of all and every person or persons that shall be arrested or apprehended by vertue of any such Processe Writ or Warrant during the time that the said A. B. shall continue Sheriffe of the said County of Y. And also if the said C. D. E. F. and H. I. their heires executors and administrators and every of them shall save harmlesse and indempnified the said A. B. and his heirs and assignes and his and their lands goods and chattels of for or concerning all such accompt and accompts as the said A. B. is or shall be charged withall as Sheriff of the said County of Y. to his highnesse the Lord Protector his heires or successors in any of his Highnesses Courts and of all summs of money which shall be levyed or received by the said C. D. as under Sheriffe of the said A. B. or any Bayliffe or other person by the direction or assent of the said C. D. to the use of His Highnesse the LORD PROTECTOR his Heires or Successors That then c. But they are commonly made as all other Bonds are for the performance of Covenants in this manner THE CONDITION c. That if the above bounden C. D. do well and truly observe performe fulfill and keep all and singular Covenants Grants Articles payments promises and agreements which on the part and behalf of the said C. D. his heirs executors c. or any of them as are to be observed performed sulfilled or kept contained written declared or specified in one pair of Indentures bearing date c. made between the said C. D. of the one party and the within named A. B. of the other party according to the tenure purport true intent and meaning of the said Indentures That then c. An Indenture for the setting over of Prisoners and Writs between two Sheriffs THIS INDENTURE made the tenth day of December in the year c. Between A. B. Esquire late Sheriffe of the County of York of the one part and C. D. Esquire now Sheriffe of the said County on the other part WITNESSETH That the said A. B. by vertue of his Highnesses Writ of discharge of his late office to him directed hath delivered and set over unto the said C. D. these Writs following That is to say a Capias against L. M. returnable in 8 dayes of S. Hillary at the suit of N. O. c. Together with the bodyes of E. F. in execution at the suit of I. H. for a debt of an hundred pounds and G. R. at the suit of R. S. in execution for forty pounds and W. P. in execution as well at the suit of S. I. for a debt of ten pounds as also at the suit of T. W. for a debt of thirty pounds c. In witnesse whereof c. An Indenture for the Knights of the Parliament THIS INDENTURE made in the full County of York held at the Castle of York in the said County on Monday the three and twentieth day of October in the year c. Between A. B. Esquire Sheriff of the said County of the one part and C. D. Esquire E. F. Esquire G. H. Esquire c. and many other persons to the said County and Electors of two Knights of the Parliament in the Writ to this Indenture annexed specified of the other part who as the greater part of the whole County aforesaid then there being sworn and examined according to the force form and effect of divers Statutes thereupon set forth and provided chose R. S. and T. W. Knights within the said County Commorant Knights able most fit and discreet giving and granting to the two aforesaid Knights full and sufficient power for themselves and the whole County aforesaid to do and consent to those things which at the Parliament in the said Writ contained by the Common-Counsell c. shall happen to be ordained in businesses in the said Writ specified In testimony whereof the one part of the Indenture remaineth with his Highnesse the Lord Protector of the Common-wealth of England Scotland and Ireland and the dominions and territories thereunto belonging the parties abovesaid have put their seals to the other part of the same Indenture the Sheriff aforesaid hath put his seal Dated the day yeare and place abovesaid c. An Indenture upon choosing of a Burgesse to serve in Parliament THIS INDENTURE c. Between A. B. Esquire High-Sheriff of the County of Y. of the one part and C. D. and E. F. c. Burgesses and Borough men of the Borough and Town of S. c. of the other part Witnesseth That the said Burgesses and Borough men according to the Proclamation made by the said Sheriff for the election of Burgesses in every Borough or Towne within the said County have the day of the date hereof at S. aforesaid elected named and appointed C. D. and E. F. Esquires Burgesses of the said Town of S. and they to give their attendance advise and counsel at the high Court of Parliament to be holden at Westminster the two and twentieth day of August next ensuing the date of these presents In witnesse whereof the said Burgesses and Borough-men to these present Indentures have put their seales and subscribed their names the c. A Condition for the executing of a Goalership THE CONDITION c. That if the within bounden C. D. his Executors and Assigns do well and truly execute and use the office of Goalership at the Castle of York for the said County and also do well surely and safely keep all and every such person and persons now being in the prison of the Common-wealth of England in the said County of Y. or that hereafter shall be committed to the said Goale or to the said C. D. and further that if the said C. D. his Executors or Assignes at his or their proper costs and charges do safely carry bring and re-carry all persons in the said Goale now being or that at any time hereafter shall be prisoners there to any such place or places as the said Sheriffe or his assignes shall appoint or name within the said County of Y. and furthermore be truly diligent and attending aiding and assisting the said Sheriffe and his Under-Sheriffe and Deputies at all and every time and times when any execution shall be done within the said County to and upon any person or persons attainted or to be attainted for treason selony murther or heresie or otherwise or for any other cause unto the end of the execution And further if the said C. D. his Executors and Assignes do discharge and save harmlesse the said Sheriffe his Heires Executors Administrators and Assignes against His Highnesse and the Common-wealth of England and against all and every other person and persons and from all manner of escapes damages and losses fines issues and amerciaments which by the negligence or otherwise of the said C. D. his Executors or Assignes that the said Sheriffe shall or may in any wise be charged or incumbred with
D. did Essoin because he could not come until the next County Court to be holden at the Castle aforesaid at which said next Court viz. on Monday the 10 day of October then next following in the year abovesaid came the aforesaid A. B. by his Attorney aforesaid and offered himself against the said C. D. in the plaint aforesaid and the said C. D. then and there came in his proper person to answer the aforesaid A. B. in the plaint aforesaid and put in his place I. R. his Attorney against the said A. B. in the plaint aforesaid and by his said Attorney desired of the said Court that the said A. B. should declare against him upon his said plaint and thereupon the said A. B. by his Attorney aforesaid declared against the said C. D. upon the plaint aforesaid in manner and form following A. B. By vertue of a writ of Iusticies by S. D. his Attorney complains of C. D. of an action of trespasse and assault for that the said C. D. the 10. day of October in the year c. at the Castle c. in and upon the aforesaid A. B. did make an assault and affray and him did beat wound and evil intreat so that he did despair of his life and other harms did do unto him to the great damage of the said A. B. wherefore the said A. B. saith he is damnified to the value of 20 l. and thereupon brings this action c. Whereupon at the same Court at the request of the Defendant day was given to the said parties in the plaint aforesaid till the next county Court to be holden before the suitors aforesaid on Monday the 15. day of November then next following saving to the Defendant c. at which day at the said Court before the suitors aforesaid holden at the Castle of Y. aforesaid came aswell the said A. B. by his Attorney aforesaid as the said C. D. by his Attorney aforesaid and then and there the said I. B. Esquire was removed from the office of Sheriff of the County aforesaid and R. L. Esquire was duly elected and did enter into the said office of Sheriff of the County of Y. aforesaid whereupon at the same Court at the request of the parties further day was given to the said parties in the plaint aforesaid until the next County Court on Monday the 13. day of December then next following in the year abovesaid to be holden before the suitors aforesaid saving to the parties c. at which day at the said Court before the suitors aforesaid holden at the Castle aforesaid came aswell the said A. B. by his said Attorney as the said C. D. by his Attorney aforesaid And the said C. D. by his Attoruey aforesaid came and defended the injury when c. And the said Attorney said that he was not informed by his said Clyent of any answer for him the said C. D. to the said A. B. in the plaint aforesaid to be given whereby the said A. B. did remain against the said C. D. thereupon without defence for which the said A. B. ought to recover against the said C. D. his damages by occasion of the trespasse and assault and wounding aforesaid but because it was not known to the Court what damages the said A. B. had sustained by reason of the premises therefore at the next County Court holden at the Castle of Y. aforesaid in the County aforesaid before the Suitors aforesaid upon Monday the 10. day of Ianuary then next following in the year aforesaid it was required by the oaths of I. W. R. S. S. G. M. L. T. P. c. twelve good and lawfull men of the County aforesaid being present in the Court and in the full County sworn to inquire what damages the said A. B. sustained by occasion of the trespass assault wounding say upon their oaths that the said A. B. hath sustained damages by occasion of the trespass assault and wounding to ten pounds and for his costs and charges by him in that behalfe expended to two pence therefore it was considered by the said Court that the said A. B. should recover against the said C. D. his damages and costs aforesaid by the Jurors aforesaid in form aforesaid assessed and also forty shillings by the Court aforesaid to the said A. B. by his assent for increase of costs to him adjudged which said damages and costs do amount to twelve pounds and two pence And the said C. D. in mercy c. In testimony whereof c. The nature of an Accedeas ad curiam THis Writ issues out of the Chancery directed to the Sheriff commanding him to go to such a Court of some Lord or Franchife as Court-Baron or the like being no Court of Record where a Plaint is sued or a false judgement is supposed to be given in some suit which hath been in the Court and by this the Sheriff is there to make Record of the same suit in the presence of the Suitors of the same Court and four lawfull men of the County and of this he is to make a Certificate into the Court above under his seal and the seals of four of the Suitors of the same Court at the day appointed by the writ F. N. B. 71. Plowden 74. Finch 444. This Writ cannot be had without shewing some special cause for the removing of it as that a Freehold is in question there or some forreign plea is pleaded not triable in that Court or such like F. N. B. 70. 119. The County Clerk is to make a precept upon the Writ in this manner Yo ss I. B. Esquire Sheriff of the County of Y. To the Steward and Bailiff of the Court of the Honour of P. greeting I command you by vertue of a Writ to me directed that you take with you four discreet and lawfull Freeholders of the County aforesaid and that you go to the Court aforesaid and in full Court there cause the Plaint to be recorded which is in the same Court without Writ between R S. and G. M. of a certain trespasse upon the case brought by the said R. S. against the said G. M. as is aforesaid And that you certifie the Record to me so that I may have the same before the Justices of the Common Bench at Westminster from the day of the holy Trinity in fifteen days under your seals and the seals of four lawful men of the said Court of those that shall be present at the Record and that you prefix the same day to the parties that then they be there ready to proceed in the said plaint as shall be just and have you the names of the said four men and this Precept fail not hereof c. Given under the Seal of my Office this second day of Iune in the year of our Lord 1656. By the Sheriff Honour of P. ss The Court Baron of G. S. I. K. c. holden at
answer for the same A. B. and C. C. his Clyents to the same E. F. in the said Plaint And the said Attorny for his said Clyents saith nothing in Bar as in others by which the said E. F. his damages against the said A. B. C. D. by occasion of the taking and unjust detaining of his Cattle aforesaid ought to recover but because it is unknown to the Court here what damages the said E. F. sustained by occasion of the premisses It is commanded to the said I. S. then Bayliff of the Wapentake of W. aforesaid one of the Ministers of the County Court aforesaid that he cause to come before the said Sheriffe at the next county Court of the County aforesaid to wit the 15th day of May in the yeare abovesaid at the Castle of Y. aforesaid then next following to be held twelve honest and lawfull men of the neighbourhood of S. to be suspected by neither party to enquire upon their Oath what damages the said E. F. sustained aswell by the occasion of the taking and unjust detaining of the cattle aforesaid as for his costs and charges by him about his suit in this behalf laid out and the same day was given to the said E. F. here c. At which said next County Court the same 15. day of May in the yeare abovesaid before the same Sheriff of the County aforesaid held came the said E. F. by his Attorney aforesaid And the same I. S. Bayliffe of the Wapentake aforesaid sent not his precept thereof Therefore as before it is commanded to the said I. S. Bayliff c. that he cause to come here at the next County Court before the same Sheriff of the County aforesaid to wit the 12 day of A. in the yeare abovesaid at the castle of Y. aforesaid to be held the 12th c. to enquire c to inform aforesaid c. At which day to wit the 12th day of April aforesaid before the same Sheriffe of the County aforesaid came the same E. F. by his Attorney aforesaid And the said I. S. Bayliffe c. and one of the Ministers of the same Court returned before the same Sheriffe the said precept de venire fac in all things served and executed And thereupon the Jury being thereof impannelled and called came and to enquire in forme as aforesaid sworn and charged say upon their oath that the said E. F. sustained damages by reason of the taking and unjust detaining of the Cattle aforesaid besides his costs and charges by him about his suit in this behalfe laid out 30 s. and for these costs and charges to 12 d. Therefore it is considered by the Court here that the said E. F. recover against the said A. B. and C. D. his said damages by the Jury aforesaid in form aforesaid assessed and also 26 s. to the same E. F. by the Court here for his said costs charges of his assent of increase adjudged which said damages in the whole amount unto 57 s And the same A. B. and C. D. in mercy c. Whereupon it was commanded to the same I. S. Bayliff of the Wapentake of W. aforesaid that of the goods and Chattels of the same A. B. and C. D. in his Bayliwick he should levy the damages aforesaid and that he have the money before the said Sheriffe at the next County Court at the castle of Y. to be held to wit the tenth day of March in the yeare abovesaid to render to the said E. F. for his damages aforesaid Whereupon the same E. F. prayeth that the said A. B. and C. D. would assigne and declare to the Court herein what or wherein false judgement is made to him in the said Plaint if any thing can be found proved or made appear c. And hereupon the same A. B. and C. D. say that the said Record is vitious and very much defective in this to wit that by the same Record it appeareth that the same cattle were taken the 15. day of January in the yeare abovesaid and that the complaint thereupon was levyed at the County Court of the Sheriff the 19th day of December in the yeare abovesaid so that the complaint was levied before the taking of the cattle afore made c. Also in this that by the Record it appeareth that the County Court aforesaid was held before the said Sheriffe of the County aforesaid whereas the same Court ought to be held before the same Sheriffe and suitors of the same Court so that the same Plaint was levied Coram non judice And the processe thereupon adjudged without any warrant in Law And so the same A. B. and C. D. say that in the County aforesaid false judgement was done to them in the said Plaint And pray that the said judgement for those errours and others in the same record and proceedings being may be revoked adnulled and altogether taken for nothing And that they unto all things which they by occasion of the judgement aforesaid have lost may be restored c. It was commanded the Sheriffe that if A. B. should secure the same Sheriffe to prosecute his complaint that then taking with him four discreet and lawfull Knights of the County aforesaid in his proper person he come to the Court of the Honour of P. and in full Court cause to be recorded that Plaint which was in the same Court of his Highnesse the Lord Protector between C. D. and the same A. B. in a certain Action upon the Case to the same C. D. by the same A. B. done as it is said Whereupon the same A. B. complaineth false judgement to be made to him in the said Court and that he should have here the Record at this day to wit Octab. Hill under his seal and by four lawfull men of the same County of those who shall be present at the Record and that he summon by good summoners the said C. D. that he should be here to hear that Record And that he have then here the names of the foure Knights and that Writ c. And now here at this day to wit Octab. Hill came as well the same A. B. by S. D. his Attorney as the same C. D. by P. P. his Attorney And the Sheriffe to wit G. M. Esq now returneth that the same A. B. found to the same Sheriff pledges to prosecute Io. Doo Ric. Roo And that the same C. D. was summoned to be here at this day by Io Den and Ric. Fen and that he by vertue of the same Writ to him directed took along with him I. S. W. P. I. H. and W. VV. four discreet and lawfull Knights of the County aforesaid and in his proper person came to the said Court held at P. in the County aforesaid the 15th day of October in the yeare of our Lord 1657. and in full Court made to be recorded the said Plaint whereof in the same Writ mention is made which said Record here at
