same A. B. saith that the said Record is vicious and much defective and that false judgment is done to him in the said plaint in this that in the Record no mention is made whole that Court of the Honour of P. is and in this that no mention is made who is Lord of the said Court nor who are Suitors of the same and also in this that the Jury have not found that the said A. B. converted the same peece of Cloth to his proper use and so the same A. B. saith that divers ways in the said Court false Judgment is done to him in the said plaint And prayeth that the said Judgement for those divers errors and others being in the Record as false and erroneous may be revoked and taken for nothing And that he unto all which he by reason of the said false judgement lost may be restored And that the Justices here proceed to the examination of the premisses And because the Justices here c. SOME SELECT PRESIDENTS OF DECLARATIONS AND PLEADINGS Incident and belonging to this COURT Debt Executor against an Executor upon a Bill E. F. Executor of the last Will and Testament of I. F. deceased by vertue of a Writ of Iusticies to the Sheriff of the County aforesaid directed by I. S. his Attorney complains of M. VV. Executor of the last Will and Testament of R. VV. late of T. in the County Y. husbandman deceased otherwise called R. VV. late of T. of Y. Husbandman deceased of a Plea that he render unto him 7 l. of c. which he unjustly detains from him c. for that whereas the said R. VV. in his life time that is to say the 20. day of c. year c. at the Castle of Y. in the County of Y. and within the liberty and jurisdiction of this Court by his bill obligatory sealed with his Seal and here in Court produced bearing date the day and year abovesaid acknowledged himself to be indebted to the said I. F in his life time the whole and just sum of 7 l. of c. to be paid to the said I. F. his heirs executors administrators or assigns upon the third day of May next ensning the date of the said Bill and for the payment thereof the said R. VV. then and there bound himselfe his executors administrators and assigns Neverthelesse the said R. VV. in his life time though often thereunto required the said 7 l. to the said 1. F. whilest he was living hath not paid neither hath the said M VV. Executor of the last Will and Testament of the said R. VV. after his death paid the same to the said E. F. Executor of the last Will and Testament of the said I. F. to which said M. VV.'s hands came all and singular the goods and chattels which were the said R. VV.'s in his life time sufficient to satisfie all the debts which the said R VV. at the time of his death owed to any person or persons whatsoever as also to satisfie the said E. F.'s debt but the said R. W. whilst he lived refused to pay the same to the said I. F. in his life time and the same M. W. likewise after the said R. W.'s death refused to pay the same to the said E. F. after the death of the said I. F. and still refuseth so to do and unjustly detains the same by reason whereof the said E. F. saith he is damnified 10 l. and thereupon produceth this suit c. And the said E. F. produceth here in Court the said letters testamentary by which it appears the said E. F. to be Executor of the last Will and Testament of the said I. E. deceased c. Vpon a Bill to be paid at the day of marriage and issue upon it T. N and E. his wife Administratrix of the goods and chattels which were of I. B. deceased complains by S. D. his Attorney of I. H. of C. in the said County Gent of a Plea that he render unto them 5 l. which he unjustly detains c. for that whereas the said I. H. such a day year and place by his certain bill obligatory with his seal sealed and here in Court produced the date whereof is the same day and year For and in consideration of one Gold-ring with a certain Stone called a Diamond in the same Ring fixed of the aforesaid T. B. in his life time received the day of the making of the aforesaid bill did acknowledge and grant to and with the aforesaid T. B. in his life time that he the said I. H. his executors or assignes would pay or cause to be paid to the aforesaid T. B. his Executors or assignes for the same Ring at such a day and time as he the said I. H. should be wedded or married or at any other time after his marriage whensoever he should be required by the aforesaid T. B. his Executors or assignes or by him that should bring the said bill the said sum of 5 l. to his or their use the aforesaid time to be paid and the same T. N. and E. in fact say that the aforesaid I. H. after the making of the said bill to wit such a day year and place within the Parish Church of H. did take to wise one I. D. by which the action did accrew unto the said T. R. in his life and to the said E. after the death of the said T. B. whilst she was sole and to the said T. N. and E. after espousals between them celebrated to require and have of the aforesaid I. H. the same 5 l. Yet the aforesaid I. H. although often required the aforesaid 5 l. to the aforesaid T. B. in his life time or to the aforesaid E. whilst she was sole to whom the administration of all the goods and chattels which were of the aforesaid T. B. the time of his death such a day year and place was committed to the aforesaid T. N. and E. after espousals between them celebrated hath not rendred but the same to render to them hath denied and the same to them the said T. N. and E. as yet to render doth deny and unjustly detain whereupon they say they are damnified and have damage to the value of 10 l. and thereupon they bring their action c. And they bring into Court here the letters of administration c. The Defendant pleads that he was within age at the time of the making of the Bill AND the aforesaid I. F. by R. B. his Attorney comes and defends the force and injury when c. and sayes that the aforesaid N. and E. ought not to have their action aforesaid against him because he saith that he at the time of the making of the Bill aforesaid was within the age of one and twenty years and this he is ready to aver whereupon he demands Judgment whether the aforesaid T. N. and E. ought to have their action aforesaid against him c.
or ought to be charged by the Law by reason of the office of the Sheriffwick of the said County from time to time and do content and pay to the said Sheriffe his Executors or Assignes all such summe and summes of money as the said Sheriffe his Heires Executors or Assignes ought to pay to his Highnesse the Lord Protector or to any other person or persons or be due to the said Sheriffe by reason of the said Office of Goalership That then c. Or Thus. THe Condition c. That if the above bounden A. B. Gaoler to the said Sheriffe of the County of Yorke do from time to time receive and take into his ward and custody within the Gaole at the Castle of Yorke in the County of Yorke aforesaid all such person and persons prisoner and prisoners which shall be committed or sent to the said Gaole or committed to the ward and custody of the said Gaoler by the said Sheriffe or his Deputy or by any Justice or Justices of Peace or by any other having lawfull authority to commit persons or prisoners to the said Gaole and the said persons and prisoners so committed as aforesaid doe well and truly duely and sufficiently by his owne proper person or by his sufficient Deputy or Deputies so keepe that the said Sheriffe his Heires and Executors and all the Lands Tenements Goods and Chattels of the said Sheriffe be saved harmlesse from all losses penalties amerciaments and damages whatsoever as well against his Highnesse the Lord Protector c. As also against all other person and persons of for and concerning the custody and keeeping of the said Gaole and Prisoners within the said Castle of Yorke or else-where in the said County of Yorke and likewise doe discharge save and keepe harmlesse the said Sheriffe his Heires and Executors and all those his Lands Tenements Goods and Chattels from time to time and at all times hereafter of and from all and every escape and Escapes as well of convict persons Reprieves and Felons and of all other persons now committed for any contempts condemnations trespasses or misdemeanours which may happen or chance hereafter to be committed to the said Gaole for any the causes aforesaid during the time the said C. D. shall be Sheriffe of the County of York and likewise that the said A. B. or any other by his consent privity or appointment in any wise let to baile or mainprize any prisoner or prisoners to him committed as aforesaid not baylable by the Lawes of the Nation without the speciall commandement or appointment of the said Sheriffe And if the said A. B. or his sufficient Deputy be ready to give his attendance upon the said Sheriffe and his Deputy at all times necessary and convenient and all and every lawfull thing and things that he shall be required to do by the said Sheriffe or his Deputy touching or concerning the c. affaires and businesse wherewith the said Sheriffe is or shall be charged or employed in or about the keeping of the said Gaole or Prison that then c. Articles betwixt the High Sheriff and a Bayliffe of a Wapentake or Hundred ARticles of Agreement indented and made the tenth day of March in the yeare c. Between A. B. of R. in the County of Y. Esquire High Sheriffe of the said County of the one part and C. D. of A. in the said County Gentleman of the other part Whereas the said A. B. by his deputation under the seale of his Office hath constituted and appointed the said C. D. to be his Bayliff within the Wapentake of Ewcrosse to execute and enjoy the same Office onely during the pleasure of the said A. B. Now it is covenanted and agreed between the said parties and the said C. D. for himselfe his Executors Administrators and Assignes for the consideration aforesaid doth covenant and grant unto and with the said A. B. his Heires Executors and Admnistrators in manner following First That the said C. D. shall and will during such time as he shall execute the said Office well and sufficiently performe and doe whatsoever to the sayd office belongeth as well within the said Wapentake as without And shall with speed and secrecy serve and execute or cause to be served and executed all and every precept and warrant to him directed by the said high Sheriffe or Under-sheriffe And shall make a true returne thereof to the said Under-sheriff or his Deputy by the space of four dayes before the respective returnes thereof And shall likewise from time to time save and keep harmlesse the said high Sheriff his Heires Executors and Administrators Lands Tenements Goods and Chattels of and from all Escapes Amerciaments Fines and sums of money or other charges and incumberances whatsoever which shall or may be imposed or happen upon the said high Sheriff for or concerning the executing or returning of them or any of them 2 Item That he the said C. D. his Executors or Assignes shall well and truly pay or cause to be paid to the said Under-sheriffe or his Assignes at his Office in the City of Y. or lese-where the Blanck-farme due to his Highnesse within the Wapentake within 6 days next after the Annunciation of our blessed Virgin Mary and Saint Michael the Arch-Angel by equall portions and shall likewise at his owne proper costs and charges faithfully and truly levy collect and gather all and every sum and summes of money of what nature soever within the said Wapentake as are and shall from time to time grow due and payable to his Highness or which are and shall be within the charge of the said Sheriffe and estreated and given in charge to the collection of the said C. D. or his Assignes and shall within three weeks next after any Estreat warrant to him directed for the levying and collecting thereof pay or cause the same to be payd unto the said Sheriffe or his Deputy at Y. or else-where or make his personall appearance there to give a just account for what cause he hath not collected nor levied the same 3. Item That the said C. D. shal diligently enquire of the Goods and Chattels of all Felons and Fugitives and of all persons outlawed and condemned and of goods and chattels waived estrayed and escheated within the same Wapentake And the same shall lawfully inventory and seise into his Highnesse's hands as Bayliff of the said Wapentake and shall likewise truly account for and deliver or cause to be delived unto the hands of the said Sheriff or his Deputy the goods so seised and inventoried within one moneth next after such seisure and inventory made 4. Item That the said C. D. shall from time to time give lawfull summons and warning to all such persons Jurors and Free-holders as shall from time to time by warrant from the said High Sheriffe or Under-sheriffe be appointed to appeare before his Highnesse his Justices of Assize or Gaole-delivery Justices
whatsoever which they ever had now have or hereafter may have or they or either of them may have according to the custome of the same Mannor of in or to seven Acres of land with one Messuage parcel of the tenement called S. and of in and to two acres of Copy-hold land of the Tenement of W. c. which said premises the said S. lately had and took up and now holdeth to him and his heires after Surrender thereof made by I. W. as at the Court there holden on Wednesday the 21. day of March in the year c. more at large appeareth to the behoof and use of the aforesaid S. N and of his heirs so that is to say that neither the aforesaid I. W. and R. nor either of them nor their heirs nor the heirs of either of them from henceforth may require claim or challenge any estate Right title Dower and demand thereof to be had from henceforth shall be altogether barred and excluded and either of them is barred and excluded by this present surrender release and quit claim and for this surrender remise and release the said S. doth give a Fine to the Lord c. A Surrender of Copyhold in Court with the admission of the tenant accordingly TO this Court came A B. gent. Copyhold Tenant of this Mannor and present here in Court did surrender into the hands of the Lord of the same Mannor two acres and a half of land lying in two pieces in C. be it more or less whereof the first peece doth lye between c. and the other peece is accounted for half an acre and lyeth c. which said two acres and a half the said A. B. late in the Court did take up to him his heires and assignes after surrender made thereof by I W. as at the Court here holden on Friday the sixteenth day of May in the year c. more plainly appeareth to the behoofe and use of I. W. and R. his wife and the heires of the said I. W. which said I W. and R. present here in Court do desire of the grace of the Lord to be admitted to the aforesaid two acres half of land according to the form and effect of the Surrender aforesaid and they are thereunto admitted tenants to whom seisin thereof is delivered to hold to the said I. W and R. and to the heires of the said I W. of the Lord of the Mannor aforesaid by the Rod of the will of the Lord according to the custome of the Monnor aforesaid by the services c. and the rent of 2 s by the year saving the Right c. and he doth give to the Lord a Fine and the said I W. hath done Featly to the Lord c. A surrender and Lease made in Court with the examination of the Wife AND afterwards at this Court came the aforesaid I. S. and M. his Wife and present here in Court and the said M. being solely and secretly examined by the Steward of the same Court and consenting did surrender remise and release into the hands of the Lord of the Mannor aforesaid all their right state title possession Dower and demand of them the said I. S. and M. of in and to all and singular the premisses aforesaid with the appurtenances to the behoose and use of the said R. K. and his heires and assignes for ever in his full and peaceable possession of the premisses now being so that is to say that neither the said I. S. and M. or either of them from henceforth shall require claime or challenge any right title Dower or demand of in or to the premisses or any part or parcel thereof but of and from all action right title Dower or demand thereof to be had for ever hereafter shall be barred and excluded by this inrollment And the said I. S. for the said remise and release doth give to the Lord a fine c. A Surrender of Lands made in Mortgage upon condition for the payment of money with the admission of the Mortgagee by her Attorney and the Fealty respited AND immidiatly after the same Court the aforesaid N. B. present here in Court did surrender into the hands of the Lord aforesaid by the hands of his Steward of the same Mannor one piece of Land containing by estimation two acres of arable Land lying between the Lands of the Mannor of R. late of N. B. of the West part and the lands c. together with the wayes and pathes to the same belonging and used which said piece of Land R. B. the Father of the said F. whose heire he is late had to him his heires and assignes amongst other things after the Surrender thereof made by W. B. and E. his Wife as at a generall Court with a Leet there holden on Thursday next after c. in the yeare c. appeareth to the behoofe and use of F. D. one of the daughters of N. D. Gent. and of the heirs and assignes of the said F. under this forme and condition that if the said N. B. his heirs executors or administrators or any of them shall pay or cause to be payd to the said F. D. her heires executors administrators or assignes at the mansion house of the said R. B. in H. in the County of York Gent. the summe of twenty pounds of good c. in or upon the twenty eighth day of October next following after the title of this Court that then the said surrender shall be void and of none effect or vertue and that then also it shall be lawfull for the said N. B. his heires and assignes to re-enter into the said piece of Land and the same as in his former estate to have againe repossesse and re-enjoy the said surrender or any thing to the contrary notwithstanding and upon this the said F. by C. W. her Attorney in this behalfe is admitted thereto tenant and Seisin is delivered to the said F. her heires and assignes under the condition aforesaid and in manner and forme aforesaid by the Rod at the Will of the Lord according to the custome of the Mannor aforesaid by the services c. saving the right c. And he doth give the Lord for a fine c. and Fealty is respited untill c. A Surrender of Lands made presently in Court ANd afterwards sitting in the same Court the aforesaid F. W. present in Court did surrender into the hands of the Lord of the same Mannor in the aforesaid Close containing by estimation five acres called L. to the behoofe and use of C. W. his Brother and to the heires and assignes of the said C. to which said C. seisin thereof is delivered to hold to him his heires and assignes by the Rod at the will of the Lord according to the Custome of the same Mannor by the services c. saving the right c. And he doth give to the Lord for a fine c. And doth therefore Fealty to the Lord
doe the office and duty of an Under-sheriff in the said County of Y. And shall and will well and sufficiently do and execute for and in the name of the said Sheriffe all and every thing and things concerning the office of the said Sheriffe of the said County of Y. which without the personall presence of the said high Sheriff may lawfully be done and executed and thereof shall discharge the said high Sheriff his Heirs Executors and Administrators And furthermore the said C. D. for him his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said A. B. his Heirs Executors and Administrators and every of them by these presents that neither the said C. D. his Servant Deputy Assignee Clark or Bayliffe by him to be assigned shall or will by colour of his said Office Deputation or Assignment extort levy receive any manner of thing or things which by the Lawes customes or statutes of the Common-wealth are or shall be prohibited or not allowed whereby the said Sheriff his Heirs Executors or Admistrators or any of them may in any wise be either in their persons goods or lands lawfully defamed impeached charged impaired molested or troubled And further the said C. D. for himselfe his Heirs Executors and Administrators and every of them doth covenant promise and grant to with the said A. B. his Heirs Excutors and Administrators and every of them by these presents That he the said C. D. shall and will assigne and appoint sufficient Deputies and Attorneys in all Courts accustomed aswell to receive writs warrants precepts and commandements to the said Sheriff to be directed and to make processe thereof and to do all thing and things for the executing serving and sufficient returning thereof And also shall make and appoint a sufficient number of Deputies in all parts of the said County of Y. according to the Lawes and Statutes of this Common-wealth And he the said C. D. shall and will from time to time give reasonable notice and warning unto the said A. B. of all such things as shall be requisite and necessary for the said A. B. Sheriff of the said County or by reason of his said office in his owne person to do or execute and therein at all times in his owne person or by his sufficient Deputy shall be ayding and assisting as well for the doing and executing thereof and the returning thereof As also shall bear and pay all such charges thereof as to the Sheriff by reason of the said office should appertain except mans meat and horse meat And also the said C. D. for himselfe his Heires Executors and Administrators and every of them doth covenant promise and grant to and with the said A. B. his Heirs Executors and Administrators and every of them by these presents that the said C. D. his Heires Executors Administrators or Assignes shall and will well and truly from time to time receive all such extracts and processe whatsoever wherewith the said A. B. as Sheriff of the said County of Y. is or shall be chargeable to receive and that the said C. D. his Heires Executors Administrators and Assgnes shall and will well and truly collect levy and gather all Fines Issues and Amerciaments Seisures Fee-farms Rents Profits Certainties Pipe-silver Chequer-silver and all manner of Debts Duties and Demands whatsoever wherewith the said A. B. as Sheriff of the said County of Y. his Heirs Executors and Administrators their or any of their Goods Chattels or Lands may in any wise be charged or chargeable and the same to pay to his Highnesses use at such times as the said A. B. is charged or chargeable to pay the same and thereof and of every part and parcel thereof to acquit and discharge as wel the said A. B. his Heires Executors and Admnistrators and every of them as also all and singular their and every of their Goods and Chattels Mannors Messuages Lands Tenements and Hereditaments And also that he the said C. D. his Heires Executors Administrators or Assignes shall and will from time to time acquit and discharge or otherwise sufficiently save and keep harmlesse the said A. B. his Heires Executors Administrators and Assignes And also all his their goods and chattels Lands Tenements and Hereditaments whatsoever of and from all manner of Execution or of Executions of prisoners whatsoever which to the office of Sheriswick shall appertain forfeitures fines amerciaments imprisonments paines penalties or impositions whatsoever to be charged levyed or imposed upon the said A B. Sheriff of the said County of Y. his Heires Executors Administrators or Assignes his or their or either of their goods or chattels Lands Tenements or Hereditaments by reason of any mis-feasance or non-feasance omissions default delay contempt or cause whatsoever of the said C. D. his Deputy or Deputies Attorney or Attorneys Clark or Clarks Bayliff or Bayliffs or other person whatsoever not doing or insufficient doing his or their duty concerning the said office of Sheriffe or Under-sheriffe And that neither he the said C. D. nor any his Assignes Deputies Clarks or Attorneys shall or will intermeddle with the execution or returning of any Leters or commandements from his Highness the Lord Protector or any of his Highnesses Privy Councell without the privity notice and direction of the said A. B. then first had And the said C. D. for himselfe his Heires Executors Administrators and Assignes and every of them doth further covenant and grant to and with the said A. B. his Heires Excutors and Administrators by these presents that hee the said C. D. shall receive into his custody all prisoners to be committed to his charge and them sasely and honestly shall keepe untill they shall be brought and delivered into the Goale or Prison of the said County there to be safely kept by the Gaoler or keeper of the same Gaole or Prison untill by due course of Law they shall be delivered And of such prisoners as shall be convicted or attainted shall make or cause to be made due Execution according unto the quality of the judgement against every of them to be pronounced AND that the same C. D. shall and will within sixe dayes next before the beginning of every Terme which shall be during the time of the said Sheriffe-wicke well and truly deliver and certifie unto the said A. B. a true Note or Certificate in writing under his hand of all such VVrits of Execution whatsoever as before the Terme shall be come to his hands with the name and sir-name of the party and parties for whom the said Execution is to be done and also the name and sir-name against whom the same is to be executed and the summe and summes of money thereby severally to bee levyed and what is done therein upon every such WRIT or PROCES In Consideration of all which premisses the said A. B. is contented and pleased that the said C.
