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A85670 Bouleutērion, or A practical demonstration of county judicatures. Wherein is amply explained the judiciall and ministeriall authority of sheriffs. Together with the original, jurisdiction, and method of keeping all countrey courts. / By Will: Greenwood, philomath. Greenwood, Will. William. 1659 (1659) Wing G1870; Thomason E1789_1; ESTC R209680 323,562 484

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and in such Writs by the said Statute this clause shall be hereafter put Et electionem tuam in pleno Comitatu tuo factam distincte aperte sub sigillo tuo sigillis eorum qui electioni illi interfuerunt nos in Cancellaria nostra ad diem locum brevi contentum certifices indilate Such persons as are eligible shall be resiant in the County for which they are chosen the day of the date of the Writ of summons and likewise those that chose them Also Citizens and Burgesses shall be resiant in and free of the Cities and Boroughs for which they are chosen One under the age of one and twenty years is not elegible neither can any alien be elected of the Parliament untill he be naturallized by Parliament after which he is eligible to this or any other place of judicature None of the Judges of the Upper Bench or Common Pleas or Barons of the Exchequer that have judicial places can be chosen Knight Citizen or Burgesse of Parliament because they are assistants in the House of Lords As for the present times I make a quaere of this A man attaint of Treason felony c. is elegible for touching the election of two Knights the words of the Writ are Duos milites gladiis cinctos magis idoneos discretos elegi fac And for election of Citizens and Burgesses the words of the Writ are Duos c. discretioribus magis safficientibus which they cannot be said to be when they are attainted of Treason or felony c. Any of the profession of the Common Law and who are in practice of the same are elegible By the Humble Petition and advice those are disabled to be elected who have advised assisted or abetted the Rebellion of Ireland ad those who do or shall prosesse the Popish Religion and likewise all those who have aided abetted advised or assisted in any war against the Parliament since the first day of Ianuary 1641. unlesse he or they have since born arms for the Parliament or his Highnesse or otherwise given signal testimony of their good affection to the Common-wealth and so continued and such as have been actually ingaged in any plot conspiracy or designe against the person of his Highness or in any insurrection or rebellion in England or Wales since the 16. day of December 1653. are disabled and made uncapable to be elected The punishment of Sheriffs for their negligence in returning of Writs or for leaving out of their returns any City or Borough which ought to send Citizens and Burgesses vide 5 R 2 Stat 2. cap. 4. Also if one be duly elected Knight or Burgesse and the Sheriff return another the return must be reformed and amended by the Sheriff and he that is duly elected must be inserted for the election in these cases is the radix or foundation and not the return Rot Parl 5 H 4. num 38. Co Iust 4. fol 49. By the Stat of 16 Car. Every County City Cinque port and Borough that shall not make election of their Knights and Citizens Barons and Burgesses respectively shall incur the penalties following that is to say every County the summ of one thousand pounds and every City which is no County 200 l. and every Cinque port and Borough the sum of 100 l. Except the Free-holders of any County and Inhabitants or other persons having or claiming power to make election of any Knights Citizens Barons or Burgesses shall proceed to making of elections of them which elections shall afterwards fall out to be adjudged or declared void in Law by the Parliament by reason of equality of voices or misdemeanor of any person whatsoever then the said County City c. shall not incur the penalties aforesaid so as an election de facto be made But who shall be Electors and who shall be elected and the time place and manner of elections and therein the duty of the Sheriff you may read more ample in the positive lawes of 7 H. 4. cap. 15. 11 H. 4. cap. 1. 1 H. 5. cap. 1. 8 H. 6. cap. 7. 10 H. 6. cap. 2. 23 H. 6. cap. 15. 