this day he hath ready under his seale and the seales of the said four lawfull men who were present at the Record as by the same Writ to him it was commanded to answer to the said C. D. in the same plea whereupon the same A. B at the same Court put in his place S. D his Attorney in the same plea. And the same C. D. at the same Court by his Attorney aforesaid complained against the same A. B. for that to wit that whereas the same C. D. the last day of Dec. in the year aforesaid at W. aforesaid and within the jurisdiction of the Court aforesaid was possessed of one piece of woollen cloath containing eleven ells price 34 s. as of his proper goods and chattels And being so thereof possessed the same piece of cloath out of his hands and possession casually lost which said piece of cloath afterwards to wit the 12th day of February then next following into the hands and possession of the said Defendant by finding came Notwithstanding the said Defendant knowing the said piece of cloath to be the proper piece of cloath of the said Plaintiff and to him of right to belong and appertain and minding and intending the same Plaintiffe of the same piece of cloath craftily and subtilly to deceive and defraud the same piece of cloath although thereof the third day of March in the yeare abovesaid he was requested to the same and hath not delivered but the same piece of cloath afterwards to wit the 18th day of March then next following at VV. aforesaid within the jurisdiction of this Court aforesaid unto his proper use he converted and disposed to the damage of the said Plaintiff of 39 s. And thereof he bringeth suit c. And the said Defendant at the same Court prayeth Licence thereof to imparle untill the next Court and hath it c. The same day is given to the said Plaintiffe then there c. At which day the Court was held within the said Honour of P. the 26th day of May then next following came aswell the said Plaintiff as the said Defendant by their Attorheys aforesaid And the same Defendant prayeth further Imparlance untill the next Court within the said Honour to be held and hath it c. The same day is given to the said Plaintiff then there c. At which said next Court holden within the Honour aforesaid the 26th day of May then next following came as well the same Plaintiff as the same Defendant by their Attorneys aforesaid and hereupon the said Defendant prayeth further imparlance thereunto to speak until the next Court of the Honour aforesaid to be held and hath it c. The same day is given to the said Plaintiff then there c. At which said Court held within the said Honour the day of then next following came aswell the said Plaintiff as the said Defendant by their Attorneys aforesaid And the same Defendant then defended the force and wrong when c. And said that he was in nothing guilty of the premisses above imposed upon him as the said Plaintiff by his said Declaration complained against him and of this he putteth himself upon the Countrey and the said Plaintiff likewise whereupon it was then commanded to the Bailiff of the Honour aforesaid that he cause to come to the Court of the Honour aforesaid to be held by 12 free and lawfull men of the Honour asoresaid to try the issue aforesaid above joyned Day was given to the parties abovesaid then there c. At which said next Court held within the said Honour the day of then next following came aswell the said Plaintiff as the said Defendant by their Attorneys aforesaid and the said Bayliff returned the Pannel with all the Jurors whereof 12 being called came and were sworn and said upon their oath that the said C. D. was possessed of the said piece of cloth in the Declaration aforesaid specified and that the same piece of cloth by finding came to the hands of the said A. B. and that the said Plaintiff requested the same A. B. to deliver to the same Plaintiff the same piece of cloth and that the said Defendant did not deliver the same to the said Plaintiffe And further the said Jury said that the said Defendandant doth yet detain in his hands the same piece of Cloth and if upon the whole matter in form aforesaid found the same Defendant to be guilty of the premisses in the Declaration aforesaid specified or not the Jury aforesaid are altogether ignorant and pray the advice of the Court in the premisses and if upon the whole matter in form aforesaid found it shall seem to the Court that the said Desendant is guilty of the premisses in the Declaration aforesaid specified then the said Jury say upon their oath That the same Defendant is guilty of the premisses in the Declaration afore said specified And then the said Jury do assesse damages by occasion of the premisses besides costs and charges by him about his suit in this behalfe laid out to 20 s. and for those costs and charges to 12 d. and if upon the whole matter in form aforesaid found it seemeth to the Court here that the said Defendant is not guilty of the premisses in the Declaration aforesaid specified then the Iury aforesaid say upon their oath That the said Defendant is not guilty of the premisses in the Declaration aforesaid specified And because the same Court will advise of and upon the premisses before they give Iudgement therein day is given to the parties aforesaid here until the next Court to be held in the said Honour to hear thereof their Iudgment c. At which said Court held in the said Honour the day of then next following came aswell the said Plaintiff as the said Defendant by their Attorneys aforesaid And because the same Court of giving their Iudgment therein are not advised day is given to the parties aforesaid until the next Court to hear thereof their Iudgment c. At which said Court held in the said Honour the day of then next following came aswell the said Plaintiff as the said Defendant by their Attorneys aforesaid whereupon the premisses being seen and by the Court here fully understood it seemed to the Court here that the same Defendant is guilty of the premisses in the Declaration aforesaid specified Therefore it is confidered by the same Court That the same Plaintiff recover against the said Defendant the said 21 s. by the Jury aforesaid in form aforesaid assessed and also 22 s. for his costs and charges by the Court here by his consent of increase adjudged which said damages do in the whole amount unto 53 s. And the said A. B. in mercy c. And hereupon the said C. D. prayeth That the said A B. may shew to the Court here and assign the defects wherein false judgment is made to him in the said plaint in the said Court if any be made Whereupon the
day the Obligor tenders the mony and the Obligee refuseth the same yet upon an Action of debt upon the Obligation if the Defendant plead the tender and resusall he must also plead that he is yet ready to pay the mony and tender the same in Court but if the Plaintiff will not then recieve it but take issue upon the tender and the same be found against him he hath lost the mony for ever Every Plea must be offered to be proved true by saying in the Plea And this he is ready to verifie and this is termed an Averment If tender of Issue come on the Defendants part the form is And of this he putteth himself upon the Country If on the part of the Plaintiff it is And this he prayeth may be inquired of by the Country If Issue be taken upon these Pleas and Jury thereupon warned to appear to try them the Jury appearing the parties may have their challenges Challenge of Jurors CHallenge is said to be where there is evident favour as Kindred c. the Juror of Alliance Servant Bears malice or hath some Action against the Challenger Juror a Gossip of the Plaintiff Juror master to the Plaintiff the Juror eat at the Plaintiffs cost or take mony for his charges If the Juror was chosen Arbitrator for one party but otherwise where he was chosen indifferent for them The Sheriff or Bayliff which make the Pannell is of the Plaintiffs kindred Those who have been attaint of false oath or were seen on the Pillory or against whom there was Judgment of life or member Those who pretend to have some right in the thing demanded The Juror outlawed if the Record be shown Juror attaint of Conspiracy The Sheriff being Plaintiff It was allowed for a principall challenge that the Defendant was indebted to the Juror If any one or more of the Jury be returned at the denomination of the party Plaintiff or Defendant the whole array shall be quashed If there be a Challenge for Cozinage he that taketh the Challenge must shew how the Juror is Cozin If one within the age of one and twenty years be returned it is a good cause of Challenge Having now brought the Jury to the Bar and that they prove all honest men being sworn let them stand to the Bar and hear their Evidence If a full Jury do not appear as many as make default may be amerced What witnesses are not sufficient to give in Evidence and what are THe word Evidence is of a different signification as signifying authenticall writings of Contract but here it is taken for proof of a matter in question and at issue by testimonie of witnesses before a Jury and according to the Evidence the Jury are to give their Verdict according to their oaths And to demonstrate who are insufficient and may be excepted against are such as are infamous as are persons attainted of Felony or of a false Verdict or of Conspiracy or of Perjury or in a Praemunire or of Forgery upon the Statute of 5 El. c. 14. and not upon the Statute of 1 H. 5. 3. and such as have had Judgment to lose their ears or stand on the Pillory or have been stigmatized or branded and infidells men not of sound memory or not of discretion or such as are interessed in the cause and may have benefit by the thing in question these are not competent witnesses and a wife cannot be witnesse for or against her Husband But all other persons though they be never so near in consanguinity Tenants Servants Masters Counsellors or Attorneys are allowed for competent witnesses Co. Lit. fo 6. Plow 8. 12. And these being required must come in to give Evidence or they forfeit to the party damnified so much as the Court shall award and must give him costs and damages Statute of 5 Eliz. cap. 9. The Poet in two verses doth declare what things are required in a witnesse Conditio sexus aetas discretio fama Et fortuna fides in testibus ista requires The manner of keeping the Court. THe Sheriff at the first Court which shall be after his Election and discharge of the old Sheriff must read his Patent and Writ of assistance and nominate his under Sheriff and County Clark and 1 2 Phi. Ma. cap. 12. four Deputies at the least of the Replevins for the ease of the County Then enter the stile of the Court after this manner The first County Court of I. B. Esq Sheriff of the County aforesaid held at the Castle of Y. on Munday the seventh day of July 1656. Then command the Bayliff to make Proclamation three times O yes c and say All manner of persons that have any thing to do at the County Court holden here this day before I. B. Esq Sheriff of the County of Y. come forth and give your attendance Command the Bayliff to make Proclamation again O yes c. and say All manner of persons keep silence and hear the Lord Protectors Writs of Exigent and Proclamation read A Coroner is to be there then present to pronounce Judgment of Outlawry against those that do not appear upon the Exigent and Proclamation at the fifth County Command the Bayliff the third time to make Proclamation O yes c and say Essoynes and profers before the Court three times for this day And then say If any man will be Essoyned or enter any Plaints let him come forth and he shall be heard Then enter your Plaint in this manner A. B. against C. D. of a Plea of debt Then call the Plaintiff thus A. B. appear or thou losest thy Plaint three times If he appear by an Attorney then enter his Warrant of Attorney viz. the two first letters of his name over the name of the Plaintiff and then file his Declaration Then call the Defendant C. D. appear and answer A B. in an Action of debt or as the case is or thou forfeits thy goods distrained and further Processe will be awarded against thee If he appear then enter his appearance and an Imparlance to put in his answer to the Plaintiffs Declaration the next Court. When the Defendant hath put in his answer If the Plaintiff joyne Issue they may proceed to tryall the next Court day except they proceed further by Replication Rejoynder c. If they be at Issue send out a Venire facias to summon the Jury Then enter on the head of the Pannell thus Jury betwixt A. B. Plaintiff and C. D. Defendant in a Plea of debt When they are brought to the Bar command the Bayliff to make Proclamation c. and say You good men that be impannelled to try the Issue between A. B. Plaintiff and C. D. Defendant answer to your names every man upon the first call upon pain and perill that shall fall thereon If twelve appear then swear them one by one in this manner You shall well
two Kine aforesaid impounded and detained were by the said H. H. and these two Kine going and elongated were before your coming out of the Pound aforesaid to places to you unknown by the aforesaid H. H. for which the two Kine aforesaid Replevie you could not wherefore it is considered by the Court willing to meet with the malice of him the said H. H. that the Beasts of the said H. H. be taken in Withernam to the value c. and these to the aforesaid G. A. be delivered safely and surely to be kept untill to the same G. A. his Beasts aforesaid according to Law you can Replevy and according to the tenure of my Mandate aforesaid Therefore you and every of you joyntly and severally I command that you take or c. the Beasts of the aforesaid H. H. to the value c. in Withernam and these to the aforesaid G. A. to be delivered you cause or c. safely and securely to be kept untill c. and distrain you or c. the aforesaid H. H. so that he be at the Castle of Y. at the next County Court to be held on c. to answer the aforesaid G A. in the Plea aforesaid and the answer of my Precept known make you c. at the next Court Given under the Seal of my Office such day and year c. Note that when a Replevin is granted there must be a Bond taken of him to whom it is granted or of some other for him with one or two sureties to appear at the next Court and to prosecute his Suit with effect or else it may be prejudiciall both to the Grantor of the Replevin and to the Executioner thereof and the form of that Bond and Condition thereof is this An Obligation upon a Replevin Know all men by these presents that we G. A. of Skipton in Craven in the County of Y. Gent. and I. B. of the same Town and County Yeomen are held and firmly obliged to G. M. Esq Sheriff of the County aforesaid in the summe of 100 l. of lawfull mony of England to be paid to the said G. M. or his certain Attorney his Executors or Assigns to which payment well and truly to be made we bind us our heirs Executors and Administrators firmly by these presents with our Seals sealed Dated the tenth day of July in the year of our Lord 1656. The Condition of this Obligation is such That if G. A. do appear at my next County Court to be holden for the County of Y. at the Castle of Y. on Munday the c. next and do prosecute there with effect his Suit which he hath commenced against H. H. for the taking and unjust detaining of two kine of the goods of him the said G. A. and to make return of the goods if return of the same shall be adjudged That then this present Obligation shall be void and of none effect c. Or thus The Condition c. that whereas G. A. hath obtained from the above named Sheriff a Replevin for the delivering of two kine and other goods distrained and detained by H. H. and others if therefore the said G. A. do prosecute his Suit upon the said Replevin with effect and do make return of the goods if return thereof shall be adjudged and also to save and keep harmlesse the said Sheriff by reason of the said Replevin to him granted as aforesaid That then this present Obligation to be void c. A Tolt TOlt comes from the Latine word tollo viz. to take away It is a Precept by which a cause depending in a Weapentake or Hundred Court or other inferiour Court Baron may be from thence removed into this Court The form is this Yo. ss I. B. Esq Sheriff of the County aforesaid to the Stewards and also to the Bayliff of the Hundred of H greeting Whereas I am informed that you are favorable and not equall in a certain Plaint depending before you in your Court between W. A. Plaintiff and R. M. Defendant therefore on the behalf of his Highnesse the Lord Protector and by vertue of my office I command you and either of you that you take the Plaint so depending before you in your Court between the said parties so that I may have the same at my next County Court to be held at the Castle of Y. on Munday c. next in the same state and Condition as it is now depending before you and that you give notice to the said parties of the same day that they may be there ready to prosecute the said Plaint as to Justice and Right shall appertain and that in further prosecution of the said Plaint in your Court you altogether supersede and no further proceed therein and this c. given under the Seal of my Office the c. The return Hundred of H. ss At the Court Baron holden at W. within the Hundred of H. aforesaid upon Wednesday the last day of Iuly the year c. in the time of I. B. Esq Sheriff of the County aforesaid The Plaint W. A. Plaintiff complains of R. M. Defendant in a Plea of debt damages twenty shillings By vertue of this Precept to us directed to be recorded and taken we have caused the Plaint depending before us in our Court betwixt the parties above named and in the same state and condition as it is now depending and to the same parties we have prefixed and given notice that they be at the County Court within written at the day and place within mentioned to prosecute the said Plaint as to Justice and Right shall appertain and as this Precept exacts and requires In testimony whereof we have hereunto set our Hands and Seals c. I. S. Steward T. L. Bayliff Judiciall Processe JUdiciall Processe issue out after Judgment either by default or Nihil dicit against the Defendant or Non-suit against the Plaintiff The form of Judiciall Processe or a Fieri facias is this Y. ss I. B. Esq Sheriff c. to all and singular my Bayliffs c. greeting I command you and every one of you joyntly and severally that of the Goods and Chattels of T. B. you or some of you cause to be made as well a certain debt of thirty shillings which H. S. in my County Court hath recovered against him as also 13 s. and 10 d. which to the said H. S. in the same Court were adjudged for his costs and charges about his Suit in this behalf expended and have you the mony at the Castle of Y. at my next County Court there to be holden upon Munday c. to render to the said H. S. of the debt and damages aforesaid whereof he is convict And this given under the Seal of my Office c. I. B. Esq Sheriff c. to all and singular my Bayliffs c. greeting I command you and every of you joyntly and severally that you or some of you levy of the goods and
chattels which late were W. W. deceased at the time of his death and now remaining in the hands of I. W. Executor of the Testament of the said W. W. and not administred of as well a certain debt of 40 l. which T. L. in my County Court by vertue of a Writ of Justicies recovered against him as also 20 s. which to the said T. L. in the same Court was adjudged for his costs and damages which he sustained by reason of the detaining of the said debt If the said I. W. Executor of the Testament of the said W. W. have so much goods or chattels in his hand which were the said W. W. at the time of his death sufficient to satisfie the debt and damages aforesaid If he have not so much goods or chattels in his hands which were the said W. W. at the time of his death sufficient to satisfie the said T. L. of the debt and damages aforesaid That then you or some of you levy of the proper goods and chattels of the said I. W. the damages and costs aforesaid so that I may have the said mony at my next County Court to be holden at the Castle of Y. c. to render to the said T. L. the debt and damages aforesaid whereof he is convict And this given under the Seal of my Office the c. I. B. Esq c. to all and singular my Bayliffs c. greeting I command you and every of you that of the goods and chattels of T. O. you levy 20 s. which S. D. in the County Court according to a Statute provided in that case were adjudged for his costs and damages which he sustained in his own defence in a certain Plea of debt which the said S. D. against the said T O. of late brought because the said T. O. did not prosecute his Suit but was thereupon non-suited and convicted so that I may have the mony at my next County Court at the Castle of Y. holden on Munday c. next to satisfie the aforesaid S. D. of his costs and damages aforesaid And this c. Given under the Seal of my Office the c. I. B. Esq c. to all c. greeting I command you that of the goods and chattels of T. C. you levy 40 s. which to P. P. in my County Court were adjudged for his damages which he sustained in his own defence in a Plea of debt by the said W. against him the said P. P. lately brought whereof the said P. P. was quieted and by Verdict of his Country whereof the said T. C. was convict have you the mony at my next County Court to be holden at the Castle of Y. on Munday c. to satisfie the said P. P. of his damages aforesaid And this c. given under the seal of my office c. I. B. Esq c. to all c. greeting I command you and every of you joyntly and severally that of the goods and chattels which late were of E. S. Esq who dyed intestate as it is said and now in the hands of R. M. Gent. and A. his wife Administratrix of the goods and chattels which were the said E. S. at the time of his death remaining to be administred you cause to be made as well a certain debt of 4 l. which I. W. hath recovered against the said E. S. in my County Court as 30 s. which to him the said I. W. in my same Court were adjudged for his costs and damages which he had by occasion of detaining of the same debt by vertue of a Writ of Justices so that I may have the said mony at my next County Court to be holden at the Castle of Y. c. to render the aforesaid I. W. of the debt and damages aforesaid whereof the aforesaid E. S. was convict And whereupon it was considered in my same Court that the aforesaid I. W. should have Execution against the aforesaid R. M. c. of the debt and damages aforesaid of the goods and chattels aforesaid by his the said R. M. his default And this given under the seal of my office the c. I. B. Esq c. to all singular my Bayliffs c. greeting I command you and every one of you joyntly and severally especiall to F. P. Bayliff of the Liberty of S. and his Deputies who hath the goods taken upon an Execution issuing out of this Court that those twenty weather Sheep of which each you cause to be apprised at eight shillings of the goods of I. C. Esq which you took and remain in your hands unsold for want of buyers as you your self returned to my Court you expose to sale and the mony thereof which in the whole amounts to eight pounds you have at my next County Court at the Castle of Y. holden on Munday the tenth day of May next to render to W. G. which to him the said W. G. in my Court were adjudged for his damages which he had by occasion of a certain Trespasse to him committed by the aforesaid I. C brought whereof he is convict And this given under the Seal of my Office the 18 day of October in the year of our Lord 1657. By the Sheriff Of a Scire Facias IF a Fieri facias do not issue out within a year and a day after Judgment entered it cannot be had till there be a Scire facias first sued out to summon the Defendant to shew cause why Execution should not be done and if now he neglect to answer or cannot be found to be summoned then a second Judgment shall be given that that Execution be done of the first Judgment If Judgment be given against a Testator albeit it be within a year after Judgment had yet there must first issue out a Scire facias against the Executor or Administrator before Execution to shew cause why it should not be had Or if a man recover against a Feme-sole and she become covert viz. take a Husband within the year and the day then he that shall recover must have a Scire facias against the Husband Scire facias post diem annum I. B. Esq Sheriff c. greeting Whereas W. F. of late in the Court of the aforesaid County by Judgment in the said Court of the County aforesaid held at the Castle of X on Munday the tenth day of February 1654. before the Suitors of the said Court recovered against G. L. as well a certain debt of thirty two shillings which the said W. F. in the same Court recovered against him as thirteen shillings and ten pence which to the said W. F. in the same Court were adjudged for his damages which he sustained by the occasion of the detaining of the debt of which he is convicted for as by the proceedings from thence in the same Court residing notwithstanding the manifest Execution of the aforesaid Judgment remains to be done as by
