is no power but of God and which are the true Powers are ordained of God The Person of the King and the Queen his Wife By the Commentaries leafe the 45. By the 7. of Edw. 2.34 The King is a Corporation See 1 H. 7. leafe 10.21 Edw. 4. Title Age it is no Plea that the King is within Age 1 Edw. 6. title 373. the King shall have his Age as Duke of Lancaster and not as King by the Commentaries leafe 213. See Stamford 10. If the King grant a Lordship to one in Fee the Grantee shall not have his Prerogative but if he grant that for life to the Queen and Prince that remaineth in the King and for that the Queen and Prince shall have Prerogative and though that the Queen is a person exempt from the King and may sue and be sued in her owne name yet that which shee hath is the Kings 1 H. 7. leafe 29. where a Reversion was to the Queen Ayd shall be of the King by Townsend and by some of both the Benches Stamford 75. Petition shall be to the King himselfe onely and not to the Queen or Prince 3. H. 7. leafe 14. The Queen is as a common person and as a Woman alone to let for life and to make personall things 11. H. 7. leafe 7. The King letteth to the Queen for life and shee leaseth at will In Trespas against the Tenant at will he shall not have aide of the King for he is a stranger to the Patent of the King 7. H. 7. leafe 17. 18. Edw. 3. leafe the first Phillip the Queen brought a Quare impedit and held that the Queen may bring a Writ in her owne Name and shall finde no pledges and for that it shall not be in the Writ Vnde c. 20 Edw. 4. leafe 1. Fitzherbert 101. 21. Of the Book of Assises 13. the sayd Phillip brought Deceit of a Fine levyed by Tenants in ancient Demesne at the Common Law 19. Edw. 4. leafe 2. J. B. granteth to the Queen the next Advowson of the Church of Dale and shee alone of that bringeth her Quare Impedit 49. Edw. 3. leafe 4. The King may give to the Queen for her life and shee may have
or to burne Stackes of Corne or such like Riots and Proclamation be made by the Sheriffe or Justice of Peace and notwithstanding they remaine together by the space of an houre after the Proclamation made every such attempt is Felony every Coppy-Holder being a Yeoman Husbandman or Labourer being of the age of eighteen years or under forty not sick nor having reasonable excuse and being required by the Justice Sheriff or his Immedidiate Lord to serve to apprehend the persons aforesaid and refuse he shall forfeit his Estate during his Life and his Lord may enter The Farmor being a Yeoman and refusing is in the same case to his Landlord Also it is Felony if a Man Woman or Servant or other person without compulsion bring send or deliver any Money harness Artillery Weapons or Victualls to any persons assembled in such manner and not depart to their Houses upon Command or Proclamation made as is aforesaid and if any number besides the number of those which are assembled and upon Proclamation made do not depart Justice of Peace or cheife Officers of the City or Burrough corporate may raise power to suppresse them And if any Officer kill any of those rebellious persons or maim them they shall be free Also if any person knowing such pretended rebellion and do not reveale the same within twenty houres after such knowledge had of it he shall be imprisoned by the space of three Moneths without Baile or Mainprise unless he be otherwise discharged by the Justice of the Peace Also if any refuse being able to suppress such Offendors he shall suffer Imprisonment for a year without Baile or Mainprise Also if any hinder or let that Proclamation cannot be made this is Felony Note that this Statute ought to be read or openly declared in every Leet 10. H. 7. fol. 12. If one come and enter into Land with more then is accustomed to have attending upon him that shall be said with force 21. H. 7. fol. 39. One may make an assembly of People in his House to aid him for that it is his Castle but not to go to Market although he be threatned 17. Edw. 4. fol. 4. Where there is an assembly in manner of War and no Act done it is no assault by Pigot if they draw no Weapon c. Quere Riot is not unless three at least which do an unlawfull act An unlawfull assembly is if the People assemble themselves together for an ill purpose though they do nothing Rout is where there assemble a number and after march or ride or go apart or move to ill in their own quarrells though there be no act done title five in Marrows reading as to throw down inclosures in their quarrell this is a Rout. 14. H. 7. fol. 28. If a Disseisor have a possession by three yeares and holdeth with force Action upon the Statute of 8. H. 6. doth not lie against him but he may be indicted upon that Statute for this is for the King 7. Ed. 4. fol. 18. Indictment of forcible entry upon the Statute of the eighth yeare of H. 6. was removed into the Kings Bench and the Justices there might well award Restitution as the Justices of Peace might have before them 4. H. 7.19 32. H. 6. fol. 2. Saith in forcible entry where the Defendant pleads Title that they ought to traverse without that he entred with force see 1. H. 7. fol. 19. 7. H. 6. fol. 14. Presentment of the forcible entry the Defendant pleads to the force and armes not guily and it is not good but he ought to plead over to the Desseisin but in Trespass not guilty is good 15. H. 7. fol. 17. Where the Plaintiff maketh title and traverseth the Bar and the title is found for the Plaintiff they shall not inquire of the force for it is implied and so if the Bar be not found 1. H. 7. f. 19. If the Title be found they need not nor ought not to inquire of the force and for that that the Plaintiff alledgeth that J. S. the Defendant entred with ten persons and doth not name their names it is uncertaine and not good 2. H. 7. fol. 16. It is said that if one disseiseth another to the use of two that they two are Disseisors by their agreement afterwards not with force and if it be found against the Disseisor he shall be attaint of force 6. H. 7. fol. 12. Forcible entry upon points of the Statute the Defendant pleads not guilty and found by Verdict that he entred peaceably and not with force and for the Statute is in disjunctive the plaintiff shall recover 3. Ed. 4. fol. 20.10 Ed. 4. fol. 13. 10 H. 7. fol. 14. It seemeth a Tenant for yeares shall not have an Action upon the Statute of 8. H. 6. For it is in the realty and one cannot be Impannelled for that he cannot expend forty shillings by the year 3. Ed. 4. fol. the last 8. Ed. 4. fol. 9. 11. H. 7. fol. 15. Feoffment with warranty and rely upon warranty it is good upon the Statute of 8. H. 6. for it is in the realty but not upon the Statute 1. H. 7. fol. 12.9 H. 6. fol. 19. Queen and assurance of her Power IN the yeare 5. Eliz. chap. 1. If any extoll or set forth the authority of the Bishop of Rome against the form of this Statute he runs into a Premunire And this Statute is to be read and declared in the Leer Tracing of Hares 18. H. 8. chap. 11. NOne may Trace destroy or kill Laveret in the snow with Dog Bitch or otherwise and who doth so shall forfeit six shillings eight pence Wines 7. Edw. 6. chap. 5. NO person may utter by retaile by small measure any Gascoigne Wines or French Wine but after the Rate of eight pence the gallon at the most nor any Rochell Wine but after the Rate of four pence the gallon nor any other Wine at a higher price then twelve pence the gallon at the most upon the paine of five pound every offence None shall have a vessell of Wine in his House above ten gallons to spend there unless he be worth a thousand Markes in Goods or a hundred Markes in Lands or be the Son and Heire of a Duke Marquess Earle or Lord upon the paine of ten pound Note that Vintners of London have a toleration for them and others authorised by them by Letters Patents from the King for diverse yeares to come to dispence with them that they shall not sell according to the price comprised in the Statute Now if all the defaults and paines which were presented at the last Leet are amended or not as they ought and present them and of them and of all other matters and defaults common annoyance to the Common-wealth you shall inquire of and present Then after this charge is given the Steward shall command the Cryer to make Proclamation and after Proclamation made three times then the Steward shall say If any can informe the
and took Hares Coneys and Pheasants and not his and good for he hath no property 22. H. 6. fol. 65. Doctor Student fol. 9. None hath property of Birds Fowle wilde Beasts of Forrest and Warren yet the eggs of Hawks Herons and such like are to them which owe the Land Fitzh 67. No man shall be taken and imprisoned for Vert or Veneson if he be not found with the manner or indicted Nat. bre fol. 41. the same See Britton fol. 84. 18. Ed. 4. fol. 14. Where a man licenses me to hunt and kill a Buck in his Park my servant cannot come in by my commandment for the license shall be strict to him to whom it is given 2. Ed. 4. fol. 5. Trespasse one cannot justifie by license of a Keeper to kill a Deer 16. Ed. 4. fol. 7. Trespasse by force of armes he broke his Dove-house and took his Pigeons in the same and good but not abroad when they are out and have no mark and are in the fields 38. Ed. 3. fol. 12. Trespasse for entering into his Warren and took his Pheasants it was held that if the Defendant fly a Pheasant in his own land out of the Warren and his Hawke fly and kill in anothers Warren his entry into the Warren is a wrong Treheron in his reading shewed that Forrest ought to be by Commission and Proclamation and that a common person cannot have a Forrest that is to say cannot make a Forrest nor use Forrest-Lawes as it is said And to a Forrest there are divers Officers and to this is incident a Court of Swannimote but a common person may have a Chase or Park by Grant or Prescription and Forrest-Lawes shall not be to a Chase nor Court of Swannimote the Statute of 13. R. 2 is not inquirable in a Leet but before Justices of Peace that is to say that it is that no Artificer nor Lay man which hath not Lands to the value of forty shillings per annum and no Clark which is not advanced to ten pound per annum shall not keep a Harrier or other Dog to Chase nor shall use Ferrets Hayes Nets Harepipes nor Cords nor other Engines to take or to distroy wilde beasts upon pain of imprisonment for a year yet it is inquirable in a Court Baron if any hunt or hawke within a Park Chase Warren or Demesne Lands of the Lord of the Mannour without his license and for that something of that shall be said 12. H. 8. fol. 3. Trespasse lieth for taking a Hound or Deere out of the possession of the Plaintiffe and hath possession and not property 12. H. 8. fol. 10. One hath but possession of a Deer and if they go out catch that catch may and if any Hawke kill a Pheasant in your Land it seems that I shall have the Pheasant and yet it seems that one cannot hunt nor hawke in anothers Land 10. H. 7. fol. 30. Account lieth against a Keeper for the Deer for he hath possession as a Bailiffe one may grant liberty to one to take every year a Deer or to the Keeper the shoulders of them killed 13. H. 7. fol. 10. Where a Deer is given to one he may bring in his servants to take it for otherwise peradventure he cannot serve his Warrant 13. H. 7. fol. 13. It is said If one hath license to chase he cannot kill 18. Ed. 4. fol. 14 15. H. 7. fol. 16. Fine for hunting shall be greater then the trespasse 21. H. 7. fol. 30. It is lawfull for one to kill a Hart out of the Forrest though he be proclaimed 12. H. 8. fol. 4. saith That one may distrain a Brache doing damage which enters into my Close to chase 2 Ed. 3. tit distresse 20. 48. Ed. 3. fol. 8. He that hath land adjoyning to a Chase may hunt Deer out of his ground with a little Dog but not with Begles and by some if the Dog follow them into the Chase and the owner drives them back yet if they kill the beast trespasse doth not lye Seek 18 H. 6. f. 22. Held that if a man goe in the way adjoyning to a Park and his Dogs break his Leash and kill a Deere in the Parke against his will and he call them back he shall not be punished but it seems that if he doe not what he can to hinder them it shall be a trespasse Fitzh 19. If one incite or procure his Dog to bite a man he shall have his trespasse upon that Assise IN so much that an Assise is brough of a Copy-holder some thing is to be noted to you touching Assises And first I intend That if a Copi-holder of Inheritance dyeth seised of a Copi-hold and his heire enter as he may though there be no Court kept and he not admitted and be outed by a stranger of that dissâ—isic he shall have a Plaint in nature of an Assise Seek for it is 13 Eliz. by the Justices If Tenant by Copy of Court Roll dye seised and his heire enter and take the profits he is no trespasser though the Lord hath not admitted him Tenant and though no Court were held there in seven yeares and further there said that it was adjudged in the Chancery That if Tenant by Copy of Court Roll hath issue two Daughters by diverse Women and they enter and take the profits and one dyes before any Court held now her Cozen collaterall ought to Inherite as heire to her and not the other Sister as heire to the Father which proves that this was a seisin according to their Custome The same Law is if a Copl-holder be admitted and after is thrust out by another or if another be admitted to it and by this he that was first admitted is thrust out by him which was secondly admitted the first Admittee shall have a Plaint in nature of an Assise of that disseisin Plowden Com. fol. 528. Parson before Induction cannot grant an anuity for he hath no possession so it seems if a Copi-holder dye seised his issue shall not have an Assise before admittance Fitz. 177. a. Where Tenant for life in Fee simple or Fee taile is disseised of his Lands and Tenements or outed of that against his will this is disseisin and he shal have an Assise of novel disseisin Nat. brevium fol. 107. Fitz. 195. c. Where my Father or my Mother my Brother or my Sister or my Unkle or my Aunt or Nephew or Neece dye seised of any Lands or Tenements or of Rents of an Estate of Fee simple now if a stranger take possession of this Land or Rent after their death I which am their heire shall have an Assise of Mortdancester Nat. brevium fol. 118. So for a Copi-hold in Fee If my Father Mother Brother or Sister Unkle Aunt Nephew or Neece dye seised of that and a stranger enters I shall have a plaint and make protestation to Sue in nature of a Mortdancester and upon disseisin as above in nature of an Assise of novel Disseisin