accompt without demanding any allowance or allowances therefore of the said A. B. his heirs executors administrators or assignes and the said C. D. doth further for the consideration aforesaid for himself his heirs executors administrators and assigns for every of them covenant promise grant and agree to and with the said A. B. his heirs executors administrators and assignes by these presents that the said C D. his executors or administrators shall and will from time to time and at all times hereafter well duly and truly satisfie and pay all and singular such summ and sums of money as he the said C. D or any deputy Clark or Clarks Bayliff or Bayliffs substitute or substitutes under him shall at any time and times and all times levy and receive by vertue or reason of any writ or writs Processe of Extent Liberate Capias ad satisfaciendum Fieri facias Elegit Distringas nuper Vice-comes against any former Sheriff or any other writ or writs of execution or warrants whatsoever according to the purport and true tenure of any such writ or writs warrant or warrants respectively and in such manner as by the same respectively shall be limited required or appointed and shall from time to time sufficiently save harmlesse and defend the said A. B. his heirs executors and administrators of for and from all and every such summ and summs of money as aforesaid And further he the said C. D. his heirs executors administrators or assignes shall and will at his and their own proper costs and charges conduct and safe delivery make of all such prisoners as are or hereafter shall be in the Custody of the Goal for the said County of Y. to such person and persons and to such place and places as the said A. B. shall by writ warrant or other precept or commandment or by vertue and in respect of his said office be commanded or bound to deliver the same And further shall and will also at his and their own proper costs and charges execute or cause to be executed all such persons as at any time during the time aforesaid shall be convicted and put in execution according to their several judgments if the same person or persons be not by any lawfull authority reprieved into the said Goal And the said C. D. doth further for himself his heirs executors administrators and assignes and every of them covenant grant promise and agree to and with the said A. B. his heirs executors administratos and assignes by these presents that he the said C. D. his executors administrators shal wil upon the discharge giving up of the said office to such as shall succeed in the said office of Sheriff-wick of and for the said County of Y. in due form of law deliver or cause to be delivered by Indenture to be made between the said A. B. and his successors in the said office to the said successor of the said A. B. in the said office or to his Deputy for the time being all such prisoners as then shall be in the custody of the said A. B. or of any of his Deputies or Ministers with the causes of their detainments and imprisonments and all such iron implements and things as shall be in the custody of the said C. D. belonging to the common Goal of the said County or to the officers of the same And also all writs processe warrants and other things which then shall be in his hands and custody in respect of the office of Sheriswick of in and for the said County of Y. And the said C. D. dorh further for himselfe his heirs executors administrators and assigns covenant promise grant and agree to and with the said A. B. his heirs executors and administrators by these presents that he the said C. D. his heirs executors or administrators shall and will from time to time and at all times hereafter discharge defend and save harmlesse as well the said A. B. his heirs Executors and administrators and his and their lands and tenements goods and chattels aswell against his Highnesse the Lord Protector and all other whatsoever of and from all manner or pains corporal and pecuniary forfeitures fines amerciaments debts accounts duties and demands whatsoever hereafter lawfully to be commenced prosecuted imposed demanded or demandable of or against the said A. B. his heirs executors or administrators or his or their lands goods tenements and chattels for or by reason of any escape of any prisoner or prisoners whatsoever now under execution or under arrest or hereafter to be had in execution or under arrest for any manner of debt damage trespass account or other duties or wrong or for any treason selony or other offence whatsoever or for any other or by reason of not appearance of any person arrested at the day limited for the appearance in any Court or Courts or before any Judge or Judges or Justices whatsoever or for or by reason of any false return not return or mis-return of any writ warrant or processe or for any other misbehaviour negligence or larges of the said C. D. his Bailiffs or Officers in executing or negligence in executing or not in executing of the said office of Sheriswick for the said County of Y. of or for or by reason of the not levying answering or not paying of any sum or sums of money which shall or may or ought to be collected or received by vertue or by reason of the said office of the Sheriswick of the said A. B. or having relation thereunto or by reason of any writ or writs of assistance for the levying of any sums of money wherewith the said A. B. shall or may be charged or chargeable of or for any matter clause or thing having relation to the said office and to the intent that the said C. D. may the better perform the execution of the said office the said A. B. is contented and pleased and doth hereby grant unto the said C. D. that he the said C. D. shall have to his own use the benefit of such Bonds and Covenants as shall be taken of any person or persons wherein the same person or persons shall become bound unto the said A. B. as Sheriff of the said County of Y. with condition for their of any of their appearance in any Court or elsewhere before any Commissioners of his Highnesse the Lord Protector And of all Obligations taken or to be taken of any Bayliffes or their sureties and of all other Bonds and Covenants which are or shall be made to the said A. B. as the Sherif of the said County of Yorke except the Covenants herein contained and the Bonds and Obligations taken or to be taken for the performance of the said Covenants and every of them except before excepted and shall and may sue and prosecute the same in the name of the said A. B. his Executors and Administrators at the proper costs and charges of the
levy of the Goods and Chattels which late were of P. R. of c. deceased at the time of his death in the hands of W. T. Executor of the Testament and last Will of the said P. R. the Testator a certain debt of 200 l. which the said E. F. in the said Court hath recovered against the said W. T. the Executor as by the said Writ now delivered to the said Sheriffe in forme of Law to be executed more at large appeareth And whereas the said E. F. hath informed the said high Sheriffe and Under-sheriffe that divers goods chattels and debts which were the said P. R. the Testator at the time of his death to the value of his said debt of 200 l after the death of the said P. R. the Testator came to the hands of the said W. T. the Executor within the said County to be administred and that the Executor since the death of the said P. R. the Testator came to the hands of the said W. T. the Executor within the said County to be administred and that the Executor since the death of the said P. R. the Testator hath wasted the same so that unlesse the said Sheriffe shall upon the said Writ of Fieri facias make his returne to this or the like effect viz. That the said Goods and Chattels which were the said P. R. the Testator at the time of his death to the value of the said two hundred pounds did after the death of the Testator come to the hands of the said Executor within the said County of Y. to be administred and that the said Executor hath wasted the same so that the said Sheriff cannot by vertue of the said Writ of Fieri facias do execution thereupon of the goods and chattels as is thereby required And so that also the said E. F. cannot by course of Law have the benefit of his said recovery whereupon the said High-Sheriff and his under-Sheriff being desirous to do what to them or either of them by vertue of their said Office appertaineth for the surtherance of Justice in that behalfe giving credit to the said assertion and affirmation of the said E. F. the said High-Sheriff at his earnest request hath upon the said Writ of Fieri facias in form of Law returned to his Highnesses Justices of the said Court of Common Pleas a Devastavit of the Goods and Chattels which were the said Testators at the time of his death and came to the hands of the said Executor to be administred to the said value of the said debt of two hundred pounds Now therefore these presents do witnesse that the said E. F. and T. P. for the indempnity and saving harmlesse of the said High-Sheriffe and Under-Sheriffe and of their and either of their Clerks of for and concerning the making of the said return in case the assertion and information of the said E. F. be not true do by these presents Covenant and grant joyntly and severally for themselvs and every of them and for their and every of their Executors and Administrators to and with the said A. B. and C. D. and either of them their and either of their Executors and Administrators that they the said E. F. and T. P. or some of them shall and will at all times hereafter discharge acquit and save harmelesse the said A. B. and C. D. and either of them their and either of their Clerk or Clerks and the Heires Executors and Administrators of them and every of them for and concerning all all manner of actions suits complaints losses vexations and troubles whatsoever which shall at any time hereafter be commenced attempted brought or prosecuted against them or any of them by the said P. R. the Executor his Executors or Administrators or by any other person or persons touching or concerning the said returne or by reason or occasion thereof And shall and will from time to time beare and pay to to them the said Sir A. B. and C. D. all such sum and summes of money damages costs and expences as against them or either of them or against their or either of their Executors or Administrators shall be adjudged decreed or ordered or which they or any of them shall from time to time by reason or occasion aforesaid be put unto or shall necessarily lay out or be enforced to pay by reason of any such action suit complaint molestation vexation or trouble And for the true performance of all and singular which said premisses the said E. F. and T. P. doe by these presents binde themselves joyntly and severally and their and either of their Heires Executors and Administrators to the said Sir A. B. and C. D. in the summe of 300 l. of good c. to be paid to them or either of them their or either of their Executors or Administrators if default or breach of the Covenant aforesaid shall be made In witnesse c. A discharge to the Sheriffe for a Prisoner from him to whom the prisoner is indebted KNow all men by these presents that I A. B. of C. in the County of York have remised released acquitted and discharged and by these presents doe for mee my Heires Executors Administrators and Assignes remise release and fully and absolutely acquit and discharge E. F. high Sheriffe of the said County of Y. and G. H. his Under-sheriff their Heirs Executors and Administrators of and from all and all manner of Escapes as well voluntary as negligent and of and from all actions cause and causes of actions for or concerning the enlarging or setting at liberty of the body of L. M. taken at my suite by vertue of a Capias ad satisfac to the said Sheriffe directed of ten pounds debt and fourty shillings costs of suit returnable in the Court of Common-Pleas in Easter Terme last past and I the said A. B. do hereby discharge the said Sheriffe from all actions reckonings duties and demands whatsoever concerning the executing of the said Capias ad satisfac In witness whereof c. Or Thus KNow all men by these presents that I A. B. of c. have remised released and quit claimed and by these presents do remise release and quit claim unto C. D. Esq now Sherif of the said County of Y. all and all manner of actions suits troubles and incumberances whatsoever which I might may or ought to have against him for or concerning the discharging or setting at liberty L. M. of N. in the said County Gent. being arrested and imprisoned upon a Capias ad satisfaciendum out of the Court of Common Pleas at Westminster for an hundred pounds debt and twenty shillings costs at my suit returnable from the day of Easter in one month last past In witnesse whereof I have hereunto set c. A Condition that the Sheriff executing a Writ may detaine out of the goods and lands extended so much mony c. THE CONDITION c. That whereas the within bound A. B.
