JURISDICTIONS OR THE LAWFUL AUTHORITY OF Courts Leet Courts Baron Court of Marshallseys Court of Pypowder and Ancient Demesne TOGETHER WITH THE MOST NECESSARY Learning of Tenures and all their Incidents of Essoynes Imparlance View of all manner of Pleadings of Contracts of the nature of all sorts of Actions of Maintenance of diverse other things very profitable for all Students of Innes of Court and Chancery And a most perfect Directory for all Stewards of any the sayd Courts Heretofore writ in French by the methodically learned JOHN KITCHIN of Grays-Inne Esq And now most exactly rendred to more ample advantage in the English tongue with a demonstrative Table pointing out all matter of consequence throughout the whole Work Whereunto is added the authentick formes of all manner of Writs with their severall returnes in English very usefull for all men in this Common-wealth as they be now used LONDON Printed by T Roycroft for M Walbancke at Grays-Inne Gate and H Twyford in Vine Court in the Middle Temple 1651. TO The Students of the Innes of COURT AND CHANCERY JOHN KITCHIN wisheth happinesse TO the end no failer in the administration of Lawes from which the Common-Wealth receives its establishment may through ignorance be admitted as much as my abilities have prompted me unto for direction of such as keep Courts I have here preferred at once both to profit and censure both which I shall as justly expect as that I am confident my indeavours are neither fruitlesse nor free from Errings having neither been industriously idle nor blessed with infalibility yet such as they are I most seriously wish them to your advantage who are many of you imployed in the keeping of Court Leets Court Barons and other Courts and Jurisdictions And therefore I have here in this Book collected all such cases out of our Books of Law under such generall heads and notions which are upon any occasion to be discussed so that those who either have not the said Books at large or have them and yet want time to peruse them may here for sweatlesse labour receive satisfaction in exchange whereupon I have fixt my hopes that ignorance the naturall Mother of Errour which hath so much fostered it selfe in those imployments into which many Ignaro's have thrust themselves with ignorance and confidence of equall size will lose its no-being in Judiciall performances and that the knowledge of the Law in this kinde may prove impulsive to the Love of Justice which is alwaies the lesse regarded by how much Ignorance is her Enemy Ignoti nulla Cupido For desire and nothing are the same where the understanding is not felicitated with apprehension which here I teach as far as it is essentiall for any man Quatenus he is a Steward of Courts in which duty I wish him Jurisprudentiall for his owne Honour and the Publique benefit desiring nothing in requitall but your kinde accepctance From GRAYS INNE THE PREAMBLE FIRST before I write of the Order of Courts Leets Courts Barons you ought to consider for what cause the King was ordained of God Secondly For what cause the Law was ordained Thirdly How ancient these Courts are and for what causes and matters they were ordained and also how necessary it is that the Law be duely and truely administred in these Courts And first Fortescue leafe the 30. saith As a naturall body cannot be without a head so a Realme cannot be governed without a head which is the King And there he further saith That whensoever of many one is constituted amongst them one shall be Governour and the rest shall be governed Britton leafe the 1. saith The King is ordained of God that the Peace be kept the which cannot be well without Law And Fortescue also saith All power is of our Lord God Bracton saith also That the King is Gods Vicar upon Earth to seperate right from wrong Justice from Injustice that all which are Subjects to him should live honestly and none should hurt another but that to every man which is his owne by a rightfull contribution should be given for he is called King by well Governing Stamford leafe the first saith The King is the preserver nourisher and Defender of all his people and that by his great travell study and labour his people onely injoy their lives Lands and Goods But all those which they have in peace and tranquility and that by the Law And as the body of a man cannot live without the head but will fall downe unto the ground so the Common-wealth cannot be governed without a head which is the King Also Seneca saith Where there is not a Governour there the people will be confounded Prov. Chap. 11. Where there is not a Governour the people goe to ruine Rom. chap. 13. There is no power but of God and which are the true Powers are ordained of God The Person of the King and the Queen his Wife By the Commentaries leafe the 45. By the 7. of Edw. 2.34 The King is a Corporation See 1 H. 7. leafe 10.21 Edw. 4. Title Age it is no Plea that the King is within Age 1 Edw. 6. title 373. the King shall have his Age as Duke of Lancaster and not as King by the Commentaries leafe 213. See Stamford 10. If the King grant a Lordship to one in Fee the Grantee shall not have his Prerogative but if he grant that for life to the Queen and Prince that remaineth in the King and for that the Queen and Prince shall have Prerogative and though that the Queen is a person exempt from the King and may sue and be sued in her owne name yet that which shee hath is the Kings 1 H. 7. leafe 29. where a Reversion was to the Queen Ayd shall be of the King by Townsend and by some of both the Benches Stamford 75. Petition shall be to the King himselfe onely and not to the Queen or Prince 3. H. 7. leafe 14. The Queen is as a common person and as a Woman alone to let for life and to make personall things 11. H. 7. leafe 7. The King letteth to the Queen for life and shee leaseth at will In Trespas against the Tenant at will he shall not have aide of the King for he is a stranger to the Patent of the King 7. H. 7. leafe 17. 18. Edw. 3. leafe the first Phillip the Queen brought a Quare impedit and held that the Queen may bring a Writ in her owne Name and shall finde no pledges and for that it shall not be in the Writ Vnde c. 20 Edw. 4. leafe 1. Fitzherbert 101. 21. Of the Book of Assises 13. the sayd Phillip brought Deceit of a Fine levyed by Tenants in ancient Demesne at the Common Law 19. Edw. 4. leafe 2. J. B. granteth to the Queen the next Advowson of the Church of Dale and shee alone of that bringeth her Quare Impedit 49. Edw. 3. leafe 4. The King may give to the Queen for her life and shee may have
the party shall not have them again without fresh Suite and sue an Appeal and now upon an Indictment give that in Evidence BY fresh Suite the first Owner shall re-have his Goods which were stolne and waived if he make fresh Sute and bring an Appeal 21 Ed. 4. Tit. 16. Trespass the Lord justifies for that they were stolne and waived the Plaintiff may say that they were not stolne or they were not waived 12 Ed. 3. fol. 5. Goods waived the Owner may seise them twenty years after if the Lord of the Franchise nor the King seise before but if they are seised yet if he bring an Appeal and make a fresh Suite he shall have them again 21 Edw. 4. Tit. 16. Detinue the Defendant as Lord justifies that he took those as waife and good 10 H. 6. fol. 22. If one have a Waife and it be taken out of his Mannor he shall have Trespass without seising and though he do not seise them Fitzh fol. 91. Waifes and strays not claimed within the year and day are the Lords Britton fol. 26. Where Goods are waived and the Lord seises them the property is changed that the Owner shall not have them without suing an Appeal notwithstanding by the 21 of H. 8. chap. 11. Rastal Restitution 2. If he give Evidence to the Jury upon the Indictment he shall have Restitution Brook Estray 8 If a man be robbed and make fresh Suite he shall be restored notwithstanding that he which hath waived hath seised them before 7 H. 4.44 If he make fresh Suite after the Felony he shall have his Goods again notwithstanding that they were waived and seised and there ought to be an Appeal sued and so to have them when they are seised Stamford fol. 186. A. Authority of the Steward Then let us see the Authority of the Steward and also of the Court Leet THe Steward may make his Precept by word to the Bailiff to distrain and it is good 16 H. 7 fol. 14. If a man refuse to be sworn of the Jury he shall be fined and the Steward of the Lord may commit him to Prison till he hath paid his Fine or amerce or distrain him for that 31 H. 6. Leet 11 Quere of committing a Tenant to Prison for in Magna Charta chap. 29 is no man shall be taken c. The Steward may cause a stranger which cometh within the precinct of the Leet to be sworn to inquire in the Leet where he hath not sufficient residence and the Lord may sell the Distress taken in that for that it is the Kings Court 3 H. 7. fol. 4. 