common Law and good by all the Justices for though a Formedon in discender were not given but by Starute yet this Writ now lieth at the common Law and it shall be intended that that hath been the custome time out of minde c. See Littleton fol. 14. Plaint in nature of Formedon in discender and also Littleton saith that copy-holder is where within the Mannour the Tenants within the same Mannour have used time out of minde to have Lands or Tenements to them and to their Heires in Fee simple or see Taile and though that the Statute of Westminster 2 chap. 1. is That the will of the giver in writing should be observed so that copy-hold is not within the Statute yet in these Mannors within which time out of minde they have been used to have Estates in taile in this Mannor and not in others are Estates taile of copy-holds 15. H. 8. tit 24. And now it is common usage to cut of the Taile of copy-holdes within such Mannors where there is an Estate taile of copy-hold by common recovery in the nature of a Writ of entry in the Post which after followes and also by recovery in nature of a Writ of Right and joyne the Mise as followes afterwards and another way is to cut of the intaile and that is by presentment that the copy-holder hath made a Lease by Indenture for divers years or other forfeiture and then the Lord to seise for that and to surrender to the Purchasor and these two waies are allowed for good It is said that five grounds of Law in England is and hath been in diverse particuler customes the which customes though they are against the generall customes of Law yet they are in effect and are taken for Law and so I intend that this custome of copy-hold Estate for that that it hath continuance by prescription is good by the Law that the copy-holder hath an Estate by custome and Law also and that of that may be an Estate taile where that hath been used by prescription Doctor and Student fol. 20. Copy-holders COpy-hold Lands were before the Conquest and it was called Folk-Land in the time of the Saxons and the Charter-lands are called Bock-land And also Bracton Book 4. allows of Copy-hold land and sayes That doing their Services and customes Their Lords cannot put them out And so Copy-hold Estates have in time of every King since the Conquest by all the Justices been allowed so that for the antiquity and their continuall alowance from time to time the Estates of Copy-holds are affirmed in Law yet Fitzh fol. 12. b. saith That Copy-holders in ancient times were called Tenants in Villainage or base tenure But this doth not make them Villaines for Littleton fol. 39. saith That some Free men hold their Tenements according to the custome of certaine Mannors by Villaine Services and yet they are not Villaines and though at the beginning of Copy-holds they had but a base Estate and at the will of their Lords yet when they have continued their Estates by Copy of time out of minde then doing their customes and services as Copy-holders ought to doe they ought to enjoy their copy-holds whether the Lord will or no and it appears by divers Statutes that copy-holds have been in reputation for by the Statute of 1 R. 3. chap. 4. 19 H. 7. chap. 13. Copy-holder which might expend by the year 26 s. 8. d. shall be accounted of the same sufficiency to be impannelled of a Jury as he which might expend 20. s. per annum of Free-hold land and by 2 Ed. 6. chap. 8. the interest of Copy-holders are preserved notwithstanding they are not found by Office after the death of the Kings Tenant and by 13 Eliz. chap. 7. Lands of a Bankrupt as well copy-hold as free-hold shall be sold so it appears copy-hold Estates shall be regarded and those Demesnes which are in the hands of the Copy-holders are such Demesnes as the services which they do make a Mannor though the Lord have no other Demesnes in his own hands nor in his Farmors Bailiff or Servants for it is Demesnes having regard to the Lord for that that upon every Surrender the Lord hath medling and grants it over in his Court. And if you will admit that an Estate Tail by usage of time out of minde may be of Copy-hold within a Mannour where it hath been used by prescription and Plaints of Formedon have there been brought why will ye doubt but that it may be well cut off by common recovery in Plaint in nature of a Writ of Entry in the Post or at least in nature of a Writ of Right and Mise ioyned upon meer Right and after Default made by the Tenant and Judgement final given though that these Recoveries have not been used there by prescription for they are at the common Law and Plaints in nature of these Writs are to be sued there of copy-hold It is said that a Fine levied in ancient Demesne is of no worth for it is no Court of Record but it is said that common Recoveries may be sued there to cut off the Intail and good for that that the land shall be pleaded there by a Writ of Right close and not otherwise and copy-holder shall be impleaded in Court Baron of the Mannour by Plaint and not elsewhere And for that the Recoveries aforesaid to cut off the Intail of a copy-holder may be there though they were not there used before if there be Estates Tail there and if usage makes the Estate Tail and also usage makes the copy-holder to have an Estate of Inheritance by custome and is good 50. Book of Assises 9.47 Ed. 3.38 And though Littleton fol. 16. If Lord out his copy-holder he hath no other remedy but to sue to his Lord by Petition for he saith the Lord cannot break the custome which is reasonable but if such Lord will break the Custome it is no Reason to suffer such a Lord to be his own Judge and to compell a copy-holder to sue to him by Petition But for that that divers Lords are of an ill conscience that before were as I have heard for that divers grave Judges now hold that a tenant copy-holder may have Trespass against his Lord according to the opinion of Brian and Danby And this at this day seems reason for though at the beginning copy-holders had but Estate at the will of the Lord yet by the continuance of this Estate of time out of minde they have such Inheritance by the custome of the Mannour that the Lord doing his Services cannot out them and the prescription goes to the Land and not to the Lord nor to the occupation for that is copy-hold land which hath been let and demisable time out of minde c. If the Tenant by copy deny to do his Services the Lord may enter for forfeiture if it be presented by the Homage but if the Tenant by chance makes a Default at the Lords Court and
85. the same It is granted by all the justices that the King shall not out the Farmor of his Tenant by reason that the heire of his Tenant is in ward nor he which hath execution upon the Statute nor Rent charge granted by his Tenant nor grant of next Advowson Time of H. 8. Tit. Ward 44. Now if the Tearm be not found in the Office for the King yet the Farmor shall injoy his Tearm 2 Ed. 6. chap. 8. Where there is Lord and Tenant Rastall Escheat 15. and the Tenant grants a Rent charge and dies his Issue within age the Lord being Guardian shall hold this Land charged 3 Book of Ass 1. Seisin Seisin of the Guardians vests Free-hold in the Heire and Chattell in the Guardian and Seisin of the Lord of parcell sufficeth to have ward but not to avow for all and see what Seisin is materiall WHere by Office one is found in ward to the King that settles the profits in the King and the Freehold in the Heire 1 H. 7. fol. 6. and 42 Ed. 3. f. 4. Seisin of the Ward is Seisin of the Son within age so that if he dye without other Seisin the Daughter of the halfe blood shall not have this Land 8 Book of Assises 6. Possession of the Guardian is possession of the Heir for if the Guardian be outed the Heire shall have Assise without other Seisin 2 Ed. 4. f. 5. Though the Free-hold be in him which is in ward yet if he being in Ward cut the Trees of his Land in Ward the Lord may have trespasse against him 5 H. 4. fol. 2. If the Tenant holds by Homage Fealty and Rent and the Lord hath been seised of the Rent but not of the Homage within memory yet this sufficeth to have the ward 6 Ed. 6. Tit. Ward 122. If the Tenant hold by Rent and Knights Service and the Lord and his Ancestors have been alwaies seised of the Rent but not of the Homage Escuage not of the ward yet if the ward fall The Lord shall have the Ward of the Heire by Seisin of the Rent for the Seifin is not traversable notwithstanding otherwise it seems to make avowrie 7 Ed. 6. tit 69. 13 H. 4. Seisin of Homage without Escuage is sufficient to have releife for avowrie 22 Ed. 3. Tit. 90. Tenure B. By the Seisin of Escuage the Lord may distraine and make Avowrie for Homage 27 H. 8. fol. 25. Avowrie for Fealty and Rent and Issue upon the Tenure Seisin of the Rent is not good evidence nor Seisin of Suit of Court for it is another thing that the Avowrie is made for 44 Ed. 3. f. 11. Seisin of Fealty is not iufficient Seisin to have Assise of Rent but sufficient Seisin to make Avowrie for all 45 Ed. 3. fol. 23. the same Seisin of Escuage nor releife shall not be traversed and for that where one avows for Homage Fealty Releife and Escuage it is no Plea that he was not seised of Escuage nor of releife for paradventure Escuage is not assessed by Parliament within memory 13 H. 4. f. 6. Where one holds by Fealty and Rent If the Lord were seised of the Rent it is sufficient to avow for all see 29 Ed. 3. fol. 31. and 27. H. 8. f. 24. But the Issue was upon the Tenure Where one holds by Fealty and Rent Seisin of Fealty is sufficient to avow for all 45 Ed. 3. f. 28. 44 Ed. 3. f. 10. See 27 H. 8. f. 24. Seifin of parcell of Rent is sufficient to have Assise of all 8 Book of Ass 4. But if one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Nat. Bre. fol. 109. If one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Abridg. Book of Ass fol. 16. Seisin of Rent by the Predecessor of a Parson c. Of a corporation if it be gainfaid to the Successor it is sufficient to have an Assise of this Seisin Fitzh fol. 179. C.F. Seisin of Fealty is not sufficient to have Assise of Rent 20 H. 3. Tit. Avowrie 433. Where one holds by Fealty and ten shillings Seisin of parcell of the Rent sufficeth to have Assise for all Inquire time of Ed. 1. Tit. Avowrie 229. One may avow for releif without alleadging any Seisin of it 20 Ed. 3. Title One may have Escheat and Ward before that he be seised of the Services 11 H. 4. f. 16. Where one avows for that that the Plaintiff hath common in his Land and hath used to pay to him ten shillings and hath used to distraine for that it is not good without alleadging Seisin of that Rent 26 H. 8. fol. 6. Homage and Fealty And for that that the third Article of the charge is to inquire of Services withdrawn and for that that some Tenants make Homage and Fealty and some Fealty only you ought to see the form in Master Littleton fol. 18. and 19. Of making of one and of another and what shall be one and what the other and that none shall make Homage nor take Homage but such a one which hath an Estate in Fee simple or in Fee taile in his own right or in right of another and if a Woman having Lands in Fee or in taile takes a Husband and have Issue The Husband in the Life of his Wife shall make Homage but before Issue it shall be made in both their names and if the Wife dye the Husband shall not make Homage HOmage shall not be made to Tenant in Dower for it shall be made to none if he hath not Inheritance 22 Ed. 3. f. 19. 7 H 4. fol. 21. He which holds by Knights Service shall make Homage Litt. fol. 22. He that holds by Socage may hold by Homage and shall make Homage One cannot avow upon a Husband and a Wife as of right of the Wife for Homage unlesse that the Husband hath Issue by the Wife but if he avow upon them it need not be alleadged but it shall be intended that they have Issue see 44 Ed. 3. fol. 41. and 43 Ed. 3. fol. 13. Corporation cannot make Homage for corporation cannot appeare but by Attorney 33 H. 8. Title Fealty 15. Bishop or Abbot may take Homage contrary of Parson of a Church Time of Ed. 1. Tit. Fealty 12. In a Perque servitia an Infant was constrained to attorn and to make Fealty notwithstanding his nonage 20 Ed 3. Tit. 19. Tenant for yeares shall make Fealty to his Lessor Lit. fol. 29. D. 9 H. 6. fol. 43. and 5 H. 7. fol. 11. accordingly where a Rent is reserved By all the Justices that Tenant for yeares shall not make Fealty for it is as I beleeve to be intended not to the Lord but to the Lessor 10 H. 6. f. 13. It seems that a Lessor may avow upon a Lessee for years as within his Fee by the Mannor and for that shall make Fealty to his Lessor and may avow for
grant an Office to one which knows not how to use it It is said that the grant is void and Justices may refuse him 5 Ed. 4. tit 48. the same 9 Ed. 4. fol 6. The King grants Office the Patentee may make title in assise without shewing that it was an Office before But if the grant was with vales and fees it is not good unlesse there be words Constituimus if there were none before 9 Ed. 4. fol 6. If the King grant the Office of one of the Clerks of the Crown to 2. the grant is good but grant to two to be chief Justice is void for it is a Judiciall office 18 Ed. 4. fol 8. The King grants the Office of chief prenotary to two that is void and the Justices may refuse to enroll it for two cannot have the keeping of the Rolls 29 H. 8. Tit. 47. If a man hath a fee of a Lord and after is made a Justice this fee is not void but after he is made Justice he is not to take fee of any but of the King But where a Parson is made a Bishop the Parsonage is void for he cannot be Ordinary to himself nor punish himself 3 H. 7. fol the last The King cannot grant the Reversion of an Office to J. S. by that name but reciting how that such a one shal have and hold such an Office for tearm of his life of Our speciall grace We grant the Office aforesaid to J. S. to have after the death c. See 32 H. 8. Chap. 27. 9 H. 7. tit 44. If the Warden of the Fleet do not bring in his prisoner which is commanded by the Court that is a cause of seising his Office And if a prisoner condemned escape he is to pay the condemnation 11 Ed. 4 fol. 1. by Vavisor Not attendance is a cause of forfeiture of the Office Westm 1. Chap. 26. No Sheriffe nor other Minister of the King shall not take reward to do his office and who doth shall restore double to the Plaintiffe and shall make Fine to the King Westm 1. Chap. 29. No servant accomptant nor other make any disceit or collusion in the Kings Court or consent to make that in deceit of the Court to wrong the Court or party and of that be attaint he shall have Imprisonment for a yeer and a day and be not heard in Court to count for none and if there be another which counts he shall be imprisoned a yeer and a day Fitzh 172. O. No Victualler ought to use to sell victuall or wine by great or retail so long as he is in Office as Mayor c. To keep the assise of bread and wine Fitzh 173. A. Victualers shall not be chosen to office of Judge in Towns and Cities but for default of others and then they shall not sell victuals See of that divers Statutes Processe of Execution JOhn Kitchin Steward to his Bayliffe health Because Rob. B. hath recovered against W.E. 31. s. in a Plea of Debt and 12 d. for charges and costs of which the said W. in the same Court was convicted by the Judgement of the Court. Therefore you shall cause to be levied according to the custome the aforesaid 31 s. in the said Court adjudged and the said 12 d. for charges and you shall have the said money at the next Court to pay to the said Rob for his damages aforesaid and have there this Precept and how c. dated the 24th day of April the yeer of the Reign of the Queen c. 21. Pound overt For that that in the 15th Article of the Charge it is to be enquired if any Distresse put into the Lords Pound be taken out without Authoritie for that let us see some things touching open Pounds SEveral pasture of one is provided for the time though it be not an open Pound for that is adjoyning to the Kings high way which is called an open Pound 5 H. 7. fol 9 If a man distrain his tenant in Fee for life or yeers for Rent he cannot impound in the same Land where he takes the Distresse but for dammage doing he may 21 H. 7. fol 39. By Choke If one take Beasts in the name of Distresse he ought to put them into an open Pound for that that he which is distrained may give to them sustenance otherwise he cannot give them meat But if he distrain dead chattels I may put them where I will but if they spoil in my default I must answer for them 9 Ed. 4. fol 2. B. If Distresse be taken out of the open Pound of the Lords of the Town he which distrains shall have a Parco fracto and not the Lord and the remedie for the Lord is presentment in the Court Baron 21 Ed. 4. fol 19. Fitzh 100. G. Where one distrains doing dammage or for Rent or service and impounds them in the common Pound or in another Pound or place which is a lawfull Pound and an other takes them out he which distrained shall have a Writ called Parco fracto of that taking out of the Pound The same Law is if they were impounded in a Close of his freind by his license and are taken out he which distrained shall have a Parco fracto and his freind Trespasse why by force of arms he broke his Close Fitzh 100. E. If Distresse be put in open Pound and they dye it is the losse of the owner but if they be put in another place it is not so And though sufficient amends be offered yet he cannot take the Distresse out of the Pound but ought to sue a Replegiare And then if it be found that sufficient was tendered he shall recover dammages for the refusall But if the Distresse dye in open Pound though sufficient amends were offered yet it is to the losse of the owner so that he ought to give to them sustenance Doctor Student fol. 113. If Distresse taken doing dammage be put in a Pound the Defendant may justifie that he hath Common in the place where the taking was and made fresh suit and came to the Pound and there he found that unlockt and took his Beasts this is lawfull upon fresh suit and being unlocked So it seems in all cases where the Distresse is taken without reasonable cause upon fresh suit and Pound unlocked the owner may take them out of the Pound 30 Ed 3. fol 171. 3 H. 6. fol 15. Defendant in Replegiare may say that he put the Beasts in open Pound and there they dyed and he shall not wage deliverance 5 H. 7. fol 9. If the Defendant in Replegiare take beasts and drives them away and doth not put them in an open Pound and they die this is not in default of the Plaintiffe But if he put them in an open Pound within the County it is not to be said that they are conveyed away but the Plaintiffe at his perill is bound to take knowledge where they are and to give them meat 39. H. 8.