the day of the date hereof hath delivered to the hands of the within named C. D. and E. F. the Writ of execution for levying and extending the goods chattels and moyety of the lands tenements and hereditaments of one G. H. of c. to and for the use of the said A. B. whereby the same A. B. may be satisfied of the summe of two hundred pounds mentioned in the said Writ if in case the said C. D. and E. F. or either of them do lawfully execute or cause to be lawfully executed the said Writ according to the nature meaning and purport thereof by the impannelling of twelve lawfull and indifferent men to be sworn of the contents of the said Writ if then the said A. B. his Executors and Administrators do quietly permit and suffer the said Sheriffe or under Sheriffe to have take receive and detaine to his and their owne proper use and behoofe out of such moneys goods or chattels as shall be had levyed or received by vertue of the said Writ or the execution thereof so much in lawfull money of England or other benefit as they or the said Sheriffe or under Sheriffe or one of them shall think reasonable or sufficient for their satisfaction of and for such travel paines or charges as they shall be at in and about the execution of the said Writ and extent thereupon to be had or made otherwise within c. next after the said writ shall be executed and return made thereof accordingly do pay or cause to be paid unto the said Sheriffe or under Sheriffe or their Deputy or Deputies so much lawfull money of England as they shall for the causes aforesaid reasonably demand That then c. A Bargaine and sale of Goods made by the Sheriffe by vertue of his office TO all faithfull people to whom this present writing shall come Sir H. B. Knight Sheriffe of the County of Y. greeting Whereas by vertue of his Highnesses Writ of Fieri facias to me directed out of his Highnesses Court of Common Pleas at Westminster for the levying of an hundred pounds debt and forty shillings damages which Sir H. H. Knight Lord Chiefe Justice of the said Court of Common Pleas hath recovered in the said Court against E. F Administrator of the Goods and Chattels which late were of I. R. late of R. in the said County Gent. deceased at the time of his death to be levyed upon the Goods and Chattels which late were the said I. R.'s at the time of his death in the hands of the said E. F. to be administred if so much of them do remaine in the hands of the said E. F. to be administred And if not then the damages to be levyed of the proper goods of the said E. F. as by the said Writ returnable from the day of the holy Trinity in three weekes more at large appeareth I have taken into my hands all and singular the goods and chattels mentioned in an Inventory hereunto annexed be the goods and chattels which late were the said I. R's at the time of his death and found in the hands of the said E. F. unadministred Now know yee that I the said High Sherif by vertue of the said Writ and of my Office and for and in consideration of the sum of two hundred pounds of good c. to me the said High Sherif in hand payd do hereby as much as in me lyeth by vertue of my said Office fully and absolutely bargain sell and deliver to the said E. F. his Executors Administrators and Assignes all and singular the said Goods and Chattels TO HAVE AND TO HOLD and enjoy the same unto the said E. F. his Executors and Administrators for ever In witnesse whereof I have hereunto set my seale of Office the tenth day of May in the yeare of our LORD 1658. THE JUDICIAL AND MINISTERIAL OFFICE OF CORONERS THIS Office of Coroner hath its Etymologie or Derivation a Corona being an Offficer of the CROWN from antiquity and hath principall cognisance of some PLEAS called Placita Coronae He was established by pristine Kings ELFRED c. to be Principalis conservator pacis according to the Mirrour of Iustice which saith Auxi ordains fuer Coronours in Chescun County et Viscounts a garder le peace quant les Countees soy demisterent del gard et Bayliffes in lieu de centeners that is Coroners in every County and Sheriss were ordained and constituted to be Conservators of the Peace when the Earles dismist themselves of the custody of the Counties and in place of Hundredors but of his antiquity and jurisdiction Vide 2d Instit Magna Charta Cap. 17. Merton Cap. 3. Reddisseisin and Westminster 1. Cap. 10. and 26. and Articl super Chart. Cap. 3. This office of Coroner is duplicate General Special 1. Generall TO the office of generall Coroners appertaines the receiving of the Appeales of the whole County of Fellonies committed within the yeare to award the Exigents of contempts and to pronounce the Judgements of Out-lawries upon County dayes of which see more in the County Court and likewise in what pledge or Decenary they were or of whom mainprised and in whose ward 2. Speciall SPeciall Coroners are Coroners of Liberties and of priviledged places as Coroner of the Verge viz. Coroner of the Protectors Houshold c. to demonstrate the distinction of the Authority and Jurisdiction of generall and speciall Coroners by Wrote and Wiggs Case in the fourth Reports fol. 45. and 46. Where it was resolved That at Common Law the Coroner of the KINGS House had an exempt jurisdiction within the Verge and the Coroner of the County cannot intermeddle therein as appeares by the preamble of the Statute of Articuli super Chartas Because that before this time many Felonies done within the Verge have beene unpunished and the reason and cause thereof was because the Coroners of the County are not suffered to interpose to enquire of Felonies within the Verge but the Coroner of the KINGS hostel which is passant By which it appears that the Coroner of the County could not intermeddle with the death of a man within the Verge but the Coroner of the Hostell onely And so was it adjudged Pasch 24 Eliz. in the Kings Bench where Swift was indicted before the Coroner of the County of Middlesex of a Murther done at Tuthil in the said County of Middlesex which Indictment was removed into the Kings Bench and there Swift pleaded that Tuthil was at the time of the murther and yet is within the verge c. upon which the Attorney did demur in Law and it depended in advisement three Terms and at length the plea was adjudged good and thereupon he was discharged of the Indictment for as the Coroner of the houshold cannot intermeddle within the County out of the verge because his Office extendeth not to it so the Coroner of the County cannot intermeddle within the verge and it shall be contrary
chattels which late were W. W. deceased at the time of his death and now remaining in the hands of I. W. Executor of the Testament of the said W. W. and not administred of as well a certain debt of 40 l. which T. L. in my County Court by vertue of a Writ of Justicies recovered against him as also 20 s. which to the said T. L. in the same Court was adjudged for his costs and damages which he sustained by reason of the detaining of the said debt If the said I. W. Executor of the Testament of the said W. W. have so much goods or chattels in his hand which were the said W. W. at the time of his death sufficient to satisfie the debt and damages aforesaid If he have not so much goods or chattels in his hands which were the said W. W. at the time of his death sufficient to satisfie the said T. L. of the debt and damages aforesaid That then you or some of you levy of the proper goods and chattels of the said I. W. the damages and costs aforesaid so that I may have the said mony at my next County Court to be holden at the Castle of Y. c. to render to the said T. L. the debt and damages aforesaid whereof he is convict And this given under the Seal of my Office the c. I. B. Esq c. to all and singular my Bayliffs c. greeting I command you and every of you that of the goods and chattels of T. O. you levy 20 s. which S. D. in the County Court according to a Statute provided in that case were adjudged for his costs and damages which he sustained in his own defence in a certain Plea of debt which the said S. D. against the said T O. of late brought because the said T. O. did not prosecute his Suit but was thereupon non-suited and convicted so that I may have the mony at my next County Court at the Castle of Y. holden on Munday c. next to satisfie the aforesaid S. D. of his costs and damages aforesaid And this c. Given under the Seal of my Office the c. I. B. Esq c. to all c. greeting I command you that of the goods and chattels of T. C. you levy 40 s. which to P. P. in my County Court were adjudged for his damages which he sustained in his own defence in a Plea of debt by the said W. against him the said P. P. lately brought whereof the said P. P. was quieted and by Verdict of his Country whereof the said T. C. was convict have you the mony at my next County Court to be holden at the Castle of Y. on Munday c. to satisfie the said P. P. of his damages aforesaid And this c. given under the seal of my office c. I. B. Esq c. to all c. greeting I command you and every of you joyntly and severally that of the goods and chattels which late were of E. S. Esq who dyed intestate as it is said and now in the hands of R. M. Gent. and A. his wife Administratrix of the goods and chattels which were the said E. S. at the time of his death remaining to be administred you cause to be made as well a certain debt of 4 l. which I. W. hath recovered against the said E. S. in my County Court as 30 s. which to him the said I. W. in my same Court were adjudged for his costs and damages which he had by occasion of detaining of the same debt by vertue of a Writ of Justices so that I may have the said mony at my next County Court to be holden at the Castle of Y. c. to render the aforesaid I. W. of the debt and damages aforesaid whereof the aforesaid E. S. was convict And whereupon it was considered in my same Court that the aforesaid I. W. should have Execution against the aforesaid R. M. c. of the debt and damages aforesaid of the goods and chattels aforesaid by his the said R. M. his default And this given under the seal of my office the c. I. B. Esq c. to all singular my Bayliffs c. greeting I command you and every one of you joyntly and severally especiall to F. P. Bayliff of the Liberty of S. and his Deputies who hath the goods taken upon an Execution issuing out of this Court that those twenty weather Sheep of which each you cause to be apprised at eight shillings of the goods of I. C. Esq which you took and remain in your hands unsold for want of buyers as you your self returned to my Court you expose to sale and the mony thereof which in the whole amounts to eight pounds you have at my next County Court at the Castle of Y. holden on Munday the tenth day of May next to render to W. G. which to him the said W. G. in my Court were adjudged for his damages which he had by occasion of a certain Trespasse to him committed by the aforesaid I. C brought whereof he is convict And this given under the Seal of my Office the 18 day of October in the year of our Lord 1657. By the Sheriff Of a Scire Facias IF a Fieri facias do not issue out within a year and a day after Judgment entered it cannot be had till there be a Scire facias first sued out to summon the Defendant to shew cause why Execution should not be done and if now he neglect to answer or cannot be found to be summoned then a second Judgment shall be given that that Execution be done of the first Judgment If Judgment be given against a Testator albeit it be within a year after Judgment had yet there must first issue out a Scire facias against the Executor or Administrator before Execution to shew cause why it should not be had Or if a man recover against a Feme-sole and she become covert viz. take a Husband within the year and the day then he that shall recover must have a Scire facias against the Husband Scire facias post diem annum I. B. Esq Sheriff c. greeting Whereas W. F. of late in the Court of the aforesaid County by Judgment in the said Court of the County aforesaid held at the Castle of X on Munday the tenth day of February 1654. before the Suitors of the said Court recovered against G. L. as well a certain debt of thirty two shillings which the said W. F. in the same Court recovered against him as thirteen shillings and ten pence which to the said W. F. in the same Court were adjudged for his damages which he sustained by the occasion of the detaining of the debt of which he is convicted for as by the proceedings from thence in the same Court residing notwithstanding the manifest Execution of the aforesaid Judgment remains to be done as by
answer for the same A. B. and C. C. his Clyents to the same E. F. in the said Plaint And the said Attorny for his said Clyents saith nothing in Bar as in others by which the said E. F. his damages against the said A. B. C. D. by occasion of the taking and unjust detaining of his Cattle aforesaid ought to recover but because it is unknown to the Court here what damages the said E. F. sustained by occasion of the premisses It is commanded to the said I. S. then Bayliff of the Wapentake of W. aforesaid one of the Ministers of the County Court aforesaid that he cause to come before the said Sheriffe at the next county Court of the County aforesaid to wit the 15th day of May in the yeare abovesaid at the Castle of Y. aforesaid then next following to be held twelve honest and lawfull men of the neighbourhood of S. to be suspected by neither party to enquire upon their Oath what damages the said E. F. sustained aswell by the occasion of the taking and unjust detaining of the cattle aforesaid as for his costs and charges by him about his suit in this behalf laid out and the same day was given to the said E. F. here c. At which said next County Court the same 15. day of May in the yeare abovesaid before the same Sheriff of the County aforesaid held came the said E. F. by his Attorney aforesaid And the same I. S. Bayliffe of the Wapentake aforesaid sent not his precept thereof Therefore as before it is commanded to the said I. S. Bayliff c. that he cause to come here at the next County Court before the same Sheriff of the County aforesaid to wit the 12 day of A. in the yeare abovesaid at the castle of Y. aforesaid to be held the 12th c. to enquire c to inform aforesaid c. At which day to wit the 12th day of April aforesaid before the same Sheriffe of the County aforesaid came the same E. F. by his Attorney aforesaid And the said I. S. Bayliffe c. and one of the Ministers of the same Court returned before the same Sheriffe the said precept de venire fac in all things served and executed And thereupon the Jury being thereof impannelled and called came and to enquire in forme as aforesaid sworn and charged say upon their oath that the said E. F. sustained damages by reason of the taking and unjust detaining of the Cattle aforesaid besides his costs and charges by him about his suit in this behalfe laid out 30 s. and for these costs and charges to 12 d. Therefore it is considered by the Court here that the said E. F. recover against the said A. B. and C. D. his said damages by the Jury aforesaid in form aforesaid assessed and also 26 s. to the same E. F. by the Court here for his said costs charges of his assent of increase adjudged which said damages in the whole amount unto 57 s And the same A. B. and C. D. in mercy c. Whereupon it was commanded to the same I. S. Bayliff of the Wapentake of W. aforesaid that of the goods and Chattels of the same A. B. and C. D. in his Bayliwick he should levy the damages aforesaid and that he have the money before the said Sheriffe at the next County Court at the castle of Y. to be held to wit the tenth day of March in the yeare abovesaid to render to the said E. F. for his damages aforesaid Whereupon the same E. F. prayeth that the said A. B. and C. D. would assigne and declare to the Court herein what or wherein false judgement is made to him in the said Plaint if any thing can be found proved or made appear c. And hereupon the same A. B. and C. D. say that the said Record is vitious and very much defective in this to wit that by the same Record it appeareth that the same cattle were taken the 15. day of January in the yeare abovesaid and that the complaint thereupon was levyed at the County Court of the Sheriff the 19th day of December in the yeare abovesaid so that the complaint was levied before the taking of the cattle afore made c. Also in this that by the Record it appeareth that the County Court aforesaid was held before the said Sheriffe of the County aforesaid whereas the same Court ought to be held before the same Sheriffe and suitors of the same Court so that the same Plaint was levied Coram non judice And the processe thereupon adjudged without any warrant in Law And so the same A. B. and C. D. say that in the County aforesaid false judgement was done to them in the said Plaint And pray that the said judgement for those errours and others in the same record and proceedings being may be revoked adnulled and altogether taken for nothing And that they unto all things which they by occasion of the judgement aforesaid have lost may be restored c. It was commanded the Sheriffe that if A. B. should secure the same Sheriffe to prosecute his complaint that then taking with him four discreet and lawfull Knights of the County aforesaid in his proper person he come to the Court of the Honour of P. and in full Court cause to be recorded that Plaint which was in the same Court of his Highnesse the Lord Protector between C. D. and the same A. B. in a certain Action upon the Case to the same C. D. by the same A. B. done as it is said Whereupon the same A. B. complaineth false judgement to be made to him in the said Court and that he should have here the Record at this day to wit Octab. Hill under his seal and by four lawfull men of the same County of those who shall be present at the Record and that he summon by good summoners the said C. D. that he should be here to hear that Record And that he have then here the names of the foure Knights and that Writ c. And now here at this day to wit Octab. Hill came as well the same A. B. by S. D. his Attorney as the same C. D. by P. P. his Attorney And the Sheriffe to wit G. M. Esq now returneth that the same A. B. found to the same Sheriff pledges to prosecute Io. Doo Ric. Roo And that the same C. D. was summoned to be here at this day by Io Den and Ric. Fen and that he by vertue of the same Writ to him directed took along with him I. S. W. P. I. H. and W. VV. four discreet and lawfull Knights of the County aforesaid and in his proper person came to the said Court held at P. in the County aforesaid the 15th day of October in the yeare of our Lord 1657. and in full Court made to be recorded the said Plaint whereof in the same Writ mention is made which said Record here at