11 H. 7.14 the same and 21 H. 7. fol. 40. The Steward is Judge in the Court Leet and in Court Baron the Suitors unless all the Suitors be Copy-holders and then I intend they are no Judges but the Steward for that they have but a base Estate and the Free-hold is in the Lord 12 H. 7. fol. 17.6 Ed. 4.3 Note that where a false Judgement is sued the Suitors are called Judges to certifie c. but yet the Steward ought to be skilled in the Law and of matters in Law it seemeth he shall give Judgement and not Suitors for Actions and matters in Law and yet it is before the Suitors and though ignorant persons in Law rule in Court Barons and Liberties that ought to be by them skilled in Law and when there is a Liberty and Court granted to a Mayor that is held by their Recorder or Steward which is intended to be skilled in the Law otherwise it seemeth a cause to re-seise it so that an ignorant person cannot meddle in matters touching the Law The Steward may send a Prisoner taken for Felony to the Gaol 13 H. 4. fol. 12. The St. is Judg of Rec. may assess a Fine for contempt made in a Leet and the Lord shall have Debt for that 7 H. 6. fol. 13. 10 H. 6. fol. 7. Leets are appointed for the Common-wealth Leet as for preservation of the Peace and for that they are Courts of Record Fitzh fol. 82. in the beginning It is said that a Leet is a Court of Record 21 H. 7. fol. 33. Tenants in a Leet may make by-laws 11 H. 7. fol. 14. 21 H. 7. fol. 40. The Seneschall of the Leet may compell the Suitors to swear but otherwise it is in a Hundred 39 Ed. 3. 44 Ed. 3.15 Leet 6. Where one hath a Leet he hath but the Amercements and the day is to the King and for that the Steward represent the person of the King 41 Ed. 3. fol. 27. Suite at the Leet is called Suite reall for that that that is the Kings Court 45 Ed. 3. fol. 23. If the Steward of the Leet command the Bailiff to impannell a Jury to inquire for the King upon pain of forty pounds and he refuse to do it he may put upon him the pain of forty pounds and at the second time fifty pounds or more and note that upon all pains the Lord may have an Action of Debt 7 H. 6. fol. 13. 23 H. 8. Tit. 34. Debt lieth for pain for not amending an Annoyance and for Usage Distress If the Jury will not present the Defaults in a Leet of which they are informed the Steward may assesse a Fine upon them 10 Ed. 4. fol. 4. If any Suitor present in Court refuse to be of the Jury or if any make another such Contempt or any Contempt or disobedience in Court Leet the Steward may set a Fine upon him without affirming by Affirors but when one is amerced that shall be affirmed by Affirors 10 H. 6. fol. 7. When the Steward sets a Fine upon a Suitor in Court Leet or other person for his mis-demeanour this is called a Fine and not an Amercement and is not traversable 7 H. 6. fol. 13. Judge of Record For that the Steward is a Judge of Record in Leet it is expedient to see what a Judge of Record and one by him may do and what not IT seeemth that a Justice of Peace ought not to make a Precept to arrest one for Felony but if he doe for that he is a Judge of record the Bailiff that serves that is excused for he cannot argue his authority no more may the Sheriff argue the authority of the Justices 14 H. 8. fol. 18. 9 Ed. 4. fol. 3. A Justice of Peace may arrest a man for suerty of the Peace by his discretion and though he suffer him without a suerty the party shall not punish him for that he is a Judge of Record 9 H. 6. fol. 60. Action of the case doth not lye against a Justice of Record supposing he hath made a fall Record or that he hath caused false Entry to be made contrary against an Office as against an Escheator for returning a false Office or against a Sheriff for they are Officers of Record and not Judges 12 H. 4. fol. 3. If a Judge of Record award one to Prison without cause he
his life in safety And for that that the Law is so necessary Now let us see when and how these Courts Leets and Court Barons began Fineux The beginning of these Courts Leets ordained 12. H. 7. fol. 18. saith That at the beginning all the administration of Justice was in the Crowne and where the King was there was the Law administred Then afterward for the multiplicity of the people was the Court Leet for punishment of offences and annoyances to the Common-wealth within the Precinct of that and the Articles and paines are ordained to that end and it is called The view of franke pledge for that the King there may be certified by the view of the Steward how many people are within every Leet and also to have account and view by the Steward of their good government and manners in every Leet And also the Leet was ordained to have every person of the age of twelve years which had remained there by a yeare and a day to be sworne to be faithfull and loyall to the King and also for that that the people there might be kept in peace and obedience these Courts Leets were ordained And Court-Barons were ordained to determine Injuries Court-barons ordained Trespasses Debts and other actions as afterwards it appeareth where the debt or the dammages are under forty shillings And also for that that the Lords of the Mannors and Court-Barons have given their Tenants their Lands and Tenements before the Statute of Westm the third to hold of them for that also Homagers of Court ought to inquire in this Court that their Lords shall not loose their Services Customes nor duties And also it was ordained to make their Suites there and so to shew them obedient to their Lords and that nothing be made within the Mannor to be an annoyance or hurtfull to the Inheritances of the Lords of the Mannors which should not there be inquired of and presented for the Lords of the Mannors as afterward by the Articles more plainely appeares And so now you see here breifly that the Realm cannot be governed without a King and that the King for that cause is appointed of God and that the King governe by the Law Roy Ley. and cannot governe his people without Law and also you have heard how ancient and how necessary these two Courts are for governance of the People And now for that these Courts are held within Mannors and that a Court-Baron is incident to a Mannor It is fit to know how Mannors did begin and within what Mannors Court-Barons are held and in what not Parkins fol. 127. saith That the beginning of Mannors was when the King gave a thousand Acres of Land or a greater or lesser parcel to one and his heires to hold of him and his heirs and before the St. of Quia emptores terrarum because buyers of Land one seised of Lands did infeoffe one of ten Acres another of twelve Acres and the third of twenty Acres every one of them to make service unto him and so by continuance of time out of minde c. he had a Mannor Also in the 33. yeare of H. 8. Comprize c. 31. Plow fol. 169. a. A man cannot make a Mannor at this day for notwithstanding that a gift in taile be made to diverse to hold of the giver by Services and Suit of Court though by that there be a tenure yet it cannot make a Court for that cannot be but by Prescription And if a Mannor be and all the Freeholders but one Escheate Mannors cannot be without Court Baron or if the Lord purchase them it is no Mannor and there cannot be a Court-Baron without Sutors and not with one Suitor onely 35. H. 8. Tenures 102. 