a man pleads death of the Defenfendant hanging the Writ he shall not plead that after the last Continuance for that by this the Writ is abated in deed contrary of a Plea which proves the Writ abateable 34. H. 6. fol 49. At the day of Nisi prius the Defendant pleads to the Writ that one of the Plaintiffes was dead after the last continuance at D. in the County of Darby Judgment of the Writ and the Plea recorded and the matter adjourned and had that Plea 14 H. 6. fol 9. 38. Ed 3. fol 5. Precipe by a Woman the Tenant tenders his Law of not summoned and at the day was essoyned and at the day saith that the Demandant took a Husband after the Law tendered and for that that he did not say after the last continuance that is after the essoyn it was held no Plea 4. H. 7. fol 8. A man shall have but one Plea after the last continuance 38. H 6. fol 33. the same 16 Ed 4. fol 5. A man may plead a Plea after the last continuance after Issue joyned and in another Tearm till Verdict but not mean between Nisi prius and the day in Bench. â— H. 7. fol 8. A man shall not have a Plea after the last continuance unlesse such Pleas which were not in being at the time of the first Plea for otherwise it is not after the last continuance Maintenance In so much that Maintenance may be the better avoided let us see what maintenance is forbidden by the Law THat no Clark of a Justice or Sheriffe shall not maintain parties in quarrels nor in businesses which are in the Kings Court West 2. chap 28. That none of the Kings Counsellors nor none of his house nor none of his other servants nor no great ones of the Land by sending of their Letters nor in other manner nor no other of the Realm shall not undertake to maintain quarrels nor parties in the Country in disturbance of the Common Law 1 Ed 3. chap 14. See 20 Ed 3. chap 3. That no Counsellor Officer or Servant nor any other persons shall not uphold or maintain any quarrels by maintenance in the Country nor elsewhere first of R. 2. chap 4. That henceforth none buy or sell or take promise grant or Covenant to have Mannors Lands Tenements or hereditaments But if such person which sells their Heirs or they by whom they claim have been in possession of the same or of the reversion or remainder of that or hath taken Rents or profits of that by the space of one whole year next before that bargain Covenant Grant or promise made upon pain of him that bargains to forfeit the value of the Lands And the Buyer also knowing that to forfeit also the value of the Land the one half to the King the other to him which will sue for the same within one year after the same offence And it is also Enacted that none from henceforth unlawfully maintain or cause or procure any unlawfull maintenance in any action or complaint in any of the Courts of the King of the Chancery Starr-Chamber White-Hall or otherwhere within the Kings Dominions where they have power to hold Plea of Land by Commission Patent or Writ And also that none shall instruct Jurors or subborn Witnesses by Letters Promises or by any other sinister labour or means to maintain any matter or cause or to hinder Justice or to procure or occasion any manner of perjury upon pain of forfeiture for every such offence 10 l. one half to the King and the other to him that will sue for the same within one year after the same offence 32. H. 8. chap 9. If one will say he will maintain and doth it not he shall not be punished for maintenance And Champerty lies where one purchases hanging the Suit 9. H. 7. fol 18. See 3 H. 6. fol 53. It seems it is no maintenance to give money before a Suit begins but hanging the Suit Maintenance the Writ was in Plea which was hanging he maintains and it is good and it seems it is better to say in Plea which was hanging 10. H. 7. f. 27. It seems one may covenant to have part of an Obligation when it is recovered for travelling with an Alien which cannot speak English nor Latine to his Counsell so one may covenant with one indebted to him and deliver him the Obligation of another in satisfaction of his Debt to sue in his name and notwithstanding that he paid Counsell it is no Champerty Every Champerty implies in it Maintenance but not of the contrary and he to whose use and every one that hath lawfull Interest in the Land may maintain 15 H. 7. f. 2.34 H. 6. fol. 33. the same By Fineux If a Servant be arrested for Debt or other thing in London or other Franchise the Master may maintain him and spend of his proper money for losse of his Service Inquire But otherwise it is in Precipe 21 H. 7. fol. 40. B. See 21 H. 6. fol. 19. by Newton By Newton and Paston Servant may pray one skilled in the Law to be of Counsell with his Master but a stranger cannot pray one to be of Counsell with my Adversary for he hath nothing to do 21 H. 6. fol. 19. If a man be at the Barre and another informs the Court that this man can declare the truth and pray that he be sworn and by the commandement of the Court he swears this is Maintenance iustifiable but if he had said for one or the other of his own head this is Maintenance punishable the same Law if he informe a Jury sworn of his own head it is Maintenance punishable 28 H. 6. f. 6. The Master may pray one skilled in the Law to be Counsell with his Servant and this is Maintenance iustifiable but he cannot give of his own proper goods to distribute to men of the Countrey for maintaining his quarrell for then he meddles with a thing forbidden by the Law and by Prisot he may iustifie giving money to Lawyers to be of Counsell with his Servant but not to give money to others not learned in the Law 28. H. 6. fol. 12. By Fortescue Master may pray one learned in Law to be of Counsell with his Servant but not to give to them money unless it be of his Wages and he saith one skilled in the Law may be of Counsell without a Fee Inquire 31. H. 6. f. 2.36 H. 6. fol. 29.3 H. 6. f. 55. Maintenance one may iustifie for that he is his Servant but he cannot give money Maintenance Defendant iustifies that he is a Bail and that he came to the Defendants Attorney and prayed him to be carefull the which is the same Maintetenance by Prisoâ— it is not good to say it is the same maintenance for this is no Maintenance for every stranger may pray the Attorney for it is the part of an Attorny to attend to that and for that it is no Maintenance 32 H. 6. f.
came with him to the Assise staid with him pray'd the Sheriff to make an indifferent pannell which is the same maintenance and it is a good Plea 11 H. 6. f. 39. Generall Attorney which sues and is not skilled in the Law may well meddle but he cannot proffer Money to a Jury but may pray them to appeare 34 H. 6. fol. 27. By Choke Maintenance he cannot justifie for that that he was an Attorney retained with him and that by commandement of his Master he retained Councell and gave to them forty pence of his Masters Money and good Inquire if an Attorney cannot retaine Councell without the commandement of his Clyent and if he may not disburse of his proper Moneys for the time But Attorney cannot give of his proper Money nor of his Masters money to Jurors 36 H. 6. fol. 29.11 H. 6. fol. 13. the same Maintenance the Defendant saith that he was an Attorney in the action Judgment if action and good But he cannot give any thing to the Jury but as an Attorney and give Evidence to the Jury for his Clyent he may 13 H. 4. f. 19. If a man maintaine a quarrell by his Attorney action of maintenance lies against the Master 22 H. 6. f. 24. And by Newton If a man of great power in the Countrey will say in the presence of the people that he will spend twenty pound for one party or will give twenty pound to labour for the party though he give nothing is maintenance see before 9 H. 7. fol. 18. Maintenance against a Servant of one by Fortescue if he meance Jurors to out them of their Tenures if they do not paâ—e with his Master this is special Maintenance in the Servant 19 H. 6. f. 30. A man skilled in Law may do his endeavour for his Client and it is no maintenance if the Plaintiff cannot alleadge other special matter forbidden by the Law 8 H. 4. f. 6. B. Embraceor is he which comes to the Barr with the party and speaks in the matter or is there to overlook the Jury or to put them in feare but men skilled in Law may speak in the Cause for their Money but they cannot labour the Jury and if they take money to do that they are Embraceors Fitzh f. 71. A. Tenures and Services It is expedient to know the Services and Tenures which your Tenants shall do and first of the Tenure in cheif and other Tenures of the King and then of other Lords FIrst Tenure in cheif is called where one holds of the King meerly as of his Crown which is a Signiory ingrosse for that it is held of him which is alwayes King and not of the King as of his Mannour of D. c. Fuzh. 3. D. If any Land be held of the King as of the Honour Castle or Mannour such Lands are not held of the King in cheif and this is proved by the Writ of Right which shall be directed in such a Case to the Bailiffs of the Honour Castle or Mannour Also the Statute of Magna Charta chap. 31. is if any hold of any Escheat as of his Honour of Wallingford Nottingham Bullo gne Lancaâ—â—er and of other Escheats which are in Our hand and are of Baronies and dies his Heir shall not give other releif nor make to us other Service then the Barons should make if that Barony were in the hands of the Baron and we in the same manner will hold it as the Baron held it 1 Ed. 6. chap. 4. also is that where a King hath or after shall have any Dukedomes Baronies Castles Mannours Land Tenements Fees or Signiories by Attainder Conviction Outlary or by Dissolution of Monasteries which Lands held of them by Knights Service Socage or otherwise shall not be construed to hold in chief nor as Tenure in cheif See in Br. Tit. Tenures 100. Littleton fol. 31. Tenure of the King in Burgage is where an ancient Town is of which the King is Lord and those which have Tenements within the Borough hold of the King their Tenements that every Tenant by his Tenure ought to pay to the King a certain Rent by the year and such Tenure is but Tenure in Socage Fitzh 6. D. Lands and Tenements within Cities and Townes are held of the King in Burgage Tenure and it behoveth that a Writ of Right Patent of them shall be directed to Mayors Sheriffs and Bailiffs as Bailiffs and Officers of the King as if Lands were held of the King as of any Honour Castle or Mannour by which it appears Tenure in Burgage is Socage Tenure and not Socage in cheif Fitzh fol. 1. J. the same Stamford 13. If one hold of the King in Burgage the King shall not have first Seisin but otherwise it is where he holds of the King by Knights Service in cheif or by Socage in cheif for the Statute of the Kings Prerogative chap. 3. is the King shall have the first Seisin after the Death of them which of him held in cheif of all Lands and Tenements of which they were seised in their Demesn as of Fee whatsoever age their Heirs were of and that is taken as well of Socage in cheif as otherwise in cheif 7 H. 6. fol. 3. The King shall have first Seisin where his Tenant dies seised in his Demesne as of Reversion 47 Ed. 3. fol. 21. If the King purchase Lands which is held of others by this all the Services are extinguished and if he infcoff others to hold of him he shall hold of his Crown in cheif by Finchden and also when an Honour is seised into the Kings hands and a Mannour is held of that Honour which escheats unto him as of common Escheat if he alien to hold of him he shall hold as he held before of the Honour and by the same Services but if he come in as by Forfeiture by Warr or Escheat which is because of his own person and he seise and infeoff others they shall hold in cheif if the King do not expresse other Tenure 33 H. 6 fol 7. By Prisot if the King seise Land by Forfeiture of Treason and grant that over to hold of the cheif Lord by the Service due c. that in this case he shall hold of the cheif Lord as it hath been adjudged 44 Ed. 3. f. 45. The King gives Lands to one to hold to him and his Heirs by the Services due c. and by all the Justices that is Tenure by Knights Service 11 H. 4. fol. 71. It was recorded in the Exchequer that such a one holdeth so much Land of our Lord the King by Serjeanty to finde one Man for the Warr wheresoever within the four Seas and by Hank it is great Serieanty to be made by the Body of a Man 13 H. 7. fol. 16. If one hold of the Dutchy of Cornwall it is in cheif for it was ancient Lands of the Crown Fitzh 165. A. To hold Land to pay certain Rent to the Keeper of the Castle of
an action alone and so cannot another marryed Wife The Law And for that that it is necessary and expedient to shew for what causes the Lawes were ordained Fortescue leafe 31. saith That as by Senews the compact of the body is knit together so by Law which of binding is so called this mysticall body is bound together and kept in one And Plowden leafe 9. b. saith The Law is appointed to the King to governe his people and that by three Lawes that is to say Generall Law Customes and Statutes In Matth. chap. 22. it is written That Christ sent forth his Servants that they should call to the Wedding that is to say He sent his Prophets and Preachers and they would not come and there it is sayd That he againe sent out other Servants saying Goe and invite and that is intended our Law which commands constraines and bridles us to come to God and to feare and obey God and the King and to keep us in Peace and to make that every one may hold in peace and tranquility his Goods Lands and lives and all that we have Heraclites saith That without Lawes by no meanes a City can be in safety but without Walls it may And Fortescue leafe 10. saith That thou mayst feare God the Lawes call thee and in leafe 11. That humane Lawes are no other then Rules by which Justice is taught The Prophet David saith Where there is no Order there everlasting horror doth dwell and without Law there can be no Order See Saint Germaine leafe 7. saying Law is ordained for the salvation of the Soule and for to fulfill the Lawes of God and to draw the people to flie evill and to doe good And see in the Doctor and Student leafe 8. the six grounds of the Law First Our Law is grounded upon common reason Secondly Upon the Law of God Thirdly Upon diverse generall Customes Fourthly Upon diverse Maxims Fifthly Upon diverse particular Customes And sixthly Upon diverse Statutes And for that the Law is more necessary for Government Bracton saith The Law maketh the King let the King therefore attribute unto the Law that which the Law hath given unto him that is to say Dominion and Power he is not truely King where will doth rule and not Law And Fortescue fol. 8. saith The Law is a sanctified holinesse commanding holy things and forbidding the contrary and likewise fol. 9. saith That Lawes made by man which to this doth receive power of God and they are likewise constituted by God Plowden fol. 55. b. As Subjects of the King are borne and inherite Lands so to inherite Lawes so that Lawes being the Inheritance of the People the Stewards cannot by Letters or otherwise gainsay nor take from the Tenants the Law By the Commentaries fol. 229. Saxon Law was that the eldest Son should inherite and Brittons Law was Gavelkinde as in Kent and North-wales By the Commentaries fol. 18. Words of Law may be broken for necessity as in the case of Revenger 14. H. 7.29 7. H. 7. fol. 7. If a Prisoner be in Famine and hath not sustenance if he breake Prison it seemeth not to be Felony for the Law of God was ordained to call us and if we will not come then our Law to bridle us sharply to come to God and our Law hath regard to necessity and charity and for that 20. H. 7. fol. 2. where a marryed Wife is throwne or struck with a Horse or is in sicknesse one may assist her and give her meat and drink 20. H. 7. One administers about a buriall that is no Administration for it is a work of charity Doctor and Student fol. 4. Beasts have certaine rule given to them by nature necessary for their being but the Law of Nature and Reason moveth a man to good and is written in the heart of every man to move him what is good to be done and what is to be avoided The Law of God is given by Revelation and light of understanding and there the Law of God ordaines man to eternall life and is Law to the happinesse of this life and this Law is to doe as you would be done unto and this Law will that Justice be done to every man and that no wrong be done Doctor and Student fol. 2. There are foure manner of Lawes that is to say The eternall Law of nature and Reason the Law of God and the Law of Man By Marlebridge Chap. 1. it is enacted That as well the greatest as the smallest should have and receive Justice in the Kings Court and that none of another revenges or destructions should make by his will without consideration of the Kings Court. Westminster the 1. Chap. 1. Common Right should be made to all as well to Poore as to Rich without regard of any See Stamford fol. 56. of Justice 2 Edw. 3. cap. 9. No command either by the great Seal or Privy Seale to disturbe or delay common right And for so much the Justices should not forbeare to doe right in any point 18 Edw. 3. The Statute of the Oath of the Judges is If any Letters to the Justices come contrary to the Law that you shall doe nothing for such Letters but certifie the King of it and resolve before to execute the Law notwithstanding those Letters And to conclude of these matters You ought to consider that God created Man onely to serve him and created all other creatures in the World for the service and use of Man as the Prophet saith Thou hast subjected all things under his feet all Sheep and Oxen and likewise the Beasts of the Feild Birds of the Aire and Fishes of the Sea which walke through the paths of the Sea so that all was made for the use of Man and yet without Law a man cannot injoy that and God being mindfull of Man to serve him as the Prophet saith What is Man that thou art mindfull of him or the Son of Man that thou hast regard unto him And for that God hath ordained Kings to governe and to keep men in obedience to serve and obey God the King and his Lawes for to disobey is detestable And Paul to the Romans Chap. 13. saith Every soule is subject to the higher powers for there is no power but of God which powers verily are ordained by God so that whosoever resisteth that power doth resist the Ordinance of God And Peter Chap. 2. saith Be subject to every humane Creature for the Lord and to the King as Saperiour And then for that that the King is ordained of God to make his people to serve God and to keep his people in obedience If you disobey the King you breake that which is commanded contrary in the Scriptures and so you disobey God And you see that if God had not been mindfull of us and had not created and ordained the King to governe us being of fraile nature and that by Lawes to bridle our fraile nature none could enjoy his Lands Goods nor