insinuation the aforesaid W. F. hath recovered And because that I will that those things which were in the said Court be rightly done to demand due of the said Iudgment Therefore I command you that by honest and lawfull men of my Bayliwick you give notice to the aforesaid G. L. that he be at the Castle of Y. at my next County Court there to be holden upon Munday the third day of May next to shew if he have any thing to say or no why the said W. F. ought not to have his Levy or Execution against him according to the force form and effect of the said Recovery if it seem expedient to him and have you then and there the names of them by whom you give him notice and have this Precept c. Given under the Seal of my Office the fourth day of Aprill in the year of our Lord 1656. Scire facias against an Executor after Judgment against the Testator I. B. Esq Sheriff c. greeting Whereas N. N. late in the County Court of the said County held at the Castle of Y. on Munday c. before the then Sheriff of the said County by Iudgment of the said Court had recovered against H. N. as well a debt of forty pounds as two and twenty shillings and two pence costs for his damages which he sustained by reason of the detaining of the said debt whereof he is convict as appears by the Proceedings remaining in the said Court And whereas the Execution of the Judgment yet remaineth to be done and the said H. N. since the giving of the Judgment aforesaid is dead as by the intimation of the said N. N. I am informed And because I am willing that those things which are rightly done in the said Court should be duly put in Execution I command you that by honest and lawfull men of the said County you make it known to F. N. Executrix of the Testament of the said H. N. that she be at the next County Court to be holden for the said County at the Castle of Y. on Munday c. to shew if she have any thing or know what to say why the said N. N. ought not to have his Execution against her of the debt and damages aforesaid to be levied of the Goods and Chattels which were of the said H. N. at the time of his death and further to do and recieve c. Given under the Seal of my Office c. Scire facias after marriage I B. Esq Sheriff c. greeting Whereas A. B. late in my County Court held at the Castle c. before the Suitors of the said Court had recovered against C. D. as well a certain debt of forty pounds as forty shillings which to the said A. B. in the said Court were adjudged for the costs and damages which she had by occasion of the detaining of the debt whereof he is convicted as by the Proceedings thereof in the same Court before the said Suitors remaining manifestly appeareth Neverthelesse Execution of the said Judgment remaineth yet undone And the said A. B. since the Judgment aforesaid given hath taken to Husband T. R. as by the allegation of the said A. B. I am given to understand and because I will that those things which are rightly acted in my said Court be duly put in Execution I command you that by honest and lawfull men of your Bailiwick you give notice and make known to the said C. D. that he be at my next County Court holden at c. to shew that if he hath or knoweth any thing to say or no for himself wherefore the said T. R. should not have execution of the said judgement of the debt and damages aforesaid according to the form and effect of the recovery aforesaid if to him it shall seem expedient and have you there the names of them by whom you give him notice and make known to him and have this precept c. Given under the seal of my Office the 4. day of Iune in the year of our Lord 1658. Venire facias Jurator I. B. Esquire Sheriff of the County aforesaid to the Bayliff of the hundred of O or his Deputy greeting I command you and every of you that you cause to come before me or my lawfull Steward by me appointed for the County Court to be holden at the Castle of Y. on Monday the c All those severall persons mentioned in the pannel hereunto annexed to trie such several issues between party and party as shall then and there be given them in charge And hereof you must not fail as each of you will answer the contrary at your perils together with this precept Given under the seal of my Office c. Or thus I. B. Esquire c. These are to require you the said Bailiff to cause to come twelve good and lawfull men of your Bailiwick that they be and appear at the next County Court holden at the castle of Y. on Monday c. by 9 of the clock in the forenoon to trie an issue joined between A. B. plaintiff and C. D. desendant concerning a plea of debt or as the case is And this given under the seal of my Office c. And if a full Iury do not appear then as many as make default shall be amerced and a Decem tales awarded to summon ten more as followeth and the same day given to the first Iury. Decem tales I. B. Esq c. These are to require you the said Bayliss to cause to come ten more good and lawfull men of your Bayliwick that they be here at the next County Court holden at the Castle of Y. on Munday c. with others which to them shall be adjoyned to try a certain Issue joyned between A. B. Plaintiff and C. D. Defendant of a Plea of Debt c. And as many of these as make default shall be amerced and then an Octo tales shall be awarded and if necessity require it afterwards a Sex tales Subpoena or a Warrant to summon Witnesses I. B. Esq Sheriff of the County aforesaid to I. B. I. G. c. greeting To you and every of you I command that all excuses and delayes being set apart you and every of you be and personally appear at the next County Court holden at the Castle of Y. on Munday the 10. day of Iune next to testifie the truth according to your knowledge in a certain Action there depending between A. B. Plaintiff and C. D. Defendant on the part and behalf of the Plaintiff in an Action of debt And hereof fail you not under the forseiture of one hundred pounds each of you And this given under the Seal of my Office the c. A Liberate to deliver goods taken upon Originall or mean Processe I. B. Esq Sheriff of the County aforesaid To all and singular my Bayliffs within the said County and their Deputies especially to A. B. greeting For as much
Scire facias 00-02-00 Tolt 00-01-02 Precept upon an accedas ad curiam 00-02-04 Supersedeas 00-02-04 Procedendo 00-02-00 Warrant of Attorney upon every Distringas 00-00-02 Warrant of Attorney upon a Iusticies 00-00-04 Entring Essoynes for every name 00-00-04 Entring Imparlance 00-01-00 Copying the Declaration 00-01-00 Allowing the answer 00-01-00 Copying the answer 00-01-00 Allowing the Replication 00-01-00 And for copying the Replication and allowing the Rejoynder c. and so of the rest 00-02-00 Entring a Rule 00-00-04 Entring a Default by Nihil dicit 00-00-04 Entring a Non-suit 00-00-04 Dividing a Plaint for every name 00-00-04 Entring Judgment 00-02-00 Transcript upon a Plaint 00-01-08 Transcript upon a Writ of Iusticies 00-03-04 Allowing a Recordare 00-04-00 Allowing a Pone 00-04-10 Allowing a Writ of False Iudgment 00-06-08 Fees to the Attorney FOr drawing every Declaration 00-01-00 Drawing every answer 00-01-00 Drawing the Replication 00-01-00 Drawing Rejoynder 00-01-00 Drawing Sur-rejoynder 00-01-00 For every Court day wherein he proceeds in the Action allowed as his Fee 00-02-00 Fees to the Bayliff for executing of Processe FOr executing a Distringas of the Plaintiff 00-00-04 and of the Defendant 00 00-08 A Duces tecum of the Plaintiff 00 00-04 And of the Defendant 00-00-08 A Iusticies of the Plaintiff 00-01-00 and of the Defendant 00-02-00 A Replevin of the Plaintiff 00-02-00 A Venire facias 00-02-00 If tried for the Habeas corpora 00-02-00 A Fieri facias 00-02-00 A Scire facias 00-02-00 The Order of the Judges of Assize at York the 24. day of July 1654. concerning Essoins illegally returned into this Court. WHereas of late Judgements have been surreptitiously obtained in this Court by reason of Essoins unduly brought into the Court by Bailiffs or their Deputies and others after attachment of goods for appearance which pretended Essoins being afterwards disavowed by the defendant have occasioned sundry complaints and suits when the defendants goods were taken in execution for preventing whereof it is ordered upon advice and consultation had with the Judges of Assize at Y this day that henceforth no common Essoin shal be entred and allowed by the Court to save a default unlesse it be warranted in writing under the proper hand-writing or under the hand seal or mark of the defendant thereby specially authorizing the party being the Essoiner to cast such Essoin for him and in his name for the truth of which subscription or sealing the same Essoin is to be sworn in open Court and no Essoin is to be admitted or received from henceforth being not affirmed and sworn unto and so entred upon the back of the warrant of attachment which is to remain upon the file amongst the Rolls or proceedings of the Courr and if any other person not being a Bailiff shall be the Essoiner he is to bring the like warrant from the Defendant in writing as is aforesaid and be sworn for the truth thereof which is to remain in Court as aforesaid And no jugdement shall be given where there is no other appearance but an essoin Unlesse the Essoin shall appear to be warranted as aforesaid To swear to warrant Essoyns in this Court is contrary to the Statute of Marlbridge cap. 19. which saith De essoniis autem provisum est quod in Com. c. nullus habeat necesse jurare pro Essonio suo warrantizand Of the nature and Return of those Writs that do remove actions out of this Court into superiour Courts WRits removing suits out of this Court may be without shewing cause in the writ if the remove be by the Plaintiff but not without shewing good cause if it be by the Defendant As that the suit is for Charters of land or for inheritance or for freehold of Land or any titles of Land or actions touching life or actions to cause one to render an accompt or trespass vi armis all which are not within the cognizance of the Court. Or that he before whom the action depends is a favourer of him that is on the other side or that the Defendant avoweth for damage feasant and the Plaintiff doth justifie for common of pasture which is a plea touching Freehold and thrrefore the prosecution in this Court ceaseth First of a Recordare facias loquelam A Recordare is a writ issuing out of the Chancery directed to the Sheriff commanding him to send a plaint that is before him in his County Court without writ of Iusticies into the Court of Vpper Bench or Common Pleas to the end that the cause may be there determined And the Shiriff is hereupon to summon the other party to be in that Court into which the Plaint is to be sent at a day certain And of all this he is to make a certificate under his own Seal and the Seals of four Suitors of the same Court By vertue of this Writ to me directed at my County of Y. held at the Castle of Y. within written such a day and year to be Recorded I caused the Plea of which within is made mention which appears in a Schedule to this Writ annexed and that Record I have before the Iustices within written at the day and place within contained under my Seal and the Seals of W. H. E. R. c. four good and legall Knights of the same County of them who at the Record present were and to the parties within written that day I have prefixed that then they be there in that Plea as just it may be to prosecute as within to me is commanded The residue of the Execution of this Writ appears in a certain Schedule to this Writ annexed At my County Court held at the Castle of Y. in the County aforesaid such day and year before I. R. M. L. I. S. and S. D. four Suitors of the said Court amongst other matters is contained R. S. complaineth against B. W. of a Plea of debt or as the case requires I. B. Esq Sheriff pledg of prosec I. S. I. D. In testimony of c. By vertue of this Writ to be recorded I have caused the Plea which is in my County without Writ of Oliver Lord Protector c. betwixt A. B. and C. D. concerning the Beasts of him the said A. B. taken and unjustly detained as it is said and that Record I have before the Justices within written at the day and place within contained under my seal and the seals of E. B. S. D. R. B and I. L. four legall Knights of my County of those who at the Record present were as it appeareth in a certain Schedule to this Writ annexed according to the Exigency of this Writ At my County held c as before By vertue of this Writ in form within written I came to the Court within written and in that full Court to be recorded caused the plea within written and that Record as it appeareth in a Schedule to this Writ annexed I have before the Justices within written at
the day and place within contained and to the parties within written that day have prefixed that then they be there in that Plea as just it may be to proceed as within to me is commanded A. B. complaines of C. D. in a Plea of taking of the Beasts of him the said A. B. in testimony of which matter E. B. S. D. I. W. and I. R. four legall men of those who at the Record present were in full Court at the Castle of Y. in the County aforesaid the tenth day of Aug in the year c. to the same Record their Seals severally have put the day and year abovesaid Note that though the Plea be discontinued in the County yet the Plaintiff or Defendant may remove the Plaint into the Common Pleas or Upper Bench by a Recordare c. and it shall be good and he shall declare upon the same And the Court shall hold Plea upon the fame Plaint for if the Plaint be continued in the County and issue joyned upon it yet nothing shall be removed but only the Plaint and in the Common Pleas the Plaintiff may declare anew c. Likewise if the Recordare bear date before the Plaint was entred in the County it is good enough and the Record is well removed The nature of a Pone A Pone doth nothing differ from a Recordare but that a Pone is allwayes to remove such Suits as are before the Sheriff by Writ of Iusticies and not by Plaint onely but the Recordare is to remove the Suit that is by Plaint onely without Writ F. N. B. 70. 11. By vertue of this Writ to me directed I have put before the Justices c. of the Common Bench at Westminster the Plea which is in my County by Writ of his Highness the Lord Protector of Iusticies betwixt A. B. and C. D. of a Plea of debt as it is said as it appeareth in a certain Schedule to this Writ annexed c. At my County Court held at the Castle of Y. in the County aforesaid upon Munday the twelfth day of August in the year of our Lord 1658. c. A. B. complaineth of C. D. of a Plea of debt in testimony of which matter R. L. S. R. T. O. and S. D. four legall men of those who at the Record present were in full Court their seals severally have put the day and year abovesaid A. B. complaineth of C. D. of a plea of debt 20 l. That if a plea be removed by Pone at the suit of the Defendant or Plaintiff and afterwards they proceed in this Court in the plea and give judgement and award execution c. then the Defendant or he against whom the judgement was given and execution awarded shall have an attachment against the Sheriff directed to the Coroner to answer as well his Highness the Lord Protector for the contempt as the party his damages c. Of the Writ of Prohibition THe Writ of Prohibition is of the same nature of a Recordare and a Pone but not in use Of the Consultation or Procedendo THese two Writs are both of one nature though the Writ of Consultation be obsolete and the writ of Procedendo stept up into its place it lieth where a cause hath been formerly removed by Pone or Recordare from this Court into the Vpper Bench or Common Pleas and for want of sufficient cause of removeall is sent back again Fitz. old Natura brevium 50. The nature of a Writ of False Judgement A Writ of salfe Iudgement lieth where an erroneous Judgement is given in this Court being no Court of Record then the party grieved by the Judgment may have this Writ and remove all processe of the suit into the Common Bench and there it shall be examined if it be found erroneous the Judgement shall be reversed and the suiters of the Court who gave the Judgement amerced Note that a Writ of false Judgement lieth not but in a Court where there are Suitors for if there be no Suitors there the Record cannot be certified by them F. N. B. 43. H. By vertue of this Writ to me directed to be Recorded I have caused the Plea which is in my County together with the proceedings and the Judgement betwixt the parties beneath and to the same parties day have prefixed to be before the Justices within written at the day place within contained as the Writ exacts and requires which plea with the proceedings and judgment appeareth in a certain Schedule to this Writ annexed A Plaint by Writ in the County Court holden at the Castle of Y. in the County aforesaid on Monday the 23. day of August the year c. before the Suitors of the same Court in the time of I. B. Esquire Sheriff of the County aforesaid according to the Customs and Priviledges of the same Court time whereof the memory of man is not to the contrary have been used and approved in the same At this Court came A. B. in his proper person and brought here into Court a Writ of his Highnesse the Lord Protector of Iusticies which said Writ follows in these words O LIVER Lord Protector of c. To the Sheriff of Y. greeting A. B. hath complained to us that C. D. upon him the said A. B. at the Castle of Y. hath made an assault and hath beaten wounded and evil intreated him so that of his life it was despaired and hath done him other wrongs to the great damage and grievance of the said A. B. and therefore we command you that you hear the said plaint and after cause them to be therefore brought to justice for the same that we hear no more complaint therein for want of justice Witnesse our selves at Westminster the 10. day of August in the year of our Lord 1656. And thereupon found Pledges to prosecute the said plaint that is to say Io. Doo and Ric. Roo And thereupon the said A. B. put in his place S. D his Attorney in the plaint aforesaid and by his said Attorney required processe to be made to him upon the same And it was commanded by the said I. B. Esquire Sheriff of the said County to all and singular his Bailiffs jointly and severally and their Deputies that they or some of them should do justice to the said C. D. so that he should be and appear at the next County Court to be holden at the Castle of Y. on Monday the 20. day of September then next in the year aforesaid to answer the said A. B. in the plaint aforesaid At which day came the said A. B. by his Attorney aforesaid and offered himselfe against the said C. D. in the plaint aforesaid and then and there came I. P. one of the Bailiffs in the County aforesaid of the said I. B. Sheriff of the said County and returned the said precept so directed as aforesaid served and executed on him and the said C.