23. H. 8. Court-Baron 22. Suit 17. Fitzherbert 3. C. If one hold of another as of a Signiory Ingrosse which is not a Mannor he hath no Court Baron Fitzherbert 8. b. Where a man giveth all his Land in Taile there is a Signiorie Ingrosse and he shall have no Court but if he were seised of a Mannor and give parcell of the Demesnes in taile it is otherwise 22. H. 6. Title 2. Services is parcell of a Mannor but not the Land of the Mannor unlesse it be Copihold for if a man hath a Mannor in the County of Westmerland and one holdeth Land of that Mannor which Land is in the County of DARBY hee shall demand that Mannor in the Counties of WESTMERLAND and DARBY 18. of the Booke of Assises 3. If a man seised of a Mannor doe alien foure Acres in fee this is separated and no part of the Mannor but if the Husband seised of a Mannor in right of his Wife alien foure Acres for life and afterwards grant the Reversion of that in fee to P. and afterwards P. purchase the whole Mannor to which the Husband and Wife levie a Fine Sur connusance de Droit upon acknowledgment of Right as that which he had of their gift The Fine extendeth to the foure Acres which were severed for they were parcell in reversion as of the Mannor And in the 36. H. 8.4 Two Coparceners make partition of a Mannor so that each of these have a parcell in Demesnes and a parcell in Services Now each of these hath a Mannor and each of these have two Suitors but otherwise it is if one have but one Suitor he cannot hold a Court-Baron But 12. H. 4.25 Partition is made of a Mannor that one Coparcener shall have the Demesnes and the other the Services the Suit to the Court is suspended and during that there shall be no Court-Baron held And 8. H. 3.4 and 34. H. 6.53 It is held that a Court-Baron is belonging to a Mannor of common right so that within every Mannor shall be a Court-Baron unlesse there be no Suitors there or that by partition the Suit is suspended as it is before said But note that diverse are called Mannors within which are not any that hold of these Mannors but only Copiholders at the will of the Lord according to the Custome of the Mannor and there are no Freeholders which hold by Charter and yet these Lordships are called Mannors and in these are Court-Barons 19. H. 8.17 Court-Baron is belonging to a Mannor And now though the honourable Judges of both Benches and the Honourable Lord cheife Baron and the other Judges there of Record at this day are altogether given to administer Justice to all without respect of any Persons R. 2. Maint 2. according to the Statute of the 1. of Edw. 3. Chap. 14. which is that right be made as well to poore as rich and that none send Letters in disturbance of the Common Law so that praise be to God their whole inclination to the administration of Justice may be a sufficient example to all Stewards to administer Justice and not to have regard to Letters Yet in some Court-Barons I have seen such subverting of Justice by Stewards some by
Constable to carry him to the Goale and to cause others of the Town to assist him in so doing Constables were ordained for two intents that is to keepe the Peace and also to apprehend Felons and to take suerty by obligation of such persons that they finde making Affraies Constables may arrest men which go or ride armed between Faires and Markets Rastal Armor 4. and take their Armor as forfeit to the King 2 Ed. 3. C. 3. Constables ought to arrest such which go by night of whom there is Suspition and deliver them to the Sheriff Rastal Robberies 4. there to remain in hold and also all suspected persons either by day or by night are to be delivered to the Sherift as above by 5 Ed. 3. chap. 64. Constables have power to examine Vagabonds Rastal Vag 5. and to compell them to finde suerty for their good behaviour and if they cannot finde suerties to commit them to the next Goale by 1 R. 2. chap. 5. Constables may arrest Servant laborer vagrant unlesse he have a letter containing the cause of his going and the time of his return under the Kings Seale and may set him in the Stocks till he have found suerties to serve by 12 R. 2. chap. 3. Rastall Vag 5. Rastall Arch. 2. Constables have power to commit every one using unlawfull Games and to keep them till the Offendors be bound in an obligation to the use of the King that he shall not use unlawfull Games by 6 H. 8. chap. 2. Constables upon complaint may arrest Boate-men and Water-men which take more then is appointed for them to take and commit them to Ward for their misdemeanor Rastall Pass 8. and to fine for the same by 6 H. 8. chap. 7. Constables have power to commit Beggers to the stocks Rastall Vag 2. Rastall Vag 9. which Offend by 22 H. 9. chap 12. Constables ought to convey Rogues taken within their office to the next Constable that they might be conveyed to Prison upon paine of six shillings eight pence for every offence by 14 Eliz. chap. 5. Also if a Constable do not make search every Moneth for unlawfull keeping of Games and for unlawfull playing if occasion be and present the same he shall forfeit forty shillings The Constable is the keeper of the Peace that is to say The high Constable for the Hundred and the petty Constable in the Town 12 H. 7. f. 38. Constable may arrest one to finde suerty of the Peace and if he will nor obey he may take power to inforce him and one may Justifie that commeth in aide of the Constable to arrest one that makes an assault 3 H. 4. fol. 10. Constable may arrest one which makes an Assault though it be of himself 5 H. 7. fol. 6 Constable was ordained to keep the Peace and may take suerty for the Peace by bond of one if he be found making a Fray 10 Ed. 4. fol. 18. Constable may arrest one which makes a Fray and carry him to the next Goale till he finde suerty for the Peace but not imprison him in his House or put him in the stocks unlesse it be in the night that he cannot carry him to the Goale for any other reasonable cause 22 Ed. 4. f. 35. by Brian Constable may search for suspitious persons and may arrest Night-walkers 2 Ed. 4. f. 9. Constable may search suspitious bawdy houses where Women of ill fame are and may arrest suspected persons which walk in the night and sleep in the day or keep suspitious company and if he be not of power to arrest them he may have aid of his Neighbours by the Law 3 H. 7. fol. 10. that he may have aid 13 H. 7. fol. 10. Title recognisance 14 Brook Constable cannot take a Recognisance to keep the Peace but an obligation 38 H. 8. tit False Imprisonment 6. It is said that one cannot arrest for a Fray after it is done without a Warrant but before it be done or whilest it is a doing he may 5 H. 7. fol. 6. Trespasse of Imprisonment the Defendant saith that he was Constable and for that the Plaintiff made an Assault upon him and broke the Peace he took him and carried him to the Goale to preserve the Peace 21. H. 4. fol. 21. 10 Ed. 4. fol. 20. Stocks are ordained properly to punish Vagrants and Servants for wages see 7 H. 4. chap 17. Britton fol. 17. None shall be put in Irons but those which are taken for Felony or for Trespasse in Parkes or Chases West 2. chap. 39. For resistance where a processe is to be executed that Statute gives aid and opwer of the County against them which make resistance 3 H. 7. fol. 1. It is held there that the Constable may take the power of the County where there is a Fray and specially to take Felons For that it is the Office of a Constable to see that Watch be kept let us see how a Watch may be THe Watch ought to begin at the feast of Ascention and ought to be held till Michaelmasse all the night from the setting of the Sun to the rising and in every City six shall be at every Gate and in every Town they ought to watch twelve men and in every Village six men or four according to the number of the Inhabitants of the Village and if any stranger be arrested in the Watch he shall be kept untill the morning and if they finde suspition in him he shall be delivered to the Sheriffe and if no suspition be in him he shall go free and if any will not obey the Arrest they ought to raise Hue and Cry and for arresting such a stranger none shall be punished 13 Ed. 1. chap. 3. Every one may arrest Night-walkers which go by the way for it is for the common profit Rastall Rob. 2. 4 H. 7. fol. 18. 5 H. 7. fol. 5. the same Entry of Court Leet The view of Frank Pledg Prebend of Islington there held on Thursday the 20. day of October in the year of the the Reign of Queen Elizabeth by the Grace of God of England France and Ireland Defender of the Faith c. the 21. RObert Martin by John a Style Essoyne of Course Essoyne and so the others Essoyned Jurors Sworne for the King John Dee Richardus Ree John Penn William Fenn John Hye Thomas Pye John Myles Thomas Gyles Jurors William Neile John Snell William Riggs Thomas Rich Richard Cooke John Turke Richard Leake John Peak Presentment for the Queen First the Jury aforesaid say upon their Oath That R.S. c. at Islington within the Jurisdiction of this Court as a Felon of the Queen did make a hundred gold Angels and three hundred Groats Pettie Treason falsly and feloniously having not first gotten the Queens Letters Patents against the Peace of our said Lady the Queen and her Crown and Dignity and against the forme of the Statute in this case provided and Published