to see that the offendors be punished and the Just preserved for as the Touchstone is provided to try the purenesse of the Gold and Mettals so are you chosen the Touchstone to see the Weed to be taken from the Corne and the Corne to be preserved and you ought to see the King and the Common-wealth preserved and Justice to be administred which is the preservation of the King Justice and his Common-wealth and so for that that you see your duties and consider your Oath I will declare to you the Articles of your Charge The Charge in Leet First You ought to consider 27. H. 8. fol. 2. that some offences as petty Treasons and Felonies which are against the Crowne and Dignity are inquirable and presentable in a Leet but not punishable there but by the Statute of 1. Edw. 3. the last Chapter Rast Indictment 2. they ought to be written and Indented and one part to remaine with the Steward and the other with the Jury and it ought to be delivered to the Justices of Assise at the next Goale delivery held within the County And first these following are to be inquired of and to be certified as afterwards is said First Treasons You ought to inquire if any counterfeit the Great Seale Privy Seale or the Armes of this Realme and by the 25. Edw. 3. Rastal Treasons 1. they are high Treason and yet inquirable here as Felony and to be certified as is aforesaid 2. Also if any counterfeit the Money of this Realme Counterfeit Mony or of another Realme being currant in this Realme it is high Treason 1 Mary Rastal Treason 21. And by Stamford fol. 3. but inquirable here as Felony 3. Also is the counterfeiting of the Seale manuall Scale Privy Signet or Privy Seale and are inquirable here as Felonies Rastal Treason 1. 27. H. 8. c. 2. 4. Also the Clipping Clipping washing or filing of Money is high Treason by 5. Eliz. and inquirable here as Felony Rastal Treason 29. 5. Also if any Servant kill his Master or his Mistrisse Kill his Master or Preist or any other Religious kill his Ordinary by the 35. Edw. 3. C. 2. Rastal Treason 1. is petty Treason and inquirable here as Felony 12. Booke of Assises 30. 6. Also if any Woman kill her Husband Wife Husband it is petty Treason and is inquirable here as Felony 19. H. 6. fol. 47. 7. Also cutting out of tongues of men Felonies and putting out their eyes of malice is Felony and here inquirable 5. H. 4.5 Rastal Felony 4. 19. H. 6. f. 47. 8. Also Murder is Murder when any of malice pretended killeth another feloniously and is inquirable here 14. Edw. 3. 9. Also Man-slaughter is here inquirable Man-slaughter that is to say When a place is not appointed to fight but onely they fight together and the one killeth the other when they meet by chance Stamford fol. 18. a. it is here inquirable 10. Also if one kill the other in defending of himselfe he shall loose his goods Se defendendo The same Law where one killeth another by mischance Stamford 15. a. 11. Ravishing of a Woman Rape as trespasse is inquirable and where it is not presented before the Coroner Stamford 23. b. 18. Ed. 2. Rastall Rape 2. 12 Rape as Felony which is Felony made by the Statute is not inquirable in a Leet nor any thing given by Statute unlesse it be inquirable by express words but that which is made petty Treason by Statute is inquirable as Felony by the Common Law 11 H. 7. fol. 22 13 Burglarers are those Burglary which in time of Peace break Houses Churches Walles Towers or Doores after the Sun set and before the rising thereof though he carry away nothing if their intent may appeare that it was to rob or kill or to commit other Felony it is Burglary inquirable here Stamford fol. 30. b. 14 Robbery Robbery is when a man taketh any thing from the person of another Feloniously though it be but the value of a penny it is Felony and Inquirable Stamford 27. d. 22. of the Assizes 29. 15 Also burning of a House Feloniously done is Felony by the Common Law Burning of a house and also is burning of Barnes in the night and inquirable Stamford 36. a. 16 Burning of a Barn in the night adjoyning to a House is Felony by the Common Law 11. H. 7. f. 1. Robbing Churches 17 Also robbing of Churches or Chappels and taking of any Ornaments out of them Feloniously is Felony and inquirable Theft 18 Theft is the taking of anothers Goods with a fraudulent minde of stealing against his Will whose Goods they are and if it be above the value of twelve pence he shall be hanged and Theft is here Inquirable Stamford 24. L. Rescous 19 If any rescue any which is taken for Felony that is Felony and here inquirable 1 H. 7.9 Taking Doves 20 Also taking Doves in the Dovehouse in the night with Felonious intent is Felony and here inquirable but not where they are taken in their roost out of the Dovehouse Stamford fol 25. C. 22. booke of Assises 95.18 H. 8. fol. 2. 21 Also taking of young Pigeons Young Pigeons or young Goshaukes in their nests in the night is Felony and inquirable here 14. H. 8. 18. Ed. 4 fol. 8. 22 Also the taking of Fish feloniously out of ponds Stews Fishes or Trunks in the night is Felony and here inquirable But otherwise it is where it was taken in the River there it is no Felony 22 booke of Assises 95 Quere 18. Ed. 4. fol. 8. 23. Also the taking of tame Deere with a Felonious intent Deere is Felony the same Law the taking of Signetts Swans marked and Peacocks and here inquirable Stamford fol. 25. C. 18 H. 8.2 24. Also if any one receive a Felon Receiver well knowing of the Felony which he had done that is Felony and here inquirable Stamford fol. 41. E. 25. And note that all other Felonies which are Felonies by the Common Law Felons by the Common Law as these are are here inquirable and see these after in Felony otherwise the King shall loose yeare day and wast and the Lord his escheat 26. Accessaries are inquirable here Accessary and that is if one procure or command another to do a Felony but is not present when the other doth that this Procurer or Commander is Accessary Accessary after the Felony is where one receives a Felon and knowing of the Felony Stamford 40. G. 27. Escape voluntary Scape is when one arrests another for Felony and after lets him go where he will that is Felony and here inquirable Stamford 32. I. 28. Escape negligent is when one is arrested for Felony and after escape against the will of him that arrested him and be not freshly pursued and taken before the Goaler loose the sight of him
Law is of Fat 's fixed in a Brew-house or Dy-house and at this day is the like of Glasse though there it was held the contrary but it seemeth where the Termor fixeth such things he may take it within the Terme but after the Terme not and the Heir shall have Table-dormants and those things which cannot be attached in Assise Stamford 45. Chattels are as well Chattels moveables as not moveables and Leases and Chattels are the Corn growing and right of Action and an Obligation made to a Felon and Money out of a Bag and Corn out of a Sack are Chattels 10 Ed. 4. fol. 1. It seemeth where one gives all his Goods and Chattels the Charters of the Giver doth not passe See 4 H. 7. fol. 10. 38 Ed. 3. Tit. Charters 24. It seemeth that Charters are but Chattels 8 Ed. 4. fol. 4. If one give to me a Deed of Feofment whereof I have not the Land this is but a Chattell in me 21. Ed. 4. fol. 80. Writings may be laid to pawn for Money borrowed by which it seems that Writings are Chattels in divers Cases 37. Assise 11. A Woman hath Execution by Statute-Marchant of Land and takes a Husband this is a Chattell and for that the Husband may give it 24. Fd. 3. Tit. Charters 5. by Thorp The Escheator may seise the Ward though there be no Office found for it is a Chattell and vested in the King without an Office 4. H. 7. fol. 10. Where Tenant in Tail discontinues and dies the Deed in Tail belongs to the Heir before he hath re-continued his Estate in the Land and it is no Chattell but an Inheritance for if one give all his Goods and Chattels he shall not have such Deeds Now let us see that the not using of Priviledge and Liberty is the cause of ceasing of that and where not I intend not using of Liberty which is for the benefit of the party this is no cause of ceasing but where it is for the Common-wealth not using is a cause of ceasing and mis-using is a cause of ceasing for ever IF one have Liberties and do not use them within memory all is gone 14. H. 7. fol. 1. Not using of the Office of Clerk of the Market is cause of ceasing for that is for the Common-wealth 2. H. 7. fol. 11. By Billing by mis-using and not using also of Market shall cease 2. H. 7. fol. 11. 15. Ed. 4. fol. 7. Where the Abbot of S. Albans had a Gaol by Franchise and would not be at costs with the Justices of the Gaol-delivery to make Delivery of Prisoners and kept them long in Prison for that it was seised into the Kings hands 8. H. 4. fol. 17. If the Lord of the Franchise refuse to do a thing commanded by the Court as to bring in his Prisoners it is a forfeiture of his Liberty contrary where it is commanded by proceffe by Hussey If a Lord refuse to do right or misuse his Franchise by himself or by his Bailiff or Deputy or do not use his Franchise that shall be reseised and all Lords which have franchises shal attend upon the Justices of Assise in person or by their Bailiffs or otherwise they shall forfeit their Franchises 20. Ed. 4. fol. 5. Confirmation NOte that there need be no Confirmation of a Charter of grant of Liberties after the death of every King as it is used 1. R. 3 fol. 4. But otherwise it is of Officers judiciall 33. H. 8. tit 203. If the King grant the Chattells of Felons to one and dies there need no confirmation of that otherwise if there were a Faire or a Market granted or a judiciall thing or a ministeriall Office granted Suit Then the next branch of Charge is Suitors and for that let us see who are resident which ought to make Suit at the Leet and who not SUite reall is at a Leet Residents and this is by reason of their residence 12. H. 7. fol. 17. Eitzh 160. B. A man which is not resident but hath Lands within the Leet shall not be destreined but where he is dwelling to make sute to the Leet Marlebridge chap. 10 Who have Tenements in diverse Hundreds have no necessity to come to these Turnes unlesse in the Bailywicks where they are dwelling where the Master is resident and also his Servant in some Leet as well the Master as the Servant 2 H. 4. fol. 17. Men of Religion Clerkes Knights nor Women shall not be Deciners Fitzh fol. 160. C. Register fol. 181. Britton fol. 19. It is provided that they have no need to come Rast County 2. Arch-Bishops Bishops Abbots Priors Earles Barons nor any religious Men or Women Marlebridg chap. 10. A man shall not make Suite twice to two Leets of severall men for his residency but one time to one and another day to another he may but one may come twice to the Leet of one person and yet may be charged to come to the Turne of the Sheriffe 18 H. 6. fol. 13. Every man ought to be attendant to a view of frankpledge 21 Ed. 3. fol. 12. For that the not scowring of Ditches adjoyning to High waies and Bridges and also other annoyances in waies are presentable in Leets and is another branch of the Charge let us see how they shall be done and what by the Common Law and what now by the Statutes Waies IF a man have Land adjoyning to the Kings High way he is charged of common right to cleanse the Ditches without any prescription 8 H. 7 fol. 6. but if he be not next adjoyning it is otherwise for there he is not chargable without prescription but it is said that he whose land is next adjoyning to a Bridge Purprestures is not held of common right to repaire the Bridge though the Bridge have been there time out of minde unlesse he have that made by prescription Magna Charta Rastall Bankes 2. Bridges Rastall Bridges 1. chap. 15. No Town nor Free-man shall be distreined to make Bridges unlesse that of old they use to make them in the time of King H. our Grand-Father the Statute of 22 H. 8. chap. 5. Gives power to the Justices of Assise to determine the making of Bridges where it cannot be held and proved what person certaine ought of right to make such decaied Bridges and what shall be made by the Inhabitants or riding where such decayed Bridges are by which it appeares that he which hath Land adjoyning to a Bridge is not chargeable to make the Bridge unlesse it be by prescription 2 Ed. 4. fol. 9. By Moyle if any incroachings be made over the Kings Way as by a Ditch House or Wall it shall be punished by presentment in the Leet and I collect upon the opinion of this book and upon 8. Ed. 4. fol. 9. And upon 27. H. 6. fol. 9. and upon 6. Ed. 3. way 2. Where a Lord of a Mannor hath Land upon both parts of a High way that he
