Judges of these Courts these things are to be known First In this Court which is of the nature of a Court Baron not the Sheriff nor the Steward but as to all actions and proceedings by a Iusticies or other writ as also in other Suits which are there by plaint without writ the Freeholders Freeholders or suitors to be Judges of the County or Suitors are Iudges there But as to Outlawries the Coroners only are Iudges and the Sheriff Steward and Bayliffs are ministers and therefore the Sheriff can do no act there without the assent of the Suitors and if he do an Action of the Case lieth against Action of the Case against the Sheriff False Judgement him not a writ of false Judgement as it doth against the Suitors if they give a false Judgement and thereupon they are to be amerced whether the Suit be upon a Iusticies or not Secondly There must be two Freeholders at the least or else the Court cannot be held Thirdly In some speciall writ now out of use the Sheriff is Judge there Fourthly If the Freeholders do not appear they may be Affering amearced the amearcement affeared extreated and levyed but it must be done by two Freeholders at the least and may not be done by the Sheriffs without Freeholders Sect. V. Of the Povver and Proceedings of this Court in Generall THe power in Generall of this Court is either ex officio and of it self or by commission called a Iusticies and in Justicies both cases the Freeholders not the Sheriffs are Judges of this Court and they may by their own authority hold plea of hear and determine all lesser actions as actions of debt trespasse covenant detinue account and the like and in cases of Replevin where the debt or damage is not forty shillings or upwards and no freehold is in question and by a Iusticies they may hold plea of hear and determine all actions of what value soever and notwithstanding the freehold it self being in question And this not onely between persons and parties living within the County where the defendant lives but also between persons living elsewhere out of the County for any cause or contract ensuing within the County or any transitory things In all which cases their proceeding is much after the example of the higher Courts by entring of Plaints by the plaintiff himself or his Attorney putting in of pledges filing declarations And if the Defendant appear not by processe of summons attachment and distresse upon attachment infinite till he do appear which when he doth he is to plead and so to the triall of the cause which is commonly by wager of law but by consent of the parties it may be by Jeury as it may be also where the use of the Court is so And if judgement be given against the defendant the execution is by distresse a warrant is sent from the Judges to the Bailiff to seise the defendants goods put them in pound or sell them and bring the money in Court for the Plaintiff as the custome and course of the Court is And if the Court give judgement or do any thing contrary to Law the party grieved thereby must have his remedy by a writ of false judgement And Executors and Administrators may sue and be sued here as in other Courts But we shall open these things more particularly in the things that follow Sect. VI. Of a Iusticies A Iusticies is a writ in the nature of a commission directed to the Sheriff for the dispatch of justice in his County Court in some especiall cases wherein of his own authority he cannot deal And as to this part these things are to be known First That albeit the writ doth lie in divers cases yet at this day it is very rarely used in any case but in an action of debt or some such like action of or above forty shillings in which case the Sheriff hath not power in this Court without this commission Secondly That albeit the writ be directed to the Sheriff yet are the Suitors the Judges and their proceedings alike in this as in other actions And yet in this it is a County record and so it is not in the proceedings of all the rest Thirdly The Sheriff upon this writ may not make a precept to a Bayliff of a Franchise to have his cognizance of the cause nor may any other but the Sheriff and the high Sheriff as it is held himself hold plea upon this writ Fourthly A suit here upon Remove this writ is removeable as another suit is that is without it Fifthly The Sheriff is not bound to make any return of this writ Sect. VII Of an Attorney and Pledges ANy man may make a generall Attornees Attorney to sue for or against him in all pleas in this Court. And for pledges pledges which are such as do undertake for the Plaint that they should prosecute the suit and stand to the judgement of the Court there ought to be such in this as in other Courts of sufficient men of the county but this it seems is out of use and not necessary at this day Sect. VIII Of a Plaint THe Plaint is the first entry of the persons to and cause of the action in the Court upon which all the rest of the proceedings are grounded and is thus A. B. complains of C. D. in a plea of debt of ten shillings and so