9 H. 7. fol. 12. Recovery in the common Bench of Lands in the Countries of Lancaster Durham or Chester is there before not a Judge otherwise it is there of recovery of Lands in the five Ports 22 Ed. 3. fol. 30. Formedon in the Kings Bench and an Appeale in the common Bench recovery there in these are void see 7 H. 4. fol. 3. and 8 Booke of Ass 32. Glocester chap. 8. It is provided that the Sheriffs shall plead in Counties the Pleas of trespasse also as they were wont to be pleaded c. 13 H. 7. fol. 20. Waste to plead in that is not good for that that Land shall be recovered and so in an Eiectione firme and so it is in a Collegendum they shall not be sued here and by Fitzh 220. H. Plaintiff shall recover his tearm and dammages Littleton fol. 60. If there be two Tenants in common for years and one put the other out of possession he shall have an Eiectione firme of his half for that it is to recover a real Chattel So it seems that shal not be sued here nor an ejectment of Ward which is in the realty Fitzh 220. H. Processe of outlawrie lies in an Eiectione firme and yet he shall recover his Land again unlesse it be expired and also his dammages Littleton 93. A Writ of wast is a mixt action so is an Assise of novel disseisin and a Quare Impedit and for that they shall not sue here Action upon the Statute of 8 H. 6. nor upon the Statute of R. 2. shall not be sued here for that that they are given by Statute but an action upon the case may be sued here if the dammages are under 40. s. Plaint in Precipe TRespasse in one tenement with a Toft adjoyning containing four Acres of land agreed that this word Tenement is uncertain 3. E. 4. tit 28. 11. H. 7. fol. 25. tenement is no tearm to demand a house or shop 45. Ed. 3. fol. 6. Precipe of land in D. it is a good Plea that there is no such town 41 Ed. 3. fol. 22. Precipe in D. and S. for that that D. is a hamlet of S. and he demands a thing twice the Writ shall abate 8 E. 4. f. 6. Precipe doth not lie in a hamlet but in a town or a place known out of a town but all Actions personall may be brought in hamlet or town or place known Dower Assise and Scire facias to have execution of a fine it may be brought in a hamlet 16. E. 3. Precipe of a peice of land without certainty is not good but of a peice of land containing so much is good see before 11. H. 4. fol. 38. 13. H. 4. Tit. 33. Dower of a Mill though after the witnesse of the Writ it was made a Toft it is good otherwise if it were made a tost before the witnesse of the Writ 14. H. 4. tit demand 5. the same 13. H. 6. fol. 8. Upon two Verges of the Land are built houses and they are meadow and pasture they are now to be demanded as they are not as before when they were verges Fitzh 192. 6. Ed. 2. tit 41. Precipe of passage over a water c. good 27. H. 8. fol. 14. Precipe is not good of a Common but of pasture for two beasts is good 4. Ed. 4. fol. 2. the same 22. Ed. 4. fol. 13. by Jenney A man shall have a Precipe quod reddat of a house and garden but he shall not have a Precipe of a garden alone For that That Plaints shall be made for Copi-hold in nature of Precipe let us see of what and how plaint of Precipe shall be made PRecipe may be of a chamber and yet foundation may perish for that it is not in perpetuity 5. H. 7. fol. 9. contrary H. 6. 11 H. 7. fol. 24. Trespasse may be brought of trespasse in a hamlet and Precipe shall be brought of land in a town and not in hamlet 16 H. 7. fol. 7. Assise doth not lie of a Rectory Seek if an Ejectione firme lyeth of that 9. H. 7. fol. 21. Precipe of lands in D. by Bryan over D. and nether D. is good in abatement 7. H. 4. fol. 9. Wast in D. it is a good plea in abatement that D. is neither town nor hamlet 11. H. 4. fol. 38. Precipe that he should restore a certain portion of land is good by Hank and Hill 6. Ed. 3. tit Demand 41. precipe of 8 foot of land in length and 6 in bredth and good 13. Ed. 3. tit 32. 33. Precipe of an Oxgange of land is good Contrary of an Oxgange of marsh for that cannot be gained tit demand 33. 36. 40 Assis 9. Precipe shall be brought in a town and not in a hamlet 34. H. 9. fol. 1. the same 34. H. 6. fol. 20. Precipe shall be in a town or of a Mannor which is a place known out of a town and not in a Hamlet But an Assise in a Hamlet is good and also in Dower Who hath most Right and Right ought to be sued there LIttleton fol. 91. If a man be disseised by an Infant the which alieneth in fee and the Alienee dies seised and his heir enter the Infant within age he may have a Dum fuit infra aetatem or a Writ of Right or Entry at his election for he hath more right then the heir of the Alienee But if the Disseisee release to the heir of the Alienee if now he bring a Writ of Right the issue shall be upon the meer right and shall be fonnd for the heir for now he hath more right by the release of the disseisee Littleton fol. 93. If a disseisor die seised and his heir in by discent if the disseisee enter and the heir of the disseisor brings an assise he ought to recover But if he brings a Writ of Right the issue shall be upon the meer right and there the heir shall be barred for the disseisee hath more right Right Patent is to be directed to the Lord of whom the land is held unlesse it be held of the King or Queen and it is as a Commission to the Lord that he shall do Right And it may be removed by a Recordare by the Tenant with cause and by a Pone by the demandant without cause and after that it be removed in County it may be removed by the demandant by a Tolt Fitzh fol. B. and Britton fol. 275. where the Tenant puts him upon the grand Assise it shall be removed Fitzh fol. 1. F. Where Judgement final shall be and where not IN a Writ of Right Judgement final shall be given but after the mise joyned and upon every recovery upon departure in despight of the Court Judgement final shall be As in Right against a Prior which voucheth common Cryer which enâ—reth into the Warranty and the demandant Imparles and at the day the Vouchee departs in despight of the Court and upon this Judgement final given
evidence that the House was burnt by the Kings enemies or by Thunder or it was ruinous at the time of the Lease is good And so every thing that is no waste for that proves that the Plaintiffe hath no cause of Action 12 H. 8. fol. 1. and 22 H. 6. fol. 56. In maintenance not guilty evidence that the thing that is done is no maintenance is good Action of extortion against the Sheriffe which pleads that he tooke not and evidence that by prescription hee hath Barr fee of every one which he takes and is good for it is no extortion 21 H. 7. fol. 17. 4 E. 4. fol. 5. Trespasse The Defendant pleads not guilty and gives in evidence that it is the Feeehold of another and good for then the Plaintiff hath no cause of Action 2 H. 6. fol. 26. Debt upon arrearages of account he owes him nothing in manner and forme and evidence that there was no such account is good for hee hath no such cause of Action 2 Mar. and 33 H. 8. tit Action upon the Case and Count upn finding the Goods and converting them to his owne use the Defendant pleads not guilty and gives in evidence that they were not the Goods of the Plainliffe for he hath no cause of Action 5 H. 7. fol. 3. the same 10 H. 7. fol. 24. Cessavit That he held diverse Lands by intire service he did not hold in manner and forme and gives in evidence that he holds by severall services is good for he hath no such cause of Action 27 H. 8. fol. 25. Trespasse of Goods carryed away the Defendant pleads that the property of the Goods was not in the Plaintiffe and that is no plea in Trespasse but in Replegiare And some for that seeme that this is no good evidence in Trespasse upon a Plea of not guilty 9 H. 7. fol. 3. Debt for Rent upon a Lease for yeares that he oweth him nothing and evidence that he did not demise is good Vpon a generall Issue the Defendant by evidence to convey to himselfe interest and title is good evidence TRespasse of Gashaukes taken not guilty and evidence that he had a Lease of a VVood for yeares where they were taken it is good for it is a title 16 E. 4. fol. 2. Trespasse The Defendant pleads his Free-hold and gives in