this day he hath ready under his seale and the seales of the said four lawfull men who were present at the Record as by the same Writ to him it was commanded to answer to the said C. D. in the same plea whereupon the same A. B at the same Court put in his place S. D his Attorney in the same plea. And the same C. D. at the same Court by his Attorney aforesaid complained against the same A. B. for that to wit that whereas the same C. D. the last day of Dec. in the year aforesaid at W. aforesaid and within the jurisdiction of the Court aforesaid was possessed of one piece of woollen cloath containing eleven ells price 34 s. as of his proper goods and chattels And being so thereof possessed the same piece of cloath out of his hands and possession casually lost which said piece of cloath afterwards to wit the 12th day of February then next following into the hands and possession of the said Defendant by finding came Notwithstanding the said Defendant knowing the said piece of cloath to be the proper piece of cloath of the said Plaintiff and to him of right to belong and appertain and minding and intending the same Plaintiffe of the same piece of cloath craftily and subtilly to deceive and defraud the same piece of cloath although thereof the third day of March in the yeare abovesaid he was requested to the same and hath not delivered but the same piece of cloath afterwards to wit the 18th day of March then next following at VV. aforesaid within the jurisdiction of this Court aforesaid unto his proper use he converted and disposed to the damage of the said Plaintiff of 39 s. And thereof he bringeth suit c. And the said Defendant at the same Court prayeth Licence thereof to imparle untill the next Court and hath it c. The same day is given to the said Plaintiffe then there c. At which day the Court was held within the said Honour of P. the 26th day of May then next following came aswell the said Plaintiff as the said Defendant by their Attorheys aforesaid And the same Defendant prayeth further Imparlance untill the next Court within the said Honour to be held and hath it c. The same day is given to the said Plaintiff then there c. At which said next Court holden within the Honour aforesaid the 26th day of May then next following came as well the same Plaintiff as the same Defendant by their Attorneys aforesaid and hereupon the said Defendant prayeth further imparlance thereunto to speak until the next Court of the Honour aforesaid to be held and hath it c. The same day is given to the said Plaintiff then there c. At which said Court held within the said Honour the day of then next following came aswell the said Plaintiff as the said Defendant by their Attorneys aforesaid And the same Defendant then defended the force and wrong when c. And said that he was in nothing guilty of the premisses above imposed upon him as the said Plaintiff by his said Declaration complained against him and of this he putteth himself upon the Countrey and the said Plaintiff likewise whereupon it was then commanded to the Bailiff of the Honour aforesaid that he cause to come to the Court of the Honour aforesaid to be held by 12 free and lawfull men of the Honour asoresaid to try the issue aforesaid above joyned Day was given to the parties abovesaid then there c. At which said next Court held within the said Honour the day of then next following came aswell the said Plaintiff as the said Defendant by their Attorneys aforesaid and the said Bayliff returned the Pannel with all the Jurors whereof 12 being called came and were sworn and said upon their oath that the said C. D. was possessed of the said piece of cloth in the Declaration aforesaid specified and that the same piece of cloth by finding came to the hands of the said A. B. and that the said Plaintiff requested the same A. B. to deliver to the same Plaintiff the same piece of cloth and that the said Defendant did not deliver the same to the said Plaintiffe And further the said Jury said that the said Defendandant doth yet detain in his hands the same piece of Cloth and if upon the whole matter in form aforesaid found the same Defendant to be guilty of the premisses in the Declaration aforesaid specified or not the Jury aforesaid are altogether ignorant and pray the advice of the Court in the premisses and if upon the whole matter in form aforesaid found it shall seem to the Court that the said Desendant is guilty of the premisses in the Declaration aforesaid specified then the said Jury say upon their oath That the same Defendant is guilty of the premisses in the Declaration afore said specified And then the said Jury do assesse damages by occasion of the premisses besides costs and charges by him about his suit in this behalfe laid out to 20 s. and for those costs and charges to 12 d. and if upon the whole matter in form aforesaid found it seemeth to the Court here that the said Defendant is not guilty of the premisses in the Declaration aforesaid specified then the Iury aforesaid say upon their oath That the said Defendant is not guilty of the premisses in the Declaration aforesaid specified And because the same Court will advise of and upon the premisses before they give Iudgement therein day is given to the parties aforesaid here until the next Court to be held in the said Honour to hear thereof their Iudgment c. At which said Court held in the said Honour the day of then next following came aswell the said Plaintiff as the said Defendant by their Attorneys aforesaid And because the same Court of giving their Iudgment therein are not advised day is given to the parties aforesaid until the next Court to hear thereof their Iudgment c. At which said Court held in the said Honour the day of then next following came aswell the said Plaintiff as the said Defendant by their Attorneys aforesaid whereupon the premisses being seen and by the Court here fully understood it seemed to the Court here that the same Defendant is guilty of the premisses in the Declaration aforesaid specified Therefore it is confidered by the same Court That the same Plaintiff recover against the said Defendant the said 21 s. by the Jury aforesaid in form aforesaid assessed and also 22 s. for his costs and charges by the Court here by his consent of increase adjudged which said damages do in the whole amount unto 53 s. And the said A. B. in mercy c. And hereupon the said C. D. prayeth That the said A B. may shew to the Court here and assign the defects wherein false judgment is made to him in the said plaint in the said Court if any be made Whereupon the
to the said A. W. by which an action accrews to the said A. W. to have and require of the said I. S. the said 24 s. Neverthelesse the said I. S. though often required c. For not setting forth of Tythes R. H. Farmer of all and singular the tythes of hay growing within the Parish of F. in the County of Y. by vertue of a Writ of justicies by R. N. his Attorney complains of T. W. upon a Plea that he render to him 6l of c. which he oweth to him and unjustly detains For that whereas the said T. L. the day yeare c. at F. aforesaid in the County aforesaid c. was possessed and occupied of and in four acres of Medow in F. aforesaid and Parish aforesaid and being so possessed he the said T. W. did then and there cut down the grasse growing in and upon the said four acres of Meadow and two loads of hay there coming to the value of 40 s. then and there did take and carry away before he the said T. W. had set out and severed the tythes or tenth part thereof from nine parts of the same or agreed for the said tythes or tenth part thereof which the said R. did against the form of the Statute in the 5th yeare of E. 6. in such like case made and provided VVhereupon action doth acrew to the said R. H. to have and demand of the said T. VV. the said 6l that is to say the treble value of the said hay so carried away Yet notwithstanding the said T. VV. though often requested c. Vpon an Award R. H. by vertue c. by E. B. his Attorney doth complain of H. S. of a Plea that he render unto him 10 l. of c. which he oweth him and unjustly detaineth c. For that whereas the 25th day of A. in the yeare c. at the Castle c. it was concluded and agreed betwixt the said H. S. on the one party and the said R. F. on the other party that they and both of them should stand and abide the order doom and Judgement of I. D. and M. L. of all and every the suits troubles differences debts trespasse or whatsoever hath formerly been in any kinde of dealing betwixt them two from the beginning of the world to the day of the date of the said writing being the said 25. day of A. or else one or either party not standing thereto to forfeit to the other parties the sum of 10 l. of c. And for confirmation thereof they did both of them set to their hands and seales the day and yeare first above written at the Castle aforesaid c. as by the writing thereof ready to be shown to this Court may appear And whereas afterward that is to say the day yeare c. at the Castle c. the said I. D. and M. L. taking upon them the charge of the premisses by their order in writing bearing date the same day and yeare last above mentioned and here in Court to be shown did arbitrate order and award that the said R. F. should deliver to the said H. S. one parcell of starch then into the hands of the said R. F. and the bag wherein the starch is put affirmed to be the goods of the said H. S. upon the sight of the said Order And further they did thereby order and award that the said H. F. should pay or cause to be paid to the said R. R. upon the sight of this order the sum of 50 s. of c. And that all those suits debts trespasses or debates whatsoever from the beginning of the world until the said 25. day of April the yeare c. should utterly cease and have an end or else the party not standing to the same to forfeit as in the said Order is expressed the sum of 10 l. as by the said award sealed the said day year c. by the said Arbitrators and here in Court ready to be shown may appear And the said R. F. in fact saith that though he hath performed all things in the said award on his part to be performed Yet the said H. S. hath not performed any thing in the said award on his part to be performed And namely for that the said H. S. hath not paid to the said R. F. upon the sight of the said Order being the day yeare c. at the Castle c. the sum of 50 s. of c. whereby action doth accrew to the said R. F. to have and demand of the said H. S. the said 10 l. The said H. S. notwithstanding though often thereunto requested the said 50 s. to the said R. F. hath not yet paid but the same to pay c. For Attorneys Fees R. A. Gentleman c. by T. S. his Attorney doth complain of W. P. of a Plea that he do render unto him 1 l. 17 s. 2 d. of c. which he doth owe unto him and unjustly detains from him For that whereas the said W. P. the day yeare c. at the Castle of Y. did retaine him the said R. A to be the Attorney of him the said W. P. in the County Court holden at the Castle of Y. in the County of Y. before the suitors of the same Court to prosecute as the Attorny of him the said W. P. for him the said W. P. in a certain Action in the name of him the said W. P. against one T. C. of a Plea of Debt from the said day and yeare c. so long as should please both parties taking for his fees and paines in that behalfe sustained every Court day in which he the said R A. should be the Attorney of him the said W P. in the said cause 2 s. of lawfull c. besides his other reasonable charges and expences by him the said R A. in and about the prosecution of the said action to be laid out By vertue of which said retainer the said R A. was the Attorney of him the said W. P. for eight Court dayes then next following and that he did lay out to the Clark and other Offices of the said Court in and about the prosecution of the said suit 1 l. 1 s. 2 d. of c. which together with the 16 s for his fees for the said Court dayes doth in all amount to 1 l. 17 s. 2 d. of c. By reason whereof an action doth accrue to the said R A. to have and recover of him the said W P. the said 1 l. 17 s. 2 d. yet the said W P. although often requested the said c. to the said R A. he hath not rendred but to render the same to him he hath altogether hitherto refused and doth yet refuse to the great damage of him the said R A. Whereupon he saith that he is damnified and hath damage to the value of 35 s. And thereupon he brings this suit c. Vpon a Lease for Tythes W.
up the said W. F. in the way of Chapmandry in buying and selling of wool at L. in the County of Y. or such other places where the said T. F. then frequented or afterwards should frequent during the said term and that the said T. F. should during the said term not cause or compel the said W. F. to do any servile work about the said Trade of a Skinner and that the said T. F. should during the said terme finde the said W. F. with Meat Drinke and Clothes Linnen Woollen Stockins Shooes and all other things necessary for an Apprentice to have And that the said Linnen Woollen Stockins Shooes and all other things necessary should be from time to time provided and found for the said W. F. by the said T. F. as good as he the said W. F. should have at the time of his coming to the said T. F. and so to give him the like away at the end of the said term of seven years And that the said T. F. should seal and deliver unto the said W. F. one Indenture in writing for the performance of the Covenants aforesaid and other usual Covenants touching Apprentices in that kinde Yet notwithstanding the said T. F. his promise and assumption aforesaid not regarding but endeavouring and fraudulently intending the said B. F. in this part craftily and subtilly to deceive and defraud he did not take the said W. F. to be his Apprentice to serve him the said T. F. in the Art or Trade of a Skinner during the term abovesaid but refused to take him to be an Apprentice according to the Covenants aforesaid although the said W. F. was ready and did offer to serve the said T. F. in the said Trade according to the said covenant neither did he the said T. F. at any time after the said three quarters of a year instruct inform or train up the said W. F. in the mystery or way of Chapmandry in buying and selling of Wool at L. aforesaid other place as the said T. F. frequented according or in any to the Covenant aforesaid though often requested neither did he the said T. F. seal and deliver an Indenture in writing unto to the said W. F. for the performance of the Covenants aforesaid and other useful Covenants touching Apprentices in that kind although the last day of September in the year c. 1650. at the Castle of Y. in the County of Y. and within the liberty and jurisdiction of this Court the said B. F. did tender unto the said T. F. an Indenture in writing to that purpose and requested the said T. F. to deliver the same to the said W. F. whereupon the said B. F. saith he is worse and hath damage to the value of twenty pounds And thereupon produceth suit c. Vpon a promise for the loan of a Mare which was killed in riding P. by Writ c. complains against D. of a Plea that whereas the aforesaid D. such a day year and place in consideration that he the said P. at the special instance and request of him the said D. would lend to him the said D. acertain Mare of his the said P. for one G D. the son of him the said D. to ride and journey upon the same Mare from the Town of L. in the County aforesaid unto B. in the County of Lancaster did assume upon himselfe and to him the said P. did then and there to wit such a day year and place aforesaid faithfully promise that he the said G D. the aforesaid Mare in the journey aforesaid would in no manner overload or in any wayes oppresse but the same Mare when he should be thereunto required to him the said P. would safely deliver And he the said P. in fact saith that he trusting to the aforesaid promise and assumption of the aforesaid D. afterwards to wit the aforesaid day year and place did lend the aforesaid D. the Mare aforesaid for the said G. D. to ride and journey upon the same Mare as aforesaid and that the aforesaid G. D. the Mare aforesaid in the journey aforesaid did so farre provoke over labour and with such burthens over-load that the Mare aforesaid by the over-labour riding and over-loading aforesaid dyed And so the aforesaid D. his promise and assumption aforesaid hath not performed to the damage of him the said P. of 10 pounds And thereupon he bringeth his suit c. Vpon a promise to save harmlesse a Surety against a Bond. R. R. by vertue of a Writ c. complains of C. L. of an action of Trespasse upon the Case c. For that whereas the aforesaid C. L. such a day and year at c. In consideration that the aforesaid R. R. then and there at the speciall instance and request of the same C. L. would become bound and obliged to one G. W. by his certain writing obligatory in due forme of right to be made sealed and as his Deed delivered in 24 l. of lawfull c. yet under the condition of 12 l. 12 s. of like c. to the same G. W. upon the first day of May then next following at or in the then dwelling house of the aforesaid G. W. scituate in c. by the aforesaid R. R. and C. L. or either of them to be made did assume upon himselfe and to the said R. R. then and there that is to say such a day and yeare abovesaid at L. aforesaid to wit in c. aforesaid did faithfully promise that he the said C L. the aforesaid 12 l. and 12 s. to the said G W. upon the aforesaid first day of May in discharge of the aforesaid writing obligatory would pay and the said R R. from thence afterwards of and concerning the writing obligatory aforesaid would keep and save harmlesse and indempnified And the said R R. in Fact saith that he giving credit to the promise and assumption of the said C L. aforesaid afterwards to wit the same last day of O. in the yeare c. abovesaid at L. c. at the said instance and request of the same C L. together with the aforesaid C L. for the owne meer and proper debt of the said C L. became bound and obliged to the said G. W. by their certaine writing obligatory in due forme of right made sealed and as their Deeds delivered in the aforesaid 24 l. Yet under the condition of the payment of the aforesaid 12 l. and 12 s. to the same G W. upon the aforesaid first day of May in manner and forme aforesaid to be made yet the said C L. his promise c. not regarding but devising c. to defraud the aforesaid 12 l. and 12 s. to the said G. W. upon the aforesaid first day of May according to the forme and effect of the Condition aforesaid had not paid or the same G W. for the same hitherto any wise contented nor the same R. R. of and concerning the writing obligatory aforesaid hath
said C. D. the said Messuage Garden Land and Wood with the appurtenances from the said Feast of the Annunciation of c. until the Feast of the Annunciation of c. next before the time of the taking aforesaid had and occupied and for that that 30 s. of the said Lease by the said time unto him the said A. B. at the time of the said computation remained in arrear and as yet remaineth unpaid doth well avouch the taking of the said Cattel in the said place in which c. and justly c. And this he is ready to prove whereupon he prayeth judgment and the return of the said Cattel to be adjudged unto him c. The Defendant saith that the Goods were taken as a pawn or pledge for money lent ANd the aforesaid A. B. by c. comes and defends the force and injury when c. And as to the breaking the Close c. he is in nothing thereof guilty and as to the residue of the trespasse aforesaid supposed to be done the same A. B. saies the aforesaid C. D. ought not to have his action c. because he saith that the same C D. long before the said time wherein c. was indebted unto him the said A. B. in 22 s. for divers sums of money by him the said C. D. of the aforesaid A. B. formerly borrowed And afterwards and long before the said time the same C. D. by one E. his wife delivered to the aforesaid A. B. the aforesaid goods and chattels as a pawn for the aforesaid 22 s. to be held unto him the said A. B. in pledge until the said C. D. to the aforesaid A. B. the same 22 s. had paid And the same A. B. in fact saith that the aforesaid C. D. hath not as yet paid to him the said A. B. the aforesaid 22 s. which is the same Trespasse and taking and carrying away the aforesaid goods and chattels whereof the aforesaid C. D. above now complains And this c. whereupon c. Replication that he tooke them Injuria sua propria without such a cause ANd the said C. D. sayes that he by any thing before alledged ought not to be debarred from having his action aforesaid because he saith that the aforesaid A. B. as of his proper injury and without such a cause above by him the said A. B. alledged the day and year aforesaid the aforesaid goods and chattels at R. in the said County of Y. found he took and carried away as the same C. D. by his Declaration aforesaid above supposeth And this he prayeth may be inquired of by the Countrey And the aforesaid A. B. in like manner Therefore c. Concord in Assault and Battery ANd the aforesaid A. B. in his proper person coms and defends the sorce and injury when c. And saith that as to the Trespasse aforesaid above supposed to be done the same A. B. sayes that the aforesaid C. D. ought not to have his action aforesaid against him because he saith that long after the Trespasse aforesaid was supposed to be made to wit the eighth day of July in the year c. aforesaid at S. aforesaid in the County aforesaid and within the liberty and jurisdiction of this Court the same A. B. and C. D. by the mediation of E. F. and G. H. their friends and acquaintance in a friendly manner comming between them in such manner it was agreed together between them that is to say that the aforesaid A. B. should pay to the aforesaid C. D. in amends and for satisfaction of that Trespasse five shillings of lawfull money of England which the said A. B. the said five shillings of c. to the aforesaid C. D. then and there paid according to the force form and effect of the concord aforesaid And this c. whereupon he prayes Judgement c. Replication No such Concord or Agreement made ANd the aforesaid C. D. sayes that he by any thing prealledged ought not to be debarred from having his action aforesaid because he saith that there was never any such concord or agreement had between them the said C D. and A B. in manner and form as the said A B. hath above alledged by pleading And this he prayes may be inquired of by the Countrey and the aforesaid A B. in like manner c. The Defendant saith that as to the taking of the Oxe that he tooke it by the name of an Heriot ANd the said C D. by c. cometh and defendeth the force and wrong when c. And as to the taking of the said Oxe the said C D. doth well avow the taking of the said Oxe in the said place in which c. and justly c. because he saith that long before the taking of the said Oxe before supposed one I G. was seized of one Messuage with the appurtenances in W. aforesaid in his Demesne as of see and so seized held the same of the said C D. by fealty and the rent of 12 d. unto him the said C D. every year at the feasts of the Annunciation of the blessed Virgin Mary c. of S. Michael the Archangel to be paid by equall portions and also by Services that every tenant of the said Messuage with the appurtenances thereof seized in his Demesne as ofsee or in use from the time of which contrary c. he ought and had accustomed to render unto the said C D. and his heirs the best animal living of the same tenant of the said Messuage with the appurtenances so thereof dying seised in his Demesne as of see or in use by the name of Heriot of which services the said C D. was seized by the hands of the said I G. as by the hands of his true tenant that is to say of the said Fealty as ofsee and right and of the said Rent in his Demesne as of see And afterward the said I G. died of the said Messuage with the appurtenances seized in his Demesne as ofsee And because the said Oxe was the proper Oxe of the said I G. at the time of his Death the said C D. that Oxe as the best animal which was of the said I G. at the time of his death by the name of a Heriot he took and justly c. Justification in Trespasse for want of reparation of the hedges by the Plaintiffe ANd the said A and B. by I R. their Attorney come and desend their force and injury where c. And as to the breaking of the Close aforesaid and the eating up treading down and consuming the grasse aforesaid the same A and B. say that the aforesaid D. ought not to have his action aforesaid against them because they say that at the time of the Trespasse aforesaid supposed to be made were and are seized of a certain Close of Pasture near adjoyning to the said Close of the aforesaid D. in which the grasse aforesaid in S.