as the case is And as to this these things are to be known First No Plaint ought to be entred except in case of Replevins out of Court but in full County and sitting of the Court. And yet the course is otherwise and as it seems good enough Secondly The Sheriff or his County Clark or any other by either of their commandments or in their names may not enter any plaint in any mans name unlesse the Plaintiff be present in Court in person or else by his Attorney or deputy and yet this it seems is good enough though otherwise entred but for this cause it may be removed if it be set forth Remove and moved in another Court Thirdly Nor may any man enter a plaint in the name of a dead man of purpose to get money of the Defendant Fourthly Nor may any of the Officers of the Court enter or cause to be entred any more plaints then the plaintiffe hath cause and desireth against the defendant Fifthly There must be but one plaint for one contract trespasse or cause Sixthly The plaint that is for trespasse may not be vi armis for then a prohibition Prohibition may be had to stay the suit but leaving out these words it may be brought there for a trespasse Seventhly No plaint can be heard in this Court for charters touching Inheritance or Freehold Eighthly No plaint or suit can be entred here for debt or damages to forty shillings or upwards c. unlesse it be upon a Justicies But under forty shillings it may be for
Action of the case him and recover his damage by it Seventhly if the things distrayned be put by him that did distrayn them in a place where the Sheriff cannot come at them to make a Replevin as a Castle or the like he may take the power of the County and after demand beat down the Castle to take them and the owner of the goods shall recover double for his losse what ever it be And if the goods be put in a Castle or driven into another County or other place where he cannot deliver them upon the Replevin or Retorno Habendo he may grant a precept in the nature of a Withernam to whom he will to take Withernam the parties own goods Or if the Sheriff command the Bayliff of the franchise to make deliverance and he return that he cannot come at them the Sheriff at the next County Court may enquire of it by inquest of office and if he find it true he may of his own authority grant a precept in the nature of a Withernam to the Bayliff to take the parties own goods The which goods the Sheriff or Bayliff may either keep or deliver to the Plaintiff to keep at his choice But the defendant is to pay for the keeping of them before he have them again And if the Sheriff coming to make a Replevin and the party that hath the distresse clayme propriety in the goods for himself or for himself and another of his Master the Sheriff cannot proceed till this question be decided by a Proprietate Probanda Proprietate probanda Which is a writ lying where the Sheriff is coming to make a Replevin by writ or without before or after Gager de deliverance and the party that hath the goods and distrayneth them claymeth them for himself or his Master for whom he destrayned as their own then the Sheriff can proceed no further in the Replevin untill the Playntiff have sued out this writ which if the writ were had out of the upper Bench or common pleas may be had thence else out of the Chancery and thereby the Sheriff may try the property and if he have no property that pretended it then the Sheriff may go on in the Replevin If he had he must surcease for in all cases of Replevin the Plaintiff ought to have the generall or speciall property of the goods at the time of the taking For a Replevin lyeth upon either property It is therefore a good plea in a Replevin that the property is to the Plaintiff and a stranger but this finding of the Sheriff by this writ is but an inquest of office and therefore if it be thereby found against the Plaintiff yet may he have a writ of Replevin to the Sheriff and if he retain the clayme of property c. yet shall it proceed in the Court of common pleas where the property shall be put in issue and finally tried But a man cannot clayme property by his Bayliff or servant because if it be found against him he shall be fined that so doth which the Lord cannot be unlesse he clayme himself Eighthly this suit after it is once brought into the Court and the defendant which is the party that took the distresse doth appear is to be determined in this Court But according to the plea ministred by that party it becomes reall or personall For where there is property claymed it is personall But if the defendant justifie the taking as in his freehold or for services or rent behind or the defendant avow for damage fesant and the Playntiff justifie by reason of common of pasture then it is reall And then there can be no further proceeding there except it be upon a justicies but the case must be removed by a writ of recordare which must be read and allowed in the Court That the Plaintiff in the Replevin may have notice of the Court wherein it is removed and of the