6. H. 6. c. 4. c. which need not here be particularly rehearsed Of the Office of Vnder-Sheriff THe Under-Sheriffe in effect is but the Sheriffs Deputy and acts whatsoever is to be acted by the High-Sheriff except some particulars which are to be done by the Sheriffe himselfe as you shall finde in severall places of this Tract and therefore according to the nature of a Deputation must be removeable as an Attorney is and though the Sheriff should make him irrevocable yet may he revoke him for there is neither Common Law nor Statute Law that makes him immoveable He is but in the nature of a general Balliffe errant to the Sheriff and the whole County as other Bailiffs are over a particular Hundred The Sheriffe constituting an Under-Sheriffe doth implicitly give him power to execute all the ordinary Offices of the Sheriff himselfe that may be transferred by the Law As serving of Processe and Executions c. But he cannot deal in a Writ of Redisseisin because in that the Sheriffe is Judge nor in the case of a Writ of Wast where the Sheriffe himselfe in propria persona is commanded to go to the place wasted c. The Sheriffe ought to be very cautious in taking good and sufficient security of the Under-Sheriffe to discharge protect and save him harmlesse of Escapes upon arrests made by himselfe for since that he transfers his authority unto him it is reason that he take security of him to perform all things justly and honestly to himselfe and others not acting or intending any thing against law See more in the Articles betwixt the High-Sheriffe and Under-Sheriff amongst the Presidents The Sheriffs Fees Upon an arrest TO the Sheriff 00 01 08 To the Bailff who makes the Arrest or Attachment 00 00 04 To the Goaler if the person be committed to prison 00 00 04 For the Obligation for appearance if the prisoner be bailed 00 00 04 For making the Warrant upon the Writ for every name 00 00 04 For the Copy of a Pannel 00 00 04 For returning of a Pannel though it seems to be extortion by Lamb. fol. 4. 15. and Cromp. fol. 205. b. they use to take 00 02 00 For the return of every Cepi corpus 00 00 04 For the return of a Nihil or Non est inventus 00 00 04 For making Proclamation at the Church door upon an Extent c. 00 01 00 For the Return of a Proclamation 00 01 00 For the return of every Venire facias Tales Habeas corpora and Distringas 00 02 04 For every name returned outlawed 00 00 04 For making a Precept upon a Writ to a speciall Bailiff for every name 00 02 00 For the arrest of every Desendant from the Plaintiff 00 01 00 For the
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
A. of T. in his life time and to the said E. A. of H. in his life time after the death of the said E. A. of T. or to the said E. after the death of the said E. A. of H. while she was sole to whom the Administration of all the Goods and Chattels which were of the said E. A. of H. at the time of his death during the minority of the said E. A. the younger Executor of the Testament of the said E. A. of H. which said E. A. the younger is yet within the age namely of 14 years and no more by the Keepers of the Liberty of England c. the tenth day of May 1651. at Y. aforesaid after the death of the said E. A. of H. was commited or to the sayd VV. T. and E. after the marriage betwixt them celebrated have not rendred but the same to them to render have denyed And the said M. C. the same to the said VV. T. and E. yet to render doth deny and unjustly detayne Whereupon they say that they are made worse and have damage to the value of thirty pounds and hereof they bring their suit c. And they bring here into the Court aswell the Writing aforesaid which testifieth the debt in manner aforesaid the date whereof is the aforesaid 14th day of Ianuary 1649. aforesaid as the Letters testamentary of the said E. A. of T. by which it doth sufficeently appeare to the Court here the said E. A. of H. to have beene Executor of the Testament of the said E. A. of T. And thereof to have had Administration c. As also the Letters testamentary of the said E. A. of H. By which it doth sufficiently appeare to the Court here the said E. A. the younger to be Executor of the Testament of the sayd E. A. of H. And also the Letters of Administration of the sayd Keepers which testifieth the committing of the Administration aforesaid to the said E. in form aforesaid c. For not delivering of a Pawn upon tender of the money borrowed A. S. by Writ c. complains against E. P. of a Plea whereas the said A. the first day of May c. at c. borrowed of the said E. P. 12 l. of c. and then and there did pawn and in the name of a pledge gave and delivered to the said E. P. divers goods and chattels of the said A. S. to the value of 172 l. of lawfull c. for security to the aforesaid E. P. for the repayment of the aforesaid 12 l. together with interest for deferring and giving day of payment of the said 12 l. according to the rate of 6 l. in the hundred by sum until the aforesaid A. S. the aforesaid 12 l. to the aforesaid E. P. should repay And the aforesaid E. P. then and there that is to say the first day of May the year c. aforesaid at c. in consideration of the premisses upon him did assume and to the said A. S. then and there faithfully promised that he the aforesaid E. P. the goods and chattels aforesaid to him by the aforesaid A. S. formerly pawned and delivered to the said E. P. upon the payment of the aforesaid 12 l. together with interest for the said 12 l. according to the rate aforesaid to him to be made he would well and faithfully redeliver and restore although the