aforesaid in their Demesne as ofsee Between which said Closes there is a certain hedge separating each from other the aforesaid Closes which said hedge the aforesaid D. and all they whose estate the same D. hath in the Close aforesaid from time out of minde were accustomed to make repaire and sustain and say that that hedge for want of reparation and sustaining of the same was at the time of the Trespasse aforesaid supposed to be made broken down and laid prostrate to the ground and that the Cattel of the said A. and B. in their Close aforesaid put to depasture into the said Close of the aforesaid D. by the breach and decay of the said hedge did enter against the will of them the said A. and B. and the grasse aforesaid did eat up tread down and consume the same A. and B. their Cattle aforesaid freshly pursuing into the said Close of the said D. by the breach and decay aforesaid did enter to drive backe their Cattle into the said Close of them the said A. and B. and into that Close speedily drove them as it was lawfull for them to do which is the same trespasse and breach of close and feeding treading downe and consuming the grasse aforesaid whereof the said D. above against them complaineth And this they are ready to averre c. whereupon c. The Defendant upon a Replevin avoweth the taking of the Cattle doing Damage Feasant ANd the said A. by c. cometh and defendeth the sorce and injury when c. and doth well avow the taking of the said Cowes in the said place in which c. and justly c. because he saith that he is seized and at the time of the said taking was seized in one Messuage and 12 acres of Meadow with the Appurtenances in the said Towne of S. whereof the place in which c. the said Cowes were taken as parcell in his Demesne as of Fee And for that he at the time of the said taking found the said Cows doing damage in the said place in which c. the said A. those Cowes in his ground and free-hold so doing damage took as to him it was lawfull And this he is ready to prove whereupon he prayeth judgement and the returne of the said Cattle c. Misnomer in the Writ of Justicies ANd hereupon comes Alvered Pease by W O. his Attorney and saith that he being by vertue of the said Writ of Iusticies summoned by the name of Abraham Pease neither is nor can be understood the same person against whom the said E. W. hath brought his Writ by the name of Abraham Pease For he saith that he is named called Alvered Pease and by the same name and sirname from the time of his nativity always known and called without that that he is named or called Abraham Pease or by the same name and sir-name was ever known or called as by the said Writ is supposed And this the said Alvered is ready to aver and prove whereupon he demandeth Judgement of the said Writ and that the same may be quashed c. Non cepit to a Replevin ANd the said B. by S. H. his Attorney cometh and defendeth the force and wrong when c. And saith that he did not take the Cattle aforesaid as the said A. above against him complaineth And of this he putteth himselfe upon the Countrey And the said A. likewise c. Property ANd the said B. by S. H. his Attorney cometh c. and saith that the property of the Cattle aforesaid at the supposed time of their taking was in the said B. and not in the said A. And this he is ready to prove whereupon he prayeth Judgement c. Demurrer to a Declaration ANd the said B. by C. D. his Attorney comes and desends the force and injury when c. And saith that the Declaration of the said P. and the matter therein contained are not sufficient in Law for the said P. to maintain his action aforesaid against him the said B. to be had And that he to that Declaration in manner and forme aforesaid made hath no need nor by the Law of the Land is bound to answer And for causes of Demurrer in Law in this behalse the said B. according to the forme of the Statute in this behalf provided doth shew to the Court these causes following That is to say that the said Declaration doth contain double and insufficient matter and wants forme and this he is ready to aver whence for default of a sufficient Declaration in this behalse the same B. prayeth Judgement and that the said P. may be barred of having his action against him c. Joyning in Demurrer ANd the said P. saith for that he above declaring hath in his said Declaration alleadged sufficient matter in Law to maintain his said Action to be had against the said B. which he is ready to aver which matter the said B. doth not gainsay nor thereunto at all answer but wholly refuseth to admit that averment prayes Judgement and his debt aforesaid together with damages by reason of the detaining of the said debt to him to be adjudged c. If it be in Trespasse then thus PRayes Judgement and his damages by reason of the sayd Trespasse or Trespasse and Assault or Trespass Assault and Imprisonment as the case is to him to be adjudged c. If in an Action upon the Case PRayes Judgement and his damages by the occasion before specified to him to be adjudged c. OF THE JUDICIAL AND MINISTERIAL POWER OF SHERIFS TO treat of the Originall or first Institution of Sheriffs in this Common-wealth is not here necessary being already done in the tract of the County Court or first part of this our subject matter Therefore we will initiate with the office of Sheriff in which office he hath triplicem custodiam a three-fold custody viz. 1 Custos vitae Reipublicae The Conservator of the life or peace of the Common-wealth 2 Custos vitae Iustitiae The preserver of the life of Justice for no Suit doth commence and no Processe is executed but by him 3 Custos vitae legis The Guardian or Tutor of the life of the Law for after tedious and long spun suits he is to make due execution which is the very life and spirit of the Law Now as he is Custos vitae Reipub. or Principalis conservator pacis within the County he hath a Judicial authority in the other two a Ministeral 1. And first to discover his Judiciall power And as he is a preserver of the peace he may ex officio upon request command and cause another to finde sureties of the Peace and may take the same sureties by Recognizance for all Obligations that he takes to that end are as Recognizances in Law And if he see one man assault another or if an assault be made upon himselfe he may compel them to finde sureties of the
if he hath Assets there 16 E. 3 Execution 49. and a man may well pray Execution of the body in one County and an Elegit of the land in the other County Execution 38. If a Statute Merchant be sued of parcel of the Lands of the Conusor in the name of all his Lands he shall never extend on the rest of the lands Mic. 22. E. 3. f. 14. If three are bound to one in a Statute Merchant and every one of them by themselves quemlibet eorum perse I may sue Execution against one of them only or against them all at my pleasure If an Infant bind himselfe in a Statute-Merchant or Statute-Staple he may avoid this during his Non-age by Audita Querela and also he may have his Audita Querela after his full age to avoid this Statute by matter of fait and the like law if the Statute be acknowledged by dures of imprisonment Statute Staple WE now come to the laying open a Statute-Staple which is duplicate to use the words of Mr. West viz. either 1. Properly so called or 2. Improperly 1. A Statute-Staple properly so called is an Obligation acknowledged before the Major of the Staple in the presence of one or two Constables of the same Staple And by vertue of such Statute-Staple the Creditor or Recognisee may forthwith have execution of the body lands and goods of the Debtor or Recognisor and this is founded upon the Statute of 27 E. 3. c. 9. 2. A Statute-Staple improper is an obligation of Record founded upon the Stat. of 23 H. 8. c. 6. of the nature and validity of a proper Statute-Staple as touching the form and Execution thereof and acknowledged before one of the chief Justices and in their absence before the Major of the Staple at Westminster and Recorder of London You have the forms of all these Obligations or Statutes in West part 1. Symb. L. 2. Sect. 152. 153. 154. 155. It is sealed with three seals viz. with the seal of the Conusor with the seal of the Protector and of one of the said Iustices or of the Major and Recorder 23 H. 8. c 6. And note that all Statutes Staple and Merchant shall be brought to the Clerk of the Recognisance within four months and inrolled within six months otherwise such Statute shall be void against Purchasors c. 27 Eliz. c. 4. The maner of the proceeds upon it are the same with the Statute-Merchant saving that in a Statute-Staple presently after the Certificate into the Chancery the Conusee shall have a Writ to take his body and extend his Lands and goods returnable in Chancery and this writ is a Commission directed to the Sheriff of the County where the Lands and goods lie for the valuing of the same whereby all the lands goods and chattels of the Conusor shal be apprised and valued at a reasonable rate by a Jury of men sworn charged by the Sheriff for that purpose which Inquisition so taken is to be returned by the Sheriff and thereupon the lands goods and chattels are to be taken into the Sheriffs hands and by him to be delivered to the Conusee which the Sheriff may do if he will without any Writ to hold unto the Conusee until he be satisfied his debt and damages And if the Sheriff refuse so to do the Conusee shall have a writ out of the Chancery called a Liberate to compell him to deliver to the Conusee the lands goods and chattels so found by inquisition and taken into his hands upon the Extent which the Sherif need not return Fitz. Accompt 97. Execution in toto Broo. Stat. in toto Stat. Acton Burnel de Mercat 27 E. 3. 9. F N B. 130. 131. 132. Dyer 180 Coo. 4. 67. Plow 61. 62. 82. Co. super Lit. 290. Coo. 5. 87. c. See more of the proceeding in Statute-Merchant It was adjudged in B. R. Hil. 42. Eliz. that a debt recovered in the Kings Court by Judgment shall be paid before a Bond in nature of a Statute-Staple or Merchant because the Judgment is a matter of a more high and worthy nature then private portable pocket Records also it shall be preferred before a Recognisance acknowledged in any Court by assent which may also be privately done and a Judgment so given in the Kings Court upon ordinary and judicial proceedings which remain in the custody of a sworn Officer are Records which are preferred in Law before such Statutes non refert whether the Judgment or Recognisance or Statute be first for be the Judgment first or last it shall be first satisfied c. And so it was holden per totam curiam in the Common Pleas in Pemberton and Bartams case Plow 32. El. Rot. 235. which see in the end of Sadlers Case in the 4. Reports Dyer 80 53. Recognisance what it is WE now come to the third which is Recognisance and that is an Obligation or Bond of Record acknowledged in a Court of Record testifying the Recognisor to owe to the Recognisee a certain summe of money and is acknowledged in some Court of Record or before some Judge or other Officer of such Court having authority to take the same as the Master of the Chancery the Judges of either Bench of the Exchequer Justices of Peace c. And those that be meer Recognisances are not sealed but inrolled And yet some are sealed with the seale of the party and may be with condition annexed or may be single and then to have Indentures of defeasance If the money be not paid at the day the Conusee proceeds upon it after this manner The Conusee his Executor or Administrator is to bring a Scire facias against the Conusor or if he be dead against his heirs when they be of full age or if the Lands the Conusor had at the time of the entering into the Recognisance be sold against the Purchasors of those Lands which the Conusor had at any time after the Recognisance entred into to warn them to come into that Court whence the Scire facias cometh and to shew cause why Execution should not be done upon the said Recognisance And if the party or parties cannot be found to be warned or being warned do not appear at the time or appearing shew no cause why the debt should not be levied then the Conusee shall have Execution of a moyty of his Lands by Elegit or if the Conusor be living of all his goods by Levari or Fieri facias at his Election but he cannot have Execution of his body unlesse he bring an action of debt upon the Recognisance or it be by course of the Court as it is in the Upper Bench upon a Bail in which case a Capias doth lie Dyer 360. 315 West 2. 18. Broo Execution 129. Co. 3. 11. 15 H 7. 16. Kitch 117. And the proceeds against Sureties in Statutes shall be as the
the heire of the Lands and Tenements of the said A. Co. 3 15. Usually the omission of words make the return invalid as where the returne was The residue of this Writ appeares in a certaine schedule c. For the residue of the Execution of this Writ this is insufficient and vitious 19 H. 6. Fitz. Ret. 14. For by 3 H. 7. 11. a. Brook Ret. 88. the returne of the Sherif ought to be certaine to every intent and he is obliged to take knowledge of the Law in making his returne And therefore in a Scire facias to L. B. Master of the Free Grammer-school of Skipton c. and to the Scholars of the same c. he returned That he made knowne to the Master c. And did not say that he made known to L. B. Master c. And likewise he omitted Scholars which return was insufficient and void See Coo. 8. 127. 128. 10. E. 4. 15. The Sherif upon a Capias returned that he arrested the Defendant at S. and would have carried him to the Goal and that A. B. rescued him which return was holden invalid because he did not shew at what place A B. made the rescue for it shall not be intended the place where the arrest was ret 97. By the opinion of Iennie 3 E. 4. If a Writ be returned thus The answer of the Sheriff of C. and sheweth not the Sherifs name it is no good return 9 E. 4. 19. Br. 54 and by the 11 H. 7. 10. a. b. the name of the County ought to be entred in the margent or over the head of the return In a Scire facias the Sherif returneth I have made known to A. B. in manner and form as this Writ exacteth and requires and said not To the within named A. B. c. and yet this was holden per curiam to be good for note these words as this writ exacteth c. doth amount to the within named or the within mentioned or written See 2 H. 4. 13. and 3 H. 4. 9. Br. 28. Fitz. 44. Habere facias seisinam Upon a grant and render at the Plures the Sheriff did returne mandavi ballivo who did nothing because the parties to the Fine had nothing and the Writ of covenant was not sued in the Liberty nor came to him to be executed upon which a non omittas was awarded 8 E. 3. 12. upon the like writ the Sherif returned that he could do nothing by reason of the resistance of A B. others and he was amerced twenty marks because he did not take posse comitatus and an alias awarded and also a Writ to attach A. B. who was taken and pleaded not guilty and prayed a Writ against the Sheriffe to answer his false return Hil. 19 E. 2. Execution 147. Waste was assigned in W. the returne must not be That he came unto W. but that he came to the place wasted 27 H. 8. Br 2. The Sherif returned That by vertue of a Precept c. he took the body of A. B. c. and exception was taken because the return was not by vertue of a Writ c. yet it was holden to be a sufficient return for the Sherif may take one in Westminster Hall by the mandate of the Justices without any Writ The Sherif returned I have not found the party c. for he is not to be found and the party thereupon outlawed assigned this for Error and not to be amended Fitz 19. The Sheriff returned that he hath commanded the Bayliff of Slaincliff in the third person for I have commanded the Bailiff c. in the first person and was amerced for it 21. Ass 17. If a Sherif do not return a Capias in Processe the arrest is tortious and an action of false imprisonment lieth against him by him that was arrested and likewise the Plaintif shall have an action against him Littleton 18. E. 4. 9. Br. Trespass 339. Br. false imprisonment 5. 7. 12. But if a Capias ad satisfaciendum be not returned it is sufficient if the execution be duly executed and the Plaintif satisfied yet if he levy the money or debt but neither returneth the Writ nor payeth the money to the Plaintif he is chargeable to the Plaintif in an action of accompt c. and to the Defendant in an action of trespass Co. 5. 90. And the Plaintif may have his Execution renewed against the Defendant and the Defendant is left to his action against the Sherif Where a man hath liberty to return Writs as in the Honour of Pontefract in Yorkshire c. and to execute them c. if there the Sherif or his Officer shall enter the Liberty and execute any processe there the Lord of the Liberty shall have an action of the case against him Fitz. 95. b. In a Scire facias to execute a Judgment or Fine the Sherif must return the names of the Summoners 3 H. 7. 8. Br. Ret. 86. Upon the return of a Jury he is to return issues upon every person impannelled and returned by him ibidem Upon a Replevin the Sherif returned that the cattel were in such a strong place that he could not make deliverance for which return he was amerced because he might have taken Posse comitatus and so made deliverance Br. 119. or if he should return a resistance the like 13. E. 3. c. 39. In a Scire facias against the Husband and Wife the Sherif returneth that they are divorced and therefore amercied for Persons that are divorced may have garnishment quaere vide 1 H. 6. 2. Br. 63. Upon a Fieri fac against Executors the Sheriff returneth that they had sold the goods of the party deceased before the Writ purchased c. for which he was amerced for he should have taken other goods of the Executors to the value thereof c. 14 H. 4. 12. Br. 41. Upon a Fieri fac against Executors the Sheriff returned nulla bona c. and upon this return an entry was made in the Roll because that testatum est that the Executors had sold divers goods of the Testator and converted the money to their own use a Writ was awarded to the Sherif to enquire by the oaths of good men of his Bailiwick what goods which were the Testators the day of his death were wasted by the Executors by force of which Writ the Sherif had an Inquisition by which it was found that divers goods of the Testator to the value of the debt recovered were wasted by the Executors And this was returned in Court upon which the Plaintif sued a Scire facias against the Defendant to shew cause wherefore execution should not be awarded against the defendant of his own proper goods And upon two Nihils the Court awarded Execution Co. 5. 32. An Outlawry returned in London in these words At the Hustings holden in Guild Hall in the City of London such a day A.