day that he do then appear and declare there against the taker or else he will have a returno habendo And then is the defendant to make his Avowrie and set forth by what right or for what cause he took the cattels Tenthly for an Avowrie is Avowrie where one doth estrayne another for rent or other cause and the party estrayned sueth a Replevin against the taker then he must justifie and avow in his plea the lawfull taking of them and shew why he took them whether in his own right or a servant or Bayliff to another And upon this the Plaintiff doth usually joyne issue and so they go to tryall commonly by a Jury Eleventhly if after the Replevin brought the Plaintiff whose goods be taken do make default or be non suited before declaration or the like or judgement be given against him he that distrayned the beasts shall have them delivered to him again by the writ of Returno habendo Returno habendo And this writ must have this clause inferted in it That the Sheriff shall not deliver the goods without writ wherein mention shall be made of the judgement And hereupon the Plaintiff if he will may have a judiciall writ to the Sheriff to deliver the beasts to him Twelfthly where a plaint is Second deliverance removed out of the County Court or Court Baron by Pone or Recordare into the common Bench 〈◊〉 after the Plaintiff in the Replevin is nonsuited before any Avowrie made notwithstanding this nonsuit the party that distrayned may have again the same distresse and no other by this writ which is only to revive the first suit and the defendant cannot have a recaption in this case for a double distresse And this is called second deliverance after which had and tryall thereupon or that the Plaintiff be again non-suited before declaration Return Irreprevisable shall be awarded Return irreprevisable to the avowant then he may make his attorney to the intent to ground a writ to enquire of damages or he may hold the beasts as a distresse till he be satisfied and if any returno habendo go forth before this writ this is a supersedeas to it and the Sheriff may not meddle upon it 1. If after one return awarded a return shall be another time awarded there shall be no more Replevins granted And if upon this default the second time or otherwise the defendant be adjudged to have a new return the distresse shall remain Return irreplegiable Irreplegiable Where one hath sued a Replevin Gager de deliverance and yet hath not the goods delivered and the other avoweth now he may shew this in pleading that the defendant is still possessed of the goods pray that he may put in pledges for the deliverance which when they come to issue or demurrer shall be granted him or after avowrie if the defendant do not clayme propriety in them and then a writ shall go to the Sheriff to deliver them but where the avowant doth clay me propriety
in them this is not grantable It is a writ lying where a man is distrayned for any services Recaption and having that suit he is distrayned again for the same cause though the distress be for service due after the first distresse yet it lyeth not till the first suit be determined Sect. XII Of costs of suits recoverable in this Court AS to the costs of suits recoverable in this Court These things are to be known First in all suits whether judgement be given for Plaintiff or defendant such reasonable costs of suit are to be given as the Court shall set down Secondly where the Plaintiff doth not proceed or the cause doth go against him upon the triall the Court must give the defendant reasonable costs for the unjust vexation Thirdly such remedy and execution shall be made for recovering of these costs as the Plaintiff hath for recovering of the costs he doth recover in that Court against the defendant Sect. XIII Of Amercements in this Court and the streats thereof ANd to this these things are to be known 1. The Court may amerce any man for any contempt or disturbance of the Court made in the presence of the Court for in what case a man may be fined in a Leet he may be amerced here and this it seems need not be affered as all others but Afferement it is safe to do it And when any officer doth commit any default or neglect in the execution of his office and when the Plaintiff is non-suit Quia non est prosecutus Because he hath not prosecuted either at the first or after when the Jury is ready to give verdict or the Court give judgement or pro falso clamore And when judgement is given against the defendant he may be amerced And when any Bencher Iuror Plaintiff or defendant doth make default he may be amerced so also every man for his default of appearance after summons may be amerced But all these amercements upon officers for their miscarriage must be Afferement affered by the Benchers the rest by them or some others otherwise they may not be extreated they may be levied by Estreates distresse and putting in pound not by sale without a speciall custome in it and being levied shall go to the use of the Sheriff And the Sheriff must see that he leavie