P. for the honour of P. the 12. day of June in the year of our Lord 1656. before I. H. T. H. I. G. and R. H. suicors of the said Court R. S. complains against I. N. of a plea of Trespasse upon the case to the damage of 30 s. By vertue of this Writ to me directed at the Court aforesaid holden the day and year abovesaid in full Court there to be recorded I have caused the plaint of which within is made mention which plaint doth appear above written and that Record I have returned sealed with my seal and the seals of the aforenamed four lawful men being in the said Court present at the said Record And to the parties within written I have prefixed the day in the Writ specified that then they be ready to proceed as just it may be in the said plaint as within to me is commanded W. O. Steward I. H. T. H. I. G. R. H. Suitors By vertue of this Writ to me directed in form within written I came to the Court within written and in that full Court to be recorded I caused the plea within written and the Record as it appeareth in a Schedule to this Writ annexed I have before the Justices at the day and place within contained under my seal and the seals of T. R. A. B. C. D. and E. F. four legal men of my Shire of those who at the Record present were and to the parties c. Or thus if the Record be not returned By vertue of this Writ to me directed and in my proper person having taken with me R. S. c. good and lawfull Knights of my County I came to the Court Baron of G. S. I. K. c. holden at P. for the Honour of P. to Record the Plea within written at the day and place within contained as within to me is commanded whereupon the Suitors of the Court aforesaid at P. aforesaid in full Court me the within written Sheriff the said Writ there to execute or as to the said plea in any manner to intermit altogether denied for which execution of the Writ aforesaid make I could not c. It is a good return for the Sheriff to say that after the receipt of the Writ and before the return thereof that no Court was holden and that also he required the Lord to hold his Court and he would not so as he could not execute the same The Return of a Writ for the Election of a Coroner after the death of another AT my County Court held such a day and year in full County aforesaid by vertue of this Writ of the assent of the same County in the place of R. O. within named who deceased is I have chosen a Coroner viz. I. M. who as the manner is hath taken his oath corporal that he will do and keep those things which to the office of a Coroner in the County aforesaid belong to be done as within c. The Return of the Writ of Exigent BY vertue of this writ to me directed at my County held at the Castle of Y. in the County of Y. within written on Monday c. the year c. within written I. C. and the rest of the Defendants within named if there be above two in the writ first were exacted and appeared not at my County of Y. there holden on Monday c. the year aforesaid the foresaid I. C. and the rest of the Defendants within named the second time were exacted and appeared not at my County of Y. there holden on Monday c. in the year aforesaid the said I. C. and the rest of the Defendants within named the third time were exacted and appeared not at my County of Y. there held on Monday c. in the year aforesaid the aforesaid I. C. and the rest of the Defendants within named the fourth time were exacted and appeared not At my County of Y. there held on Monday c. in the year aforesaid the aforesaid I. C. and the rest of the Defendants within named the fifth time were exacted and appeared not And therefore I. C. and the rest of the Defendants within named by Judgement of I W. and W. R. Gent. Coroners of the Common-wealth of the County aforesaid according to the Law and Custom of the Common-wealth of England outlawed are and every of them is outlawed I. B. Esquire Sheriff By vertue of this writ to me directed at my County held at Y. in the County of Y. within written on Monday c. in the year within written the said I. R. within named first exacted was and appeared not this Writ so above indorsed to be delivered was by I. B. Esquire late Sheriff of the County within written my next Predecessor in his going out from his office as above upon the back of this writ And at my County c. as before Or thus This Writ so above indorsed together with the Writ of Oliver Lord Protector of c. of Supersedeas to it annexed to me delivered was by I. B. Esquire late Sheriff of the aforesaid County my next Predecessor c. If it be against a woman she cannot be said to be outlawed for the reasons I shewed before but waved so that the latter part of the return must be thus viz. Therefore according to law and custom aforesaid B. D. waved is By vertue c. at my County held on Monday c. the said year c. within written the aforesaid I. C. the fifth time exacted was and appeared not and for defect of N. B. and R C Coroners of the County aforesaid further thereupon to prosecute I could not By vertue c. and at my County c. and that there were not more Counties in the County aforesaid held from the day of the receipt of this writ to the day of the rerurn of the same wherefore nothing done is at present Or thus And therefore in the Execution of this Writ further to be done nothing acted is By vertue c. of my County aforesaid held on Monday c. in the year c. within written the aforesaid C. D. the fourth time exacted was and appeared and brought forth to me the Writ of his Highnesse the Lord Protector of the Commonwealth of c. of Supersedeas which to this Writ annexed is wherefore the execution of this Writ further to be done I have superseded altogether Or thus As in the foresaid Writ of his Highnesse the Lord Protector of c. of Supersedeas to me is commanded Or thus As to exact take outlawed or at all molest the within named I. R. by vertue of this Writ to the Justices c. within written at the day and place within contained I certifie that by vertue of a certain other Writ of his Highnesse c. to me directed to this annexed I have superseded altogether as by that Writ to me is commanded By vertue c. at my
County of Y. there held c. the aforesaid I. H. and the rest of the Defendants within named the fifth time exacted were at which day the aforesaid I. H. appeared and rendred himselfe to the prison of his Highness c. of the Castle of Y. whose body before the Iustices within written at the day and place within contained ready I have as within to me is commanded but the rest of the Defendants within named appeared not therefore c. as above And besides I. S. who hath rendred himself to the prison of c. of the Castle of Y. whose body before the Justices within written at the day and place within contained ready I have as this Writ exacteth and requireth And besides I. C. who dead is will not appear therefore by Judgement c. and the aforesaid T. C. waved is in presence of T. C. and F. W. Coronors of c. of the County aforesaid At the County c. 1. 2. 3. 4. exacted he was and hath appeared and rendred himself to the prison of c. of the Castle of Y. where so sick he is that fore fear of death him before the Justices within written at the day and place within contained have I cannot The Return of the Writ of Proclamation BY vertue of this Writ to me directed at my County of Y. held at the castle of Y. within written on Monday c. the year c. within written the first time to be proclaimed I caused And at my County of Y. held at the Castle of Y. aforesaid in the said County of Y. on Monday c. the year c. within written the second time to be proclaimed I caused as also at the general Sessions of the peace held at Skipton for the West riding of the said County within written on Tuesday viz. the 12. day of Sept. aforesaid the year c. within written publickly to be proclaimed I caused that I. C. and all other the Defendants within named themselves to render to the within named Sheriffs of London so that the same Sheriffs have their bodies before the Justices within written at the day and place within contained as this Writ exacteth and requireth The manner of proceeding upon the Writs of Recordare Pone Writ of False Judgment c. in the Common Pleas after removall out of the County Court YOu must repair to the County Clerk or his Deputy and demand a Return of the Writ of Recordare or Pone If upon the return the Defendant appear then must you declare and when your Declaration is drawn enter it upon a roll in one of the Prothonotaries offices and see that it be docqueted together with the number of the roll If the Writ be returnable in the begining of a term especially in issuable terms the Desendant is to answer the same term unless the Desendant hath Emparlance to plead until the following term Rules to answer must be entred in the Remembrance in the Prothonotaries Office entring in the Margent or over the head of the Rule that if the Defendant do not plead within some few dayes let Judgement be entred And if no plea be brought in within the time then may you sign Judgement with the Prothonotary in default of answer If the Defendant appear not upon the return of the Writ then may the Plaintiff have a Procedendo to carry the cause back again into the County Court If the Plaintiffs Attorney declare not against the Desendant upon his appearance within a reasonable time of the Term then may the Defendants Attorney enter a Rule in the Bill of Pleas against the Plaintiff to declare and if he declare not then may he enter a Non prosec and sign it with the Prothonotary and costs given for the unjust vexation If the Defendant plead generall issue then must the Attorney for the Defendant set his hand to the Doquet book of the Plaintiffs Attorney who draws up the plea and makes a Copy of the issue and delivers it to the Defendants Attorney and then they usually give notice of triall If the Defendant plead specially he is to bring it to the Plaintiffs Attorney under a Serjeants hand and if the Plaintiff reply specially it must likewise be under the Serjeants hand the like upon a Demurrer to a Declaration and Rejoynder in Demurrer If your triall be by Nisi prius at the Assizes in the Countrey and the Jury appeare not full upon the Pannel then may you require a Decem tales de circumstantibus viz. ten of the standers by to fill up the Jury or more or lesse as is requisite which Tales must be mentioned upon the return of the Postea and the Judgment upon it in the Issue Roll. Having entred your Declaration with the Issue joyned in the Prothonotaries Office then make out a Venire facias upon your Issue and get signed with the Prothonotary and seal it then get it returned by the Sheriff of the County where the action is laid and upon the return of it sue forth an Habeas corpora and deliver the same to the Sheriff to summon the Jury and get it returned before the Assizes In suing forth your Nisi prius ingrosse your Record according to the copy of the Issue made up and the entry of it upon the Roll in the Prothonotaries Office and examine it if it be upon an Issue joyned the same Term whose hand must be to it then carry the same to the Clerk of the Treasury to signe and make up the Record If the Issue was entred of a Term past then must you deliver the paper Book of the Issue to the Clerk of the Treasury to examine the same by the Roll and to make up the Record which must be signed by him then must it be sealed with the Lord chief Iustice of the Court and then deliver it together with the Hab Corp Iur. returned by the Sheriff to the Clark of the Ass for that County where it is to be tried paying the Judges Then retain Councel and have your witnesses ready for the trial The triall being had and verdict passing for your Client the next Term you are to call of the Clerk of the Assizes for a return of the Postea and thereupon the Prothonotor will assesse costs and cause Judgement to be entred upon which you may have Execution by Capias ad satisfaciendum Fieri facias or Elegit c. according as you desire and as the nature of the action brought doth allow or require Note that a Capias ad satisfac is only against the body who must be imprisoned until satisfaction be made and if the Defendant cannot be found the Plaintiff cannot have another Execution 20 E. 2. for he may chufe at the first whether he will have a Capias or an Elegit but if he take the Capias he shall not have the Elegit afterwards nec è converso 15. H. 7. 15. The Writ of Fieri
facias is onely against the goods as Leases for years or moveable goods as Corn Houshold stuffe Cattle Apparrel Money Plate c. and it ought to be sued out within the year after the Judgement Co. 3. 13. After a Fi. fa. a man may have an Elegit but on the contrary after the Elegit he cannot have a Fi. fa. because the Elegit is of a higher nature then the Fieri facias An Elegit is a Writ whereby the Plaintiff is to have Execution of the half of all the Defendants lands and chattels except Oxen and beasts of the Plough till the debt and damages be wholly levied and paid to him and during the term he is tenant by Elegit Terms of the Law The Proceedings upon the Writ of False Judgement YOu must call of the County Clerk for a return of the Writ together with the whole Record of all the proceedings from the original and beginning of the cause in the County Court The Writ being returned you must assign Errors and take Copies thereof and thereupon sue forth a Scire facias to the Plaintiff in the Action to hear Errors To which the Plaintiff may appear and plead the common plea which is that The action nor proceedings in the County Court are in nothing erroneous Then must the Desendant endeavor to get a Rule or day given for the arguing of the same Errors But if the Defendant doth delay and doth not call for a return of the writ nor proceed then the Plaintiff may sue forth another Scire facias against the Defendant to shew cause why he should not have Execution upon the Judgement had in the County Court And if at the Return of the second Scire Facias Errors be not assigned then Judgment is confirmed in that Court into which the Writ is returnable If Errors be found and allowed to be sufficient and good then is the said Judgment to be reversed and made void But if Errors be not found good then is the Judgment in the County Court affirmed and further costs for delay of Execution allowed to the Plaintiff who may presently sue forth Execution out of that Court into which the Writ was returned against the Defendant Note that if the Judgment be reversed and made void yet notwithstanding it takes not away the Plaintiffs cause of action for he may commence a new action against the Desendant for the same cause The same proceedings are upon an Accedeas ad Curiam See the Record upon it The manner and form of drawing up Records upon a Writ of False Judgment and Accedeas ad Curiam THe Sheriff is commanded that if A. B. shall secure the same Sheriff to prosecute his plaint then in his full County he cause to be recorded the plaint which was in the same County by writ of his Highnesse the Lord Protector c. between W. B. and the same A. B. in a certain Trespasse upon the case to the same W. B. by the same A. B. done c. And whereupon the same A. B. did complain that False Judgment was done to him in the same County and that he should have here at this day that is to say Octab. pur under his Seal and by four lawfull Knights of the same County who should be present at the Record and that he should have here the Summoners the names of the four Knights this Writ and another Writ And now here at this day came aswell the same A. B. by Simon Dunn his Attorney as the said W. B. summoned c. by Phit Prince his Attorney And the Sheriff to wit Geo. Mar. Esquire now returneth that the same A. B. had found to the same Sheriff Pledges to prosecute his said Writ to wit Iohn Doo and Ric Roo And that he by vertue of that Writ to him directed at his County held at the Castle of York in the County asoresaid the 10. day of May in the year of our Lord 1657. made the same plaint to be recorded which was in the same County between the same A. B. and W. B. and the Record of the same plaint before the Justices here at this day under his seal and the seals of H. M. and four lawfull Knights of the same County hath ready of those who were present at the Record And that he summoned the same W. B. that he should be here at this day to hear the Record by R. S. and F. L. as by the same Writ to him it was commanded c. which said Record followeth in these words OLIVER Lord Protector c. To the Sheriff of York greeting W. B. hath requested that A. B. of C. in your County husbandman although the same W. B. be our true and faithfull subject and as our true and faithfull subject from the time of his nativity hitherto hath carried and behaved himselfe and of good name and same among many of our saithfull subjects was noted called and reputed notwithstanding the same A. B. not ignorant of the premisses the same W. B. unjustly to vex and him of his goods name fame and opinion whereof from his nativity to deprive conspurgate And the same W. B. into perturbation vexation and infamy amongst his neighbours and many other saithfull subjects and people of this Commonwealth to induce plain salse and scandalous words of the same W. B. at C. in the presence of many faithfull subjects and people of this Commonwealth said published and pronounced in these English words following to wit W. B. the same W. B. meaning hath stoln my horse By speaking publishing and pronouncing which same words the same W. B. not only in his good name and same is hurt but also in his doings and businesses with honest persons with whom the same W. B. in buying selling and lawfull bargaining before used is much prejudiced and made worse to the no little damage and losse of the same W. B. c. And therefore we command you that you hear the said Plaint and afterwards cause the same to be with-drawn that we hear no more clamour thereof for defect of Justice Witnesse c. Pleas held at the Castle of York in the County of York upon Monday the second day of June in the year of our Lord 1657. AT this Court W. B. complaineth of A. B. in a plea of Trespasse upon the case W. B. by P. P. his Attorney complaineth of A. B. in a plea of Trespasse upon the case for that to wit that whereas the same W. B. is a good true and faithfull subject of this Common-wealth of England from the time of his nativity hitherto hath carried and behaved himself and of good name same credit and reputation honestly with good and grave men as well his neighbours as other saithfull subjects of the said Cōmonwealth was had noted called and reputed without any falshood thest perjury selony deceit or stain of any other fault or hurtfull crime unspotted and untouched by the whole time aforesaid carried
and governed himselfe Notwithstanding the said A. B. not ignorant of the premisses out of his meer and wicked malice preconceived indeavouring the name and same of the same W. B. to hurt detract make worse darken and utterly to destroy and also into perturbation vexation and insamy to lead and induce certain salse and scandalous words and lies of the same W. B. the 8. day of April in the yeare of our Lord 1656. at c. and within the liberty and jurisdiction of this Court in the presence and hearing of many faithfull subjects of the said Commonwealth said repeated and spread abroad in these English words following to wit W. B. meaning the same W. B. hath stoln my horse out of my Close which I will prove By pretext of speaking and spreading abroad of which said salse scandalous words the same W. B. not only in his good name and same is hurt but also in performance of his businesse with honest persons with whom the said W. B. in buying selling and lawfull bargaining is much hindred and damnified and also some subjects and people of this Common-wealth for that occasion will draw themselves from the company of the same W. B. and to converse with him or any wayes to intermeddle refused and yet do refuse whereupon c. damages to 39 l. And thereof he bringeth suit c. And the said A. B. by S. D. his Attorney cometh c. And saith that the said W. B. his action aforesaid against him ought not to have because he saith that he is not guilty of the speaking and spreading abroad of the words in the Declaration aforesaid specified nor of any part of them in manner and form as the said W. B. above against him complaineth And this c. Therefore according to the custom it is commanded to the Bailiff of the Weapentake of Ouze and Dar that c. that he cause to come before the Steward of the same Court at the next Court of the County aforesaid such a day 12. c. And that he then have there the same Precept together with the pannel of the names of the Jurors aforesaid the same day c. At which County Court held at the Castle of Y. aforesaid according to the custom before the Steward there upon Monday the 2. day of April came as well the same W. B. by his Attorney aforesaid as the same A. B. by his Attorney aforesaid c. and the same Bailiff of the Weapentake aforesaid returned the precept to him directed in all things served together with a Pannel of the names of the Jurors Annexed to the precept to wit in the same pannel are named L. M. N. R. c. to make a Jury between the parties aforesaid in the plea aforesaid who to speak the truth of the premisses being elected tried sworn say upon their oath that the said A. B. is guilty of the speaking spreading abroad of the said words in the said Declaration specified and they assessed the damages of the said W. B. by occasion of the speaking of the same words besides his costs and expences by him about his suit in this behalf laid out to 4 l. 5 s. for those costs expences to 8 d. Therefore at the same Court that the said W. B. should recover against the said A. B. his said damages by the Jury aforesaid in form aforesaid assessed and also 3 s. 8 d. for his costs and expences which said damages in the whole do amount unto 5 l. 17 s. 4 d. In witness whereof the seal of the Steward of the Court aforesaid is put Dated at the Castle of Y. the 12. day of March in the year of our Lord 1657. And hereupon the same VV. B. prayeth that the same A. B. may shew to the Court here and assign the defects wherein false Judgment is made in the said plaint if any be done to him whereupon the same A. B. saith that the same Record is vitious and much defective to wit in that it doth not appear by the Record before whom the first Court was held and in this that the said VV. B. by his Declaration did complain himself to be damnified and made worse to the value of 40 l. whereas by the law of the land that Court cannot hold plea of 40 s. In this also that the same Court held the 12. of March was held before the Steward whereas it ought to be held before the Suitors of the same Court and the Sheriff of the County for the time being so that the same Judgment was given Coram non Iudice Also in this that by the same Record it appeareth that the same VV. B. appeared by P. P. his Attorney and the same A. B. appeared by S. D. his Attorney but in the Record is not mentioned any Warrant of Attorney for the same VV. B. or for the same A. B. in the said plaint And to the same A. B. saith that divers manner of ways in the County Court aforesaid false Judgment is made to him in the said plaint And hereupon prayeth that the said Judgment for the said defects and others being in the same Record as false and erroneous may be adnulled and altogether taken for nothing And the same A. B. to the said 5 l. 17 s. 4 d. which the said A. B. by vertue of the same Judgment for his damages by occasion of the premisses recovered against him and unto all things which he by occasion of the same Judgment lost may be restored c. And the same W. B. saith that in the Record aforesaid there is no errour nor to the same A. B. in the same County Court held at the Castle of Y. aforesaid false Judgment is made in the same plaint and prayeth that the Justices here proceed to the examination of the same Record and to resorm and correct the false Judgment if any be found therein proved or can be made appear And because the Justices here will advise themselves of and upon the premises before they further proceed therein day is given c in Oct. pur to hear thereof what the Court hereof and upon the premises shall consider because the Justices hear thereof not as yet c. At which day here came aswell the said A. B. as the said W. B. by their Attorneys aforesaid And because the Justices here further will advise themselves of and upon the premisses aforesaid before they proceed further therein further day is given c. in Mens Pas to hear thereof what the Court hereof and upon the premisses aforesaid shall consider for that the Justices hear thereof not as yet c. If any errors and defects be found in the proceedings then will the Judgement be reversed and a Writ of Restitution awarded It was commanded the Sheriff if A. B. and C. D. should secure the same Sheriff of prosecuting their complaint then in his full County he should make to be recorded the plaint which was in