evidence a Fine with Proclamation it is good for it is a Title 27 H. 8. fol. 27. Trespasse not guilty and in evidence a Lease for years is good 12 H. 8. fol. 2. Account of receit by the hands of J. S. the Defendant pleads he was never his Receiver and evidence J. S. gave that to him is good 2 H. 4. fol. 13. Action upon the case of finding Goods and converting them to his use the Defendant pleads not guilty and evidence that they were pawned to him for ten pounds is good 4 E. 6. Br 113. Trespasse not guilty the Defendant may give a Lease for yeares in evidence contrary of a Lease at will for this is determinable at pleasure 25 Hen. 8. Generall Issue 82. Trespasse of Goods taken the Defendant may plead not guilty and evidence that he recovered and had them delivered in Execution and is good 22 Booke of Assises 73. Trespasse not guilty and evidence that the property was to J. S which gave them to him is good 9 H. 6. fol. 11. Assise by a Woman no wrong and evidence that her Husband enfeoffed him is good 45 Book of Ass 8. Defendant upon a generall Issue if by evidence he acknowledges that he did the wrong and justifies it and gives matter which goes to discharge him of the act by Justification this evidence is not good but he ought to have pleaded that TRespasse not guilty and evidence that the property was to J.S. and that he as servant and by his commandement took them it is not good for he acknowledgeth by the evidence that he made the trespasse and justifies that 25 H. 8. Generall Issue 81. Waste No waste made is pleaded and evidence that the Plaintiffe let to him the House and Land by Deed and granted to him by the same Deed that he might cut Trees to repaire that it is no good evidence The same Law in Debt he owes him nothing and evidence that the Plaintiffe hath released that to him The same Law in Trespasse of Battery not guilty and evidence that he did that in defending himselfe it is not good The same Law in maintenance not guilty and evidence lawfull maintenance it is not good for these matters in evidence are justifications which goe in discharge of the party and not by title but by Justification 12 Hen. 8. fol. 1. Trespasse not guilty and evidence that he had a Close adjoyning that the Plaintiffe ought to inclose and for not inclosing they enter it is not good for it is contrary to not guilty and is a Justification 19 H. 8. fol. 6. Trespasse not guilty and evidence that it was the freehold of J. S. and that he licensed him to enter by vertue of which he entred it is not good for it is Justification 4 Ed. 4. fol. 5. Trespasse of Battery not guilty and evidence that it was made in his defence not good 11 H. 4. fol. 63. 25 H. 8. Br tit Generall Issue 81. In Assise or Trespasse if the Defendant pleads no wrong or not guilty he cannot by evidence intitle a stranger and justifie by his commandement So for Common Rent service Rent charge or justifie by license these ought to be pleaded and not given in evidence contrary of a Lease for yeares 34 H. 8. Title Generall Issue 89. Debt upon an Escape out of execution Defendant cannot say that escaped not and give in evidence that he was not arrested for that is in Plea 27 H. 8.21 By Fitzherbart and Shelley in Debt upon the Statute of 21 H. 8. against a Vicar for taking Farmes the Defendant saith that hee neither had nor kept to farme against the forme of the Statute he may give evidence that he took that for maintenance of his House by the Proviso in the Statute notwithstanding â—awdweâ— denyed it 20 H. 6. fol. 24. Debt upon arrearages of account the Defendant saith hee oweth him nothing in manner and forme and gives in evidence that there was no such account and by Newton it is good and yet he might have pleaded no such account 22 H. 6. fol. 56. Debt against Abbat for borrowing he may account generally that the ten pounds borrowed came to the use of the House and give in evidence how as in buying of Bread and Drink Evidence which is contrary to that in Issue or which is not answerable to the matter in Issue is not good NOthing passed by the Deed and evidence that it is not his Deed is not good for it is contrary to the Issue and to that which he acknowledged in his Plea by Implication 5 H. 4. fol. 2. Mortdancester The Tenant saith that he is ready to heare the
not lie against him 21 H. 7. fol. 22. and 11 H. 4. fol. 36. the same by Hank i◠case of the Abbot of Glassenbury Held that the Sheriffe may arrest a verger in the Church or a secular man and shall not be punished by trespasse But by the statute of 1. R. 2. chap. the last see Pulton title Arrests If any arrest any Minister which is doing Divine Service in the Church Churchyard or other place he shall be Imprisoned and punished c. If an Officer distrain or attache the horse of a Master where the plaint is against the servant trespasse lies for the master against the Officer for the Officer ought to take notice at his perill whose goods he distrains or attaches 13 H. 4. fol. 2.14 H. 4.24 11 H. 4.90 Doct. Student 129. Where an Officer arrests another man which is not defendant or attache goods which are not the defendants he is a trespassor if the Plaintiffe shew him the party of goods and saith he is the Defendant or not 11 H. 4. fol. 90. It seems that the Officer shall take notice at his perill whose beasts he repleves 14. H. 4. fol. 24. If the Officer restrain any Prior or other Prelate for debe or trespasse when he is in his journey riding by his horse upon which he rides where he may distrain other goods action upon the case lies against the officer Quare cum c. Fitzh fol. 93. I. Where the Sheriffe hath a Capias he may arrest one without shewing it and so may a Bayliffe erant But the servant of a Sheriffe and of another cannot without shewing the Warrant The same Law is of a Bayliff of the Lord or Beadle which by custome serve Attachements or distresse They having a command may serve it without shewing it But so cannot they do where they have a command to summon Copy-hold Land or a command in nature of Grand cape Petit cape habere facias visum or Habere facias sefinam 14 H. 7. fol. 9. 21 H. 7. fol. 37. 8 Ed. 4. fol. 14. and 10 Ed. 4. fol. 1. If the Sheriffe arrest one by a Capias and after do not return the Writ or return non est inventus false Imprisonment lies against the Sheriffe But in Court Baron no Capias shall be awarded yet if the Officer there serve an Attachment or distresse and do not return his precept at the next Court Trespasse lies against the Officer for the Defendant and an Action of the Case lies against him for the Plaintiffe which sued the Action for not returning of the Precept 10 Ed. 4. fol. 18. 3 H. 7. fol. 3. If the servant of the Sheriffe arrest one by Precept made out of a Capias and return his precept to the Sheriffe and yet the Sheriffe do not return his Capias false Imprisonment lies against the servant But by the 18. of Ed. 4. fol. 9. it appears that it is otherwise where the Baylife of the Liberty arrests one by precept out of a Capias made to him by the Sheriffe and returns his precept and the Sheriffe do not return the Capias there lies false Imprisonment against the Sheriffe and not against the Bayliffe But in Court Baron Bayliffe or Beadle which have a precept of the Steward cannot make precepts out of that to serve 21 H. 7. fol. 22.20 H. 7. fol. 13. One may arrest one in the presence of the Sheriffe which hath a Capias by his Commandment it is his arrest without shewing the precept and Bayliffe or Beadle of a Court Baron may attach or distrain any thing without a precept in the presence of the Steward and by his Commandment 8. Ed. 4. fol. 14. 