none of these amercements untill they be first allowed by two Iustices of the Peace Sect. XIV Of removing of suits out of this Court SUits may be removed out of this into a higher Court. And this is to be done either by a recordare or by a pone And Recordare therefore the recordare is said to be a writ out of the upper Bench or common pleas directed to the Sheriff commanding him to send a plaint that is before him without writ in his County Court into that Court from whence the recordare is sent to the end that the case may be there determined And this the Sheriff must certifie under his seal and the seal of four of the Suitors of the same Court and he is to summon the other party to be in that Court whether the plaint is to be sent by a day and a pone doth Pone nothing differ from this but that that is to remove such suits as are there before the Sheriff by writ and not by plaint and as to this these things are to be known 1. That if these be sued out by the Plaintiff in the County Court it may be had without shewing any cause at all if it be had by the defendants suit he must shew cause As first being to remove a plea in a replevin by plaint to shew that the defendant avoweth for damage fesant and the Plaintiff doth justifie for common of pasture which is a plea touching freehold and therefore should not be without writ Or that he before whom the writ depends is a favorer of him that is of the other side Secondly if any officer of the Court proceed after the removeall he may be punished for it in the Court from whence the writ to remove it came for the suit in Law is now at an end in the inferior Court Thirdly and after it is once sent away it can never be sent back again but must be tried in the Court into which it is sent Fourthly a suit is sometimes removed out of this Court into False judgement a higher Court by a writ of false judgement And this writ is defined to be where an erronious judgement is given in any inferior Court that is not a Court of record as County Hundred or Court Baron then the partie grieved by the judgement may have this writ and remove the whole Proces of the suit into the common pleas and there it shall be examined and if it be found the judgement shall be reversed and the Suitors or Judges Jurors amerced of the Court that gave the judgement amerced Sect. XV. Of the Povver and duty of the officers of the Court. AS touching the power and duty of the officers and those that act under this Court these things are to be known First the Sheriff may if he will appoint speciall Bailiffs that is others besides the common Bailiffs to execute the processe of the Court. Secondly some say a warrant from the Court by word may be good in these cases but it is not safe to trust to such a warrant but to have it in writing Thirdly the officers that have any precept to execute must do it with all care and when done or not done give an account and make a return of it especially if they take goods in execution otherwise it is dangerous for perhaps by the not return the Act of the officer may become unlawfull Fourthly in taking of goods they must be reasonable Fiftly they may enter into a close or into any house of any other mans the door being open to take the goods of any man there upon any precept Sixthly they may take the goods of any man in any place within the County in another mans house or ground as well as in his own Seventhly they are to take upon execution so much of the goods as will satisfie the execution and bring them into the next Court where they must be prised Eighthly they are not to proceed in any case after it is removed into another Court Ninthly if the Sheriff or any of his officers shall procure others to commence suits against any person and shall cause them to resort to this Court. The party attached upon any such suit may replieve his distresse so taken and remove the suit before Remove the Justices c. Before whom if the Sheriff be convicted of such procurement he shall be amerced grievously to the Lord Protector and shall answer to Amercement the partie grieved treble damages Tenthly the Sheriff his Shire Clerk or deputies shall Estreates make no estreats to leavy the said Sheriffs
you cause to be levied and that you have the same mony at the next Court to answer the same to the said A. B. and that you have there also this precept c. And this precept is given where the defendant is condemned by default verdict or otherwise to levie the debt or damages of the goods of the defendant which being taken are to be prised and sould to satisfie the Plaintiff but the goods in this case may not be delivered over to the Plaintiff himself And as to all these Processe Officers and the execution thereof these things are to be known First that the Bailiffs or other officers of the Court upon these Processe or precepts must take care duly to execute them and to make return what they doe upon them Secondly they may upon these Processe take any mans goods or cattell in any place in the County upon his own or