D. shall or may in the name of the said A. B. assigne and set over any bond to be taken in the name of the said Sheriff for appearance or discharge of processe to any person or persons to the intent thereby to compell the parties to appeare to save and keepe harmlesse the said Sheriff and Under-sheriffe of any Fine or Amerciament thereby And also that the said C. D. may commence or take his Action upon any such bond for the inforcing the said parties therein bound to bring forth the party or parties for whose appearance they were become bound thereby to save himselfe harmlesse of such Fine and Amerciaments as shall be imposed or layd upon the said Sherif for not bringing forth the said party or parties All which suits being lawfully taken for the causes aforesaid the said A. B. doth covenant and promise to avow and justifie and that it shall be lawfull to and for the said C. D. his Executors and Administrators and also for the said Assignes to retaine to their owne use their said sum or summes to be recovered by reason of the said Bonds towards their charges and losses by reason of the not appearance of the said parties so alwayes that they and every of them shall stand to the Orders and Directions of the said A. B. his Executors or Administrators for the over-plus thereof if any shall be And the said C. D. for himselfe his Heires Executors and Administrators and every of them doth covenant and promise to and with the said A. B. his Heires Executors and Administrators to acquit and discharge or else to save harmlesse the said A. B. c. of and from all and all manner of costs and damages which may in any wise be awarded adjudged decreed or recovered against him or them by reason of any such suit Finally The said C. D. for himselfe his Heires c. and every of them doth covenant promise and grant to and with the said A. B. his Heires c. and every of them by these presents that he the said C. D. his Executors c. shall and will on this side the Feast day of the Purification of our blessed Virgin Mary which shall be in the yeare c. well and truly discharge and pay unto his Highnesse the Lord Protector his Heires or Successors all such summe and summes of money duties and demands as shall be due unto his Highnesse his Heires or Successors wherewith the said A. B. shall be charged or chargeable as Sheriffe or by reason of the said Office of Sherifwick of the said County of Y. and thereupon within three moneths next ensuing shall procure unto the said A. B. his Heires c. a sufficient discharge and quietus est in full discharge of his said office and account Provided alwayes That if the said C. D. his Deputy or Deputies Attorney or Attorneys Clark or Clarks Deputy or Deputies or any of them at any time during the said office shall commit do or suffer to be done any manner of act or acts thing or things whatsoever or shall omit or leave undone any act or acts thing or things whatsoever belonging to the said office of Sheriffe of the said County of Yorke or by colour of the said Office by reason whereof the said A. B. his Executors Administrators or Assignes or his or their Goods or Chattels Lands Tenements and Hereditaments or any of them may in any wise be charged or chargeable above the summe of c. That then and from thenceforth it shall be lawfull to and for the said A. B. to grant assigne and depute the Execution of the said office of Under-sheriffe for the residue of the said time then to come to any person or persons And that then and from thenceforth it shall be lawfull to and for all such Assignee and Deputy to have and take all the sees and commndities profits and advantages from thenceforth to the said office belonging or in any wise appertaining This Indenture or any thing therein contained or any other matter or cause concerning the Assignement or deputation of the said Under-sherifwicke in any wise notwithstanding And the said A. B. for him his Heires c. doth covenant grant to and with the said C. D. his Heires c. by these presents That he the said A. B. his Heires c. shall or will deliver or cause to be delivered to the said C. D. his Heires c. to be cancelled all such Bonds and Obligations wherein any person or persons shall be or stand bound for or in the behalfe of the said C. D. to the said A. B. for or in respect of the Execution of the said Office of the said Under-sherifwicke or for the saving harmlesse of the said A. B. concerning the said Office of High Sheriffe within three moneths next after the said C. D. his Heires c. shall procure or deliver to the said A. B. his Heyres c. a Quietus est out of his Highnesse Court of Exchequer for his discharge of his said Office and the Bond of the said C. D. to remain for the saving harmlesse of the said A. B. his Heirs Executors and Administrators of Amerciaments and other Impositions touching the said office And whereas by an Agreement made betweene the said C. D. and one E. F. Gentleman whom the said A. B. hath appointed Under-sheriffe for the County of YORKE it is acknowledged and affirmed by the said C. D. before the sealing of these Indentures that the said C. D. his Executors Administrators or Assignes is to passe the whole account of the said A. B. and to execute levy gather up extend bring in and pay all such seisures extents processe Chequer silver duties and demands charges sum and summes of money whatsoever howsoever or wheresoever as the said A. B. his Heires Executors or Administrators shall be in any Court or Courts place or places any way charged or chargeable unto or withall as Sheriff of the said County of Y. at and according to the place and places time and times limited in these Indentures for the said C. D. to do and performe and thereupon shall also acordingly within sixe moneths next ensuing the time within limited procure unto the said A. B. his Heires or Assignes a sufficient discharge and quietus est in full discharge of the said office and account And the said A. B. hath to that end also security of two thousand pounds from the said C. D. and his sureties for the performance of the like covenant amongst other covenants in the Indenture specified which are made between the said A. B. and the said C. D. And yet notwithstanding the said A. B. for his better security doth by these presents binde and tye the said E. F. his Executors Administrators or Assignes to the doing and performing of the same Also the said A. B. is well pleased and contented and for himselfe his Executors and Administrators doth covenant promise
and their and every of their Lands Tenements Goods and Chattels of and from all fines issues and amerciaments and other penalties forseitures paines corporall and pecuniary whatsoever whereby or wherewithall the said A. B. his heires executors or administrators or his or their Lands Tenements Goods or Chatels shall or may be charged or chargeable for his the said A. B. or the said C. D. not executing not filing neglecting mis-executing evill returning not serving mis-returning or mis-filing any of the said Writs Processe Precepts Warrants or Commandments aforesaid or for the absence evill attendance or not attendance of the said A. B. or of the said C. D. or his Deputy as aforesaid or other misdemeanors in the executing not executing or misexecuting of the said office in any thing which the said C. D. might by vertue of these presents by himselfe or his Deputies execute or performe other then from such fines issues amerciaments and other penalties as shall be imposed or adjudged upon or against the said A. B. for or in respect of any offence sault or negligence by the said A. B. at any time after the day of the date of these presents committed omitted or done or to be committed omitted or done by himselfe in his own person or by any other except the said C. D. by his the said A B. his commandment or appointment without the consent of the said C. D And that the said C. D. shall himselfe or his sufficient Deputy or Deputies duly and lawfully keep or cause to be kept within the said County of Y. all and singular County Courts of the said County at such times and places as heretofore hath been accustomed And that he the said C D shal and will make and appoint one or more Attorney or Attorneys Deputy or Deputies of Record in the Courts of Record now commonly called the Upper Bench Common Bench and Exchequer and in all other Courts and Offices wherein Attorneys are commonly appointed And so shall and will ordain appoint and make one or more able Deputy or Deputies for him the said A. B. in every hundred within the said County of Y. according to the Lawes and Statutes in these cases provided so that the said A. B. shall not hereafter be liable to any penalty or forfeiture for want of any such Attorney or Deputy And shall and will at his own proper costs and charges appear and make ready all such place and places where the Assizes Goal-delivery or Sessions shall be from time to time holden meet and convenient Courts Bars and all other things necessary and convenient for the Justices of Assize and other Justices to keep their Assizes and Goal-delivery and Sessions in and shall and will from time to time give notice in convenient time to the said A. B. of every such time and times place and places where the personall attendance of the said A. B. shall be requisite and necessary so as the said A. B. may be personally present at such times and places when and where his personal appearance and attendance shall be necessary And furthermore that the said C. D. by and during the continuance of the said office shall and will well and truly collect levy gather and seize to the use of his Highnesse the Lord Protector all the goods and chattels of selons and fugitives and of all persons outlawed and put in Exigent and of all persons attainted and convicted of treason murder or felony which shall happen within the said County of Y. during the time aforesaid which shall be due or forfeited to his Highnesse the Lord Protector by any wayes or means aforesaid And shall and will from time to time well and truly collect and gather up all Fines Amerciaments Extracts Certainties Fee-farms Pipe-silver for License Concord for Fines Green wax and all other sum and sums of money which to the collection of the said A. B. by reason of the Sherifwick of the said County shall appertain or belong and which the said C. D. shall have warrant or lawfull Authority to seize levy or collect or which he shall have notice of and may reasonably come by and thereof and of every part thereof and of all other the issues and revenues of the said County and of all sums of money due or hereafter during the continuance of the said Office of Sheriffwick of the said County doth or may appertain shal and will to his Highnesse the L. Protector in the Court of Exchequer aforesaid yield and give just accompt and asso that he the said C. D. his Executors or Administrators at such days and terms as he the said A. B. is or shal be required to enter into accompt of the Court of Exchequer for or touching the said Office the said C. D. shall and will enter into accompt in the said Court of Exchequer in the name of the said A. B. for and concerning the said Sherifwick of the said County of Y. in and upon which accompt the said C. D. his Executors and Administrators shall and will truly answer all such debts duties and sums of moneyes as the said C. D. his Deputies Officers or servants or any of the Bailiffs of any of the Hundreds of the said County shall have received or might have received or wherewith the said A B. as Sheriff of the said County shal be any ways charged or chargeable with upon the same accompt And the same accompt shall and will at his the said C D. his own costs and charges prosecute with effect untill the same accompt be fully finished and concluded without demanding any allowance or allowances of the said A. B. his executors or administrators for the same And also that the said C. D. his executors and administrators shall and will pay into the Receipt oâ— Exchequer all such summes of money as upon the said accompt shall be found in arrearages within one year next after the feast of S. Michael next ensuing the date hereof and in the name of the said A. B. obtain a lawfull discharge and Quietus est out of the said Court of Exchequer for him the said A. B. and the same shall and will deliver unto the said A. B. his heirs executors or assignes for a full discharge of him the said A. B his heirs executors admistrators and assignes or concerning the said Sherifwick of the said County of Y. within one year next after the said feast of S. Mich. and that the said C. D. his heirs executors administrators and asgnes or some or one of them shall and will at some or one of their owne proper costs and charges disburse and pay for the said A. B. all and all manner of sees duties charges summ and summs of money rewards gratuities and demands whatsoever which shall be required demanded or demandable of the said A. B. as due or accustomed to be paid or given by the Sheriff of the said County for or by reason of the said
of all and every person or persons that shall be arrested or apprehended by vertue of any such Processe Writ or Warrant during the time that the said A. B. shall continue Sheriffe of the said County of Y. And also if the said C. D. E. F. and H. I. their heires executors and administrators and every of them shall save harmlesse and indempnified the said A. B. and his heirs and assignes and his and their lands goods and chattels of for or concerning all such accompt and accompts as the said A. B. is or shall be charged withall as Sheriff of the said County of Y. to his highnesse the Lord Protector his heires or successors in any of his Highnesses Courts and of all summs of money which shall be levyed or received by the said C. D. as under Sheriffe of the said A. B. or any Bayliffe or other person by the direction or assent of the said C. D. to the use of His Highnesse the LORD PROTECTOR his Heires or Successors That then c. But they are commonly made as all other Bonds are for the performance of Covenants in this manner THE CONDITION c. That if the above bounden C. D. do well and truly observe performe fulfill and keep all and singular Covenants Grants Articles payments promises and agreements which on the part and behalf of the said C. D. his heirs executors c. or any of them as are to be observed performed sulfilled or kept contained written declared or specified in one pair of Indentures bearing date c. made between the said C. D. of the one party and the within named A. B. of the other party according to the tenure purport true intent and meaning of the said Indentures That then c. An Indenture for the setting over of Prisoners and Writs between two Sheriffs THIS INDENTURE made the tenth day of December in the year c. Between A. B. Esquire late Sheriffe of the County of York of the one part and C. D. Esquire now Sheriffe of the said County on the other part WITNESSETH That the said A. B. by vertue of his Highnesses Writ of discharge of his late office to him directed hath delivered and set over unto the said C. D. these Writs following That is to say a Capias against L. M. returnable in 8 dayes of S. Hillary at the suit of N. O. c. Together with the bodyes of E. F. in execution at the suit of I. H. for a debt of an hundred pounds and G. R. at the suit of R. S. in execution for forty pounds and W. P. in execution as well at the suit of S. I. for a debt of ten pounds as also at the suit of T. W. for a debt of thirty pounds c. In witnesse whereof c. An Indenture for the Knights of the Parliament THIS INDENTURE made in the full County of York held at the Castle of York in the said County on Monday the three and twentieth day of October in the year c. Between A. B. Esquire Sheriff of the said County of the one part and C. D. Esquire E. F. Esquire G. H. Esquire c. and many other persons to the said County and Electors of two Knights of the Parliament in the Writ to this Indenture annexed specified of the other part who as the greater part of the whole County aforesaid then there being sworn and examined according to the force form and effect of divers Statutes thereupon set forth and provided chose R. S. and T. W. Knights within the said County Commorant Knights able most fit and discreet giving and granting to the two aforesaid Knights full and sufficient power for themselves and the whole County aforesaid to do and consent to those things which at the Parliament in the said Writ contained by the Common-Counsell c. shall happen to be ordained in businesses in the said Writ specified In testimony whereof the one part of the Indenture remaineth with his Highnesse the Lord Protector of the Common-wealth of England Scotland and Ireland and the dominions and territories thereunto belonging the parties abovesaid have put their seals to the other part of the same Indenture the Sheriff aforesaid hath put his seal Dated the day yeare and place abovesaid c. An Indenture upon choosing of a Burgesse to serve in Parliament THIS INDENTURE c. Between A. B. Esquire High-Sheriff of the County of Y. of the one part and C. D. and E. F. c. Burgesses and Borough men of the Borough and Town of S. c. of the other part Witnesseth That the said Burgesses and Borough men according to the Proclamation made by the said Sheriff for the election of Burgesses in every Borough or Towne within the said County have the day of the date hereof at S. aforesaid elected named and appointed C. D. and E. F. Esquires Burgesses of the said Town of S. and they to give their attendance advise and counsel at the high Court of Parliament to be holden at Westminster the two and twentieth day of August next ensuing the date of these presents In witnesse whereof the said Burgesses and Borough-men to these present Indentures have put their seales and subscribed their names the c. A Condition for the executing of a Goalership THE CONDITION c. That if the within bounden C. D. his Executors and Assigns do well and truly execute and use the office of Goalership at the Castle of York for the said County and also do well surely and safely keep all and every such person and persons now being in the prison of the Common-wealth of England in the said County of Y. or that hereafter shall be committed to the said Goale or to the said C. D. and further that if the said C. D. his Executors or Assignes at his or their proper costs and charges do safely carry bring and re-carry all persons in the said Goale now being or that at any time hereafter shall be prisoners there to any such place or places as the said Sheriffe or his assignes shall appoint or name within the said County of Y. and furthermore be truly diligent and attending aiding and assisting the said Sheriffe and his Under-Sheriffe and Deputies at all and every time and times when any execution shall be done within the said County to and upon any person or persons attainted or to be attainted for treason selony murther or heresie or otherwise or for any other cause unto the end of the execution And further if the said C. D. his Executors and Assignes do discharge and save harmlesse the said Sheriffe his Heires Executors Administrators and Assignes against His Highnesse and the Common-wealth of England and against all and every other person and persons and from all manner of escapes damages and losses fines issues and amerciaments which by the negligence or otherwise of the said C. D. his Executors or Assignes that the said Sheriffe shall or may in any wise be charged or incumbred with