21. H 7. fol. 22.16 H. 7. fo 14. See there Bayliffe or Beadle of Court Baron distrain or serve Attachment and the Defendant makes rescous and chaseth the thing destrained or attached out of the Mannor and the Officer freshly follow and takes it again and brings it into the Mannor again and may well do it 33. H 6. fol. 52. and 55. and 2 Ed. 4. fol. 6. accordingly If a Sarjeant at mace arrest one and he resists he may beat him and others upon request may aid him 2. Ed. 4. fol. 6. B. and 3. H. 7. fol. 3. By Hank Officer cannot attach J. S. by my goods which he hath to dung his Land or to plough it or which he hath in pawn 11. H. 4. fol. 90. B. 31. H. 8. tit 159. It is said where one hath an Office of charge as to be Steward Bayliffe Parker c. That the grantor may out them and pay their Fee if it be so much certain but not where they have profits of Court c. 34 H. 8. tit 243. the same 28. H. 8. tit 94. Deprivation of an Office which lies in grant ought to be by deed and not by word 5. Ed. 4. fol. 5. Long report the Act of the under Sheriffe or his Deputy in the name of the Sheriffe shall charge the Sheriffe and for their act the Sheriffe himself shall be amerced and no other 39 H. 6. fol. 35. The opinion of the Justices was That escape of a prisoner is not a sufficient cause of forfeiture of the office of the Marshal which hath fee in that and held that the Marshal might grant that to another for life but his assignee cannot make a deputie And the opinion of the Justices that not executing of an office is a sufficient cause of seisure Deputie occupies to the use of the officer and his forfeiture or misdemeanour shall make the Officer to loose his Office but the misdemeanour of the grantee for life not but of his own estate 11 Ed. 4. fol. 1. Duke or Marshal in fee may make a Deputy for his Patent is to be executed by himself or his Deputie The same Law of the Office of Chamberlain of the Exchequer which is also an Office of trust for he keeps the Records of the King so that an Office of trust cannot be granted over If the Patentee hath it not to him and his Assignees he cannot make a Deputy and there agreed that he hath that in his own right and Deputy is not but to occupie in the Right of the Grantee See Perkins fol. 21. E. F. G. 10 Ed. 4. fol 16. 5 Ed. 4. fol. 27. Where an anuity is granted to keep a Park if the Grantee misuse that by which the Deere are killed that is forfeiture of his Office Littleton fol 73. If a man grant by his Deed to another the office of Parkership Steward Bayliffe 〈◊〉 there is annexed to that a condition in Law c. 5 Ed. 4. fol 10. The King grants to Garter the office of the King of Arms at will and 10 li. fee for tearm of his life for that Office If the Grantee be put from the fee the office shall cease for the Cause ceasing the effect shall cease 7 Ed. 4. fol. 23. the same 9 Ed. 4. fol. 5. If the King
a man pleads death of the Defenfendant hanging the Writ he shall not plead that after the last Continuance for that by this the Writ is abated in deed contrary of a Plea which proves the Writ abateable 34. H. 6. fol 49. At the day of Nisi prius the Defendant pleads to the Writ that one of the Plaintiffes was dead after the last continuance at D. in the County of Darby Judgment of the Writ and the Plea recorded and the matter adjourned and had that Plea 14 H. 6. fol 9. 38. Ed 3. fol 5. Precipe by a Woman the Tenant tenders his Law of not summoned and at the day was essoyned and at the day saith that the Demandant took a Husband after the Law tendered and for that that he did not say after the last continuance that is after the essoyn it was held no Plea 4. H. 7. fol 8. A man shall have but one Plea after the last continuance 38. H 6. fol 33. the same 16 Ed 4. fol 5. A man may plead a Plea after the last continuance after Issue joyned and in another Tearm till Verdict but not mean between Nisi prius and the day in Bench. â— H. 7. fol 8. A man shall not have a Plea after the last continuance unlesse such Pleas which were not in being at the time of the first Plea for otherwise it is not after the last continuance Maintenance In so much that Maintenance may be the better avoided let us see what maintenance is forbidden by the Law THat no Clark of a Justice or Sheriffe shall not maintain parties in quarrels nor in businesses which are in the Kings Court West 2. chap 28. That none of the Kings Counsellors nor none of his house nor none of his other servants nor no great ones of the Land by sending of their Letters nor in other manner nor no other of the Realm shall not undertake to maintain quarrels nor parties in the Country in disturbance of the Common Law 1 Ed 3. chap 14. See 20 Ed 3. chap 3. That no Counsellor Officer or Servant nor any other persons shall not uphold or maintain any quarrels by maintenance in the Country nor elsewhere first of R. 2. chap 4. That henceforth none buy or sell or take promise grant or Covenant to have Mannors Lands Tenements or hereditaments But if such person which sells their Heirs or they by whom they claim have been in possession of the same or of the reversion or remainder of that or hath taken Rents or profits of that by the space of one whole year next before that bargain Covenant Grant or promise made upon pain of him that bargains to forfeit the value of the Lands And the Buyer also knowing that to forfeit also the value of the Land the one half to the King the other to him which will sue for the same within one year after the same offence And it is also Enacted that none from henceforth unlawfully maintain or cause or procure any unlawfull maintenance in any action or complaint in any of the Courts of the King of the Chancery Starr-Chamber White-Hall or otherwhere within the Kings Dominions where they have power to hold Plea of Land by Commission Patent or Writ And also that none shall instruct Jurors or subborn Witnesses by Letters Promises or by any other sinister labour or means to maintain any matter or cause or to hinder Justice or to procure or occasion any manner of perjury upon pain of forfeiture for every such offence 10 l. one half to the King and the other to him that will sue for the same within one year after the same offence 32. H. 8. chap 9. If one will say he will maintain and doth it not he shall not be punished for maintenance And Champerty lies where one purchases hanging the Suit 9. H. 7. fol 18. See 3 H. 6. fol 53. It seems it is no maintenance to give money before a Suit begins but hanging the Suit Maintenance the Writ was in Plea which was hanging he maintains and it is good and it seems it is better to say in Plea which was hanging 10. H. 7. f. 27. It seems one may covenant to have part of an Obligation when it is recovered for travelling with an Alien which cannot speak English nor Latine to his Counsell so one may covenant with one indebted to him and deliver him the Obligation of another in satisfaction of his Debt to sue in his name and notwithstanding that he paid Counsell it is no Champerty Every Champerty implies in it Maintenance but not of the contrary and he to whose use and every one that hath lawfull Interest in the Land may maintain 15 H. 7. f. 2.34 H. 6. fol. 33. the same By Fineux If a Servant be arrested for Debt or other thing in London or other Franchise the Master may maintain him and spend of his proper money for losse of his Service Inquire But otherwise it is in Precipe 21 H. 7. fol. 40. B. See 21 H. 6. fol. 19. by Newton By Newton and Paston Servant may pray one skilled in the Law to be of Counsell with his Master but a stranger cannot pray one to be of Counsell with my Adversary for he hath nothing to do 21 H. 6. fol. 19. If a man be at the Barre and another informs the Court that this man can declare the truth and pray that he be sworn and by the commandement of the Court he swears this is Maintenance iustifiable but if he had said for one or the other of his own head this is Maintenance punishable the same Law if he informe a Jury sworn of his own head it is Maintenance punishable 28 H. 6. f. 6. The Master may pray one skilled in the Law to be Counsell with his Servant and this is Maintenance iustifiable but he cannot give of his own proper goods to distribute to men of the Countrey for maintaining his quarrell for then he meddles with a thing forbidden by the Law and by Prisot he may iustifie giving money to Lawyers to be of Counsell with his Servant but not to give money to others not learned in the Law 28. H. 6. fol. 12. By Fortescue Master may pray one learned in Law to be of Counsell with his Servant but not to give to them money unless it be of his Wages and he saith one skilled in the Law may be of Counsell without a Fee Inquire 31. H. 6. f. 2.36 H. 6. fol. 29.3 H. 6. f. 55. Maintenance one may iustifie for that he is his Servant but he cannot give money Maintenance Defendant iustifies that he is a Bail and that he came to the Defendants Attorney and prayed him to be carefull the which is the same Maintetenance by Prisoâ— it is not good to say it is the same maintenance for this is no Maintenance for every stranger may pray the Attorney for it is the part of an Attorny to attend to that and for that it is no Maintenance 32 H. 6. f.