another mans ground Thirdly they may enter into any house or close if the door be open to do execution of the goods of the partie the goods being there Fourthly if any default be in the Bailiff or other officer in Amercement the execution of his precept or making return of it when it is executed or the like he may be amerced for it by the Court. And in some cases the partie grieved by it may have his action of the case against him Fiftly the goods they seize Attachment or take must be reasonable and not excessive Sixthly after Processe by Attachments or distresses once Or distresses granted the Sheriff ex officio may grant new Processe of the same nature And so after judgement entred he may grant out execution of course if the Court do not stay it But otherwise these officers are not to doe any thing without the Benchers except in case of necessity as granting of Replevins Replevins this is done of course Sect. X. Of the proceedings from the time of the defendants being summoned or attached to the end of the Suit THe proceedings in these cases is much after the fashion of the proceedings in the higher Courts as in these particulars that follow First when the defendant is to come in sometimes he may Essoyne be excused by an Essoyne for the defendant when he cannot appear at the time appointed by the Court for reasonable cause he shall have a further day and his default shall be saved and as to this essoyne these things are to be known 1. That the ordinary causes for which this is allowed are 1. That either the defendant is in the service of the Lord Protector or is beyond the sea or is sick or the water is so high that he cannot come or the like 2. He that casteth an essoyne ought to come at the beginning of the Court when Proclamation is made 3. If one be essoyned one Court the other may be essoyned the next Court. 4. No essoyne is to be allowed by either partie without cause shewed which may be without oath 5. No essoyne is to be allowed in these cases following 1. Where the partie himself is seen in Court 2. Where the partie hath an attorney in the same plea present in Court 3. Where the partie made default at the last Court before 4. Where the partie doth come in by distresse Secondly where the defendant Declaration doth appear the Plaintiff must see his Declaration be filed or the Plaintiff may be nonsuit otherwise unlesse the Court give further day to him also he must see to it that it be made perfect or the defendant Demurrer may demurre to it and put the Plaintiff to make a new Declaration and yet before the defendant have answered the Amendment Plaintiff may by order of the Court have any thing amended that is amisse in the Declaration Thirdly the defendant when Imparlance he appears and the Declaration is filed shall of course have an Imparlance for one Court that is upon his desire he shall have further day given him to answer till the next Court and this by order of the Court or agreement of the parties may be again continued to another Court Fourthly continuances must Continuances be made of cases in this Court from Court to Court as they are in the Courts at Westminster from terme to terme to keep the suits in being Fifthly the defendant after a perfect Declaration put in must Pleading give his answer or plead to it and for this these things are to be known 1. He must plead in the time appointed by the rules of the Court otherwise judgement will be given against him for his default by nihil dicit 1. because he saith nothing 2. His plea must be legall full and perfect or else it will be to the advantage of the Plaintiff for a bad or insufficient plea is in Law as no plea. Sixthly the ordinary pleas here to action of debt are as in the Courts at Westminster as the case is as for example if the suit be on a deed It is not his deed that it was made by threatning or imprisonment That he tendred the mony at the day and is still ready to pay it A release or acquitance by deed and such like Or if it be on a Contract without a deed payment or obligation made for the debt an arbitrement c. That he doth not owe the mony and such like And if the suit be against an executor or administrator the ordinary plea is that he was never executor or that he hath fully administred or the like Or if the suit be grounded on a deed or on a Contract without a deed that he was within age when he did make the deed or Contract or if it be against a woman that she was covert 1. had a husband when she made the deed or Contract or such like If the suit be grounded on an arbitrement that there was no arbitrement Legally made or that he hath performed the award If it be on a Replevin for trespasse by damage fesant that the beasts came in by the default of the inclosure of the Plaintiff or that he hath title of common there or the like And if it be on a distresse for rent That there is no rent behind or the like If it be on an action of detinue the ordinary pleas are That he doth not deteine the thing sued for a release or a guift to him by the Plaintiff of the thing sued for or that he did tender the thing sued for before the action brought or that he is ready to deliver the thing and hath brought it in Court or that the Plaintiff did deliver it to him as a pledge for twenty shillings which he hath not paid or that the thing sued for was delivered to him by the Plaintiff and another and not by the Plaintiff alone And such like Or if it be an Action of the Action of the case upon an assumpsit Case upon an assumpsit the ordinary