shall have no action against him yet a Judge of Record as a Justice of Peace hath been punished in the Star Chamber for misdemeanour and so may the Steward of a Leet and so such a Judge of Record for not regarding his Oath as Maiors Bailiffs c. 21 H. 7. fol. 22. If a Capias issue our of a Court of Record to the Sheriff where is no Originall yet this excuseth the Sheriff but if the Servant of the Sheriff arrest one by processe made out of a Capias and returne his processe and the Sheriff do not return his Capias false Imprisonment lies against the Servant Fitzh 21. B. one cannot assigne Errour that the Jurors gave verdict for the Defendant and Judges enter that for the Plantiff Presentment in Leet Now let us 〈◊〉 what presentment in Leet is traversable and what not and it seemeth where that toucheth a Free-hold is traversable and otherwise not PResentment in Leet by 4 and not by 12. That one hath dwelt within the Leet not sworn c. it was Traversed but it seems if it were by 12. it shall not be traversed but shall have recovery by Writ of false presentment 5 Ed. 3.26 A thing presented in Leet is as Evangelist if it passe the day in which it is presented but the same day you may have an action of false presentment against the Jurors and after without recovery 21 Ed. 3. Tit. Barr. 271. Presentment in Leet which toucheth Free-hold is traversable and other presentments not 19 H. 8 fol. 11. and 41 Ed. 3 fol. 27. the same Presentment in Leet which toucheth a Free-hold may be removed and traversed and every Presentment before Justices of Peace is traversable 5 H. 7. fol. 3. and 6 H 7 fol. 2. the same Presentment of blood spilt is not traversable for that doth not touch free-hold 2 R. 3.12 If the presentment be not in a Leet of things there presentable afterwards they shall be presented as it followeth IF Presentment be not in Leet of things presentable there then they shall be inquired and presented in Turne and if not there then in the Kings Bench 41 Ed. 3. fol. 27. If things Presentable are not presented in Leet they shall be presented in Turne and if not there before the Justices in Eyre and if not there in the Kings Bench 10 H. 4. fol. 4. Then let us see what remedy the Lord shall have for Amerciaments in Leet and what recovery for a Fine and what upon paine or by-Law and it seems that for Amerciaments he may distraine and for Fine Assesse and by-Law broken shall have a Debt or Distresse Amerciaments FOR a Fine reall he cannot distraine but Amerce and by prescription distraine and this is now in use in every Mannor and for Suite-Service distraine without doubt 12 H. 7.15 One may prescribe to distraine for Amerciament in Law-day for it is incident 9 H. 7.22 He may in Leet Amerce and distraine for that 8 H. 4. Tit. 15. A man may in Leet Amerce for annoyance and distrain for it 19 Ed. 3. fol. 36. One was Amerced in Leet for stopping in the High way and his Horse in anothers keeping was destrained for it 47. Ed. 3.12 The Lord may sell the Distresse taken for an Amerciament in Leet as the King may sell the Distresse for that it is the Kings Court 3 H. 7. fol. 4. If Amerciament in Leet be agreed the Lord may distraine without notice by Finch and by Wich it is good Plea that the Tenant would have paid if he had had notice 45 Ed. 3. fol. 9. The Lord cannot distraine for Amerciament in Leet in a place seised into the Kings hands for debt to the King for this is priviledged during the time 47 Ed. 3. fol. 12. Of common right the Lord may distraine for Amerciament in Leet and for that need not to prescribe 10 H. 7. fol. 15. The Lord may distraine for Amerciament for annoyance in the high way or for making Hedges cross the street and avow for that 4 Ed. 3.10 Avowrie 161. The Lord may not distraine the Horse of another in the Inne of him Amerced nor the garment of another in a Taylors shop where the Taylor is Amerced 10 H. 7. fol. 21. If one refuse to be sworn or make any other contempt in Court the Steward may assess a Fine upon him and the Lord may distraine for that 13 H. 6. Leet 11. For a Fine assessed by the Steward for a contempt in the Court the Lord may have debt 10 H. 6. fol. 7. and 7. H. 6. fol. 13. If a paine of ten pound presented in the Leet to be broken the paine shall not be otherwise acertained and the Lord for that shall have an action of Debt but he cannot distraine and make avowrie but by prescription but it is now used in every Mannor to distraine as I think 32 H. 8. Tit. 37. The Lord may have Debt for Amerciament assest in Court-Baron 12 R. 2. Statham fol. 62. It seems the Lord shall have Debt for releife and cleerly the Executors shall have Debt for releife 32 H. 8.20.19 H. 6. Tit. 11. Moderata miserecordia doth not lye where a Fine is alsessed by the Steward for contempt in Court nor where Amerciament is assessed but where Amerciament is not confirmed that lieth if it be too high Fitzher fol. 72. C. If one be amerced in the Sheriffs Turne the Sheriff may distraine throughout all the County and if it be in a Leet thoughout all the precinct of the Leet 8 R. 2. Avowrie 194. The Lord may distraine in the high street for Amerciaments in a Leet 34 Ed. 2 and 19 Ed. 2. Avowrie 221. Debt lieth for the Lord for a Fine assest in Leet by the Steward for not returning the Pannall or for other contempt and it is good without confirming 7 H. 6. fol. 13. tit 233. For Amerciament in Leet it seems one may take goods of another in the keeping of him which is amerced yet see how Issue was taken that it was not the Horse of Prior Tindall which was Amerced which was taken 47 Ed. 3. fol. 12. For not châ—ansing of a Ditch by the Predecessor of a Parson Successor shall not be punished for that Offence the same Law of Father and Son 5. H. 7. fol. 3. Distresse Where one may distraine and what thing ONE lifted a Mill-stone off the stock to be picked on the floore it is not so severed but that it is parcell of the Mill and cannot be distrained and so it is of Windowes and doores 14 H. 8. fol. 29. 10 H. 7. fol. 21. You cannot distraine the garment of another man in a Taylors shop 21 Ed. 4. fol. 49. the same 9. H. 6. fol. 9. The Lord cannot distraine for his Rent but in Lands held of him but the King may 8 R. 2. tit Avowrie 192. If one be Amerced in Leet the Lord may distrain in any place within the Precinct of that and in the Turne of the Sheriff in
persons which were common breakers of hedges and other bribers which live in others houses idly or live suspect The Oath of the Reeve or Bayliffe YOu shall sweare That you shall well and truly serve our Lady the Queen and the Lord of this Mannour in the Office of Reeve or Bayliffe of the Mannour for this year to come and you shall well and duly collect all such Rents Revenues and other annuall Profits as shall be chargeable and issuing out of the same Mannour to you And of that you shall make and give a lawfull account at the end of the same year and in every other thing belonging to your Office well and truly to discharge in your Office during this year to come So help you God c. The Oath of the Greve or Hayward or Beadell YOu shall swear That you shall well and truly serve the Queen our Soveraign Lady and the Lord of the Mannour in the Office of Greve Beadell or Hayward of this Mannour for this year to come and you shall duly and truly execute all such Attachments and other Processes as shall be directed to you from the Lord or Steward of this Court and you shall present all Pound-breaches which shall be made within your Office and also all Cattells Strayes and Waifs and in every other thing well and truly hold you in the same Office So help you God c. Oath of a Desiner YOu shall swear That you I.S. from this day forward shall be faithfull and loyall to our Soveraign Lady the Queen c. and to her Heirs and shall keep unto her faith and loyalty of life and of member and of earthly honour and that you shall not conceal any ill or damage intended towards them nor hear any ill of them which you shall not defend them in to your uttermost power So help you God Britton fol. 74. gives that Oath of Affirors YOu shall swear That you will well and truly tax assess and affier all the Amerciaments presented in this Court and in doing of that you shall not spare any for love feare nor affection nor raise nor inhaunce any more greivous then shall be reasonable according to their deserts made and not more nor less nor for envy nor for love assess or affier but upon every one severally according to the quantity of their offences made and not otherwise So help you God c. Oath of the Fealty YOu shall swear That you shall be faithfull and loyall and loyally and faithfully shall carry your selfe to the Lord of this Mannour for the Lands and Tenements which you claim to hold of him and you shall well and duly pay to the Lord of this Mannour and his Heirs from time to time all such Rents Duties Customes and Services that you ought to pay and make for the same Lands at the times appointed So help you God c. Oaths of the Aletaster YOu shall swear That you shall well and truly serve our Soveraign the Queen and the Lord of this Court in the Office of Aletaster or assise within this Lordship for this year to come and you shall well and duly see from time to time that the sale of bread brought to be sold be duly weighed and that it contain such weight according to the prizes of grain as by the Statute is provided that is to say according to the prizes of Corn in the next Markets Also you shall have diligent regard during the time of your Office to all the Brewers and Tiplers within your Office that they and every of them make good and wholesome Ale and Beer for mans body and that they do not sell any before it hath been tasted by you and then to be sold according to the prizes limited and rated by the Justices of Peace and all defaults committed and done by the Bakers Brewers and Tiplers or by any of them you shall present at the Court here by which punishment may be ministred unto them for their offences and in every other thing you shall well and truly behave your selves in your Office for this year So help you God c. The Oath of the Constable YOu shall swear That you will well and truly serve the Queen and the Lord of this Lawday and you shall indeavour that the Peace of our Soveraign the Queen well and truly according to your power be kepr and you shall arrest all which you see making Riots Debates or Frayes or breaking the Peace and you shall well and truly indeavour your selves according to your knowledge that the Statute of Winton for Watch Hue and Cry and the Statutes made for the punishment of sturdy Beggers Vagabonds Rogues and other idle persons coming within your Office that the Offenders be punished and you shall indeavour your selves upon complaint to you to apprehend Barretors and riotous persons making Frayes and also apprehend Felons and if any of them make resistance with force and multitude of Offenders you shall make out-cry and pursue them till they are taken and you shall look to such persons as use unlawfull Games and you shall have regard to the maintenance of Artillery and you shall well and duly execute all Processe and Warrants sent unto you from the Justices of the Peace of the County and you shall make good and faithfull presentment of all bloodsheds out-cries affrayes and rescues made within your Office and you shall well and duly according to your power and knowledge do that which belongs to your Office of a Constable to do for this year to come So help you God Constables And for that that the Constable is here chosen and sworn that is inquirable here if he do his Office and for that let us see what authority a Constable hath and what he ought to do AT the Common Law before the making of the Statutes by which Justices of the Peace were ordained to keep the Peace The cheif Justice of England was appointed by the King and he hath authority and he was ordained to determine matters touching the Crown and for conservation of the Peace throughout the Realme and he for that is the cheife Justice of the Peace Also by the Common Law before there was any Justice of Peace Constables of every Town were keepers of the Peace within their Townes If any be threatned upon complaint to the Constable he may inforce the party to put in a Suerty and if he do not commit him to prison till he hath found a Suerty 4 Ed. 3. Barr. 102. If any be strucken and in perill of death the Constable ought to arrest the Offendor and to keep him in Prison till it be known if he will live or dy or till he have found Suerties to appeare before the Justices at the Goale-delivery If Felons or Murderers be in a Town and the Constable hath notice of that it is his Office and duty to raise People to take them 1 R. 3. chap. 3. And if any Felon be taken it is the Office of the
all the House 15 H. 7. fol. 11. By Fineux where a Farmer of a Wood makes waste in one corner this onely is forfeited but if it be in divers places of the Wood all is forfeited and the plots in this also 15 Ed. 3. Tit. 108. See the time of Ed. 1. Tit. 122 VVaste against Guardian 4 Ed. 6. Tit. 136. By Bromley if a man make waste in hedge-rowes which inclose a Pasture nothing shall be recovered but the place wasted that is the circuit of the Root and not the whole Pasture 41 Ed. 3. Tit. 24. B. Fitzh 60. T. If a Guardian make waste and the Heir being within age bring a writ of waste by this the Guardian shall loose the VVardship and over that his Damages to as much as the waste amounts unto But if the Heir were of full age that he looseth not the VVardship then he ought to recover treble Damages for that that he cannot loose the VVardship according to the Statute of Glocester 43 Ed. 3. f. 6. VVaste it is a good Plea in Barr that the House fell by Tempest and if he covenant to repair that it is no plea in Covenant 49 Ed. 3. fol. 1. VVaste it is a good Plea that at the time of the Lease that the house was weak and that the great Timbers were rotted that it fell for if any the principal Timbers were rotten it is no waste though he covenant to repair it 8 H. 6. f. 57. Waste it is a good Plea that the Plaintiff hath entered into the Land before which Entry no waste made 8 H. 5. f. 8. Waste it is a good Plea that he surrendred to which the Plaintiff agreed before that no waste made 9 H. 6. f. 11. Waste by the Heir is a good Plea that the Plaintiff hath an elder Brother which survived the Plaintiff and after died after whose Death no waste made and a good Plea 44 Ed. 3. f. 27. Waste against a Guardian in Knight-service who saith that after the Death of the Ancestor J. F. abated against whom the Defendant recovered in a VVrit of VVard after which Recovery no waste made and it is a good Plea 12 H. 4. f. 6. VVaste it is a good Plea that that fell before the Lease 19 H. 6. fol. 66. VVaste that he suffered the House to be uncovered by which the great Timber rotted it is no Plea to say Day of the VVrit purchased the House was sufficiently repaired but to say after the waste and before the VVrit purchased it was sufficiently repaired 8 H. 6. fol. 61. VVaste held where Land is given to the Husband and the VVife and the Heirs of the VVife and the Husband discontinues in Fee and takes an Estate for life and the VVife dies the Heir of the VVife shall not have waste before that he hath purged the Discontinuance 8 H. 6. f. 63. Fitzh 59. E The heir within age shall have a writ of waste against a Guardian in Socage 2 Ed. 2. Fitzh the same Nat. bre 58. If a Guardian in Socage make waste the Heir when he cometh to full age shall have an action of account for that 14 Ed. 3. tit 107. It seems that waste lies against a Guardian in Socage tit 100. Fitzh Fitzh 58. H. There is a writ of waste in the Register for him in reversion against tenant by Elegit which hath the Lands in execution but it seems he shall not have waste for that that he may have a venire facias to account and there the waste shall be recompenced in the debt but by the action of waste he shall recover treble damages which he shall not have in the account Nat. Bre. fol. 37. waste doth not lie against tenant by Elegit nor against tenant by Stat. Merchant but if they make waste account lies 42 Ed. 2. tit 11. fol. If a Lease be made to one to use it in the best way that he can now he cannot make waste 17 E. 3. tit 101. If a Lease be made to one so that he may make his profit of that c. yet it shall not be intended such as common right gives him for he cannot pull down abouse and make waste Action upon the Case Action upon the case in Court baron and other Court and first for slander IT lies for calling one traytor felon and robber of the Kings people and that is to be noted in Iustice Seatons case 30. Ass 19. 22. Book of ass 43. presentment that one a is common Malefactor or a common thief or a common Baretor is not certain and is not good and so it is thought by divers to say that one is a common malefactor or a common baretor this action doth not lie for it is too general 2 Ed. 4. fol. 5. For calling one villain it seems that action upon the case doth not lie 17 Ed. 4. fol. 3. Saith there that an action upon the case doth not lie for calling the Plaintiff villain without more Nat. Bre. fol. 55. There are two desamations or slanders the one spiritual the other temporal temporal where he cannot be punished by the spiritual Law as to say that the Plaintiff is out-lawed of murder conspiracy forging of deeds c. 30 H. 8. tit 104. Lyeth for calling the Plaintiff perjured man for now perjury is punishable in our Law by the Statute of 5. Eliz. yet inquire for that it is not in what Court or cause he was perjured Register fol. 54. For calling the Plaintiff Adulterer or Usurer Defendant shall be punished in the spiritual Court and there doth not lie an action upon the case 4. Ed. 6. tit 112. Lies for calling the Plaintiff a false Justice of Peace 27 H. 8. fol. 13. It lies for calling the Plaintiff theif and inditing him of felony and note the words of the writ are that he is hurt in his goods his name fame and condition 26. H. 8. fol. 11. For calling the Plaintiff Thief and saying that he hath stolen sheep of one I. S. It lies 17 Ed. 4. fol. 3. Lies for writing slander in a paper by which he durst not go about his business 27. H. 8. fol. 17. For calling the Plaintiff Heretick and one of a new learning it doth not lie Book of entries fol. â—2 A president there in an action of the case for calling the Plaintiff false man but inquire if it lies for there was not there exception taken and there is there another president for calling the Plaintiff theif and saying he hath received 20 l. value of his goods In the Book of Entries fol. 13. there is another president of an action upon the case that a certain Letter or Bill with divers slandering words and defaming in the said Bill or Letter he caused to be writ It was the opinion in the Kings Bench that for calling the Plaintiff Rogue Cozener or villain action upon the case doth not he for you shall not have action upon the case for every word of anger reproachful for it is