against Executor which pleads that J. S. recovered against them an hundred pounds and had Execution and they have nothing come to their hands besides that the Plaintiff saith the Testator did owe nothing to J. S. and so the Recovery false and feigned 21 Ed. 4. f. 71 Dower the Tenant saith that the Husband was not seised that she could have Dower c. The Plaintif saith that T. the Father of her Husband died seised and that descended to her Husband which died before Entry and so he died seised and in Formedon of Lands recovered in value he ought to conclude and so gave 19 H. 8. fol. 6 Right of Ward and counts that the Ancestor of the Infant died in his Homage the Defendant saith that he held of him in Socage without that that he died in his Homage the Plaintiff saith that J. S. and D. were seised to the use of the Ancestor of the Infant and so the Ancestor died in his Homage 12 H. 7. f. 7 Where the matter before the So is sufficient Barr there the So shall not be entered as in Trespasse or Assise the Tenant justifies and so not guilty 32 H. 6. fol. 16 Where the matter before the So is matter of Barr and sufficient there the matter after the So is not traversable and contrary if not sufficient 5 Ed. 4. fol. 5 Debt upon an Obligation for Bail and is named Sheriff the Defendant ought to plead that and conclude and so not his Deed but not generally it is not his Deed. 19 H. 8. fol. 7 Juris utrum the Tenant saith that his Father was seised and died seised and the aforesaid Plaintiff abated and he recovered and so his Lay Fee and not the frank Gift of the Plaintiff 38 H. 8. fol. 26 Debt upon an Obligation Defendant pleads divers matters and concludes and so not his Deed and this Conclusion hath made this single 3 H. 6. f. 3 Of his own Wrong Where of his own Wrong is good and where not REplegeare the Defendant avowes as Bailiff for that a Prior held of his Mannour by Fealty and Rent the Plaintiff saith of his own wrong without such cause it is no Plea for here he ought to answer the substance which is material that is to say the Lordship 2 H. 5. f. 1 Where one iustifies by a Lease made to him by the Plaintiff of his own wrong is no Plea otherwise it is where heiustifies a Servant of a Lessee 10 H. 4. f. 3. If the Defendant justifie by licence or commandement of the Plaintiff the Plaintiff shall not say of his own wrong without such cause not if parcell be of Record for these ought to be answered specially 12 Ed. 4. fol. 10 Trespasse of Imprisonment the Defendant justifies for that he is Constable and was assaulted by him and broke the Peace the Plaintiff may here say of his own wrong without such cause for that that no Record was alleadged 5 H. 7. f. 6 Trespasse of Battery the Defendant saith of his own Assault the Plaintiff saith of his own wrong without such cause and this is good 5 H. 7. f. 1 Trespasse where one justifies as Servant by command that he arrested the Plaintif or that he came at the request of the Sergeant c. of his own wrong without such cause is no Plea 2 Ed. 4. f. 6 See 9 Ed. 4. f. 31 If the Defendant plead licence or a Lease of the Plaintiff of his own wrong is no plea 20 Ed. 4. f. 4 21 E. 4. f. 76 10 H. 6. f. 3 f 9 the same Where a Sheriff justifies to make Execution of his own wrong is no plea otherwise it is where he justifies as Bailiff by command of the Sheriff 19 H. 6. Trespasse of Battery Defendant saith that the plaintiff beat one W. to death and the Constable came to arrest him and he stood at defiance by which the Defendant came in aid and the hurt which he had was of his own Assault the plaintiff saith of his own wrong without any such cause and good 38 E. 3. f. 9 Trespasse of Grasse out the Defendant justifies as Parson of the Parish and that he took them as Tithes separated from the ninth part the Plaintiff saith of his own wrong without such cause and it seems it is no Plea and then the Plaintiff replied as above without that that they were severed from the ninth part and good 16 E. 4. fol. 4 9 E. 4. f. 27 Trespasse the Defendant justifies the Imprisonment for that that the Plaintiff assaulted J. N. to have robbed him for which he put him in the Stocks of his own wrong c. is good 41 E. 3. f. 29 Trespasse the Defendant justifies for that Attachment was awarded out of the Court Baron to the Bailiff to attach a Horse upon a Plaint entered there by him and that he came in aid of the Bailiff the Plaintiff saith of his own wrong without such cause and this is good 38 E. 3. f. 3 Replegeare of Beasts taken the defendant justifies for Execution of a Recovery in Court Baron of twenty shillings the Plaintiff saith of his own wrong without such cause and held that he shall not have this general Averment against a speciall matter by which he said that the Beasts were not delivered in Execution 14 H. 8. f. 18 False Imprisonment the Defendant iustifies the Arrest of the Plaintiff by a Warrant of a Justice of the Peace where the truth was that when he was arrested he had no Warrant but after had a Warrant directed to him the Plaintiff may say of his own wrong without that that he hath any such Warrant and gives the matter in Evidence 2 E. 4. f. 9 False Imprisonment the Defendant iustifies that he took the Plaintiff wandring in the night for suspition c. The Plaintiff may say of his own wrong without such cause but he cannot say of his own wrong without that that he was wandring for he cannot traverse the speciall matter but where it is a matter of Record or of writing and not where it is a matter in deed 13 R. 2. Tit. 28. Rescous the Defendant iustifies to make Replevin by Warrant of the Sheriff the Plaintiff saith of his own wrong without such cause and it is not allowed against this special matter but of his own wrong without that that he had a Warrant of the Sheriff at the time of the delivering of the Distresse c. 33 H 6. f. 47 Trespasse of Goods taken in the County of Darby the Defendant saith that the Plaintiff fold them to J. S. in the County of Middlesex and he by his commandement took them the Plaintif saith of his own wrong without that that J. S. commanded him in manner and form and is good 22 Book of Ass 57 The Defendant iustifies as under the Escheaâ—or for that Tenant of the King aliened without licence and shews a Commission and the Plaintiff saith of his own wrong without such cause and is
take A. B. if c. Reciting the execution untill these words as it doth appear to us upon record yet because the said C. D. in the same Court before us in the Upper Bench at Westminster did acknowledg that he is satisfied for the debt and damages aforesaid therefore we command you that you for ever supersede from taking attaching Imprisoning or him the said A. B. for that cause any waies molesting And if you have taken him the said A. B. for that cause and no other then without delay upon your perill you cause him to be delivered from the Prison where he is so detained if for that cause and no other he is detained Witnes c. Subpena THe Keeper c. to J. B. and C. D. Greeting we command you and both of you notwithstanding all and every busines and excuses whatsoever that you be in your proper persons before Henry Roll Cheif Justice assigned to hold Pleas in the Upper Bench at Westminster on Friday the 29th day of November at Guild-Hald London there to testify all and every those things according to your and both of your knowledg and notice which you or either of you have known in a certain action now depending in the Upper Bench at Westminster undetermined between E. F. Plaintiffe and H. J. Defendant in a Plea of trespas and ejectment to be tried between the said Parties by a Jurat of the Country And this in no wise you omit neither either of you omit upon the penalty of either of you of a hundred pound Witnes c. Subpena to testifie before the Sheriffs of London THe Keeper c. as above untill these words proper persons before the Sheriffes of London the 15th day of May about one a clock in the afternoon of the same day at Guild-Hall London to testifie c. as above untill the day and place aforesaid to be inquired of before the said Sheriffes by the Oath of twelve honest and lawfull men of the City of London aforesaid Witnes c. Venire facias THe Keeper c. to the Sheriffe of London Greeting We command you that you cause to come before Us in the Upper Bench at Westminster on Wednesday c. twelve free and lawfull men of the visne of the Parish of Blessed Mary of Bowe in the Ward of Cheap London every one of which hath foure pounds of Lands Tenements or Rents by the yeer at the least by whom the truth of the matter may better be known And which neither the said A. B. Plaintiffe nor C. D. to happen into any affinity to make a certain Jurat between the parties aforesaid of a Plea of Debt because as well the said C. D. as the said A. B. between whom therof there is contention have put themselves into that Jurat And then you have there the names of the Jurors And this Writ Witnes c. Venire facias with a Proviso THe Keeper c. as above untill these words have put themselves in that Jurat Alwayes provided that if two Writs shall therby come to you you onely execute and return one of them And then you have there the names of the Jurors And this Writ Witnes c. Also the Distringas Jur. may be made with a proviso Distringas Jur. THe Keepers of c. to the Sheriffes of London Greeting We command you that you distrain A. B. c. naming the 24. Jurors Jurors summoned before Us in the Upper Bench at Westminster between A. B. Plaintiffe and C. D. by all