said A. S. afterward that is to say the 16. day of S. the year c. and often after at c. the aforesaid 12 l. together with the interest for the said 12 l. according to the rate of 6 l. in the hundred by the whole to the aforesaid E. P. fully to pay and satisfie offered Notwithstanding the aforesaid E. P. his promise and assumption aforesaid little regarding but shifting and fraudulently intending the said A. S. in that part craftily and subtilly to deceive and defraud the aforesaid the aforesaid 12 l. together with the interest for the same 12 l. according to the rate aforesaid of the aforesaid A. S. to receive and the goods and chattels aforesaid to the A. S. to redeliver altogether hath refused and as yet doth refuse to the great damage of the said A. S. c. Against a Carrier for losse of goods delivered to him G. B. Esquire by vertue c. complains of P. M. upon an action of trespass upon the Case for that whereas the aforesaid P. M. such a day and year at c. and long before and always after hitherto was and yet is a Common Carrier from the City of Y. in the County of the same City unto the Town of S. in the said County and from the said Town of S. unto the said City of Y. And the same P. M. the same day and year and long before and continually after hitherto was used and accustomed by himself and his servants upon the horses of him the said P. M. to carry goods and chattels for any manner of persons for a reasonable and a lawfull stipend and sallary in that behalfe therefore to be paid to be carried to and from between the aforesaid Town of S. and City of Y. according to an usual agreement and payment in that behalf to be made and had and whereas also accordding to the Law and Custom of this Commonwealth of England all such like common Carriers who do receive goods and chattels of any manner of persons so to be carried for a reasonable or lawfull stipend or sallary therefore to be given or paid are bound to keep and carry the same goods and chattels of such like persons so received without spoiling with-holding or losing of them so that for or by the default of such Common Carrier no damage should in any manner happen to such persons by carrying of their Carriages And whereas the aforesaid P. M. the aforesaid such a day and year at S aforesaid in the County aforesaid had taken upon him to carry one Trunk fast locked with divers moneys goods and chattels of him the said G. B. to the value of 10 l. in the same Trunk then being sasely and carefully from the aforesaid City of Y. to and unto the said Town of S. and for a certain and usuall stipend sallary and rate for carrying of the said Trunk moneys goods and chattels aforesaid by the aforesaid G. afterwards to wit such a day and year aforesaid at the City of Y. aforesaid received of him the said G. B. the Trunk aforesaid with the moneyes goods and chattels aforesaid in the same chest then as aforesaid being locked in form aforesaid to be carried the aforesaid P. M. the Trunk aforesaid with the moneys goods and chattels aforesaid of him the said G B. afterwards to wit such a day year and place did so negligently and improvidently keep and carry that divers moneyes goods and chattels of him the said G. B. in the said Trunk as aforesaid before that being locked that is to say 5 l. in
because he is conservator of the peace but now it seems the power is transferred to the Justices of the Peace onely See the Stat. 1 R. 3. c. 3. 3 H. 7. 3. If a prisoner bailable tender sufficient sureties to the Sheriff and he refuseth he shall be amerced to the Protector and Informer 40 l. and shall lose treble damages to the party grieved If a person be arrested by vertue of any Writ or precept in any Action personall upon tender of reasonable sureties to appear at the day and place as the said Writs Bills or Preceps shall require he shall be bailed 23 H. 6. cap. 10. Fitz. 251. b. And the person is not obliged to go to the Sherif if he offer sufficient baile to the Baylif Persons apprehended for any manner of Treason or Felony shall not be bailed Westm 1. Cap. It is the constant course of the Upper Bench that the Bail is never chargeable till there is default assigned in the principall upon the return of a Capias ad satisfac And if the principall render his body though the Plaintiff refuse to take it yet that is a discharge of the baile Winch Rep. fo 62. It is not repugnant to our present subject to transcribe the new Rules concerning speciall Bayle viz. 1. That if the Defendant appeare upon the Summons Attachment or Distresse or by Supersedeas quia improvide or doth truly render himselfe upon the Exigent no baile is requirable 2 That in all causes of removeall be it by Habeas Corpus Priviledges or Certiorari speciall bail ought to be given 3 That in causes where the Defendant comes in by Cepi corpus be it Debt Detinue Trespasse for goods Action upon the Case except slander if the debt or damages amount to 20 l. special