not know By Moyl but he ought to answer that he did not worry the Sheep 41 Ed. 3. fol. 24. If a man ought to grinde his Corne at the Mill of the Defendant without paying Tole and the Miller take Tole trespasse by force of Armes lyes and so it is said where he takes more Tole then he ought but if one hinder people to come to my Market Action upon the case lies 13 H. 4. f. 12. Action upon the case lies for that that he hath a Leet in the Mannor Eyer and Court from three weeks c. There hath the Defendant held Court within the same Mannor and hath distrained his Tenants by great and often distresse and hath impoverisht them that they cannot pay their Rent Fitzh 94. E. the same 33 H. 6. f. 16. Action upon the case lies where his Steward comes to hold a Leet and the Defendant disturbs him 11 H. 4. fol. 45. Schoole-Master shall not have an action of the case against another for setting up another School that he cannot have so many Schollars as he had before for the profession is free and is for the Common-wealth the same law of erecting a Mill upon his own land though the Plaintiffs Tole be diminished he shall not have an action upon the case 22 H. 6. f. 14. Mill levied 48 Ed 3. f. 25. Action upon the case lies against Tenant at will which makes wast or burning a House willingly and not an action of waste Lit. 14. 21 H. 6. fol. 43. 7 H. 4. f. 8. Action upon the case lies for that that the Defendant ought to repaire a certaine wall upon the Thames and doth it not by which the land of the Plaintiff is drowned Fitzh 93. E. the same 7. H. 4. fol. 16. Account doth not lye against a Bailiff or Servant for driving his Plow in which default the Beasts perished but an action upon the case lyes for his negligence for default of good keeping 2 H. 7. f. 11. Action upon the case lies for negligent keeping my Sheep and the same Law for negligent carrying my Pots or glasse and where one keeps my Horse and starves him for Meat 7 H. 4. f. 45. Action upon the case lies by the Lord of B. against him which bought and sold in the Market of B. without paying Tole and though the VVrit was Tollenam asportavit yet it was also and he denied to pay it and for that it was awarded good for the first words are void and the last sufficient 11 H. 4. f. 25. If a way belonging c. be stopped Assise of Nusance lies but for stopping of a way ingrosse he shall not have an Assise of Nusance but action upon the case 14 H. 8. f. the last VVhere part of a River or way is stopt which is narrow action upon the case lies and where the whole an Assise of Nusance an action upon the case lies where he hath no other remedy 11. Ed. 4. f. 23. It seems there that a good Pleader may frame actions upon the case for many matters which are in the Chancery 26 Book of Ass 79. Action of the case lies against the Sheriff which quashed an Essoyne erroniously for false Judgment doth not lye unlesse it were Judgement of the Suitors Fitzh 114. D. If one Person of his malice and by his false imagination labour and cause another to be iudicted falsly the party which is so indicted shall not have a Writ of conspiracy but an action upon the case against him which caused him to be so indicted Fitzh 95. D. If one play with others at Dice and hee hath false Dice and wins Money of others with false Dice Action upon the Case lyes for this deceit 13 H. 7. fol. 26. Action upon the Case lyes where one hath a Water-course by Prescription to Brew and water Beasts there hath the Defendant made Lime-pits c. 4 Book of Ass 3. See Nusance for Lever Tozaile to the annoyance of the Free-hold Action upon the Case for mis-using an Officer in his Office ACtion upon the Case lyes against a Sheriffe where the Plaintiffe hath Charter of exception that he shall be impannelled upon no Jury and shews that to the Sheriff and yet he impannels him 18 H. 8. fol. 5. 21 H. 7. fol. 22. by King Where the Sheriffe serves a Fieri facias and levies the sum and doth not returne the Writ the party may have trespasse against him for levying that the same Law if by a Capias the Sheriffe arrest one and doth not returne the Writ false Imprisonment lyes 20 H. 7. fol. 13. 21 H. 6. tit 6. B. 6 H. 6. Tit. 9. Trespasse upon the Case was brought against an Escheator because he found an Office that the party held of J. S. and he returned an Office That the party held the moity of the King in Cheife and by the Court it lyes for he and the Sheriff are Officers of Record but not Justices of Record for there it was agreed that an Action doth not lye against a Justice of Record 9 H. 6. fol. 60. the same 12 H. 6. fol. 3. 47 Ed. 3. fol. 15. Conspiracy in the nature of an Action upon the Case was brought for that that the Defendant procured and caused a false Office to be found by which the Mannor was seised into the Kings hands and he sued that out to the Losse 21 Ed. 4. fol. 43. If the Sheriffe upon a Writ of second deliverance makes deliverance to the Plaintif of the distresse and will not returne the Writ so that the Defendant may constraine the Plaintif to come and count so that he may avow the Defendant shall have remedy against the Sherif and this seems by an Action upon the Case 8 H. 6. fol. 1. Where in Precipe the Sherif returnes a Summons where he was not summoned by which hee looses his Land Action upon the Case lyes against the Sherif See that deceit lyes 19 H. 6. fol. 29. Action upon the Case lyes against the Sherifs Deputy for imbezzeling a Writ of Habeas corpora and it lyes as well against him that stirrs up another to doe it as against a doer 16 H. 6. tit 38. by Paston If the Sherif returne a man sufficient upon a Venire facias by which the next Sherif iâ— charged of the Issues he shall have an Action upon the Case against the Predecessor for he cannot returne nihil against the returne of his Predecessor 1 H. 6. fol. 1. Precipe Where the Tenant looseth his Land by default upon a false returne of the Sherif as he returnes the Tenant summoned where he was not deceit lyes but if the Summoners were dead Action upon the Case lyes 38 Book of Ass 13. Action upon the Case lyes against the Sherif where he made a Precept to one which was no Bailif of the Franchise which returnes a Jury by which this was quasht to the damages c. 41 Book of Ass 12. Deceit in the nature of an Action upon the Case lyes
have it Perkins 165. A man hath twenty yeares terme in right of his VVife and lets for ten yeares rendring rent and dyes his VVife shall have the Rent and the residue of the terme Fitzh 119 O. If a man takes a VVife which was indebted to other persons the Husband and the VVife shall be â—ued for this debt living the VVife but if the VVife dye the Husband shall not be charged unlesse it were recoverd during the Coverture Fitzh 121. If a man lets Land to a VVoman for life rendring Rent and shee takes a Husband and after the Rent is behind and the VVife dyes the Husband shall be charged for that that he took the profit otherwise it is of an Obligation made by his VVife before marriage the Husband shall not be charged unlesse recovery were of that during the marriage Fitzh 121. D. A woman hath Rent for Dower and takes a Husband and the Rent is behind and the VVife after dyes the Husband shall have Debt for this Rent But if a man be bound to a woman and she takes a Husband and the day of payment comes during the marriage and after the VVife dyes the Husband shall not have debt upon this Obligation for that that it was a duty to the VVife and a thing in action before the marriage Essoyne AFter that any hath put himselfe into any Inquest who hath appeared or might have appeared in these VVrits shall have but one Essoyne or one default c. West 2. chap. 27. Marlcbridge chap. 13. Marlb chap. 19. Of Essoynes it is provided that in Counry Hundred or in Court-Baron or other Courts none shall have need to sweare to warrant his Essoyne Westm 1. chap. 42. For that that Demandants which bring actions against many Coparceners and Joynt-Tenants they often avoid by Essoyne It is provided that those Tenants shall not have Essoyne but for one day no more then one sole-Tenant should have so that now he cannot avoid but only have an Essoyne see Marleb chap. 9. Westm 1. chap. 43. If one be essoyned as beyond the Seas where he is in England day of the Summons it is provided that this Essoyne be not allowed if the Demandant will averr that he was in England the day that the Summons was made and three weekes after But let it be adjourned And if the Tenant be attaint which was in England day of the Summons and three weeks after the Essoyne shall turne to him for a default Westm 1. chap. 41. In a Writ of Assise of Attaints and Juris utrum provided it is for travaile of Jurors that if the Tenant once appeare in the Court never after no Tenant can essoyne him Glocester 1. chap. 18. Provided that in other Pleas then Trespass or Attachments and Distresse lying if the Defendant make himself to be essoyned of the Kings Service and doth not bring his Warrant at the day which is given unto him by his Essoyne he shall render to the Plaintif Dammages of the torne of twenty shillings or of more according to the discretion of the Justices and be in the Kings mercy Westm 2. chap. 12. There lies not for one that brings an appeale of the death of a man an Essoyne West 2. chap. 17. In the Circuit of the Justices there is no Essoine admitted of being sick in bed of a Tenement unlesse he which makes himself to be Essoyned truly be sick for if it be excepted against by the Demandant that the Tenant is not sick nor in that state that he cannot come before the Justices they will receive a reproach and if this be disproved by an Inquest let that Essoyne be turned to a default neither lies that Essoyne in a Writ of right between two claimings by the same discent West 2. ch 27. After that any hath put himself upon any Inquest at the next day let there be an Essoyne allowed to him but at other dayes following by Essoyn let there be no deferring of taking the Inquisition whether he first had an Essoyne or not neither let any Essoyne be admitted after the day given by the request of the parties in case that the parties consent to come without an Essoyne Westm 2. chap. 28. When by the Statute of Westm 1. chap. 41. It is appointed that after the Tenants have once appeared in the Court there shall be no Essoyns allowed them in VVrits of Assise in the same manner from hence let it be observed of Petitioners The Statute of Essoynes questioned 12 Ed. 2. That Essoynes do not lie in these following Cases that is There lies no Essoyn Because the Land is taken into the Kings hand Because he is restrained by Land Because there is granted to him from hence Judgement if the Jurors come Because he was seen in the Court. Because at another time he essoyned himself as being not able to come He shall not be essoyned as being beyond Sea Because such a one essoyned him such a Day Because it was commanded the Sheriff that he should make the party to come 41 Ed. 3 f. 29. Because a VVoman is not in the Kings Service but because a Nurse Midwife or sent for by a VVrit to inspect the Belly Because she seems to be deceived in her Dower and deferring of Right Because such a Complaint hath not found Sureties to prosecute Because the Attorney was essoyned Because he hath an Attorney in his Complaint Because he is essoyned witnessed c. that he is not in the Kings Service Because the Summons is not testified or part of the Return not attached Because at another time he was essoyned of the Kings Service and now did not send his VVarrant Because re-summons was in the last Presentment or Death of his Ancestor 30. Book of Assises 51. Because such a one is not named in the VVrit Because it was commanded the Sheriff that he should distrain him to come by his Land and Chattels Because it was commanded the Bishop that he should make him come Because the time was past But it is to be known that an Essoyn of the Kings Service is allowed after the great Cape and the small Cape 1 H. 6. f. 4. Trespasse Issue was if the Land were the Freehold of the Plaintiff or of the Lessor of the Defendant and after Issue the Defendant prayed aid of his Le or and at the Summons returned the Prayee was essoyned and at the Day which he had by the Essoyn he joyned and at the Venire facias returned the Prayee cast Essoyn and it lies for that that the Statute is Porâ—quam c. 44 Ed. 3. fol. 38. Precipe the Tenant tenders his Law and this is at Issue for that after he shall have but one Essoyn 37 H. 6. f. 2. The Plaintiff was essoyned at the Day of the Law 9 H. 5. f. 5 the same 48 Ed. 3. fol. 21. One is essoyned after Issue in London and at the Day in Bench upon a forreign matter is there essoyned again for it is the
of this VVrit of Corpus cum causa to be brought in c. If it were necessary the cause of keeping and detaining A. of B. within written here follows A. of B. is taken for suspition of Theivery Felony and because he cannot finde sufficient Sureties to expect the Law of our Lady the Queen he was committed to our Lady the Queens Prison of R. and for the cause aforesaid detained notwithstanding the Body of the said A. before c. W. D. within written was taken before the coming of this Writ in such a place Account and in a Prison of our Lady the Queens there under my Custody was detained by reason of which Complaint in the Queens Court there before me the said Sheriff upon him by the name of W. c. at the Suit of such a one in a plea of Account affirmed whereof in the same Court before me the said Sheriff the parties aforesaid pleaded and put themselves upon the Jury of the Country in the same Court and afterwards the said W. of D. by sufficient Sureties to answer the aforesaid such a one of his Plea aforesaid he was set at Liberty from the Prison aforesaid and because the said W. after the said Bailment came not to Judgement in Custody his Body at the day and place aforesaid I cannot have The within named J. C. Treason was called at W. before such a Justice by W. his Probator such a day and year for divers Treasons by him committed and for that cause was taken at C. and committed to the Prison of our Lady the Queen of N. notwithstanding his Body c. at the day and place within contained I have ready as is within commanded me c. A. Outlary the Daughter of A. of B. by the name of A. of B. before the coming of this VVrit was outlawed of Felony before P.S. R.T. and their Fellows Justices of the Queens of the Peace in such a Liberty or in the County to be kept and after by the command of the said Justices to me late directed the same A. was taken at D. and for the cause aforesaid was committed to the Queens Prison of W. notwithstanding c. By vertue of this VVrit Supplicavit I certifie you that A.W. within written was taken by vertue of a certain other VVrit of our Lady the Queens called a Supplicavit at the Suit of D. P. long before the coming of this VVrit and committed to the Prison of our Lady the queen of B. because he could not finde sufficient Sureties to keep the Peace toward the said D. and for this cause and no other is kept in the said Prison notwithstanding c. Otherwise it may be said A Rule that he was condemned in such a Court of his own Confession or by his taxing thereof by the counsel of the Court Before the coming of this Writ by vertue of a certain other Writ called a Capias utlagatum A Capias utlagatum to me directed whose Transcript I send you annexed I took C. D. within named and committed him to our Lady the Queens Prison of C. and there in the same Prison he is kept for the cause aforesaid notwithstanding his Body c. Before the coming of this Writ Account A. H. S. Auditors of the Accounts of W. of B. to me by Indenture delivered to keep the Body of R. S. within written safely and securely till he should satisfie W. B. of two hundred pounds behinde upon the end of the Account of R.S. found before the said Auditors c. and this is the cause of the taking and detaining the said R. S. notwithstanding the Body c. Many wayes one may be said to be taken and detained for ten pounds against him recovered in such a Court Debt or is taken by the command of our Lady the Queen or upon a Recognizance acknowledged in the Chancery and Appeal for the Death of a man or of Robbery c. The within named R. V. was taken at D. Rescous tenth Day of May the year within written by T.B. the Bailiff of our Lady the Queen and mine by vertue of a certain Warrant by the pretext of this VVrit by me made and to him directed and upon this the aforesaid R.V. with others unknown by force and armes that is staves c. made an Assault upon the said Bailiff and took him out of the Custody of the said Bailiff and never after the said R. V. in my Bailiwick I could finde The execution of this VVrit doth appear in a certain Schedule to this VVrit annexed Otherwise Schedule By vertue of our Lady the Queen 's VVrit to me directed and to this Schedule annexed I have made a certain VVarrant of mine to one J.M. my travelling Bailiff to take and arrest E.G. in the said VVrit nominated according to the exigent of the said VVrit which said Bailiff of mine by vertue of my VVarrant aforesaid the 9. day of J. the year of the Reign of our Lady Elizabeth Queen within written the twentieth at D. in the County aforesaid took and arrested the Body of the said E.G. and then and there the said E. G. was in his Custody upon which F. G. of D. aforesaid in the County aforesaid Gentleman and T. M. of the said Town and County Gentleman then and there by force and armes c. made an Assault upon my aforesaid Bailiff and my said Bailiff then and there against the Law and Custome of the Realm of the said Lady Queen of England and against the will of the said Bailiff of mine imprisoned him and the same Bailiff of mine in Prison there by the space of an hour then detained and twenty pence in told Money of the Goods Chattels and Moneys of my said Bailiffs then and there the aforesaid T. M. took and the aforesaid E. by force and armes aforesaid then and there out of the Custody of my said Bailiff took and rescued and also the same E. her self then and there out of the Custody of my said Bailiff rescued against the will of my said Bailiff and against the Peace of our Lady the Queen now c. and after the said E. is not found in my Bailiwick By vertue of this Writ to me directed Otherwise I have made a certain Warrant to one R. P. my Bailiff this torn riding to take and arrest the within named T. L. according to the exigent of this Writ which truly R. P. by vertue of the Warrant aforesaid after that is to say second Day of May the year of the Reign of our Lady the Queen within written twentieth at B. in the County aforesaid took the Body of the within named T. L. of B. aforesaid in the aforesaid County of F. which truly T. the Day Year and Place aforesaid by force and armes made an Assault upon R. P. my aforesaid Bailiff and bear him wounded him and abused him so that they dispared of his life