the same Court without Writ of his Highness the L. Protector between E. F. and the same A. B. and C. D. of the cattel of the same E. F. taken and unjustly detained c. And whereupon the same A. B. and C. D. complained false Judgement to be made to them in the same Court And that he should have that Record here at this day to wit in Octab. Hill under his seal and the seals of four lawfull Knights who should be present at the Record And that he summon by good summoners the said E. F. that he should be here at this day to hear the Record c. And now here at this day came as well the same A. B. and C. D. by S. D. their Attorney as the same E. F. by P. P. his Attorney and the Sheriff to wit G. M Esquire now returneth That the same A. B. and C. D. had found to the same Sheriff pledges to prosecute the said Writ to wit Jo. Doo and Rio. Roo and that he summoned the same E. F. to be here at this day by I. R. and I. S. honest c. The Sheriff also returneth that he by vertue of the same Writ to him directed in his full County holden at the Castle of Y. in the County aforesaid the 12. day of April last past caused the said plaint to be recorded and have the Record here at this day under his seal and the seals of L. M. M. R. honest and lawfull Knights of the same County of those who were present at that Record as by the said Writ it was commanded him the tenor of which Record followeth in these words Be it remembred that the 12. day of April in the year of our Lord. 1657. before G. M. Esquire Sheriff of the County aforesaid at the Castle of Y. in the same County of Y. came the same E. F. by P. P. his Attorney and complained against A. B. and C. D. of a plea wherefore they tooke the cattel of the same E. F. and them unjustly detained against sureties and pledges until c. And found to the said E. F. pledges to prosecute his complaint aforesaid and also for the returning of the cattel if the returning of them be adjudged by Law to wit Jo. Doo and Ric. Roo And then and there demanded due processe in Law against A. B. and C. D. thereof to be made c. Therefore according to the custom in the County aforesaid from the time whereof the memory of man is not to the contrary used and approved on the behalf of his said Highnesse the Lord Protector now It was commanded to I S. Bailiff of the Weapentake of W. and one of the Ministers of the said Sheriff of the County aforesaid that according to that custome he put by sureties and safe pledges the same A. B. and C. D. that they should be before me the said Sheriff at the next Court of the County aforesaid to wit at the aforesaid Castle of Y. the 12. day of April in the year c. abovesaid then next following to be held to answer the said E. F. in the plea aforesaid And the same day was given to the said E. F. then against the same A. B. and C. D. to prosecute the same plea. At which day here to wit at my next Court then held at the said Castle of Y. came the said E. F. by his Attorney aforesaid the same 12. day of April And the same I. S. Bailiff of the Weapentake aforesaid returned the precept aforesaid to him in form aforesaid directed in all things served and executed to wit that he by vertue of the same precept attached the same A. B. and C. D. by pledges to wit Jo. Den and Ric. Fen. to be here at this day to wit the same 12. day of April in form aforesaid as by the said precept to him it was commanded And the same A. B. and C. D. in full Court there being called came not but made default whereupon the same E. F. by his Attorney aforesaid prayeth processe further therein to be made upon the said complaint against the said A. B. and C. D. and hath it c. Therefore according to the custom of the County Court aforesaid it was commanded to the same I. S. Bailiff of the Weapentake of W. and one of the Ministers of the County Court aforesaid that according to the custom of that Court he distrain the same A. B. and C. D. by all their goods and chattels in his Bailiwick So that neither c. until c. And that they should be before me the said Sheriff at the next County Court to be held at the said Castle of Y. to wit the 10. day of May in the year abovesaid then next following to answer the same E F. in the same plea. The same day is given to the same E. F. here c. At which said next County Court aforesaid here to wit at the said Castle of Y. the same 10. day of May in the year abovesaid then held came as well the said E. F. by P. P. his Attorney asoresaid as the said A. B. and C. D. by S. D. their Attorney And the said A. B. and C. D. offered themselves against the said E. F. in the same plea. And the same E. F. complained thereupon and declared against the said A. B. and C. D. of a plea wherefore the same A. B. and C. D. the 4. day of March in the year c. at T. within the Jurisdiction of this Court in a certain place called the Hayes took the cattel to wit six calves of the same E. F. and them unjustly detained against sureties and pledges until c. Whereupon he then said that he was the worse and had damage to the value of 39 s. 11 d. and thereupon brought his suit c. And hereupon the same E. F. then and there put in his place the same P. P. his Attorney against the same E. B. and C. D. to gain or lose in the same plea here must be likewise awarrant of Attorney for the Defendant And thereupon the same A. B. and C. D. by S. D. their Attorney aforesaid then in the same Court demanded a Copy of the Declaration aforesaid and license thereof to imparl here until the next County Court before the said Sheriff to wit the 15. day of May in the year abovesaid then next following to be held at the Castle of York and then to answer c. And it is granted to them c. The same day is given to the same E. F. here c. At which said next County Court before the said Sheriff of the County aforesaid here to wit at the Castle of Y. aforesaid the 15. day of May in the year abovesaid came as well the said E. F. as the said A. B. and C. D. by their said Attorneys And it is said to the said Attorney of the said A. B. and C. D. by the Court here that he
same A. B. saith that the said Record is vicious and much defective and that false judgment is done to him in the said plaint in this that in the Record no mention is made whole that Court of the Honour of P. is and in this that no mention is made who is Lord of the said Court nor who are Suitors of the same and also in this that the Jury have not found that the said A. B. converted the same peece of Cloth to his proper use and so the same A. B. saith that divers ways in the said Court false Judgment is done to him in the said plaint And prayeth that the said Judgement for those divers errors and others being in the Record as false and erroneous may be revoked and taken for nothing And that he unto all which he by reason of the said false judgement lost may be restored And that the Justices here proceed to the examination of the premisses And because the Justices here c. SOME SELECT PRESIDENTS OF DECLARATIONS AND PLEADINGS Incident and belonging to this COURT Debt Executor against an Executor upon a Bill E. F. Executor of the last Will and Testament of I. F. deceased by vertue of a Writ of Iusticies to the Sheriff of the County aforesaid directed by I. S. his Attorney complains of M. VV. Executor of the last Will and Testament of R. VV. late of T. in the County Y. husbandman deceased otherwise called R. VV. late of T. of Y. Husbandman deceased of a Plea that he render unto him 7 l. of c. which he unjustly detains from him c. for that whereas the said R. VV. in his life time that is to say the 20. day of c. year c. at the Castle of Y. in the County of Y. and within the liberty and jurisdiction of this Court by his bill obligatory sealed with his Seal and here in Court produced bearing date the day and year abovesaid acknowledged himself to be indebted to the said I. F in his life time the whole and just sum of 7 l. of c. to be paid to the said I. F. his heirs executors administrators or assigns upon the third day of May next ensning the date of the said Bill and for the payment thereof the said R. VV. then and there bound himselfe his executors administrators and assigns Neverthelesse the said R. VV. in his life time though often thereunto required the said 7 l. to the said 1. F. whilest he was living hath not paid neither hath the said M VV. Executor of the last Will and Testament of the said R. VV. after his death paid the same to the said E. F. Executor of the last Will and Testament of the said I. F. to which said M. VV.'s hands came all and singular the goods and chattels which were the said R. VV.'s in his life time sufficient to satisfie all the debts which the said R VV. at the time of his death owed to any person or persons whatsoever as also to satisfie the said E. F.'s debt but the said R. W. whilst he lived refused to pay the same to the said I. F. in his life time and the same M. W. likewise after the said R. W.'s death refused to pay the same to the said E. F. after the death of the said I. F. and still refuseth so to do and unjustly detains the same by reason whereof the said E. F. saith he is damnified 10 l. and thereupon produceth this suit c. And the said E. F. produceth here in Court the said letters testamentary by which it appears the said E. F. to be Executor of the last Will and Testament of the said I. E. deceased c. Vpon a Bill to be paid at the day of marriage and issue upon it T. N and E. his wife Administratrix of the goods and chattels which were of I. B. deceased complains by S. D. his Attorney of I. H. of C. in the said County Gent of a Plea that he render unto them 5 l. which he unjustly detains c. for that whereas the said I. H. such a day year and place by his certain bill obligatory with his seal sealed and here in Court produced the date whereof is the same day and year For and in consideration of one Gold-ring with a certain Stone called a Diamond in the same Ring fixed of the aforesaid T. B. in his life time received the day of the making of the aforesaid bill did acknowledge and grant to and with the aforesaid T. B. in his life time that he the said I. H. his executors or assignes would pay or cause to be paid to the aforesaid T. B. his Executors or assignes for the same Ring at such a day and time as he the said I. H. should be wedded or married or at any other time after his marriage whensoever he should be required by the aforesaid T. B. his Executors or assignes or by him that should bring the said bill the said sum of 5 l. to his or their use the aforesaid time to be paid and the same T. N. and E. in fact say that the aforesaid I. H. after the making of the said bill to wit such a day year and place within the Parish Church of H. did take to wise one I. D. by which the action did accrew unto the said T. R. in his life and to the said E. after the death of the said T. B. whilst she was sole and to the said T. N. and E. after espousals between them celebrated to require and have of the aforesaid I. H. the same 5 l. Yet the aforesaid I. H. although often required the aforesaid 5 l. to the aforesaid T. B. in his life time or to the aforesaid E. whilst she was sole to whom the administration of all the goods and chattels which were of the aforesaid T. B. the time of his death such a day year and place was committed to the aforesaid T. N. and E. after espousals between them celebrated hath not rendred but the same to render to them hath denied and the same to them the said T. N. and E. as yet to render doth deny and unjustly detain whereupon they say they are damnified and have damage to the value of 10 l. and thereupon they bring their action c. And they bring into Court here the letters of administration c. The Defendant pleads that he was within age at the time of the making of the Bill AND the aforesaid I. F. by R. B. his Attorney comes and defends the force and injury when c. and sayes that the aforesaid N. and E. ought not to have their action aforesaid against him because he saith that he at the time of the making of the Bill aforesaid was within the age of one and twenty years and this he is ready to aver whereupon he demands Judgment whether the aforesaid T. N. and E. ought to have their action aforesaid against him c.
Replication ANd the aforesaid T. N. and E. say that they by any thing before alledged ought not to be debarred from having their action aforesaid against the said I. H. because they say that the aforesaid I. H. at the time of the making of the bill aforesaid was of the full age of one and twenty years and not within age as the aforesaid I. H. hath above alledged and this they pray may be inquired of by the Countrey and the aforesaid I. H. in like manner Therefore c. Vpon retainder for suing of Horses c. A. B. by S. D. his Attorney complains of C. D. of a plea c. for that whereas the aforesaid C. D. such a day and year at S. c. retained the said A. B. to set on upon the horse feet of the aforesaid C. D. forty new Horse-shooes and to remove forty horse-shooes and to mend one pair of plough-Irons and to make one fire-shovel to take of the said C. D. for the setting on of the aforesaid forty new Horse-shooes and forty removes 21 s. and so of the other parcel to contract to be paid to the said A. B. when he should be thereunto required by vertue of which retainer the said A. B. the said forty new Horse-shooes and forty removes upon the Horse-feet of him the said C. D. did set on c. by which action accrewed c Hill 37. Eliz. Rot. 517. Vpon an account E. B. complains of T. A. of a plea that he should render unto him 12 l. of c. which she owes and unjustly detains from him for that whereas the third day of May 1651. at c. the said E. B. and the said T. A. accompted together for and concerning divers sums of money then and before that time due and owing by the said T. A. unto the said E. B. and upon that accompt the said T. A. then and there did acknowledge himself to be in arrear and owing unto the said E. B. the sum of 12 l. to be paid unto the said E. B. when he the said T. A. should be thereunto requested Yet notwithstanding c. Money lent by joynt partners for a certain time and to be paid to the Survivor R. K. by c. complaineth of W. A. upon a Plea that he render unto him 20 s. of lawful English money which he oweth unto him and unjustly detaineth c. For that whereas the last day of February 1651. at the Castle c. the said R. K. and one R. W. now deceased being joynt partners of moneys and other commodities did lend unto the said W. A. 3 l. of lawfull c. to be paid to them or the Survivor of them on Easter Monday then next following of which said 3 l. the said W. A. paid to the said R. K. and R. W. in his life time the sum of 40 s. and there then remained unpaid the sum of 20 s. since which and about the Nativity of Christ 1652. the said R. W. died and the said R K him survived wherby action doth acrew to the said R. K alone to have and demand of the said W. A. the said 20 s. notwithstanding the said W. A. though often thereunto requested the said 20 s. to the said R. K. hitherto hath not rendred but the same to render hitherto hath refused and yet doth refuse whereupon the said R. K. saith that he is worse and hath damage to the value of 39 s. and 11 d. And thereupon produceth this suit For Rent in arrear R. M. by c. complains of H. D. of a Plea that he render unto him 30 s of c. which he owes unto him and unjustly detains from him For that the same R. M. the 10 day of Apr. c. year c. at the Castle c. demised granted and to farm let unto the said H. D. one Cottage or dwelling house one garth and four acres of arable land Meadow or Pasture with the appurtenances be they more or lesse lying and being at W. in the County oforesaid to have and to hold the said Cottage or dwelling house garth and arable land Meadow or Pasture with the appurtenances unto the said H. D. and his assigns from the Annunciation of the blessed Virgin Mary commonly called Lady day then next past for and during the term of three years then last following fully to be compleat finished and ended yielding and paying therefore yearly rent for the said premisses to the said R. M. for the first year of the said 3 years the rent of 3 l. present money and in hand to be paid to the said R. M. and 3 l. 10s of c. yearly to be paid to the said R. M. for the other two years residue of the said term at the feast of S. Michael the Archangel and the Annunciation of the blessed Virgin Mary by even and equal portions By vertue of which demise the said H. D. entred into the said Cottage or dwelling house and was and still is possessed of the same and because 35 s. for the half year rent ended at the feast of S. Michael the Archangel in the year c. is in arrear and unpaid unto the said R. M. therefore an action doth accrew to the said R. M. to have and demand of the said H. D. the said 35 s. nevertheless the said H. D. although he hath been often required the said 35 s. the same to the said R. M. he hath hitherto denyed to restore and pay and as yet doth deny to restore and pay to the damage of the said R. M. of 39 s. And therefore he brings this Suit c. For Seruants wages A W. by c complains of R. S. of a Plea that he render unto him 24 s. of c. which he ows unto him and unjustly deteynes from him For that whereas the said J. D. that is to say the day year c. at the castle c. retained the said A. W. to serve the said I. S. in the place of a Man-servant till the Feast day of St. Martin the Bishop in Winter then next to do and execute the lawfull occasions and commands of the said I. S. by the time aforesaid paying the efore the said A. W. 12 d. of c. which the said I. S. then and there paid to the said A. W. and also 24 s. more of c. for his sallary during the said time at the said Feast of St. Martin in the year c. aforesaid And the said A. W. in fact saith that he according to the said retainder did serve the said I. S. in the place of a man-servant and did and executed the lawfull commands and occasions of the said I. S. by the time aforesaid and that 24 s. for his salary for his said service by the time aforesaid due at the Feast of St. Martin the Bishop in Winter in the yeare c. above mentioned is yet arrear and unpaid by the said I. S.
to the said A. W. by which an action accrews to the said A. W. to have and require of the said I. S. the said 24 s. Neverthelesse the said I. S. though often required c. For not setting forth of Tythes R. H. Farmer of all and singular the tythes of hay growing within the Parish of F. in the County of Y. by vertue of a Writ of justicies by R. N. his Attorney complains of T. W. upon a Plea that he render to him 6l of c. which he oweth to him and unjustly detains For that whereas the said T. L. the day yeare c. at F. aforesaid in the County aforesaid c. was possessed and occupied of and in four acres of Medow in F. aforesaid and Parish aforesaid and being so possessed he the said T. W. did then and there cut down the grasse growing in and upon the said four acres of Meadow and two loads of hay there coming to the value of 40 s. then and there did take and carry away before he the said T. W. had set out and severed the tythes or tenth part thereof from nine parts of the same or agreed for the said tythes or tenth part thereof which the said R. did against the form of the Statute in the 5th yeare of E. 6. in such like case made and provided VVhereupon action doth acrew to the said R. H. to have and demand of the said T. VV. the said 6l that is to say the treble value of the said hay so carried away Yet notwithstanding the said T. VV. though often requested c. Vpon an Award R. H. by vertue c. by E. B. his Attorney doth complain of H. S. of a Plea that he render unto him 10 l. of c. which he oweth him and unjustly detaineth c. For that whereas the 25th day of A. in the yeare c. at the Castle c. it was concluded and agreed betwixt the said H. S. on the one party and the said R. F. on the other party that they and both of them should stand and abide the order doom and Judgement of I. D. and M. L. of all and every the suits troubles differences debts trespasse or whatsoever hath formerly been in any kinde of dealing betwixt them two from the beginning of the world to the day of the date of the said writing being the said 25. day of A. or else one or either party not standing thereto to forfeit to the other parties the sum of 10 l. of c. And for confirmation thereof they did both of them set to their hands and seales the day and yeare first above written at the Castle aforesaid c. as by the writing thereof ready to be shown to this Court may appear And whereas afterward that is to say the day yeare c. at the Castle c. the said I. D. and M. L. taking upon them the charge of the premisses by their order in writing bearing date the same day and yeare last above mentioned and here in Court to be shown did arbitrate order and award that the said R. F. should deliver to the said H. S. one parcell of starch then into the hands of the said R. F. and the bag wherein the starch is put affirmed to be the goods of the said H. S. upon the sight of the said Order And further they did thereby order and award that the said H. F. should pay or cause to be paid to the said R. R. upon the sight of this order the sum of 50 s. of c. And that all those suits debts trespasses or debates whatsoever from the beginning of the world until the said 25. day of April the yeare c. should utterly cease and have an end or else the party not standing to the same to forfeit as in the said Order is expressed the sum of 10 l. as by the said award sealed the said day year c. by the said Arbitrators and here in Court ready to be shown may appear And the said R. F. in fact saith that though he hath performed all things in the said award on his part to be performed Yet the said H. S. hath not performed any thing in the said award on his part to be performed And namely for that the said H. S. hath not paid to the said R. F. upon the sight of the said Order being the day yeare c. at the Castle c. the sum of 50 s. of c. whereby action doth accrew to the said R. F. to have and demand of the said H. S. the said 10 l. The said H. S. notwithstanding though often thereunto requested the said 50 s. to the said R. F. hath not yet paid but the same to pay c. For Attorneys Fees R. A. Gentleman c. by T. S. his Attorney doth complain of W. P. of a Plea that he do render unto him 1 l. 17 s. 2 d. of c. which he doth owe unto him and unjustly detains from him For that whereas the said W. P. the day yeare c. at the Castle of Y. did retaine him the said R. A to be the Attorney of him the said W. P. in the County Court holden at the Castle of Y. in the County of Y. before the suitors of the same Court to prosecute as the Attorny of him the said W. P. for him the said W. P. in a certain Action in the name of him the said W. P. against one T. C. of a Plea of Debt from the said day and yeare c. so long as should please both parties taking for his fees and paines in that behalfe sustained every Court day in which he the said R A. should be the Attorney of him the said W P. in the said cause 2 s. of lawfull c. besides his other reasonable charges and expences by him the said R A. in and about the prosecution of the said action to be laid out By vertue of which said retainer the said R A. was the Attorney of him the said W. P. for eight Court dayes then next following and that he did lay out to the Clark and other Offices of the said Court in and about the prosecution of the said suit 1 l. 1 s. 2 d. of c. which together with the 16 s for his fees for the said Court dayes doth in all amount to 1 l. 17 s. 2 d. of c. By reason whereof an action doth accrue to the said R A. to have and recover of him the said W P. the said 1 l. 17 s. 2 d. yet the said W P. although often requested the said c. to the said R A. he hath not rendred but to render the same to him he hath altogether hitherto refused and doth yet refuse to the great damage of him the said R A. Whereupon he saith that he is damnified and hath damage to the value of 35 s. And thereupon he brings this suit c. Vpon a Lease for Tythes W.