baile is to be given except it be against an Heire Executor or Administrator 4 That in Covenant because the damages are uncertain till Declaration bail at discretion 5 That in Battery Conspiracy false imprisonment no speciall baile of course without special motion and order 6 That in slander no speciall baile except in slander of title wherein to be left to the discretion of the Judges 7 That in priviledge other then for sees and disbursments as an Attorney in this Court baile at discretion of the Court. In such case wherein a suite by a common person especiall baile is not requisite 8 That if baile be given upon reversall of an Outlawrie or removall by Habeas Corpus the Originall to be shewne upon tendring of the Declaration otherwise the baile not liable unlesse the party or his Attorney will voluntarily appeare or take a Declaration without shewing of it 9 That in case of a removall out of an inferiour Court or reversall the new Originall to agree in the nature of the Action the summe in demand and the County otherwise the baile not lyable but if the partie will voluntarily appeare to such varying originall to be good as to the partie but if upon a cause removed by Habeas Corpus out of the Courts of Canterbury Southampton Hull Litchfield or Poole which are Counties where the Judges of Nisi prius seldome come if the Action be transitory it must be laid in the County of Kent Southampton Yorke Stafford or Dorcet where the Towne and County lieth and the Recognizance to be taken accordingly 10 That the Principall rendring himselfe at any time after bayle put in and before or upon the day of appearnce of the scire fac returned scire feci or of the second scire facias returned Nihil or in case there shall be an Action of Debt brought upon the Recognizance against the Bayle then if the Principall shall render himselfe upon or before the processe returned or served no further proceeding to be against the Bayle Of the Election of Parliament men how and when they are to be elected c. THe manner of electing Knights of the Shire is as followeth viz. At the next County Court after the delivery of the Writ Proclamation is to be made in full County of the day and place of the Parliament and that all there present as well Suitors summoned as others shall attend to the election of the Knights and then in full County a free and indifferent election shall be made notwithstanding any request or mandate to the contrary And note that no Election can be made by any Knight of the Shire but between the hours of 8 and 11. in the fore-noon but if the election be begun within the time and cannot be determined within those hours the election may be made after And if any election or voyces be given before the Precept be read and published are void and not effectual Likewise he ought immediately after the receipt of the Writ of his Highness for the summoning of the Parliament to make his Precepts under the seal of his Office to every Major and Bailiff of Cities and Boroughs within his County commanding them thereby to choose Citizens and Burgesses to come to the Parliament And those Majors and Bayliffs must make a legal return of that Precept to the Sheriff of their election and their names that are elected The Sheriff setting his hand and seal of Office to one part of the Indentures delivering it to the Major Citizens or Burgesses to be kept the Major Citizens or Burgesses setting their hands and seals to the other part delivering it as their Deeds to the Sheriff to be certified and returned by him with the writ of summons to the Clerk of the Crown whose see is 4 s for every Indenture 23 H. 6. cap 15. Crompton 208. P. Parl. 5. Note that after the Precept of the Sheriff directed to the City or Borough for making of election there ought Secundum legem consuetudinem Parliamenti to be given a convenient time for the day of election and sufficient warning given to the Citizens or Burgesses that have voices that they may be present otherwise the election is not good At the election if the party elected or the Freeholders demand the poll the Sheriff cannot deny the scrutiny for he cannot discern who be Freeholders by the view and though the party would wave the poll yet the Sheriff must proceed in the scrutiny And by the Stat. of 8 H. 6. c. 7. 10 H. 6. c. 2. The election of Knights of the Shire shall be made by the more voices of the people dwelling in the Counties having each of them lands or tenements of the yearly value of 40 s. besides reprises and the Sheriff hath power to examine upon oath the choosers how much they may expend by the year After such election the names of the parties so elected be they present or absent shall be written in an Indenture under the seals of all those that did choose them which Indenture so sealed and taken to the said writ shall be the Sheriffs return thereof touching the Knights of the Shires
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