of the Peace or before any other person or persons having any lawfull authority to summon the same persons and that he himselfe shall personally attend at the same Assize and Gaole-delivery Sessions of the Peace and at the County Court to make his just returnes and doe all the services belonging to the Bayliffe of a Wapentake if he be in health or able to performe the same or otherwise by his sufficient Deputy to be allowed under the High Sherifs seale of Office 5. Item That he the said C. D. shall before the twelfth day of January next coming deliver or cause to be delivered unto the hands of the said High Sherif or Under-sherif one paper booke fairely written containing the names sir-names and additions together with the dwelling places of all such Free-holders as are now dwelling and resident within the said Wapentake of Ewcross and shall likewise save and keepe harmlesse the said Sherif his lands and tenements goods and chattels of and from all issues and amerciaments which shall or may be charged upon them or any of them for and by reason of returning not returning or mis-returning of any Free-holder or Free-holders by the said C. D. or his Deputies 6. Item That the said C. D. his Deputy or Deputies shall bring or cause to be brought to the Castle of Y. all such person and persons as shall by them or any of them be arrested by vertue of any Warrant or Warrants upon any Capias utlegatum or Capias ad satisfaciendum And that likewise upon all Arrests of persons baylable take sufficient bond with two sureties for their appearance at the returne of the VVrit and the said Bonds so taken shall deliver unto the Under-sherif or his Deputy by the space of sixe dayes before the respective dayes of their severall appearances 7. Item That neither the said C. D. nor any of his Deputies make any sale of any goods by him or them or either of them seised or taken for any of his Highnesses debts or upon any execution between party and party Nor shall detaine or keepe in his or their hands any goods so taken by the space of foure dayes but shall bring send or deliver the same unto the said Under-sherif his Deputy or Deputies with a true Copy of their appraisements and the names of the appraisers in case the owners or some friends for them shall deny to take them as they are apprized or to pay the debts and summes for which they were so seised and taken together with the reasonable charges expended concerning the same and every of them shall and will from time to time within sixe dayes after notice or command to him or them given by the said High Sheriffe or his Deputy repaire and come to his Office at Y. or else-where and then and there make a just and perfect account for and concerning all Fees aswell for Arrests and Perquisites of Courts as for all other dues and profits unaccounted whatsoever for and which he and they or any of them shall have received and taken during such times as he the said C. D. shall continue Bayliffe of the said Wapentake which of right belongeth unto his Highnesse or the said now Sheriffe or his Under-sheriffe And the said high Sheriff or Under-sheriffe upon his true account so be made by the said C. D. shall returne unto him the said C. D. all the overplus of the said summe so deposited by the said C. D. to the said high Sheriffe or his lawfull Deputy as shall remaine in his the said Sheriffs hands after the perfecting of the said account 9. Item That he the said C. D. shall after the severall generall Assizes and Gaole delivery and Sessions of the Peace be present and ready in his owne person safely to carry and conduct the prisoners condemned to the place of Execution and not to depart thence without licence from the high Sheriff or his Under-sheriff And shall likewise from time to time so often as he shall be thereto required by the sayd Sheriff Under-sheriffe or his Deputies be ready to ayd and assist them or any of them for the apprehending of any Traytor Priest or Felon or for any other matter or thing whatsoever concerning his Highnesses service within the said County In witnesse whereof c. The Bond for the performance of these Articles is ordinarily made as all other bonds are for the performance of Covenants A Bond entered to a Sheriffe for ones appearance in the Common Bench. KNow all men by these presents that we A. B. of S. in the County of Y. Gent. C. D. of R. in the said County Esquire and E. F. of T. in the said County Yeoman are holden and firmly bound to G. M. Esq High Sheriff of the County of Y. in 30 l. of good and lawfull money of England to be payd to the said G. M. his Executors Administrators or Assignes To the which payment well and truly to be made we binde us and every of us by himselfe for the whole and in the whole our Heires Executors and Administrators firmely by these presents Sealed with our seales dated the twentieth day of June in the yeare c. The Condition THe Condition of c. That if the above bounden A. B. do appear before the Justices of the Common Bench at Westminster in the morrow of the holy Trinity to answer M. N Gent. in a plea of Debt That then this present Obligation to be voyd c. In the Upper bench thus THe Condition c. That if the above bounden A. B. do appeare before his Highnesse the Lord Protector of the Common-wealth c. at Westminster on Saturday next after the morrow of St. Martin to answer to M. N. of a plea of Trespasse That then c. Note that Upper Bench Writs are alwayes returnable upon a day certain as on Monday or Tuesday or Thursday c. next after the morrow of St. Martin c. and are alwayes in trespass But Common Bench Writs are in Debt Trespasse Account Trespasse upon the Case c. as the case requires and are not returnable on a day certaine but returnable on the morrow of the Holy Trinity or the morrow of St. Martin c. An Indenture of Covenants to a Sheriffe to save him harmlesse for returning a Devastavit against an Executor THIS INDENTVRE made c. Betweene Sir A. B. Knight High Sheriffe of the County of Y. and C. D. Gentleman Under-sheriffe of the said high Sheriffe of the said County of Y. of the one part and E. F. of c. of the other part Witnesses That whereas the said E. F. hath obtained and sued out of his Highnesse Court of Common Pleas at Westminster his Highnesses Writ of Fieri facias to the said Sheriffe directed bearing Teste the 29 day of June now last past and returnable in the said Court in 8 days of the holy Trinity last past thereby commanding the said high Sheriffe to
to reason that their Offices and jurisdictions being several and distinct the one should intermeddle within the jurisdiction of the other But it was resolved that the Justices of the Kings Bench Justices of Oyer and Terminer Goal-delivery and Justices of peace may enquire of hear and determine all murthers and felonies within the verge because their authority and jurisdiction are general through the whole County and alwayes hath beene so used and so was it adjudged without any scruple in Holcrofts case What person ought to be Coroner and how qualified OF ancient time this Office was of such estimation that none could have it but a Knight if we looke backe to the Statute of Westm 1. cap. 10. and the current of the Writ in the Register fol. 177. b. is nisi sit miles c. and such a one qui melius sciat possit officio illi intendere for this was the pollicy of prudent antiquity that Officers did ever give a grace to the place and not the place onely to grace the Officer Therefore it was holden a principall cause to remove and discharge a Coroner if he were not a Knight and had not a hundred shillings rent of Freehold Yet in F N B. de Coronatore eligendo it is not allowed a valid and sufficient cause to remove him though he be not a Knight at this day alledging That those words were inserted into the Statute to the intent that a Coroner should have sufficient within the County to be responsible for all that he doth or ought to do by his said Office Mr. Wilkinson in his office of a Coroner also saith that this Statute requireth such a Coroner as can will and may attend to execute the said office And therefore saith he if such a Coroner be elected as cannot will not or may not attend the execution of the said office he is to be removed and discharged by Writ from the same Office and the cause of his not attendance debility or insufficiency must be rehearsed in the writ and if he be discharged of his office by a false suggestion he may by a petition in Chancery pray a Commission to enquire of this false suggestion and if it be found and returned into the Chancery then his Highnesse may grant a Supersedeas to the Sheriffe of the County that he remove not the said Coroner from his office and if he be removed before the Supersedeas come then that he permit the Coroner removed to execute his office as he did before his removall He must have two properties viz. sufficient knowledge ability and diligence in executing his office Sir Edward Cooke in his second part of his Institutes Westm 1. cap. 10. saith he should have five properties viz. 1. He should be Probus homo 2. Legalis homo 3. Of sufficient understanding and knowledge 4. Of good ability and power to execute his office according to his knowledge 5. Diligent in execution of his office And the Common Law doth not only require expert men to be Coroners but men of sufficient ability and livelihood for three purposes viz. 1. The Law presumes that they will do their duty and not offend the Law for fear of punishment whereunto their Lands and goods be subject 2. That they might execute their office without bribery 3. That they be able to answer to the Protector all such fines and duties as appertaine to him and to discharge the Countrey thereof wherewith the County being their Electors were chargeable For the Coroners being elected by the Countrey if they be insufficient and not able to answer such fines and other duties in respect of their office as they ought the County as their superior shall answer the same As for example the County of Kent made election by force of the Kings writ of William Herlizon to be one of the Coroners for the same County who after was amerced for a false return forty shillings Whereupon processe went out to the Sheriffe to levy it the Sheriff upon his oath said that the said William Herlizon non habet terras vel tenementa bona seu catalla in ballivo suo nec habuit unde dict denarii levari possint Now saith the Record Et quia ipse Coronator electus fuit per Comitatum c. ita quod in defectu ejusdem Coronatoris totus Comitatus ut elector superior c. tenetur regi respondere praeceptum fuit nunc vicecomiti quod de terris tenementis hominum totius Comitatus in balivo suo fieri fac praedict 40 s. And the like law was of the Sheriffe and other the said Officers when they were elegible They remain Conservators of the peace within the County where they are Coroners notwithstanding the Protectors death for being elected by the Freeholders of the County by Writ and returned of Record in the Chancery wich is a judicial act remaineth and so of the Verderor It is otherwise of Judges and Justices that hold their place by Writ Commission Letters patents or otherwise at will whose authority is determined by the death of the King or Protector for by the Commission c. he maketh them Justiciarios suos so that he being once dead they are no more his Justices And it might be a reason wherefore the Sheriff of ancient time was eligible for that he had eustodiam Comitatus and principall Conservator of the Peace and therefore his authority should not cease by the death of the King or Protector no more then that of the Coroner Of the number of Coroners in each County THe number of Coroners are not set downe by the Law In some Counties there are sour in some Counties six in some sewer and in some but one 23 Ass P. 7. 14 H. 4. 34. 39 H 6. 40. F N B. 163. Inst 2. Westm 1. cap. 10. but in twelve Shires in Wales and in Cheshire there are but two Vide Lamb. Iust 16. b. Stamf. 48. Of the power and Jurisdiction of Coroners THe Coroners power is duplicace viz. 1. Judiciall 2. Ministeriall 1. The Judiciall authority both of a generall and speciall Coroner is in case where a man comes to a violent death by selony or mischance and to take the acknowledgement of selony to take the enquest of selonies happening within his Liberty to give abjurations pronounce Judgment upon out-lawries appeals of death by bill c. solely to take an Indictment super visum corporis and to take and enter an appeal but he can proceed no further upon the Indictment or appeal but to deliver them over to the Justices and to enquire of Treasure trove and wreck of the Sea c. But if you will enquire more amply what anciently appertained unto him read Bracton lib. 3. tract 4. cap. 5. de officio Coronatorum circa homicidium cap. 26. de officio Coronatoris in Thesauris inventis cap. 6. de officio Coronatorum in raptu Virginum cap. 8.
under-sheriff and one E. F. by which the under-sheriffe doth acknowledge that he is to pass the whole account c. and to get a discharge for the same and for that purpose the Sheriffe hath security Neverthelesse for the better security the Sheriffe doth by these presents binde the said E. F. c. Covenant by the Sheriff not to charge the said E. F. c. if he may be relieved and saved harmlesse by the undersheriff and his sureties Covenant that the under sheriffe shall not open returne serve or execute any Writs for Knights for the Parliament Nor open execute or answer any Letters of his Highnesse or the Councell directed to the Sheriffe without his speciall warrant Covenant that the Vnder-sheriffe shall receive all dues and fees to his owne use without rendering any account to the said Sheriff Covenant to execute the office without committing extortion c. Covenant to execute answer returne all processe writs precepts and Commandmentsdirected to the Sheriff c. Covenant to save the Sheriff c. harmlesse from all fines issues and amerciaments c. for not executing not filing neglecting mis-executing c. any writs processe precepts warrants or commandments c. or other misdemeanors Covenant to keep all the County Courts of the said County at usuall times places c. And to appoint Attorneyes or Deputies of Record in the Court of Record And constitute Deputies in every Hundred c. Covenāt to make ready at his proper charges the place where the Assizes c. shall be holden And shall give notice to the Sherif in convenient time of the times and places where his personall attendance shall be requisite Covenant to collect and levy to the use of his Highnesse the goods of felons and fugitives of persons outlawed and of persons attaint and convict of treason murther or felony And to collect gather up all fines amerciaments extracts certainties fee-farms pipe-silver c which he shall have warrant or authority to seize levy or collect c. And shall at such dayes and terms as the said A. B is or shall be required to enter into accōpt of the Court of Exchequer touching the said office the which the said C. D. shall do in the name of the said A. B. Sheriff c. And the same accompt shall at his own costs and charges prosecute with effect until it be finished without demanding any allowances of the Sheriffe And shall pay into the Exchequers receipt all such summs of money as upon the said accompt shall be found in arrearages within one year next after the feast of S. Michael next c. and in the name of the said A. B. shall obtain a Quietus est out of the said Court of Exchequer for him the said A. B c. within one year next after the said feast of S. Michael c. paying all fees duties and charges rewards c. which shall be required of the said A. B. without demanding any allowance Covenant that the said C. D. shall truly satisfie and pay all summs of money as he or any Deputy c. shall at any time levy and receive by vertue of any writ Process of Extent Cap. ad sat Fieri sac Elegit c. against any former Sheriff or any other writs of Execution c. whatsoever according to the true tenure of any such writ c. Covenant that the said C. D. shall at his proper costs and charges conduct and safe delivery make of all such prisoners as are or shall be in the custody of the Goal to such persons and to such places as the said A. B. by writ warrant c. or by vertue of his said office be commanded or bound to deliver the same And shall at his proper charges execute or cause to be executed all such persons as shall be convicted and put in execution according to their severall judgments c. Covenant that the said C. D. shall up on the discharge giving up of the said office to such as shal succeed deliver by Indentune to be made betweene the said A. B. his successors to the successor of the said A. B. all such prisoners as then shall be in the custody of the said A. B. with the causes of their detainments imprisonments and all such iron implemēts as belong to the Cōmon Goal of the said County c. And also all writs processe warrants and other things which shall be in his custody in respect of the said office Covenant that the said C. D. shall and will frō time to time discharge defend and save harmlesse the said A. B. c. and his goods lands c. against his Highnesse and all other of and from all maner of pains corporall and pecuniary forfeitures fines c. hereafter lawfully to be commenced prosecuted imposed c. of or against the said A. B. c. or his lands c. for or by reason of any escape of any prisoner now under execution or arrest or hereafter shall be or for not appearing of any person arrested at the daylimited c. or for or by reason of any false returne not returne or mis-return of any warrant c. of the said C. D. c. or for negligence in executing or not in executing of the said office by reason of the not levying answering or not paying of any summs of money c. or by reason of any writ or writs of assistance for the levying of any summs of money wherewith the said A. B. shall or may be charged c. Grant that the said C. D. shall have to his owne use the benefits of such Bonds and Covenants as shall be taken of any persons with condition for their appearance in any Court or else-where and of all obligations to be taken of any Bayliffs c. and all other bonds coven which are or shal be made to the said A. B. except c. and shall may sue and prosecute the same in the name of the said A. B. at the cost and charges of the said C. D. and the money recovered to have to his owne use without any account thereof c. The said A. B. not acquitting any of the said bonds judgements c. without the consent of the said C D. unless the said A. B. shall be enjoyn'd thereto by order or course of law or equity Covenant that the said C. D. shall and will from time to time keep harmless the said A. B his c. of from all costs and charges and damages which may arise by reason of any bill in equity or of any Non-suit or judgement obtained by any person of or upon any of the said covenants obligations or bonds to be taken for appearance as aforesaid or by reason or means of removing any action or suit in the name of the said A. B. upon the same Covenants c. The said C. D. is bound to the said A. B. in the summ of 500 l.