any action of debt either upon an account made by the parties or upon an especiallity or for wages after a hire or upon a lending or upon an arbitrement or the like and for a detinue and for actions of the case upon a delivery or upon a warranty or upon a Misfesans or upon a Nonfesans Nusans or the like Ninthly And upon a Replevin Replevin for damage fesant amearcement rent or the like and upon all actions of trespasse for breaking of a house taking away goods or the like And if the debt or damage be forty shillings or upwards the defendant may demurre to the Demurrer jurisdiction of the Court or have a prohibition And yet Prohibition it is a question whether these Courts may not hold plea so much now as forty shillings was then which is about six pound but it is not safe to adventure And it is held clear That if the declaration be laid for or above forty shillings albeit the Jury find the damage under forty shillings this will not help Tenthly If the debt be above forty shillings as for example twenty pound the Plaintiff cannot divide this into twenty severall actions to make this Court hold plea of it for in this case the defendant may wage his law with good conscience or have a Prohibition Eleventhly But if the debt be above forty shillings and the plaintiff will acknowledge in his plaint the receipt of so much as to bring it within forty shillings in this case perhaps the plaint may be good This plaint must be continued from Court to Court or else may be dismissed and the Plaintiff will be forced to begin again Twelfthly If the Sheriff or any of his officers shall procure others to enter plaints or suits in this Court against other men they may be punished for it by a speciall Act of Parliament Sect. IX Of the Processe of the Court. THe Processe of the Court Processe is the precepts that issue out in the actions and these are either originall which are such as issue out before judgement or judiciall such as issue out after judgement Those which we call originall are the summons and the attachment and distresse both which upon the matter are all one The venire facias the Alias and Plures and distringas or distresse The summons is a warrant Summons to an officer to warn the defendant in the action to appear to it And is after this form The Bailiff of the hundred of S. is commanded to summon C. D. that he be here at the next Court to answer A. B. in a plea of debt or in a plea of trespasse or in a plea of detinue as the case is or more largely after this form R. S. Esquire Sheriff of Gloue the County aforesaid to the Bailiff of the Hundred of W. greeting Forasmuch as A. B. at my County Court held for the County aforesaid complains against C. D. in a plea of debt of thirty shillings or in a plea of trespasse as the cause is and hath found pledges to prosecute c. These are therefore to require that you summon the said C. D. that he be here at the next Court to answer the said A. B. in the foresaid Plea and that you have there this warrant and shew how you have executed it Dated the eighth day of August 1655. Attachment is the second degree Attachment of Proces and issueth out where the defendant commeth not in upon the Summons and this is to take the defendants goods and keep them to the end he may appear and is made Briefely after this forme It is commanded the Baylife of the hundred of S. That he attach C. D. by all his goods and chattels to the end that he may be at the next Court to answer A. B. in a plea of debt c. or more largely as before in the other And in this case the Sheriffe may choose to take away the goods or leave them with the defendant which he will and if the defendant appear not by this at the day of the returne of the Attachment he shall forfeit them but the property thereof by the taking is not out of him till he hath made default so that if he appear or be essoyned the goods are not to be forfeit The distresse is the third degree Distresse of Proces or a third Proces and it is a warrant to the Bayliff to destrayne the defendant by his goods and chattels to the end that he may be at the next Court to answer A. B. as the cause is or largely as before And the alias and pluries doth not differ from these but hath these words added It is commanded the Bayliff c. as an alias or as a pluries the venire facias is a precept to summon a Iury to appear to try the case and it is after this forme It is commanded the Bayliff c. or To the Bayliff of the hundred of S. These are to require you the said Bayliff to cause to come twelve good and lawfull