T. by E B. his Attorney complains of R R. of a plea that he render unto him 20 s. of c. which he oweth unto him and unjustly detaineth from him c. For that whereas the said W. T. the 11th day of November in the yeare c. at c. being then Farmer of the Rectory of for one yeare then next following did let unto the said R R. all the Tythes of Corne being of and on six acres and three roods of arrable Land being part of the Land of O P. in VVeatherby aforesaid and parcell of the said Rectory for 20 s. of c. to be paid to the said VV T. in manner and forme following that is to say 12 s upon the Feast of St. Marke the Evangelist then next following and the other 8 s. upon the Feast of St. Martin the Bishop in Winter then next following Yet notwithstanding the said R. R. though often thereunto requested the said 20 s. to the said W T. hath not yet rendred but the same to render hath contradicted and yet doth contradict Whereupon the said W. T. saith that he is worse and hath damage to the value of 30 s. And thereupon produceth suit c. Vpon a Bond where one is bound to two and one dyes before the commencement of the Suit J. P. by vertue of a VVrit of Justicies c. complains of M. M. of S. yeoman otherwise called M. M. of S. Yeoman of a plea that he render unto him 40 l. of c. which he oweth to him and unjustly detaineth from him c. For that whereas the said M. M. the second day of May in the yeare c. at c. by his certain writing obligatory sealed with his seale and here in Court produced the date whereof is the day and yeare abovesaid did grant himselfe to owe and to be firmly bound unto the said I. P. and E. G. late of the City of Y. deceased in the sum of 40 l. to be paid to the said I. P. or E. G. or either of them when he should be thereunto requested which said E. G. afterward and before the commencement of this suit dyed and the said I. P. him survived and outlived by which action doth accrew to the said I. P. to have and demand of the said M. M. the aforesaid sum of 40 l. Notwithstanding the said M. M. though he hath beene often requested the said 40 l. unto the said E G. hath not rendered nor to the said I. P. since the death of the said E. G. hath not rendered but to render c. Another upon the same I. H. by vertue c. complains of VV. H. of L. otherwise called c. of a plea that he render unto him 20 l. which to him he oweth and unjustly detaineth c. For that whereas the said VV H such a day and yeare at c. by his writing obligatory did acknowledge himselfe to be bound to the said I. H. and one M. H. now dead whom the said I. H. hath survived in the aforesaid 20 l. to be paid unto the said I. H. and M. H. or either of them when he should be thereunto requested Yet the said VV. H. although often requested the aforesaid 20 l. to the said I. H. and M. H. or either of them in the life-time of the said M. H. or to the said I. H. after the death of the said M. H. whom c. hath not rendered but the same to them to render hath denyed and the same to the said I. H. yet to render doth deny Whereupon he saith that he is made worse and hath damages to the value of 30 l. And thereof he bringeth his suit c. And bringeth here into the Court the writing aforesaid which testifieth the said debt in manner aforesaid the date whereof is the day and year abovesaid Vpon a Bond for an Executor against Sisters as Co-heires one of them being married T. P. Executor of the Testament of VV. P. by Writ c. complains against R. M. late of L. Knight and A. his wife and L B. late of L. Spinster daughters and co-heirs of C B. Gent. lately called C B. c. of a plea that they render unto him 80 l. which from him they unjustly detain c. For that whereas the said C B. Father of the aforesaid A. and L. whose heirs they are in his life time the 10th day of June c. at c. by his writing obligatory did acknowledge himselfe to be bound to the said W. P. in his life time in the aforesaid 80 l. to be paid unto the said W. P. when he should be thereunto requested And to the same payment well and faithfully to be made the aforesaid C. B. hath bound himselfe and his heires by the same writing Yet the said C. B. in his life time and the aforesaid A. and L. daughters and co-heirs of the said C. B. after the death of the said C. B. whilst they were sole and the said R. and A. and L. after the Marriage between them the said R. and A. celebrated although often requested the aforesaid 80 l. to the said W. P. in his life time or to the said T. P. after the death of the said VV. P. have not rendred but the same to them to render have denyed and the aforesaid R. and A. and L. the same to the said T. P. yet to render doth deny and unjustly detaine whereupon he saith that he is made worse and hath damage to the value of 10 l. And thereof he brings his suit c. And he bringeth c. as in another upon a Bond for an Executor c. Vpon a Bond against an Administrator for an Administrator during the minority of the Executor of an Executor W. T. E. his Wife Administratrix of the goods and Chattels which were of E. A. of H. late of Executor of the Testament of E. A. of T. by Writ c. complains against M. C. c. Administratrix of the Goods and Chattels which were of R. C. who dyed intestate c. lately called R. C. of T. in the County of Yo. Gentleman of a plea that she render unto them 40 pounds which from them shee unjustly deteyneth c. For that whereas the sayd R. C. in his life time the fourth day of January c. 1649. at Y. by his certaine writing obligatory did acknowledge himselfe to be bound to the said E. A. of T. in his life time in the aforesaid 40 pounds to be paid unto the said E. A. when he should be thereunto requested Yet the said R. C. in his life time and the aforesaid M. C. after the death of the said R. C. to whom the Administration of all the Goods and Chattels which were of the said R. C. at the time of his death at Y. aforesaid after the death of the said R. C. was committed although often requested the aforesaid 40 pounds to the said E.
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
money numbred one pair of c. to the value of c. by the negligent custome of him the said P. M. then and there lost were taken and that he the said G. B. those moneys goods and chattels last mentioned from thence until the day c. to wit such a day and yeare hath not received nor had although the said P. M. by him the said G. B. afterwards to wit such a day and year hath often been required to deliver to him the said G B. the moneyes goods and chattels aforesaid so as aforesaid lost Whereupon the same G. B. saith that he is damnified c. For Coales promising to pay so much as they should reasonably be worth I. I. by c. complains of R. R. of a Plea of Trespasse upon the case c. for that whereas the said R. R. the day year c. at the Castle c. In consideration that the said I. I. at the request of the said R. R. had bargained and sold unto the said R. R. eleven wains loads of coales he did assume upon himselfe and to the said I. I. then and there saithfully promise that he the said R. R. so much as the said eleven waines loads of coales should be reasonably worth unto the said I. I. when he should be thereunto requested would well and saithfully pay and content And the said I. I. in fact saith that the said eleven wains loads of coals was reasonably worth thirty three shillings of c. Yet notwithstanding the said R. R. not regarding his promise and assumption aforesaid but subtilly and craftily intending to defraud and deceive the said I. I. in the premisses although he hath been often requested the aforesaid thirty three shillings unto the said I. I. he hath not paid but the same unto him to pay altogether hitherto he hath refused and as yet doth refuse contrary to his promise and assumption aforesaid to the great damage of the said I. I. whefore he saith he is worse and hath damage to the value of thirty nine shillings And thereupon produceth suit c. For a Horse sold warranted to be sound W. M. by R. B his Attorney complains of R. K. of a plea of Trespasse upon the case That whereas the said W. M. the day and year c. at the Castle c did buy of the said R. K. one black Gelding for five pounds of c. he the said R. K. then and there did warrant the said Gelding to be whole sound and not insected with any disease or infirmity and the said W M. in fact saith that the said Gelding was then so insected with the glaunders and divers other diseases and infirmities as the said Gelding was nothing worth to the said W. M. to the damage of the said W. M. of thirty nine shillings And thereupon he brings this action c. For a Horse lent promising to redeliver him c. I. R. complains of I. A. of a Plea of Trespasse upon the Case c. That whereas the said I. A. the day year c. at the Castle c. In consideration that the said I. R. then and there at the instance and request of the said I. A. had lent and delivered unto the said I. A. one Bay Nag of the price of six pounds to be redelivered to the said I. R. when after that he should be thereunto requested the said I. A. assumed upon himself and to the said I. R. then and there faithfully promised that he the said I. A. the said Bay Nag unto the said I. R. when after he should be thereunto requested would faithfully restore and deliver and also 12 d. of c. for every day wherein the said I. A. should labour or ride the said Nag to the said I. R. when after that he should be thereunto requested well and faithfully would pay and content And the said I. R. in fact saith that he the said I. A. forty dayes did labour or ride the said Nag Nevertheless the said I. A. his promise and assumption aforesaid not regarding but craftily and subtilly intending to defraud and deceive the said I. R in the premisses although the day year c. abovesaid as also at divers dayes and times after that and before the Commencement of this suit at the Castle c. he hath often been requested to deliver the said Nag to the said I. R. But the said Nag to restore or deliver to the said I. R. he hath not delivered and the same to restore or deliver he hath altogether refused and yet doth refuse no nor 40s for the labour or hire of the said Nag the said forty dayes to the said I. R. hath not paid but the same to pay he likewise hath refused and still doth refuse contrary to his promise and assumption aforesaid to the great damage of him the said I. R. of c. For adgysting of Beasts T. B. complaines of I. S. upon a Plea of Trespasse upon the Case For that whereas the day year c. at the Castle c. In consideration that the said T. B. at the speciall instance and request of I. D. in his life time would depasture and feed two Oxen of the said I. D. in the ground of the said T. B. in A. within the said County c. From the said day year c unto the end of one month next following he the said I. D. in his life time did assume upon himself and to the said T. B. then and the faithfully promised that the said I. D. as much as the said depasturing and seeding should be reasonably worth to the said T. B. when he the said I. D. should be thereunto requested well and truly would content and pay And the said T. B. in fact saith that he from the said day year c. unto the end of one month then next folowing did depasture and feed the said two Oxen of the said I. D. in the said ground of the said T. B. in A. aforesaid and that the said depasturing and feeding was reasonably worth 12 s. of c. Yet notwithstanding the said I. D. in his life time and the said I. S. after the death of the said I. D. the promises and assumptions of the said I. D. not regarding but endeavouring and fraudulently intending the said T. B. in this behalf craftily and subtilly to deceive and defraud the said 12 s. or any penny thereof to the said T. B. as yet hath not paid nor for the same any way contented but the same to pay the said I. D. in his life time and the said I. S. after his death hath refused and as yet doth refuse although the said I. D. in his life time afterwards that is to say the day year c. at the Castle c. was thereunto requested whereupon the said T. B. saith he is worse and hath damage to the value of 30 s. and thereupon produceth suit c. For curing a Wound
A. S. complains of W. H. in c. For that whereas the said W. H. the day year c. at the Castle c. being then and there fore wounded in his throat and back with the stab of a knife In consideration that the said A. S. at the special instance and request of the said W. H. would to the best of his art and skil of a Chirurgeon endeavour to cure the wound of the said W. H. and take pains and labour therein he the said W. H. did assume upon himselfe and to the said A. S. then and there faithfully promised that he the said W. H. so much as the said endeavour labour and paines of him the said A. S. to cure the said wounds of the said W. H. and his charges and paines therein should be reasonably worth unto the said A. S. when he should be thereunto required would well and faithfully pay and content And the said A. S. in Fact saith that his endeavour labour and paines to cure the said wounds of the said W. H. and his charges therein was reasonably worth 30 s. of c. Notwithstanding the said W. H. not caring for his promise and assumption but endeavouring and fraudulenly intending him the said A. S. in this behalfe craftily and subtilly to deceive and defraud c. For a Labourers hire M. R. complains of G. N. in an c. for that whereas the said G. N. the day yeare c. at c. In consideration that the said M. R. then and there at the request of the said G. N. would cut downe certaine whins of the said G. N. then growing and being in a Close called the O. lying in the Township of H. in the County aforesaid and make the same whins into whin-kids or faggots the said G. N. assumed upon himselfe and to the said M. R. then and there faithfully promised that he the said G. N. as much as would please or content him the said M. R. for his work and labour in cutting down and kidding the said whins in the Close aforesaid as long as the said M. R. should so worke and labour for the said G. N. when afterwards that he should be thereunto requested would well and faithfully pay and content And the aforesaid M. R. doth aver and say that accordingly he did cut down and kid whins for the said G. N. in the Close aforesaid by the space of one whole day then next after and that he well deserved 12 d. of c. for his wages for his day-work and labour and that 12 d. is a reasonable summe to please and content him for his said day-work and labour in cutting down and kidding of the said whins as aforesaid yet notwithstanding the aforesaid G. N. his promise and assumption aforesaid little minding or regarding but craftily and subtilly intending to deceive and defraud the said M. R. in the premisses although c. In consideration that the Plaintiff would deliver unto one E. L. certain Mercery wares if he did not pay for them the Defendant would P. B. Esquire by vertue of a Writ c. doth complain of H. S. of an action c. for that whereas the day year c. at the Castle c. In consideration that the said P. B. being then and yet a Mercer of the City of Y would deliver unto E L. for the use of the said E L. such parcels of Mercery wares as he the said E L. should take up and receive of the said P B. he the said H S. did assume upon himselfe and to the said P B. then and there did faithfully promise that if the said E L. should not pay and satisfie the said P B. for the said wares at such rates and prizes as the said E L. and the said P B. should agree upon that he the said H S. would well and truly pay and satisfie unto the said P B. all such moneys as the said E L. and P B. should agree upon for the rates and prizes of the said wares betwixt the said day yeare c. and May day then next after And the said P B. in fact saith that afterwards that is to say the day c. and year aforesaid at the Castle c. aforesaid the said E L. did take up and receive of the said P B. Mercery wares hereafter following that is to say seven yards of black Flaunders-searge for 38 s. and five yards of Italiana for 26 s. of lawful c. both which rates and prizes were then and there agreed upon between the said E L. and the said P B. and did amount to the sum of three pounds and four shillings of c which said sum of c. or any penny thereof the said E L. hath not yet paid or satisfied to the said P B. Notwithstanding the said H. S. his promise and assumption aforesaid not regarding but endeavouring c. Slander for calling the Plaintiff Thief c. E. R. complains of G. S. of a plea c. Whereas the said E. R. is a good true saithfull and honest member of this Common wealth of England and of a good name report credit conversation condition reputation and esteem as well amongst his neighbours and faithful members of this Common-wealth as also other honest persons to whom the said E. R. hath been known from the time of his birth and hath been noted esteemed and reported and without any stain blemish or suspition of theft falshood deceit fraud or of any other notorious crime he hath carried and behaved himselfe all his life time free untouched and not in the least wise suspected Neverthelesse the aforesaid G. S. not being ignorant of the Premisses but out of his meer malice evilly intending not onely the good name report opinion credit esteem and reputation of the said E. R. to hurt wound detract and utterly to destroy but also to bring the said E. R. into trouble vexation infamy the day year and place c. in the County aforesaid false feigned malicious and scandalous words to the said E. R of the said E. R. in the presence and hearing of many honest and credible men openly and publiquely did speak and publish in these words following Thou meaning the said E R. art a Thief and I meaning the aforesaid G. S. will prove thee meaning the said E. R. a Thief and a horse-stealing thief from thy cradle By reason and means of which false feigned scandalous and malicious words declared and published as aforesaid the aforesaid E R. is much hurt wounded and damnified in his good name report credit and reputation aforesaid in which before that time with very many honest and faithfull members of this Common-wealth he was reputed and also the said E. R. into great discredit suspition and infamy with many faithfull and honest persons is thereby induced and brought so that divers persons who before that time did accompany respect and much esteem the foresaid E. R.