for the performance of the covenants c. aforesaid on the part and behalfe of the said C. D. to be performed procuring five sufficient Sureties to be bound in 100 l. a piece with the like conditions A. B. grants to the said C. D. that he the said A. B. shall within the space of one yeare next after the said C. D. shall deliver or cause to be delivered to the said A. B. the said Quietus est being discharged and saved harmlesse from all payments penalties fines c. upon the reasonable request of the said C. D. shall deliver or cause to be delivered up the said obligations so to be made by the Sureties of the said C. D. c. To be bayliff during the pleasure of the Sheriff He must execute every precept warrant with speed and secresie making a true returne by the space of four dayes before the respective returns thereof and keep harmlesse the Sheriff his c. of and from all escapes c. He shall truly pay to the Vnder-sheriffe the Blanck-farme within the said Wapentake within sixe dayes next after she Annunciation and St. Michael and shall at his owne charge levy and collect all summes of money of what nature soever within the said Wapentake as are due to his Highness or c. He shall enquire of the goods and chattels of Felons Fugitives of persons outlawed and condemned waises estrayes c. delivering them to the Sheriffe within one moneth next after the seisure He shall give lawful summons to all Jurors Free-holders as shall be appointed to appeare at the Assizes Justices of the Peace c. attending personally himselfe at the Assizes Sessions c. to make his just returns c. He shall deliver before the twelfth of January next unto the hands of the said Sheriff c. a paper booke faire written containing the names c. of all Free-holders resiant in the Wapentake And shall save and keepe harmlesse the Sheriff his c. from all issues and amerciaments c. for not returning or misreturning of any Free-holder He shall bring or cause to be brought all persons by him arrested c. And upon all arrests of persons baylable take bond with 2 sureties for appearance and shall deliver the bonds to the under Sheriffe sixe dayes before the dayes of appearance He shall not sel any goods by him taken c. nor shall keepe them by the space of foure dayes but shall deliver them to the under-sheriffe with the appraisements He shall within 6 dayes after notice to him given by the Sheriff come to his office to make a perfect account for all fees for arrests c. 8 Item That the said C. D. his Deputy and Deputies dues profits c. during the time he hath continued baylif c. returning the overplus to him of the sums so deposited by him He shall after the severall general Assizes Sessions of the peace be ready in his owne person to conduct the prisoners condemned to the place of Execution shall aid the Sheriffe to apprehend Traytors c. The returning the Devastavit A covenant to the high Sheriff the undersheriff to save them their Clerks harmless touching the return of the Devastavit and to pay all costs c. that they shall be put unto They binde themselves in the penalty of 300 l. for the performance of it Co. upon Mag. Chart. cap. 17. 4 Inst cap. 59. sol 271. Mirrour cap. 1. Sect. 13. Articuli super Chartas See Brit. cap. 3. fol. 3. Stamf. pl. coron 48. c. Register 177. F N B. de Coronatore elegendo de electione viridariorum Co. Int. 2. fol. 174. 175. In Scaccar inter praecept term Hil. 14. E. 3. ex parte remem regis 20 H. 9. Dyer 1. Eliz. fol. 165. Daltons Iustice of Peace Co. 2. Inst Magn. chart cap. 17. Mirror cap. 1. sect 13. Croke 1. part fo 95. Sir Wil Withipoles case In case of death an Inquisition super vis corp per sacr prob legal hom where not good Poph. rep fol. 202. Harison against Errington Poph. rep fol. 209 210. Stat. 4. E. 1. Co. lib. Intr. fol. 354. Smiths CoÌ„mon wealth of England cap. 24. Stamf. 52. City of York The Oath of the fore man of the Jury The oath of the â—est of the Iury. York ss The oath of the evidence What are Deodands and what are not 14 H. 7. 31. 4. H. 7. 3. Pl. Com. When the Sherif is Plaintif in an action of waste the Estrepement shall go to the Coroners He may take posse Comitatus Fitz. tit Coron fol. 221. 371. 5. H. 7. Note The Sheriffe shall have Counter-rolls of Appeals c. Middlesex ss Middlesex ss Middlesex ss Middlesex ss Felo dese Middlesex ss No forfeiture of Lands Lamb. E. 4. c. 4. Britton cap. 29. cap. 61. Flet. E. 2. c. 62. Br. 21. 23. Powel Suit reall what it is Leets how first granted Kitch fol. 6. Dyer fo 64. 13. Termes of Law Co. L 4. 33. L 6. 12. Extrinsical offences Intrinsicall offences Co. 8. 38. A Suitor refusing to make presentment or refuseth to be sworn No commitment to prison c. yet he may take a Recognizance for the peace Co. Inst 4. fol. 263. Magna Charta cap. 17. No Indictments of felony for death 28 E. 3. 95. 21 E. 4. 21. 3 H. 7. fo 1. Br. Leet 19. 25. Br. Leet 26. Dyer 234. Fitz. tourn 1. 4. Styles prac Reg. Delta sol 155. Fitz. Leet 11. Stat. 9 H. 3. c. 33. 52 H. 3. c. 2. 10. Br. Leet 42. Fitz. 160. c. 161. 1 R. 3. cap. 4. Westm 2. 6 H. 4. fol. 1. 2 H. 7. fol. 4. Coo. on Lit. lib. 2. c. 11. p. 194. Co. part 8. 43 E. 3. 9. Avowry 80. vi 11 H. 4. 89. 12 H. 7. 15. 11 H. 4. 88. 11 E. 3. 9. Avowry 155. 10 H. 6. 7. Co. rep 8. Griesleys case 29 E. 3. 36. 41 E. 3. 26. 9 H. 6. 41. Custome Ass 13 E. 3. Avowry 105. 47 E. 3. 12. 10 H. 7. 21. Stat. E. 1. 4. Hill 21. E. 3. Bar. 271. Inquiries The oath of the fore-man of the Inquest The oath of the rest of the Inquest The first consideration The second consideration Deut. c. 6. The third consideration What an oath is Hebr. cap. 6. v. 16 17. Malac. 3. High-Treason Petty-Treason Felony Rape Burglary Petty Larceny Phisnomy defaced Misprision of Treason Sorcerers and Conjurers and Witches Sacriledge Taking of Doves young Pigeons Goshawks fish Cignets Swans Peacocks domestick Deere and Robbery Burning of houses or barnes Acessaries Escape voluntary Escape negligent Rescue Constables Tything-men Stocks Hue and Cry Common Nusance Bridges decayd Common Pounds Surveyors of high wayes Ditches hedges and high wayes kept and scoured Boundaries ' Hedg-breakers Pound-breach Blood-shed Rescous Common Barretors Alehouse-keepers Forestaller Regrator Ingrosser Assize of bread Brewers Victuallers Inne-holders Butchers False weights and measures Tanners Curriers Shoomakers Searchers and
de officio Coronat de pace plagis And Britton in his first Chapter where he treats of it at large and Fleta E. 1. cap. 18. But more amply in Stamfords Pleas of the Crowne lib. 1. cap. 51. It is amply expressed in F N B. fol. 186. That the Coroner shall carry the Records of his own view abjurations outlawries appeales accusations of Thefts done before him and of all other things done in the County that is certaine to the Coroners office and also in the Court of Freemen which have Franchises of infangtheft c. And in the presence of the Coroner shall all appeales of Robbery and Larceny be framed Now as to the view of the body of a man it is his office that so soon as he shall be certified thereof to send to the Constable of the Hundred of the place to summon sufficient and able men of the towns adjacent that at a day certaine they be before him at such a place all which done the body is to be viewed and if it be buried it is to be taken up and he is to record the names of those who buried him and if it hath been decreased or endamaged by ill keeping or laine so long that it cannot be judged how it came by its death the same must also be recorded that this negligence may be punished at the coming of the Justices of Assize into the Circuit for the Towne where the amerciament was shall be grievously amercied upon sight of the Coroners rolls He ought to do his office in person and to see the dead body when he maketh inquisition otherwise the inquiry is invalid for if he will inquire of any dead person without view this is without authority and void If the Coroner be remisse and negligent in coming to execute his office after he is sent unto he shall be amerced But to proceed if the Coroner with the advice of the people present be able to judge of the death then are they to present the manner of his killing whether he died of anothers felony or of his own or by mischance and if of blows whether of a staff or a stone or any other weapon and he is to record in his rolls the names of those who were summoned and appeared not that the same offences of disobedience remain not unpunished whereby the Coroner could not at that time proceed for want of Jurors Therefore we will inquire what persons may be of the Enquest What persons are to be of the Coroners Inquest and how to be qualified THe Inquisition before Coroners is to be of persons within the four next adjacent Villages to be made by the Bailif or Constables of those Villages as appeareth by the Stat. of 4 E. 1. de officio Coronatoris Crompton fol. 113. In these Enquests lye no exceptions or challenges to the persons of the Jurors but he ought to make his pannels of the discretest of the ablest and best of them The names of the Jurors ought to be certified for peradventure they be not probi legales homines but Villains and Outlawes 15 H. 4. 41. for note that an Indictment before Coroners was found that the Earle of B. was felo de se was quashed because it did not appear that it was per sacramentum proborum legalium hominum Pophams rep fol. 202. Harrison against Errington And likewise in Hillary termo 2. Car. B. R. Pophams rep fol. 209. 210. a great multitude of Welshmen were indicted for the death of a man by an Inquisition taken before the Coroner in the County of Montgomery in Wales and exceptions were taken to the Inquisition as first that the Coroner cannot take any Inquisition unlesse it be super visum corporis and to this was cited Britton 6. R. 2. Coron 107. 21 E. 4. 70. 2. R. 3. 2. This is also the reason that if a man drown himselfe and cannot be found the Coroner cannot inquire of the death of this man but for the King or Protector to have a forfeiture of his goods an Inquisition ought to be taken before the Justices of the Peace The second exception was that the Inquisition was per sacramentum proborum legalium hominum Com. praedict whereas by the Statute of 4 E. 1. this enquest ought to be by men of the four next Towns adjoyning and this ought to appear in the Indictment also Hill 10. Jac. Rot. 3. Co. Lib. Intr. 354. and in Pasc 3. Car. This Indictment was quashed for these exceptions The empannelling of the enquest and the view of the body and the giving of the verdict is commonly in the Street in an open place and in corona populi but this name rather cometh because the death of every Subject by violence is accounted to touch the crown of the Prince and to be a detriment unto it The Prince accounting that his strength power and crowne doth consist in the force of his people and the maintenance of them in security and tranquillity The method of keeping the Coroners Court THe Coroners Court is a Court of Record and holden after this manner When a Coroner cometh to view a party that hath hanged killed or drowned himselfe or that hath come to his death by any other accident he must make out his warrant to impannel a Jury to the Bailiffe in whose Liberty the party lyeth dead to appeare before him at such a day and place as he shall mominate and appoint The forme of the Warrant is thus To the Bayliffe and also to the Constable and Tithing-men of the Hundred of R. in this behalfe joyntly and severally greeting BY vertue of mine office these are in the name of Richard Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging to will and require you immediatly upon the receipt and sight hereof to summon and warn twenty foure able and sufficient men to be and appear before me at Skipton the 21. day of November next ensuing the date hereof at the common Tolbooth of the said Towne then and there to do execute such things as on his Highnesse behalfe shall be given them in charge whereof faile you not as you and every of you will answer the contrary at your perils Dated under my hand and seale the 12. day of September in the yeare of our Lord 1158. By me W. G. one of the Coroners of his Highnesse the Lord Protector If it be in a City or Corporation then the form of the warrant or precept is thus To the Sheriffe of the City of York and to the Serjeants at Mace attending the said Sheriffs THese are to will and require you and in the name of his Highnesse the Lord Protector of c. straitly to charge and command you that you cause to come before me one of the Coroners of the City of York and County of the same City at the house of T. P. in
Fosgate within the said City betweene the houres of One and Two of the Clock in the Afternoone of this present first day of May twenty four good and lawfull men of the said City then and there to enquire upon the view of the body of A. B. there lying dead how and in what manner he came to his death faile not herein at your peril as you will answer the contrary Given under my hand and seal the c. 1658. By me I. C. c. When you come to the place appointed call the Baliffe Constable c. to make a returne of their Warrant Then command one to make three Proclamations calling the Jury after this manner You good men that are returned to appear here this present time to enquire for his Highnesse the Lord Protector c. answer to your names as you shall be called every man at the first call upon pain and peril that shall fall thereon And such of the Jury as faile to appeare shall be fined 40 s. The Jury appearing sweare fourteene or fifteene of them and give the fore-man his oath super visum corporis thus You shall diligently enquire and true presentment make on the behalfe of His Highnesse the LORD PROTECTOR c. how and in what manner A. B. here lying dead came to his death and you shall deliver up to me His Highnesses Coroner a true verdict thereof according to such evidence as shall be given up to you according to your knowledge so help you God c. Or thus You shall diligently enquire and true presentment make of such things as shall be given you in charge according to your evidence so helpe you God c. Then swear the rest by four at once thus All such oath as L. M. the fore-man of this Inquest for his part hath taken you and every one of you shall well and truly observe and keepe on your parts according to your evidence so helpe you God c. If the evidence be not ready you may adjourn untill another day and place to receive their evidence binding the Jury by recognizance in twenty pounds apiece for their appearance Then send out your warrant to the witnesses commanding them to come to be examined before you and to deliver their knowledge touching the matter in question taking their examinations in writing under their hands If it be about the triall of a mans life then must the witnesses be all bound over in twenty pounds apiece at the least personally to appear at the next assizes then ensuing to deliver their knowledge therein Their Recognizance must be made in this manner viz. The two and twentieth day of May in the year c. A. B. of C. in the aforesaid County acknowledges himselfe to owe and to be indebted c. under Condition c. That if the said A. B. do personally appeare before the Justices of Assize and Goal-delivery at the next Assizes to be holden at the Castle of Y. for the said County and then and there deliver and set forth his knowledge touching the death of E. F. and do not depart thence without license of the said Court That then this present Recognizance to be void and of none effect or else the same to stand remain and continue in force strength power and vertue Taken and acknowledged the two and twentieth day of May in the year 1658 aforesaid before me R. W. Gent. one of the Coroners of the County aforesaid R.W. Then command three Proclamations to be made thus If any man can give evidence on the behalfe of His Highnesse the Lord Protector c. how and in what manner A. B. here lying dead came to his death draw near and you shall be heard Evidence appearing give him or them this oath All such evidence as you shall give to this Enquest concerning the death of A. B. here lying dead shall be the truth the whole truth and nothing but the truth so help you God c. The Jury being all sworne command them to stand together and hear their charge the which I shal give you in briefe Gentlemen 1. You that are sworne you shall by your Oaths declare of the death of this man whether he died of felony or by mischance and if of felony whether of his owne or of anothers and if by mischance whether by the act of God or of man and if of samine whether of poverty or common pestilence and from whence he came and who he was and if he dyed of anothers felony who were principals and who accessaries and if Hue and Cry were duly made or not and whether the men fled according to law or not and who threatened him of his life or members and who were sureties for the Peace or whether he dyed of long imprisonment or of pain and by whom he was further from life and nearer to his death and so of all prevailing circumstances that can come by presumptions 2. And in case where he died by hurt or fall or other chance by the act of God so that he had no power to speake before his death then you shall enquire the names of the finders and of his next neighbours and who were his Parents and if he were killed there or elsewhere and if elsewhere by whom and how he was thence brought and the value and kinde of the Deodand and to whose hands it came for in case a man dieth by a fall in such case according to Glanvile it is ordained whatsoever is cause of his death is Deodand as it is for whatsoever moveth in the thing whereof he sell as Horse Cart Milstone also Vessels are sometimes Deodands but not in the Sea according to the maxime Omnia quae movent ad mortem sunt Deodanda but the sums upon the Horses the goods lying in Ships Mills Carts and Houses are not accounted for Deodands 3. And in case of anothers felony then you are to enquire who were the felons in what Hundred Pledge Dosein Ward or Mainprize they were and from whence they came and where they returned 4. And if he was killed by false judgement then you are to enquire who were the Judges who the Officers to form the Judgment and who accessaries and if of false witnesses who they were and the Jurors 5. And if he died of his own felony then that you enquire the manner and the value of his goods and the name of his parents and the finders and of the neighbours and the value of the waste Note that you are also to enquire of the Accessaries and they are nine in number viz. 1. Those who command 2. Those who conceale 3. Those who allow and consent 4. Those who see it 5. Those who help 6. Those who are Partners in the gaine 7. Those who knew thereof and did not interrupt or hinder it by forbidding 8. Those who knowingly receive such Offenders 9. Those who are in the force All which you are to enquire of Also