men of your Bayliwicke that they be here at the next Court to try an issue joyned between A. B. Plaintiff and C. D. defendant touching a plea of debt or as the case is and if the full Jury do not appear then as many as make default and be not essoyned Amercement shall be amerced And a Decem Tales awarded to summon ten more and the same day given to the first Jury after this forme It is commanded c. That he cause to come tenne such good and Lawfull men of his Bayliwicke c. as in the last At which day as many as make default and be not essoyned shall be amerced and then an Octo tales And affer that if needs be a Sex tales Till a full Jury appear The judiciall Proces in this Court is only the Levari facias which is a precept to the Bayliff Execution to levie the debt or damage recovered and the costs of suits of the goods and chattels of the defendant and is after this forme It is commanded to the Bayliff of S. That he cause to be levied of the goods and cattels of C. D. twenty shillings which A. B. hath recovered against him in this Court in a plea of debt for a plea of trespasse as the case is and for his costs and expence in the suit twelve pence And that he have the same mony at the next Court or thus largely R. S. Esq Sheriff of the Glouc. said County whereas A. B. at my County Court held for the said County hath recovered against C. D. twenty shillings in a plaint of debt and twelve pence for his costs of suit whereof the said C. D. is in the same Court convict by the judgement of the Court. These are therefore to command you according to the custome of the said Court the said twenty shillings adjudged by the said Court and the said twelve pence for costs that
done with or by the Iustices of the Peace Attorneys and Pledges Attorneys may be made and used in this Court as in the Attorneys County Court and for Pledges this usually is the Course that Pledges where the Plaintiff doth live out of the Hundred he is to find pledges of some sufficient men within the Hundred for him otherwise the defendant is not bound to answer But what remedy to have against the pledges If judgement go against the Plaintiff we cannot tell you except an Action of the case lye or some custome have been there time out of mind to charge them some other way Sect. III. Of the povver and proceedings in this Court in Generall to the end of the suit THe power and proceeding of this Court in Generall is much like to the power and proceedings of the County Court save only in the case of a Iusticies for no Iusticies doth lye to the Iudges of this Court. And that this is for the hundred only and that is for the whole County And that in most of these Courts there is no distress used to bring the party to appear but a summons and attachment only And as to amercements Amercements and Estreats and estreats thereof the rules of the one are all agreable to the other save only that the Iustices of the Peace have nothing to do with the estreats of these amercements And these amercements go to the Lord of the Leet not to the Steward For costs of suit both Courts agree in all things And for removing of suits the Courts are much alike Save only that to remove a suit of this Court there is another writ called an Accedas ad Curiam which is a Accedas ad curiam writ out of the upper Bench or common pleas directed to the Sheriff commanding him to go to such a Court of some Lord or franchise as County Court or court Barron where a Plaint is sued for taking of Beasts as a distresse or some false judgement is supposed to be given in any suit which hath been in such a Court which is not a Court of record and that he do there make record of the same suit in the presence of the Suitors of the same Court and four Knights of the County and certifie it into the Lord Protectors Court at the day limited in the writ and this cannot be had without shewing of some cause and the causes to remove these suits are when a Freehold is in question there or some forrain plea is pleaded not triable there Or the like And for Officers power and duty in these Courts it is altogether the same with the Officers of the County Court save only that which doth concern the entring of suits in other mens names and without their privity And also save only in what doth referre to their relation to the Iustices of the Peace of the County as to their estreats See for these things Chap. 1. Sect. 12. 13. 14. 