themselves from the company and society of the said E. R. do now withdraw and absent themselves and further with the aforesaid E. R. to intermeddle buy sell or commerce have altogether refused and still do refuse to the great damage of the said E. R. of 30 s. And therefore he hath brought this suit c. For slanderously calling the Plaintiffe Bankerupt E. B. complains of E. M. in a Plea of Trespasse upon the Case For that whereas the said E. B. a good true faithful and honest member of this Common-wealth and like a good honest and faithful member of the said Common-wealth now and from the time of his Nativity hitherto without any spot or suspition of deceit corruption bankrupt or fraud or any one of them hath carried behaved and governed himselfe and of good name fame credit and estimation trust and carriage of great substance of riches alwayes hitherto hath been reported and held and honestly justly and faithfully in all his intermissions and businesses with whomsoever had and made throughout the whole time aforesaid himselfe hath carried and behaved And whereas he the said E. B. the day yeare c. and by the space of ten yeares last and continually afterwards hitherto the art mystery or faculty of an Apothecary of the said City of Y. exercised and used his living and maintenance of himselfe and his Family by exercising amd using the art mystery or faculty through the whole time aforesaid well plentifully and sufficiently had gotten and gained and also divers great sums of money by lawfully buying and selling merchandising and bargaining upon his credit of divers wares and other things belonging to the art mystery or faculty of him the said E. B. to the better maintenance of him and his Family and to the great increase of his riches justly and honestly through the whole time aforesaid had obtained and all and singular sums for what things or merchandizes whatsoever by him or of any other persons throughout the said time upon credit had bought or received or by any way due he the said E. B. to any such person to him the said E. B. so giving credit according to the contract and agreement betwixt them concorded and made without fraud or delay had paid by the parcell of which said premisses and also by reason of his honest carriage towards all persons he the said E. B. the chief credit and good opinion amongst all his neighbours and amongst very many honourable persons and other people of the said Common-wealth to whom he was known he deservedly had and gained to himselfe The said E. N. notwithstanding not ignorant of the premisses but the hap and condition aforesaid of the said E. B. maliciously devising imagining and fraudulently intending the said state name fame credit trust and estimation of the said E. B. to hurt deprive and to cause him the said E. B. to fall into want discredit and poverty and to be accepted and reputed of such an evill carriage and also for a Banckrupt and a man of no credit amongst all the faithfull members of this Common-wealth that they all from the company of him the said E. B. as from the consort of a Banckrupt person or man worthy of no credit might altogether withdraw themselves and forbear with the said E. B. to bargain sell or deale they might altogether give over afterwards to wit on the day yeare c. aforesaid at Y. aforesaid these false scandalous and opprobrious English words following of him the said E. B. in the presence and hearing of divers faithfull members of this Common-wealth then and there present and hearing falsly maliciously and scandalously with a loud voyce said proclaimed pronounced and published to wit E. B. meaning the said E. B. Plaintiffe is a Rogue and a Banckrupt and I meaning himself the said E. N. now Desendant will prove him one By reason of the speaking and proclaiming of which said false scandalous and opprobrious words he the said E. B. not onely in his good name fame credit trust and estimation aforesaid is greatly hurt and scandalized but also hereby doth stand deprived and utterly spoiled that his said neighbours and other faithfull members of this Common-wealth with him the said E. B. to buy merchandize bargain or any way to meddle or deal do altogether distrust and refuse him the said C. D. for a consumer waster and detayner of other mens riches and estates they repute and suppose him to be by the said E. N. not onely in exercising and maintaining of his art mystery or faculty is very much hindered and his estate and substance is very much weakned and consumed but also hath been constrained and compelled to lay out and spend divers great sums of money in clearing himselfe of the premisses aforesaid laid upon him for the recovering of his good name fame credit trust and estimation aforesaid Whereupon the said E B. saith that he is made worse and hath damage to the value of 200 l. And thereupon produceth this suit c. In consideration that the Plaintiffe would marry E. R. the Defendant promised to make him worth 200 l. W. P. c. complains of P. W. of a Plea c. That whereas the day yeare c. at the Castle c. there was a communication between the said W. P. and the said P. W. of and concerning the said W. P. taking to Wise one E. R. the daughter of one S. R. of c. County c. the said P. W. in consideration that the said W P. at the speciall instance and request of the said P W. according to the Laws and customes of England by the consent of the said S R. would marry and take to wise the said E R. upon himselfe did assume and to the said W P. then and there did faithfully promise that he the said P W. would make him the said W. P. worth 200 l. of c. and better immediately after the solemnization of the marriage of the said W P. and the said E R. And the said W P. indeed saith that in hopes of the performance of the promise and assumption of the said P VV. and at the speciall instance and request of the said P. VV. afterwards that is to say the day year c. at c. aforesaid the said VV P. according to the Lawes and customes of England by the consent of S R. did marry and take to wife the said E R. Neverthelesse the said P W. little regarding his promise and assumption aforesaid but contriving and fraudulently intending craftily and subtily to deceive and defraud the said W P. in this behalfe hath not made the said W P. worth 200 l. and better albeit afterwards that is to say the day year c. at c. aforesaid by the said W P. he hath been thereunto required but hath hitherto refused to do the same and still doth refuse to his damage of c. For stopping up of anothers light for depriving
him of ayre and the passage of raine T. P. c. complains of A B. c. of a plea of Trespasse upon the Case for that whereas the said T. P. for the space of seven years now last past hath been and yet is seised of one ancient Messuage with the Appurtenances in S. aforesaid in his Demesne as of Fee in which Messuage the said T P. and his Family all the time aforesaid have dwelt and yet do dwell And also whereas the said A B. for the space of three yeares now last past hath been and yet is possessed of one other Messuage with the Appurtenances in S. aforesaid lying next and contiguous to the said Messuage of the said T P. on the West side of the same Messuage of the said T P. And also whereas in the said West-side of the said Messuage of the said T P. time out of minde there hath been and yet are two ancient Windowes parcell of the said Messuage of the said T P. Through which windowes not onely light hath used to shine into the said Messuage to enlighten it but also wholsome ayre hath used to passe into the said Messuage for the health of him the said T. P. and his Family abiding in the same And the said T P. of his said Messuage with the Appurtenances so as aforesaid being seised And the said A B. of his said Messuage with the Appurtenances possessed the same A. B. not ignorant of the premisses but maliciously intending to stop up the said windows and deprive the said T P. and his Family of the light and wholsome ayre shining and passing through the said windowes into the said Messuage of him the said T. P. such a day and yeare at S. aforesaid did build and set up and from that time hitherto hath continued a certaine house upon a piece of ground called the backside parcell of the said Messuage of him the said A. B. so nigh unto the said Messuage of the said T. P. and the said two widowes that not onely the sayd two windowes are stopped up and thereby the said T. P. and his Family deprived of the light and wholsome ayre which were wont to shine and passe through the said windowes into the said Messuage of him the said T. P. but also the passage of the Rain falling from the said Messuage of the said T. P. is hindered and the Rain so hindered in passing away sinketh downe to and under the Foundations of the said Messuage of the said T. P. whereby the foundations of the said Messuage are weakned and the Messuage likely to go to ruine to the great damage of the said T. P. of 20 l. And thereof he produceth this Action c. For teaching the Defendants childe the Latine Tongue c. P. G. by I. R. his Attorney complains of I A. of a Plea of Trespasse upon the Case c. For that whereas the said I. A. the first day of August in the yeare c. at c. in the County c. For and in consideration that the said P. G. for and during the time of twelve moneths and twenty dayes then last past had taught and instructed I. A. the naturall sonne of the said I. A. in the rudiments and learning of the Latine Tongue and from the said first day of August in the yeare aforesaid at H. aforesaid would teach and instruct the said I. A. the son so long as it should please both parties in the said learning of the Latine Tongue aforesaid did assume upon himself and to the said P G. then and there did faithfully promise that he the said I A. the Father so much as the said teaching instructing eruditing and learning of the said I. A. the Son for all the time aforesaid should be reasonably worth to the said P G. when he the said I A. the Father should be thereunto requested well and faithfully would pay and content And the said P G. in fact saith that he relying on the promise and assumption aforesaid of the said I A. the Father did teach instruct erudite and learn the said I A. the sonne in the learning aforesaid from the first day of August aforesaid untill the last day of July in the yeare of our Lord 1651. And that the teaching instructing eruditing and learning aforesaid of the said I A. the sonne during all the time aforesaid being 12 moneths and 20 dayes was reasonably worth twenty shillings of lawfull English money Notwithstanding the said I. A. the Father not regarding his promise and assumption aforesaid but subtilly devising and fraudulently intending him the said P G. c. For dyet and time given for the payment of the Debt N. D. by c. complains of I D. of an action of Trespasse upon the Case For that whereas the fifth day c. at c. the said I D. was indebted unto the said N D. in the summe of 18 shillings of c. for meate and drinke wherewith the said N. D. then supplyed him And being so indebted in consideration that the said N D. then and there at the Castle of Y. in the County of Y. and within the Liberty and Jurisdiction of this Court at the special instance and request of the said I D. did give time for the payment of the said 18 shillings untill the next day after he the said I D. did assume upon himselfe and to the said N D. then and there faithfully promised that he the said I D. the said 18 shillings unto the said N D. the said next day after well and truly would content and pay and although the said N D. till the next day after and hitherto did forbear the payment of the said 18. shillings Yet the said I. D. his promise and assumption aforesaid not regarding but endeavouring and fraudulently intending the said N. D. c. Vpon an Assumpsit to save one harmlesse upon an Obligation A. B. by vertue of a Writ of Justicies c. complains of C D. of an Action of Trespasse upon the Case c. For that to wit that whereas the aforesaid A. B. the day and yeare at the Castle of Y. in the County aforesaid and within the jurisdiction of this Court at the special instance and request of the aforesaid C. D. by his writing obligatory bearing date the same day and year was bound together with the aforesaid C D. and for the sole debt of the said C D. unto one E F. upon Condition thereupon indorsed that if the aforesaid C D. should pay unto the aforesaid E F. at a certaine day in the same Condition contained 10 l. of lawfull c. that then that writing should be voyd and of none effect otherwise to remain in his strength and vertue the aforesaid C D. afterwards that is to say in such a day and place in consideration aforesaid assumed upon himselfe and to the aforesaid A B. then and there faithfully promised that the said C D. at all times then
afterwards would discharge the aforesaid A. B. against the aforesaid E F. from the aforesaid writing obligatory Yet neverthelesse the aforesaid C D. his promise and assumption aforesaid not regarding hath not hitherto discharged the aforesaid A B. from the aforesaid writing obligatory although he hath been often required by him the said A. B. to do it whereupon the said A B. saith that he is very much the worse c. For keeping a Dog accustomed to bite Sheep A. B. by c. complains of C. D. c. for that that is to say whereas the aforesaid C. D. did knowingly keep and retain a certain Dog accustomed to bite Sheep at c. which said Dog twenty Wether Sheep twenty Ewes and twenty Lambs of him the said A B. to the price of 10 l. at c. aforesaid found the 12. day of May in the yeare of our Lord 1657. did so grievously bite that those Sheep and Lambs by the biting of the Dog aforesaid then and there died whereupon the said A B. saith that he is worse and hath damage to the value of twenty pounds And thereupon he brings his Suit c. Another A. B. by writ c. complains of C. D. of a Plea c. For that that is to say whereas the aforesaid C. D. the 8. day of June in the year c. at c. a certain dog accustomed to bite Sheep he knowingly retained which said Dog the day and year aforesaid at c. aforesaid the Sheeep that is to say sixteen wether Sheep and thirty Ewe-sheep and eight Lambs of him the said A B. did chase and bite so that by the chasing biting six of the said Wether-sheep 12 of the said Ewe-sheep and four of the said Lambs of the price of ten pounds died and the residue to wit eighteen of the said Ewe-sheep great with yong cast their Lambs abortive And the residue of the said Wether-sheep were much worsted And other harms c. Against an Inn-keeper for a Horse lost A. B. by vertue of a Writ c. complaineth of C. D. Inn-keeper of a Common Inn called the sign of the White Hart in Skipton in Craven in the County of York and within the liberty and jurisdiction of this Court of a Plea of Trespasse upon the Case For that that is to say whereas according to the Law and Custom of the Common-wealth of England Inn-keepers who hold and keep common Inns to lodge and Entertain men travelling by those parts where such like Inns are and lodging in them are bound to keep both by day and night their goods being within those Inns without any diminution or losse So that by default of those Inn-Keepers or their Servants no damage shall happen or come to their guests by any means And whereas the aforesaid C. D. before the tenth day of March in the year c. And the same tenth day c. held and kept the common Inn aforesaid called the signe of the White Hart in Skipton in Craven aforesaid in the County aforesaid and within the liberty and jurisdiction aforesaid And him the said A B in the same Inn as his Guest then and there entertained and the same A B. then and there one Gelding of a white colour of the price of ten pounds he brought into the Inn aforesaid with him which said Gelding the aforesaid C. D. in his custody then and there received and had yet certain Malefactors unknown to him the said A B. afterwards to wit the aforesaid tenth day of March in the year aforesaid E. F. aforesaid the Gelding aforesaid being under the custody of the aforesaid C. D. in the aforesaid Inn then and there found for want of good keeping of the said C. D. and his servants he took and led away against the Law and Custome aforesaid Whereupon the same A B. sayes that he is worsted and hath damage to the value of twenty pounds And thereupon he brings his suit c. Vpon a Horse Race G. G. by I. R. his Attorney doth complain of D M of a plea of Trespasse upon the case c. That whereas such a day and year at c. conference was had between the said G G. and D. M. concerning a Horse-race to be run between a gray Gelding of the said G. G. and a bay Gelding of the said D. M. from B. aforesaid unto a house called Dexes in the aforesaid County upon which conference so had in consideration that the said G. G. at the speciall instance and request of the said D. M. did then and there pay and deposite into the hands of one Margaret the wife of one I. W. two shillings six pence of lawfull English money And in consideration also that the said G. G. did then and there ingage himselfe to give and deliver unto the said D. M. the said gray Gelding of the said G. G. in case the said gray Gelding should not out-run the said bay Gelding of the said D. M. from B. aforesaid unto the said house called Dexes and that the said G. G. should not there leave his Hatband before the said bay Gelding of the said D. M. should come to the said house called Dexes the said D. M. the said twentieth day of May in the year aforesaid at B. aforesaid and within the jurisdiction aforesaid did assume upon himself and to the said G. G. did then and there faithfully promise rhat if the said Gelding of the said G. G. did out-run the said bay Gelding of the said D. M. from B. aforesaid unto the said house called Dexes and that the said G. G. should leave his hatband there before the said Gelding of the said D. M. should come to the said house that then the said D. M. the said bay Gelding to the said G. G. to the use and behoofe of the said G. G. would give and deliver when he the said D. M. should be thereunto requested And the said G G. in fact saith that his said gray Gelding did then and there out-run the said bay Gelding of the said D. M. from B. aforesaid to the said house called Dexes and that he the said G G. did leave his hatband there before the said Gelding of the said D. M. did come to the said house called Dexes And whereas also the said 20. day of May in the year abovesaid at B. aforesaid and within the jurisdiction aforesaid in consideration that the said G G. at the special instance and request of the said D M. did then and there pay and deposite into the hands of the said Margaret wife of the said I. W. two shillings six pence of lawful c. And in consideration also that the said G G. did then there ingage himself to pay unto the said D M. 20 s. of like lawful money in case that the said gray Gelding of the said G. G. should not out-run the said bay Gelding of the said D. M. from B. aforesaid unto the said
up the said W. F. in the way of Chapmandry in buying and selling of wool at L. in the County of Y. or such other places where the said T. F. then frequented or afterwards should frequent during the said term and that the said T. F. should during the said term not cause or compel the said W. F. to do any servile work about the said Trade of a Skinner and that the said T. F. should during the said terme finde the said W. F. with Meat Drinke and Clothes Linnen Woollen Stockins Shooes and all other things necessary for an Apprentice to have And that the said Linnen Woollen Stockins Shooes and all other things necessary should be from time to time provided and found for the said W. F. by the said T. F. as good as he the said W. F. should have at the time of his coming to the said T. F. and so to give him the like away at the end of the said term of seven years And that the said T. F. should seal and deliver unto the said W. F. one Indenture in writing for the performance of the Covenants aforesaid and other usual Covenants touching Apprentices in that kinde Yet notwithstanding the said T. F. his promise and assumption aforesaid not regarding but endeavouring and fraudulently intending the said B. F. in this part craftily and subtilly to deceive and defraud he did not take the said W. F. to be his Apprentice to serve him the said T. F. in the Art or Trade of a Skinner during the term abovesaid but refused to take him to be an Apprentice according to the Covenants aforesaid although the said W. F. was ready and did offer to serve the said T. F. in the said Trade according to the said covenant neither did he the said T. F. at any time after the said three quarters of a year instruct inform or train up the said W. F. in the mystery or way of Chapmandry in buying and selling of Wool at L. aforesaid other place as the said T. F. frequented according or in any to the Covenant aforesaid though often requested neither did he the said T. F. seal and deliver an Indenture in writing unto to the said W. F. for the performance of the Covenants aforesaid and other useful Covenants touching Apprentices in that kind although the last day of September in the year c. 1650. at the Castle of Y. in the County of Y. and within the liberty and jurisdiction of this Court the said B. F. did tender unto the said T. F. an Indenture in writing to that purpose and requested the said T. F. to deliver the same to the said W. F. whereupon the said B. F. saith he is worse and hath damage to the value of twenty pounds And thereupon produceth suit c. Vpon a promise for the loan of a Mare which was killed in riding P. by Writ c. complains against D. of a Plea that whereas the aforesaid D. such a day year and place in consideration that he the said P. at the special instance and request of him the said D. would lend to him the said D. acertain Mare of his the said P. for one G D. the son of him the said D. to ride and journey upon the same Mare from the Town of L. in the County aforesaid unto B. in the County of Lancaster did assume upon himselfe and to him the said P. did then and there to wit such a day year and place aforesaid faithfully promise that he the said G D. the aforesaid Mare in the journey aforesaid would in no manner overload or in any wayes oppresse but the same Mare when he should be thereunto required to him the said P. would safely deliver And he the said P. in fact saith that he trusting to the aforesaid promise and assumption of the aforesaid D. afterwards to wit the aforesaid day year and place did lend the aforesaid D. the Mare aforesaid for the said G. D. to ride and journey upon the same Mare as aforesaid and that the aforesaid G. D. the Mare aforesaid in the journey aforesaid did so farre provoke over labour and with such burthens over-load that the Mare aforesaid by the over-labour riding and over-loading aforesaid dyed And so the aforesaid D. his promise and assumption aforesaid hath not performed to the damage of him the said P. of 10 pounds And thereupon he bringeth his suit c. Vpon a promise to save harmlesse a Surety against a Bond. R. R. by vertue of a Writ c. complains of C. L. of an action of Trespasse upon the Case c. For that whereas the aforesaid C. L. such a day and year at c. In consideration that the aforesaid R. R. then and there at the speciall instance and request of the same C. L. would become bound and obliged to one G. W. by his certain writing obligatory in due forme of right to be made sealed and as his Deed delivered in 24 l. of lawfull c. yet under the condition of 12 l. 12 s. of like c. to the same G. W. upon the first day of May then next following at or in the then dwelling house of the aforesaid G. W. scituate in c. by the aforesaid R. R. and C. L. or either of them to be made did assume upon himselfe and to the said R. R. then and there that is to say such a day and yeare abovesaid at L. aforesaid to wit in c. aforesaid did faithfully promise that he the said C L. the aforesaid 12 l. and 12 s. to the said G W. upon the aforesaid first day of May in discharge of the aforesaid writing obligatory would pay and the said R R. from thence afterwards of and concerning the writing obligatory aforesaid would keep and save harmlesse and indempnified And the said R R. in Fact saith that he giving credit to the promise and assumption of the said C L. aforesaid afterwards to wit the same last day of O. in the yeare c. abovesaid at L. c. at the said instance and request of the same C L. together with the aforesaid C L. for the owne meer and proper debt of the said C L. became bound and obliged to the said G. W. by their certaine writing obligatory in due forme of right made sealed and as their Deeds delivered in the aforesaid 24 l. Yet under the condition of the payment of the aforesaid 12 l. and 12 s. to the same G W. upon the aforesaid first day of May in manner and forme aforesaid to be made yet the said C L. his promise c. not regarding but devising c. to defraud the aforesaid 12 l. and 12 s. to the said G. W. upon the aforesaid first day of May according to the forme and effect of the Condition aforesaid had not paid or the same G W. for the same hitherto any wise contented nor the same R. R. of and concerning the writing obligatory aforesaid hath