their Lands and Chattels in your Bayliwick so that neither they nor any by them put hands to those thing untill you have thereof another Precept from us And that of the issues thereof you answer to us so that you have their Bodies before us in the Upper Bench at Westminster on Wednesday next after five weeks of Easter or before our faithfull and well beloved Henry Roll Cheif Justice assigned to hold Pleas in the Court before Us in the Vpper Bench at Westminster if first he come on Tueâ—day the â—1 day of May at Guild-Hall London by the form of the Statute in such case lately made and provided to make a certain Jurat between the said parties in a Plea of Debt And to hear their Judgement of many defaults And then you have here the names of the Jurors And this Writ Witnes c. Distring 〈…〉 the Issue at the Bar. THe Keeper c. as above untill these words so that you have their Bodies before Us in the Upper Bench at Westminster on c. next after c. to make a certain Jurat between the said parties in a Plea of Trespas and Eâ—ectment And thereby to hear their Judgement c. And you have c. as above Distring 〈…〉 THe Keeper c. Greeting We command you that you distrain A. B. Esquire lately Sheriffe of your County by all his Lands and Chattels so that neither he nor any by him put hands to those things untill you have thereof another Precept from us And that of the Issues thereof you answer to us so that you have the Body of C. D. by him taken and in our prison under his custody detained as he himself by his Return to us in the Court before Us in the Upper Bench at Westminster formerly thereunto by him sent hath charged himself before us in the Upper Bench at Westm on c. next after c. to answer E. F. in a Plea of Trespas And then you have here this Writ Witnes c. Writ of Inquiry THe Keepers c. Greeting Whereas A B. lately in the Court before us in the Upper Bench at Westminster by a Bili without our Writ and by judgment of the said Court had impleaded C. D. of E. in the County of F. Yeoman for that that is to say that whereaâ— one J. H. the 19th day of April in the year of our Lord one thousand six hundred and fifty at L. in the County aforesaid had demised granted and to farm let c. And so recite the Declarat ' And thereupon then produced the Suit c. Such like processe thereupon is taken before us in the same Court that the said A. B. ought to recover his damages against the said C. D. by reason of the premises but because now it is unknown what damage the said A. B. in that behalf sustained Therefore we command you that by the Oath of honest and lawfull men of your Bayliwick you diligently enquire what damages the said A. B. aswell by reason of the premises as for his costs and charges by him about that Suit in that behalf disbursed And the inquisition which you shall thereby take you make manifest before us in the Upper Bench at Westminster on c. under your Seal and the Seals of them by the Oath of whom you take thaâ— inquisition together with this Writ Witnes c. Exigent THe Keeper c. To the Sheriffes of London Greeting we command
of his own wrong the Plaintiff shall say and where not 436 Where the Defendant conveys from the Plaintiff or pleads special matter this shall be answered and of his own wrong c. it is no plea 437 Where the Defendant justifies as Constable Sheriff or by warrant of the Sheriff or by the Kings Patent of his own Wrong is no plea. 430 Where as Servant or Bailiff of the Sheriff by his commandement in aiding a Constable or Bailiff of his own wrong is good 439 Pleas after View See what Pleas he shall have 426 He may plead ancient Demesne matter apparent Joint-tenancy and non-tenure 420 Farmedon that be doth not omit any degrees nor no such Town nor to the Jurisdiction 421 Of what Precipe and Plaint in this nature 149 Presidents c. 467 Prescription Who may prescribe and who not 204. Town Inhabitants and Officers 205. Of Rena and of another thing without Deed 207 Presentment What traversable and what not 84. Prerogative of the King What the King shall have without Office found and what not 221. Where part in cheife of the King the Seigniory of another suspended but to the distresse 261. Pound open Pounds and for dead Chattels 71 VVhat is open and what other and where cattell dye in pound 71 Distress taken unlawfully and pound unlocked 284. VVho shall have Parco fracto and poundage for intire distresse 4 d. 285. Proclamation VVhere there shall be three and where but one 11. Process In Court-Baron 152 Grand Cape in Dower and Precipe of that 505. Between Petty Cape and the Petty Cape 505 Precept of summons in a Plea of Land 506. Precept of Summons in Assise of Mordancester 506 Habere facias sesinam upon a recovery by default 506. Attachment and form of that 155. Process of Execution 283 Recoveries IN Court-Baron in ature of a Right Patent Common recovery in Entry in the Post 497. Replication Where the Barr is vicious is made good by replication and where not and Jeofailes 474. Rescous It cannot be brought if the Lord distrain within his Fee and not out but if one distrain doing Dammages or not where out of his Fee he may 72 Releif Shall be paid at full age if he were not in ward and for Socage forthwith if he passe fourteen yeares 286. Part of the King yet the other Lord shall not loose Releife and two releifs by one and Tenant dies before notice 286 Where he is in by discent he shall pay and where by purchase and Fee farm not 287. where Devise and where a hundred shillings and a hundred Marks and grand serieanty 288. Corporation shall not pay that unlesse by prescription 290. Resiants And Suitors to a Leet Who are 65. Ryots Routs unlawfull assemblies and forcible entries 36. and 37. Roy. Ordained of God for Government The King is alwaies of full age 2. To disobey the King or Law is iniquity 5. and 6. He is the Lord of narrow Seas 45. He ought to scowre the Sea of Pyrats 45. He ought to defend Banks and Sewers of the Sea 46. Roigne The wife of the King differs from another marryed wife 2. Assurance of her power 39. Steward ANd his Authority in Leet and that he is a Judge of Record 81 82 He may amerce any of his own head without cause 154 Seisin Of what thing it sufficeth to have Ward Ass Advow and what not 287 Serement or Oath of Officers Of the Reve Bailiff and Heyward c. 91 Desiners Affirors Aletasters and Constables 92 Several Tenancy In what Action it may be pleaded and where he ought to maintain his Writ without that c. 476 Servant See before Husband and Wife 364 Statutes How it shall be expounded and taken by intendment Suit of Court Suit by Charter or Prescription 291 Coparceners and Joint-tenants 291 Suit by Coparceners of the King 292 By Attorney and not by Tenant in Dower 293 Tenant in Fee Lease for years upon condition if he disturbe he shall have Fee 296 Where the Fee in expectancy and where executed 298 See 149. b. and by devise 298 Where the Remainder is upon limitation and upon condition 298 Tenant in Tail What is an Estate Tail and what not 301 Lease by tenant in taile 302. Taile and forfeiture by attainder 303. Tenant in taile reversion in the King and rec Fine with Proclamation 355. He charged where he is bound in a Statute or Recognisance and dyeth 355. What is discontinuance of it and what not 355. What recovery the Issue in taile may falsifie and what not 307. Where a double Voucher and where a single is to barr 308 What debt due to the King shall binde the Issue in taile 308. Recovery against tenant in taile where the reversion is in the King the Issue is not bound by 34 H. 8. 308 Tenant in Frank-marriage After marriage as before 310. With a woman that is not cozen it is no Frank-marriage 310 After they are divorced the woman shall have all and where in Tail a Free-hold 310 Tenant after possibility of Issue extinct Shall not have aid nor waste and waste doth not lie against him 312 Is not compellable to attorn and if he alien he in Reversion may enter 312 Tenant by the curtesie VVhere he hath Issue a Daughter that shall not inherit yet he shall be and where a woman hath possession in Deed and where not 312. 313. A woman attaint the Husband shall be where he is born alive and doth not cry he shall be 313 Tenant in Dower See before Dower 314. Tenant for life VVhat is an Estate for life and what not 320. Tenant for years VVhere the Husband lets dies and where a Parson Prebendary or Tenant in Dower and dies 320. 321. VVhere Tenant is and dies without Issue and where Barr 321. Lease for life and forthwith another for years Bishop only and where he and the Chapter 323. He grants so much as shall be behinde the time of his death not good 303 Tenant at will He lets for years this is a Disseisin 324 Release to him is good he need not attorn Lessor dyes 324 Makes waste it seems action upon the case lies 324 He shall House-boot and debt lieth for his Rent 325 Tenant at sufferance VVho is and what Acts he may do and what not 325. Tenures In cheife is meerly of the King as of his Crown 406. Of the King as of an Honour Castle Mannor are not in cheife 406. To be held of the Dutchy of Corn waile Castle of Dover of the Honour of Barkhamstead are Tenures in cheife 409. Of the King in Burgage is Socage 407 To hold of us by Fealty and two pence is Socage in cheife 409. But where it is of us of the Mannor of E. by Fealty and 2d it is not Socage in cheife 409. Grand serianty and petty serianty 409. Rent held of the King 409. Of what Tenure the King shall have the first Seisin 409 Advowson Fishing Mesnalty lies in Tenure 411 VVhere