15. and for the Fees of this Court the same is to be said as in the former Court their Fees differ and are by Law what they have been time out of mind But some of these Courts wherein the fees are reasonable are as followeth The Stevvards fees For entring every Action 2d Every order entred 2d Entring Declaration 2d If large then more  Entring every plea or answer 2d Every Essoyne 2d Every Process 4d Every continuance 2d Every nonsuit and detraxit 4d Entring the Judgement 2d Satisfaction acknowledged 2d Every wager of Law and entry 2d Warrants for witnesses and summoning Iuries 4d for removing and certifying a cause 6s 8d The Baylifs fees for Summons entrance 7d for executing every Process 4d Upon Iudgement for every shilling 1d for warning of the Iury 1s for warning of witnesses on a warrant 4d for every oath 2d The Attorneys fees for every cause at hearing 1s for the Declaration 4d for every Court the cause dependeth after he is retayned 4d Other Officers fees for the execution of every Process 4d CHAP. III. Of a Court Barron THe Court Barron is no What a Court Barron is Court of record but a Court that every Lord of a Mannor which anciently were Barrons hath within his Mannor as inseparably incident to his Mannor which Court is said to be double the one called the coppyholders Court for the triall of the titles of their land for the taking and passing of Estates Surrenders Admittances and graunts and herein the Lord or his Steward is Judge And the other is called the Freeholders Court which is only for the tryall of Actions wherein the Freeholders are Iudges The stile of this Court is after this manner The manner of Dale in the margent The Court Barron of I. S. Knight of his Mannor aforesaid held the first day of May 1655. before W. S. Steward there Sect. I. Of the beginning and use of this Court THis Court was first instituted for the ease of the Tenants The nature of it of the Mannor and ending of suits there under forty shillings That it might be done at home as it were at their own doors And it is much of the nature of the two former Courts Sect. II. Of the time and place for the keeping of this Court and the Iudges therein THe Iudges here are the Freeholders that is such Tenants as have ancient estates of Inheritance in any Lands held of the Mannor And of these there must be two at the least And therefore when once the Mannor is gone this Court is gone also or if the Mannor continue and there be but one Freeholder the Court is gone nor will new Freeholders as it seems made with in the time of memory serve and therefore coppyholders or leaseholders That by the Inheritance of the Lands nor of any that buy of the Lord a part of his demesnes these will not be Iudges of the Court. The place of keeping of these Courts must be somewhere within the Mannor And it may not be kept without the Mannor if it be all that is done at the Court is void and Coram non judice And yet perhaps where a man hath two or three Mannors together and time out of mind the Court hath been kept in one Mannor for all the rest of the Mannors there happily it may be good for all And the time of keeping of this court is once every three weeks not oftener but more seldome as the Lord of the Mannor shall please Sect. III. Of the Povver and proceedings in this Court THe power of this Court where it doth continue is much as the power of the hundred Court and the Process it holdeth plea under forty shillings also much like unto it And as for costs of the suit the power of the Officers amercements tryall and removall of suits the course in this Court is much like to the course of the Hundred Courts save only that here no Tryals are by Iury but all by wager of Law and proof of witnesses For all this therefore see Chapt. 1. Sect. 12. 13. 14. 15. c. And for the fees of this Court the same is to be said as in the former Court their fees differ and are by Law what they have been time out of mind but some of these Courts wherein the fees are reasonable are as the fees are in the Hundred Court The TABLE ACcedas ad curiam chap. 2. sect 3. Affering chap. 1. sect 4. 13. Amercements chap. 1. sect 13. chap. 2. chap. 3. chap. 1. sect 9. 15. Amendment chap. 1. sect 10. Attachment chap. 1. sect 9. chap. 2. chap. 3. Attorney chap. 1. sect 7. chap. 2. chap. 3. Avowrie chap. 1. sect 11. Challenge chap. 1. sect 10. Confession chap. 1. sect 10. Continuances chap. 1. sect 10. Costs chap. 1. sect 10. 12. Court The County Court chap. 1. The Hundred Court chap. 2. The Court Barron chap. 3. Declaration chap. 1. sect 10. Demurrer chap. 1. sect 8. 10. Distresse chap. 1. sect 9. Estreats chap. 1. sect 13. Essoyne chap. 1. sect 10. Execution chap. 1. sect 9. chap. 2. chap. 3. False Iudgement chap. 1. sect 10. 4. Fees chap. 1. sect 16. chap. 2. chap. 3. Gager de deliverance chap. 1. sect 11. Imparlance chap. 1. sect 10. Issue chap. 1. sect 10. Iudgement chap. 1. sect 10. Iusticies chap. 1. sect 6. 4. Levari facias chap. 1. sect 9. Nonsuit chap. 1. sect 10. chap. 2. 3. Officers chap. 1. sect 9. 13. chap. 2. chap. 3. Playnt chap. 1. sect 8. chap. 2. chap. 3. Pleading chap. 1. sect 10. Pledges chap. 1. sect 7. chap. 2. Process chap. 1. sect 9. chap. 2. chap. 3. Prohibition chap. 1. sect 8. Proprietate probanda chap. 1. sect 11. Recaption chap. 1. 11. Remove of a cause chap. 1. sect 6. 8. 16. Replevin chap. 1. sect 11. 9. Recordare chap. 1. sect 15. Retorne habendo chap. 1. sect 11. Return Irreprevisable chap. 1. sect 11. Second Deliverance chap. 1. sect 11. Summons chap. 1. sect 9. chap. 2. Tryall chap. 1. sect 10. chap. 2. 3. Wager of Law chap. 1. sect 10. chap. 2. chap. 3. Withernam chap. 1. sect 11. FINIS