Reigne of our Lady the Queen within written the 20. R.L. within named first was called and appeared not that VVrit so above indorced was delivered to me by I. E. Esq late Sheriff of the County within written my next Predecessor in his going out of his Office as afore in the back of this VVrit And at my county Court c. as before That VVrit so above indorsed Otherwise together with the Writ of our said Lady Queen of Smpersedeas to that annexed was delivered to me by M. D. Knight late Sheriff of the County aforesaid my next Predecessor By vertue For defect of Coroners c. at my County Court held there the third Day of November the said twentieth Year of our Lady Queen Elizabeth within written the aforesaid T. C. was the fifth time called and did not appear and for want of W. B. and R. C. Coroners of the foresaid County I could not further prosecute By vertue c. and at my County Court c. and because there were not more County Courts held in the County aforesaid from the Day of the Receit of this VVrit aforesaid till the Day of the Return of the same by which nothing is done for present or so and therefore in the executing of this VVrit what is further to be done nothing is done There are joyned to them four County Courts Allocat Com. at which J. B. within named was called and appeared not and further by vertue of this VVrit at my County Court held at W. in the County of W. within written the eight Day of September the Year c. the within written twentieth the said J. B. was the fifth time called and appeared not therefore by the Judgement of the Coroners c. and if it be a VVoman it shall be so Therefore according to the Law and Custome aforesaid Otherwise of a Woman Supersedeas A. R. Waiviata est By vertue c. and at my County Court aforesaid held there the Tuesday that is to say the twentieth Day of A. the said Year the twentieth of our Lady the Queen within written the aforesaid A. R. the fourth time was called and appeared and brought to me a VVrit of our Lady the Queen of Supersedeas which is fastened to this VVrit by which to the executing of this VVrit you shall altogether seise or so As in the foresaid VVrit of our Lady the Queens of Supersedeas I am commanded By vertue c. and at my County Court Delivered himself c. the aforesaid J.W. and A. 4. are called and the aforesaid J. appeared and delivered himself to our Lady the queens Prison of E. whose Body before the Justices within written at the Day and Place therein contained I have ready as that VVrit in that commands and requires and the foresaid W. and A. appeared not And further at my County Court held Supersedeas c. the foresaid W. and A. were called the fifth time and the said W. brought to me a VVrit of our Lady the queen of Supersedeas which is fastened to this VVrit by which of executing this VVrit further doing any thing for the foresaid W. I have altogether desisted and the aforesaid A. appeared not therefore according to the Law and Custome of the Kingdome of England he is outlawed By vertue Outlaries otherwise c. and at my County Court held at W. in the County aforesaid twelfth Day of April c. J. H. R.S. I. C and all other Defendants following in this VVrit nominated besides J. H. which brought me a VVrit of our Lady the queens of Supersedeas therefore to him to make further prosecution I altogether desist as in the said VVrit of Supersedeas I am commanded And besides R.S. which yeilded himself to the Prison of our Lady the queen of F. within the County of W. whose Body before the Justices Reddidit se c. and so besides J.C. which is dead did not appear therefore by the Judgement Dead c. and the foresaid I. C. is waived in presence of F. W. and I. C. Coroners of the said queen Waived in the County aforesaid As to the Exigent taking out-Lawing Otherwise or in any way molesting the within named P.T. by vertue of this VVrit to the Justices of our Lady the Queen within written at the day and place therein contained I certifie that by vertue of another VVrit of our said Lady the Queen to me directed and to this annexed I supersede altogether as by that VVrit I am commanded By vertue c. I. B. and the other Defendants within named were the second time called Sick and the aforesaid I.B. appeared and yeelded himselfe to the Prison of the sayd Lady Queene of F. within the County of W. aforesayd and in the same Prison remaineth sick troubled with many Infirmites so that for the weaknesse of his Body and Danger of Death he cannot travell or be carried by which the Body of the said J. B. before the Justices within written for the present I cannot have according to the form of this VVrit and the within named J. P. and R. R. being the fifth time called did not appear and because at none of the County Courts they appeared the foresaid I. P. and J. R. according to the Law and Custome of the Kingdome of England are outlawed and either of them is outlawed as this VVrit in it self challengeth and requireth At the County Court c. first second third fourth he was called and appeared and yeilded himself to the Prison of our Lady the queen of C. where he is so sick that for Danger of Death him before the Justices within written at the Day and Place therein contained I cannot have By vertue of this VVrit to me directed at my County Court of W. held at W. in the the County of W. within written the Tuesday the twentieth day of M. the yeare of the Reigne of our Lady the queen within written the one and twentieth I made to be proclaimed and at my County Court of W. held at W. aforesaid in the said County of W. the twentieth day of M. aforesaid the twentieth year of our Lady the Queen within written the second time I made it be proclaimed and also at the Generall Sessions of the Peace held at W. in the said County of W. in the parts of M. within written upon Thursday that is the twelfth of September aforesaid the twentieth year of our Lady the Queen within written publickly I made to be proclaimed that J. C. and all the rest of the Defendants within named should yeild themselves to the within named Sheriffes in L. so that the same Sheriffes may have their bodies before the Iustices within written at the day and place within contained as this Writ in it self commandeth and requireth W.H. Defendant within named was not found in my Bailiwick after the receit of this writ and for that Otherwise for the
Writ to me directed I have extended and apprized all the Lands and Tenements Goods and Chattels of the aforesaid A. in my said Bailiwick which truly Extent is to this Writ annexed and also all the Lands and Tenements aforesaid in the same Extent specified together with his reasonable Damages and Costs I have levied according to the form of the Statute thereof inacted and provided and according to the form of this Writ By vertue c. To give Seisin I have taken the Goods and Chattels of J. M. within mentioned to the value of all the Money within written and have set them to sale and because I have not yet found Buyers therefore the Money within c. I cannot have at the Day and Place within contained as c. By vertue c I certifie the Justices within written To deliver Seisin that such a Day and Year within written I have caused A. B. to have full Possession of one House with the Appurtenances in S. within written in all as this Writ c. By vertue c. such a Day and Year within specified Otherwise I caused the within named A. B. to have and to be assigned full Seisin of a Mannour and Tenement within specified in a convenient place that is to say of the Mannour of F. twenty Acres of Land a hundred Acres of Meadow c. with the Appurtenances in F. c. in the County within written according to the forme and effect c. By vertue View c. I have made R. G. to have the view of one House with the Appurtenances in C. and I have told R. S. and J. D. T. M. and H. R. four Knights of those which were present at the view that they should be before the Justices within written at the Day and Place therein contained to testifie that view as that Writ in it commandeth and requireth By vertue c. I certifie the Justices within written that none of the part of R. S. came to shew me the view of a House and Meadows with their Appurtenances within written therefore touching the Execution of that Writ nothing is done by me for this present By vertue To have the view c. I certifie the iustices within written at the Day and place within contained that such a Day and year I caused the within written J.F. and M. his VVife to have the view of the House c. within specified with the appurtenances and I told A.B.C.D.E.F.G.H. four Knights of my County which were present at the view that they should be before the Iustices aforesaid at the Day and Place therein contained to testifie that view as within I am commanded By vertue Otherwise c. of our Lady the Queens to this scedule annexed I have caused I.G. in the said VVrit nominated to have the view of sixty Acres of Pasture with the appurtenances in G. which H.F. in the Courrt of our Lady the Queen before her Iustices at Westminster claims as his Right and inheritance against the aforesaid I G. by a writ of the Queens in Form of Gift in Discender and I said to four Knights which were present at the view that they should be before the Iustices of oursaid Lady the Queen at Westminster at the Day in the said VVrit specified to testifie that view as in the said VVrit I am commanded None came to me of the part of the within named R. F. Otherwise to shew me the view of a Pasture within specified for which cause I could not make the view of that Pasture within written to R.F. to have The execution of this writ doth appear in a certain inquisition to this writ annexed Inquisition indented Inquisition taken at G. which is a place wasted in the County of D. such a day and year before W. L. the Sheriffe aforesaid by vertue of a Writ of our Lady the Queens to the same Sheriffe thence directed by the Oath of twelve men sworn which say upon their Oath that R.M. in the said Writ nominated made Wast and destruction in a Wood in which in the Writ aforesaid there is mention and in the Wood aforesaid cut twenty Oaks price every one twenty pence part whereof he sold and part carried away to the disinheriting of VV.F. within written and against the Form of provision in the said VVrit specified and say upon their Oath that the aforesaid R. hath made no more VVast in the VVood aforesaid as to them any way can appear in witnesse of which thing c. By vertue c. I came to a place wasted Otherwise in the VVrit contained as within I am commanded and the residue of the execution of this VVrit doth appear in a certain inquisition to this VVrit annexed An inquisition indented Inquisition taken at F. in the County of VV. such a day and year before VV. K. Esquire Sheriffe of the aforesaid by vertue of a certain VVrit of our Lady the Queens to him directed and to this inqusition annexed by the Oath of A. B c. to the number of twelve which say upon their Oath that I.B. in the aforesaid VVrit nominated made waste sale and destruction in Tenements Lands and woods in the aforesaid VVrit specified that is to say in suffering a Hall c. in the writ specified to be uncovered by which the great timber of the same House by tempests of Rain falling upon them became rotten c. By vertue of this writ to me directed I have made to come before the Justices within written at the day and place therein contained all writs Ass of Iurors and Certificates in the County of VV. within written together with the Pannells Attachments Re-attachments Re-summons and all other Adminicles Ass of Iurors and certifie those whom they concern I have made also made come before the said Iustices at the Goale Delivery of our Lady the Queen of F. of the Prisoners therein being to be delivered assigned at F. aforesaid at the aforesaid Day all the Prisoners in the Goale aforesaid being them any way concerned and to the view of every Town and place where the Felonies of which the said person indicted apppealed or arrested were were committed as well within the Liberties as without twenty four good and lawfull men to whom the truth of the thing may be best known and inquired and who are not any way of kindred to the said Prisoners together with four men and Governors of their Town or place to do that which then and there to them on the behalf of the said Lady our Queen they are now injoyned and also I have made it to be publickly proclaimed throughout my whole Bailiwick that all they which would follow against those Prisoners that then they should be there against them as it was iust to prosecute and I did give understanding also to all the Iustices of the Peace Coroners Stewards Bailiffes of Liberties and Hundreds of the County aforesaid that then hey
should be there with their Rolls Records indictments and other their remembrances to do that which to their Office belonged as within I am commanded The residue of the execution of this Precept doth appear in a certain scedule to this Precept annexed By vertue Session c I have made to come before the Iustices within written at M. within specified the day and year within contained all Constables and Bailiffes of Hundreds and Burgers within specified and also of all aforesaid Hundreds twenty four Iurors to do those things which to them on the behalf of our Lady the Queen then and there they are inioyned I have also given notice to all Constables and Bailiffes of Hundreds within written that they should be there having the names of all the Artificers Labourers and servants of Husbandry within the Hundred aforesaid against the form of the statute to that end enacted and provided And likewise I caused very sufficiently to be proclaimed within my Bailiwick that all they which as well for the said Lady the Queen as for themselves against any of the Artificers Labourers and servants any complaint according to the Form of the statute provided to complain off or would prosecute that then they should bring in their Bill before the Iustices if they thought fit as within I am commanded A Calender A Calender of the names of the Justices of peace Derby of our Lady the Queen Coroners Stewards Bailiffes of Liberties and Hundreds in the County aforesaid Summoniters at the Assises held at C. in the County aforesaid the Thursday in the fourth week of Lent the year of the Reigne of our Lady Elizabeth by the grace of God of England France and Ireland Queen Defender of the Faith c. twentieth of the names of the Prisoners in Goal of D. aforesaid being A.B.C.D. The names of the Justices of the Peace A. B.C.D. c The names of the Coroners A. B.C.D. c The names of the Steward and Bailiffes of the Liberty E.F.G.H. The names of the Bailiffes of the Hundred I. K.L.M. The names of the Prisoners in the Goal of D. being J.S. repreived J.N. taken at S. for suspition of Felony Processe in the Chancery I have made to be chosen two Knights For the Knights of the Parliament to be chosen girded with Swords the most fit and discreet of my County aforesaid that is to say VV.F. and J.S. which truly Knights have a full and sufficient power for the County aforesaid to do and consent to those which at the day and place within named of the Common Councell of the Realm of the Queen of England ordinarily are handled and the aforesaid W.F. and J.S. are Manucapted by J.P.W. B.J.D. and R.N. to be at the Parliament of the Lady the Queen at Westminster at the day within contained to do as that Writ in it commandeth and requireth I have also made a Precept tby vertue of this Writ to J.P. and W.S. Bailiffes of the Liberty of the Town of G that of the Town of G. they should cause to be chosen two Burgesses of the discreetest and most sufficient that they be at the Parliament of the said Lady the Queen at the day within contained to do and consent as aforesaid which truly Bailiffes so answer me that they have caused to be chosen of the aforesaid Burrough of G. two Burgesses discreet and most sufficient to be of the Parliament aforesaid that is to say S. W. and R.VV. By vertue c. at my next County Court For choosing Burgesses of the Parliament after the receit of the same held at W. such a day and year in my full Court I caused to be proclaimed all things in that writ contained acccording to the Form and effect of this VVrit as c. the residue truly of the execution of this VVrit doth appear in certain Indenture to this VVrit annexed This Indenture made such a day and year Indenture between M. P. Sheriffe of the County of C. of the one part and J.D. and A.B. c. of the other part witnesseth that according to the Form of the writ to this Indenture annexed Proclamation being made in the full County Court held at C. such a day and year the aforesaid J.D. and S.B. c. which were in the County Court aforesaid at the making the Proclamation according to the Form of the Statutes in the writ aforesaid specified and the command of the said writ chose A.D. and J. A. to be Burgesses of the City aforesaid at the Parliament in the said writ specified which have a full and sufficient power for them and the County of the City aforesaid to do and consent as the writ in it self commandeth and requireth in witnesse whereof the parties aforesaid to these Indentures have severally set their Seals c. By vertue of this writ as well within the Liberties as without Upon the Writ of receiving the order of Knighthood throughout my whole Bailiwick I have made to be proclaimed that all and singular persons that have Lands Tenements and Rents as is within written whose names in a certain scedule to this writ annexed are written at the presence of our Lady Queen about the Feast within written personally shall appear and come to take the aforesaid order as within I am commanded By vertue Adjournment c. all writs to me delivered or to be delivered before the Iustices within written at Westminster in Octabis of Saint Hillary returnable or returned I have before the Iustices within written at Westminster the day c. together with all executions of the same and further army County Court held at N. such a day and year publickly I made to be proclaimed that the parties in the same writs named should keep their dayes before the Iustices at Westminster the next Term as this writ c. By vertue of this writ Certior are upon protection of our Lady the Queens within written in her Chancery under my Seal distinctly and openly that I certifie VV.T. within named under the safe custody defence tuition of the Town Castle of the Marches of the Queen at Callice in obedience to the said Lady Queen in S. aforesaid the said kinsman of hers holding place as Generall of the Town Castle and Marches aforesaid according to the Form of the Queens Letters Patents by which the said Lady Queen took the foresaid W. T. into her protection and defence doth not stay but draweth his stay in the City of London intending his own proper businesse c. I J.D. Knight Sheriffe of the County within named Supplicaâ— vit do certifie our Soveraigne Lady the Queen in her Chancery that before the coming of this Writ A.B. the within named was taken in my Bailiwick and in the Queens Prison there under my custody detained by vertue of a certain other writ to this Writ annexed for which truly the aforesaid A.B. before the coming of this Writ was delivered
and place therein contained as within I am commanded the residue truly of this execution of this Writ doth appear in a certain Inquisition to this annxed Before the comming of this Writ Other wise between 2 Sheriffs J.M. Esq late Sheriff of the County of W. the within named T.D. took and in the Prison of our Lady the Queens Prison with him detained by vertue of a certain Writ of our Lady the queens to the late Sheriff directed which said T.D. late Sheriff together with the Writ to him directed to me J. D. Knight now Sheriff of the County aforesaid in the end of his Office hath delivered whose truly body and the Writ to the said late Sheriff directed J. the aforesaid now Sheriff before the Iustices within written at the day and place aforesaid have ready to do and receive what the said Writ in that commands and requires This Writ as it is above indorced Testificate returned of the late Sheriff together with the inquisition to this Writ annexed twentieth day of June in the year of the Reigne of our Lady the Queen within written ninth was delivered to me J.D. Knight Sheriff of W. within written by J. E. Esq late Sheriff of the County aforesaid my Predecessor in the going out of his Office This last return ought to be written in Romane Letters By vertue Certiorare c. All and singular indictments R.B. within named before our Lady the Queen wheresoever she were in England at the day within contained I send in a certain Scedule to this Writ annexed We A.B. and C.D. Coroners of our Lady the Queen of the County within written Otherwise by the Coroners Do certifie the Iustices within written at the day and place within contained that we have searched the Rolles and other our remembrances and also all and singular writings of all and singular Courts held in our pesence as well at the Suit of our Lady the Queen as at the Suit of G.H. or any other pubished and we can finde nothing thereof nor can certifie any such Record before the Iustices according to the form of this Writ By vertue c. I certifie the Iustices within written that such a day and year I took into the Queens bands 3. Cessation by two weeks Houses c. within written by the view of A.B.C.D.E.F. and. G.H. good and lawfull men of my bailiwick as within I am commanded By vertue c. Dedimus potestt atem I certifie our Lady the Queen into her Chancery that A.B. within named before us hath taken his Corporall Oath that the Letters Patents whereof within there is mention made came to the hands of the within named C.D. his Testator But by his Oath he saith that nothing of the Articles and other circumstances in the same Letters Patents specified before him was found The Answer of H.L. and J.D. Commissioners By vertue of this Commission to us directed The return of Commissions we have taken the Answer of T. D. within named upon the holy Evangelist that all things in the said Answer are true which Answer so taken is to this Commission annexed together with the Bill together in the same directed and all other things which in the said Commission are contained or belong to it we have made to be done according to the effect and tenor of the same as within we are commanded Returne for the Chancery or the Master of the Rolls By vertue c. there was a Search made amongst the Records of the Chancery of our Lady the Queen within written and in them or any of them I finde as yet no Record for the Queens title by which it can appear of any Lands or Tenements with the appurtenances in S. in C. which were of late the within named J. S. which ever came to the hands of our said Lady the Queen as in this Writ is supposed I certifie the Justices aforesaid Decies tantum that the within named S.A. at the day and place therein contained before you I have ready to do and receive what the Court of our Lady the Queen within written shall consider of that according to the form of this Writ I J.D. Suerty oâ— the Peâ— assigned one of the Justices of our Lady the Queen in the County of D. of the Peace to be kept Send before our Lady the Queen in her Chancery the Tenor of the security of the Peace of which in the said VVrit there is mention under my Seal as the said VVrit in that commandeth and requireth c. VVhich truly security is annexed to this VVrit Security of the Peace as it is taken The answer of T.F. Mayor of the City of D. and one of the Justices of our Lady the Queen assigned in the same City to preserve the Peace By vertue Certificate scedule c. All and singular the Recognizances which A.D. and the rest within named before the justices within written late made with all things touching them before our Lady the Queen at the day and place therein contained I send under my Seal to these presents annexed as within c. T.F. Mayor of the City aforesaid Process out of the Exchequer The within named Lady J.S. hath nothing in Mannors Nihil Lands and Tenements within written but with J.S. Esq whom shee took to Husband By vertue of this VVrit to me directed I have taken the body of the within named J.S. whose body Ceâ—i Corpus before the Barons within written I have ready as within I am commanded By vertue of this writ to me directed I certifie the Barons within written I have taken as well the body as the Lands Distresse that I have taken the body of the within named J.R. whose body before the said Barons I have ready at the day within contained And also twentieth day of January the eighth year within written I took into the hands our said Lady the queen by name of Distresse certaine Lands and Tenements of the within named J.R. lying and being in B. of the yearly value of a hundred shillings as the said Writ in it commanded and required The within named J.E. is not to be found in my bailiwick I have taken as well body as goods nor hath any Goods or Chattells in my Bailiwick But by vertue of this VVrit to me directed I certifie the Barons within written that the fifteenth day of June in the twentieth year of the Queen within written I took into the hands of the said Lady the Q. in name of Distress seven Houses or Tenements with their appurtenances in M. which are of the cleer yearly value of fifty shillings and one cheif House or Farm with the Appurtenances in W. of the yearly value of five Markes The within named A B. is not to be found in my bailiwick 〈…〉 and further I certifie the Barons within written that by vertue of this VVrit to me directed Such a day and year within
not lie against him 21 H. 7. fol. 22. and 11 H. 4. fol. 36. the same by Hank i◠case of the Abbot of Glassenbury Held that the Sheriffe may arrest a verger in the Church or a secular man and shall not be punished by trespasse But by the statute of 1. R. 2. chap. the last see Pulton title Arrests If any arrest any Minister which is doing Divine Service in the Church Churchyard or other place he shall be Imprisoned and punished c. If an Officer distrain or attache the horse of a Master where the plaint is against the servant trespasse lies for the master against the Officer for the Officer ought to take notice at his perill whose goods he distrains or attaches 13 H. 4. fol. 2.14 H. 4.24 11 H. 4.90 Doct. Student 129. Where an Officer arrests another man which is not defendant or attache goods which are not the defendants he is a trespassor if the Plaintiffe shew him the party of goods and saith he is the Defendant or not 11 H. 4. fol. 90. It seems that the Officer shall take notice at his perill whose beasts he repleves 14. H. 4. fol. 24. If the Officer restrain any Prior or other Prelate for debe or trespasse when he is in his journey riding by his horse upon which he rides where he may distrain other goods action upon the case lies against the officer Quare cum c. Fitzh fol. 93. I. Where the Sheriffe hath a Capias he may arrest one without shewing it and so may a Bayliffe erant But the servant of a Sheriffe and of another cannot without shewing the Warrant The same Law is of a Bayliff of the Lord or Beadle which by custome serve Attachements or distresse They having a command may serve it without shewing it But so cannot they do where they have a command to summon Copy-hold Land or a command in nature of Grand cape Petit cape habere facias visum or Habere facias sefinam 14 H. 7. fol. 9. 21 H. 7. fol. 37. 8 Ed. 4. fol. 14. and 10 Ed. 4. fol. 1. If the Sheriffe arrest one by a Capias and after do not return the Writ or return non est inventus false Imprisonment lies against the Sheriffe But in Court Baron no Capias shall be awarded yet if the Officer there serve an Attachment or distresse and do not return his precept at the next Court Trespasse lies against the Officer for the Defendant and an Action of the Case lies against him for the Plaintiffe which sued the Action for not returning of the Precept 10 Ed. 4. fol. 18. 3 H. 7. fol. 3. If the servant of the Sheriffe arrest one by Precept made out of a Capias and return his precept to the Sheriffe and yet the Sheriffe do not return his Capias false Imprisonment lies against the servant But by the 18. of Ed. 4. fol. 9. it appears that it is otherwise where the Baylife of the Liberty arrests one by precept out of a Capias made to him by the Sheriffe and returns his precept and the Sheriffe do not return the Capias there lies false Imprisonment against the Sheriffe and not against the Bayliffe But in Court Baron Bayliffe or Beadle which have a precept of the Steward cannot make precepts out of that to serve 21 H. 7. fol. 22.20 H. 7. fol. 13. One may arrest one in the presence of the Sheriffe which hath a Capias by his Commandment it is his arrest without shewing the precept and Bayliffe or Beadle of a Court Baron may attach or distrain any thing without a precept in the presence of the Steward and by his Commandment 8. Ed. 4. fol. 14. 21. H 7. fol. 22.16 H. 7. fo 14. See there Bayliffe or Beadle of Court Baron distrain or serve Attachment and the Defendant makes rescous and chaseth the thing destrained or attached out of the Mannor and the Officer freshly follow and takes it again and brings it into the Mannor again and may well do it 33. H 6. fol. 52. and 55. and 2 Ed. 4. fol. 6. accordingly If a Sarjeant at mace arrest one and he resists he may beat him and others upon request may aid him 2. Ed. 4. fol. 6. B. and 3. H. 7. fol. 3. By Hank Officer cannot attach J. S. by my goods which he hath to dung his Land or to plough it or which he hath in pawn 11. H. 4. fol. 90. B. 31. H. 8. tit 159. It is said where one hath an Office of charge as to be Steward Bayliffe Parker c. That the grantor may out them and pay their Fee if it be so much certain but not where they have profits of Court c. 34 H. 8. tit 243. the same 28. H. 8. tit 94. Deprivation of an Office which lies in grant ought to be by deed and not by word 5. Ed. 4. fol. 5. Long report the Act of the under Sheriffe or his Deputy in the name of the Sheriffe shall charge the Sheriffe and for their act the Sheriffe himself shall be amerced and no other 39 H. 6. fol. 35. The opinion of the Justices was That escape of a prisoner is not a sufficient cause of forfeiture of the office of the Marshal which hath fee in that and held that the Marshal might grant that to another for life but his assignee cannot make a deputie And the opinion of the Justices that not executing of an office is a sufficient cause of seisure Deputie occupies to the use of the officer and his forfeiture or misdemeanour shall make the Officer to loose his Office but the misdemeanour of the grantee for life not but of his own estate 11 Ed. 4. fol. 1. Duke or Marshal in fee may make a Deputy for his Patent is to be executed by himself or his Deputie The same Law of the Office of Chamberlain of the Exchequer which is also an Office of trust for he keeps the Records of the King so that an Office of trust cannot be granted over If the Patentee hath it not to him and his Assignees he cannot make a Deputy and there agreed that he hath that in his own right and Deputy is not but to occupie in the Right of the Grantee See Perkins fol. 21. E. F. G. 10 Ed. 4. fol 16. 5 Ed. 4. fol. 27. Where an anuity is granted to keep a Park if the Grantee misuse that by which the Deere are killed that is forfeiture of his Office Littleton fol 73. If a man grant by his Deed to another the office of Parkership Steward Bayliffe 〈◊〉 there is annexed to that a condition in Law c. 5 Ed. 4. fol 10. The King grants to Garter the office of the King of Arms at will and 10 li. fee for tearm of his life for that Office If the Grantee be put from the fee the office shall cease for the Cause ceasing the effect shall cease 7 Ed. 4. fol. 23. the same 9 Ed. 4. fol. 5. If the King