kept and saved harmlesse and indempnified although this to do the same C L. afterwards to wit such a day yeare and place aforesaid by the said R R. was required by which and for that that the aforesaid 12 l. and 12 s. to the said G. VV upon the aforesaid first day of May according to the forme and effect of the Condition aforesaid were unpaid the aforesaid G W. afterwards to wit in such a term and yeare in the Court of c. before c. did implead him the said R R of and upon the aforesaid writing obligatory of the aforesaid 24 l. and that plea insomuch did prosecute that the same R R. not onely pounds of and upon the writing obligatory aforesaid to the said G W. was forced and compelled to pay but also divers sums of money about the defence of the suit aforesaid was forced to expend and lay out whereupon he saith that he is damnified c. Trover and Conversion J. B. by Writ c. complains of J. C. in an action of Trespasse upon the Case For that whereas the said I B. the day yeare c. at the Castle of c. was possessed of one gray Mare of the price of ten pounds as of his own and being thereof so possessed the said I B. the day yeare c. aforesaid the said Mare out of his hands and possession was casually lost which said Mare afterwards that is to say the day year c. at the Castle c. came to the hands and possession of the said I C. sufficiently knowing the said Mare to be the Mare of the said I B. and to him of right to belong and devising to deceive the said I B. of the said Mare though often thereto required the said Mare to the said I B. hath not restored but the said I C. afterwards that is to say the day year c. the said Mare to his owne use and profit converted and disposed to the great losse of the said I B. By reason whereof he saith he is damnified 20 l. And therefore commenceth this suit c. Detinue T. V. by vertue of a Writ c. by E B. his Attorney complains of R M. upon a plea that he render unto him goods and chattels to the value of 20 l. of c. which he unjustly detaineth from him c. For that whereas the said T V. the day year c. at the Castle c. did deliver to the said R. M. one Cow colour black of the value of 5 l. one gray Nag of the value of 10 l. and 14 yards of French green broad Cloath of the value of 5 l. to be safely kept and to the said T V. where he the said R M. should be thereunto requested to be delivered Yet notwithstanding the said R M. although thereunto requested the goods and chattels aforesaid to the said T V. as yet hath not redelivered but the same to redeliver hitherto hath contradicted and as yet doth contradict and unjustly detains whereupon the said T V. saith he is worse and hath damage to the value of 30 l. And thereupon produceth suit c. Trespasse For breaking downe the Plaintiffs Stall being set up in the Market A. O. complains of VV. C. of a Plea of Trespasse That the aforesaid W. C. the day year c. at S. in the County aforesaid and within the liberty and jurisdiction of this Court made an assault upon him the said A. O. and his close and house that is to say one stall there in the Market set up broke and entered and his wares that is to say drest leather to the value of 5 l. put upon his stall aforesaid displaced cut downe and spoyled and other enormious things to him did to the great damage of the said A O. whereupon he saith that he is the worse and hath damage to the value of ten pounds And thereupon he brings his suit c. For breaking the Plaintiffs Close c. I. A. complains of T. S. of a plea of Trespasse c. For that the said T. S. the day yeare c. a Close of the said I. A. called C. at S. in the County c. broke and entred and the grasse of the said I. A. then and there being of the value of ten shillings with certain goods and chattels that is to say with Kine Oxen Steers Horses Nags Mares Hogs and Sheep did depasture eate up tread under foot consume and spoyl continuing the said Trespass from the said day yeare c. aforesaid during the time of one whole moneth then next following at diverse dayes and times and other harmes to him did to the great losse of the said I. A. by reason whereof he saith he is damnified 39 s. And therefore commenceth this suit c. For a Dog biting of a Mare so that shee dyed H. S. complains of W. P. in an action of Trespasse for that whereas the said W. P. the day year c. at c. one Mare of the said H S. of the price of 10 l then and there being found did beat wound and chase and also with a Dog did bite so that by reason of the beating chasing wounding bruising and biting of the said Mare the said Mare then and there dyed And other harms to him did to the great damage of c. For chasing of Hogs with Dogs c. A. B. complains of C. D. of a plea of Trespasse wherefore he did chase two hogs of him thesaid A. B. at M. sound with certain Dogs insomuch by setting on those Dogs to bite the Hogs aforesaid That by that chasing and biting of the Dogs aforesaid the aforesaid Hogs of the price of 40 s. dyed And other enormities c. For pasturing sheep in a rotten pasture by reason whereof they dyed A. B. complains of C D. of a plea of trespass Wherefore the Close of him the said A B. at L. did break and his 260. sheep of the price of 40 l. there lately found did take and did chase them into a certain corrupt pasture within the Village aforesaid out of malice detaining those sheep so long upon the pasture aforesaid that those sheep by corruptnesse of that pasture becoming rotten and infected dyed and other enormities c. For digging and plowing the Plaintiffs ground and taking away his Corne. T. S. complains of G G. in an action of trespass For that whereas the said G G. the day year c. at c. the Close of the said T S. being one acre of arable land lying in B. broke and entred and the soyl of the said close with his plow did dig and rip up And afterwards that is to say the day year c. aforesaid at B. aforesaid and within the Jurisdiction aforesaid for that the said G G. the aforesaid Close of the said T S. broke and entred and his corne that is to say two wain loads of Oates there lately cut down
of the value of 30 s. of his the said T. S. took and carried away And other enormious things to him did do c. For taking away a post A. B. complaines of C. D. of a Plea of Trespasse c. wherefore he did break the Close of the said A B. at F. and did take and carry away a certain new post of him the said A B. there in the soyle put and fastned to the value of 30 s. and other enormities c. For eating the grasse cutting the hedges and assaulting the Plaintiff A. B. by c. complains against C. D. of a plea of Trespasse c. For that whereas the said C D. the 10. day of May in the yeare c. at the Castle c. in the County aforesaid and within the liberty and jurisdiction of this Court the Close of the said A B. at S. broke and entered and his grass to the value of 30 s. there lately growing with certain Cattle did eat tread down and consume and his other grasse to the value of 6 s. there late growing with his feet in walking did tread down and consume and also upon the said A. B. then and there made an assault and him did beat wound and evill intreat so that he despaired of life and also his hedges there did cast down and other enormities c. to the great damage of the said A B. of 39 s. 11d And thereupon he produceth this action c. Trespasse and Assault I. H. complains of I. S. in an action of Trespasse and Assault c. For that the said I. S. the day yeare c. at the Castle c. made and assault and a fray upon the said I. H. and did then and there beat wound and evill intreat him so that it was despaired of his life and other harms to him did to the great losse of the said I. H. By reason of which he saith he is damnified 30 s. And therefore he commenceth this suit Assault upon one at under-age W. E. by A. S. his Guardian and next friend by favour of this Court is admitted to prosecute for the said W. E. because he is within the age of 21 yeares by vertue of a Writ of Iusticies by T W. his Attorney complains of T C. in an action of Trespasst and Assault c. For that the said T C. the day yeare c. in and upon the said W. E. an Assault and Affray did make c. as in the other Vpon a Replevin A. B. complaineth of T. L. in a Plea wherefore he took the goods of the said A B. and them did unjustly detain contrary to sureties and sase pledges c. For that whereas the aforesaid T L. the day year c. at S. in a place there called R. in the County c. took of the goods of the said A B. that is to say seven Kine of the price of 30 l. And the same did unjustly detain against the sureties and safe pledges c. whereupon the said A B. saith he is worse and hath damage to the value of 39 s. And therefore he hath brought this suit c. Pleadings He owes him nothing ANd the said I A. comes and defends the force and injury when c. and saith that the said I G. ought not to have his said action against him because he saith that he the said I A. owes nothing to the said I. G. in manner and form as the said I G. hath declared against the said I A. and for that he puts himselfe upon the Country c. He made no such promise ANd the said H. B. comes and defends the sorce and wrong when c. and saith that he did not assume and promise to the aforesaid T R. in manner and form as the aforesaid T R. against him complaineth And of this he putteth himselfe upon the Country Replication ANd the said T R. saith that he by any thing before alleadged from his Action aforesaid ought not to be debarred for that he saith that the aforesaid H. B. did assume upon himselfe and promise in manner and forme as by the Declaration aforesaid is alleadged and set forth And this he prayes may be enquired by the Countrey and the said W. B. likewise therefore c. He made no such promise within six years ANd the said W. B. comes and defends the injury when c. and saith that the said W. B. did not within the space of six years before the commencement of this suit assume upon himselfe or promise to pay to the said T B. the sum of 30 s. in manner and forme as the said T B. above against him the said W B. doth complain and upon this he putteth himselfe upon the Countrey c. Never Executor ANd the aforesaid E. H. comes and defends the force and injury when c. and saith that the aforesaid T C. ought not to have his action against him because he saith that he never was the Executor of the last Will and Testament of the aforesaid R H. neither did administer of any of the goods or chattels which were of the said R H. at the time of his death as Executor of the last Will and Testament of the aforesaid R H. after the death of the said R H. and this the said E H. is ready to verifie whereupon he demandeth Judgement whether the said T. C. ought to have or maintain the said action against him c. Fully Administred ANd the aforesaid M A. comes and defends the injury and wrong when c. and saith that the aforesaid A B. his action aforesaid ought not to have against him because he saith he hath fully administred of the goods and chattels of the aforesaid T A. at the time of his death and he no other goods nor chattels hath of the aforesaid T A. at the time of his death to be administred nor had at the time of the entry of this plaint of the said A B. nor at any time after and this he is ready to aver wherefore he prayeth Judgement whether the aforesaid A B. his action aforesaid against him ought to have c. Replication ANd the said A B. saith that he by any thing before alleadged from his action aforesaid ought not to be debarred because he saith that the aforesaid M A. the day of the commencement of this suit to wit the day yeare c. at the Castle aforesaid and within the jurisdiction aforesaid had diverse goods and chattels which were the aforesaid T A. at the time of his death and afterwards in his hands to be administred to the value of the debt aforesaid wherefore the debt aforesaid to the said A B. ought to be satisfied and this he requires may be enquired of by the Countrey c. and the said M A. likewise c. Not guilty ANd the said G. W. comes and defends the wrong and injury when c. and saith
that he is not guilty of the Trespasse aforesaid as the said J C. hath complained against him and of this he putteth himselfe upon the Countrey c. Bar by within-age ANd the said H C. comes and defends the injury when c. and saith that the said W B. his action aforesaid against him ought not to have for he saith that he at the time of the aforesaid writing obligatory was within the age of one and twenty years And this he is ready to verifie whereupon he demandeth judgement if the said W B. his action aforesaid against him ought to have c. Payment upon a Bill and a Release produced ANd the said I. S. comes and defends the injury when c. and saith that the said I W. ought not to have his action aforesaid against him the said I. S. for he saith that the said I W. after the making of the said Bill and the commencement of this suit that is to say the day year c at the Castle c. the said I W. did acknowledge and confesse himself to be fully satisfied and content of the said sum of 5 l in the said Bill mentioned and thereupon did acquit and release him the said I S. of and from all actions which the said I W. might have against him the aforesaid I S. by reason of the making of the aforesaid Bill and this he is ready to verifie whereupon he prayeth judgement if the said I VV. ought to have his action aforesaid against him c. Free-hlod ANd the said H S. comes and defends the sorce and injury when c. and saith that the said W B. his action aforesaid against him ought not to have or maintain because he saith that the Close aforesaid called T. at F. in the Declaration above mentioned in which the Trespasse aforesaid is supposed to be done is and at the time of the said trespasse supposed to be done is and was the onely sole free Tenement or Free-hold of the said H S. By reason whereof the said H S. did break and enter into the said Close called T. and the corn and grasse there growing and being with his feet did tread down and consume and other corne grasse and hay being in the said Close with his horses mares oxen and kine did eate tread down and consume continuing the said trespasse as in the Declaration is above specified as was lawfull and well pleased him so to do and this he is ready to verifie and prove whereupon he requires Judgement if the said W R. his Action aforesaid against him ought to have c. No action to cause one to render an account will lie in this Court ANd the said G F. in proper person comes and saith that the said C B. his said Action against the said G F. in this Court ought not to have or maintain for that the said C. B. in an Action to render an account c. wherefore the said G F. demandeth Judgement whether this Court will take cognizance of the said Action c. In arrest of Judgement AND the aforesaid R. M. saith that the verdict aforesaid given against him of the part of the said M S. ought not to stand or proceed because he saith that the Declaration aforesaid and the matter therein contained is not sufficient in Law to give and maintain the aforesaid Action against him by which he requires Judgement And that the aforesaid Plaint and verdict to be quashed and accounted nothing and that the aforesaid Plaintiffe may receive nothing by his Plaint and Verdict aforesaid c. Conditions performed AND the said W. G. cometh and defendeth the force and wrong when c. and desires to heare the said writing and it is read to him c. he desires also to heare the Condition of the said writing and it is read to him in these words that is to say The Condition of this Obligation c. recite the Condition which being read and heard the said W. G. saith that the said C G. his Action aforesaid against him ought not to have because he saith that the Articles in the Condition aforesaid above-mentioned were made at Y. aforesaid in c. day year c. aforesaid between the said C G. by the name of C G. of A. in the said County Gent. on the one party and the said W G. by the name of W G. of the same Town County Yeoman on the other party whose other part signed with the Seal of the said C G. the said W G. doth bring here in Court whose date is the same day and year first c. recite all the Articles throughout and the said W G. doth say that he hath performed and kept all and singular the Covenants Grants Articles Clauses Sentences and Agreements whatsoever in the said Articles specified on his part to be observed performed fulfilled and kept according to the form and effect of those Articles and this he is ready to maintain whereupon he prayes Judgements if the said C G. his action aforesaid against him ought to have c. Replication ANd the said C G. saith that he by any thing before aledged ought not to be debarred from having his said action against the said W G. because protesting that he the said W. G. hath not performed or kept any covenants grants articles clauses sentences or agreements in the said articles specified on his part to be performed or kept as the said W. G. above by pleading hath alledged for plea the said C G. saith that the said W G. did not c. recite the breach according to the form and effect of the same Articles and this he is ready to verifie whereupon he prayeth Judgment and his debt aforesaid together with his damages by occasion of detaining that debt to him to be adjudged c. Rejoynder ANd the said W G. saith that he did recite here that he did perform the breach the Plaintiff assigned according to the form and effect of thesaid Articles and of this he puts himselfe upon the Countrey and the said C G. likewise c. Detain he doth not ANd the said R. S. comes and defends the force and wrong when c. and saith he doth not detain from the said R. L. the chattels aforesaid nor any parcel thereof in manner as the said R. L. hath above declared against him and of this he putteth himselfe upon the Countrey c. Bar by a generall acquittance WHen c. his action ought not to have c. because he saith that after the making of the Writing aforesaid that is to say the day yeare c. the Plaintiff by his certain bill of acquittance which the said Defendant signed with the seal of the said Plaintiff here in Court produceth the date whereof is the same day and year he acquitted and discharged him the said Defendant by name of c. of all actions plaints demands debts accompts and debares for
plaint and in his executed and assigned from the beginning of the World until the day of the date of the said Bill and this c. if Judgement c. Replication THe Plaintiff saith that he ought not to be barred c. because he saith that the aforesaid Bill of acquittance is not his deed and this he prayeth c. Justification of scandalous Words ANd c. when c. and saith that the said G L. his action aforesaid against him ought not to have for that he saith that before the speaking of the pretended scandalous words in the said declaration mentioned that is to say the day year c. at c the said G L. one Wether-sheep to the value of 10 s of c. of the goods and chattels of the said H. A. in the said Declaration mentioned then and there being sound feloniously did steal take and carry away contrary to the publick peace By reason whereof the said P. G. afterwards that is to say the said day year c. at c. the pretended scandalous words in the said Declaration mentioned did say affirm and declare to the said G. L. that is to say thou meaning the said G. L. art a Thiefe and stole H. A.'s Sheep and this he is ready to verifie whereupon he demandeth Judgement if the said G L. his action aforesaid against him ought to have c. Tender of amends in Replevin AND the said H. saith c. the just taking of c. ought not to avow because he saith that after the aforesaid time of the taking of the Cattel aforesaid in the aforesaid place in which c. und before the day of the issuing forth of the precept of Replevin of him the said H. that is to say the day year c. aforesaid at W. aforesaid he the said H. offered 12 d. to pay the said W. and I. to the use of the said W. for the damage of the said W. which he sustained by occasion of the trespass aforesaid which the cattel aforesaid in the aforesaid two acres of Land made which said 12 d. were sufficient amends for the trespass aforesaid which the cattel aforesaid in the said two acres of Land made which said 12 d. the aforesaid W. and I. then and there wholly refused to receive of the said H. and this c. Part of the debt paid The residue tendred before Suit and refused ANd c. when c. and saith that the aforesaid I. G. ought not to have or maintain his said action against him because he saith that the said I. A. the day year c. before the beginning of this action well and faithfully paid to the said I. G. 20 s. part of the above mentioned debt in the said Declaration specified that is to say at B. aforesaid and within the jurisdiction of this Court And as to the five shillings six pence the residue of the debt in the said Declaration specified the said I. A. further saith that he afterwards that is to say the day year c. abovesaid before the commencement of this action at B. aforesaid tendred to the said I. G. the said five shillings six pence which said five shillings six pence the said I. G. then and there refused to accept of and this the said I. A. is ready to prove and demands Judgment of the Court if the said I. A. ought to have his said action against him c. Replication ANd the said I. G. as to the plea of the said I. A. as to the said 20 s. parcel of the debt aforesaid saith that he by any thing before alledged ought not to be barred from having his said action against him for he saith that the said I. A. did not pay the said twenty shillings to the said I. G. as the said I. A. above hath alledged and this he prayes may be inquired of by the Countrey and the said I. A. likewise c. And as the said plea of the said I. A as to the said 5 s. 6 d. residue of the said Debt and the said I. G. saith that the same plea of the said I. A. in manner and aforesaid pleaded and the matter therein contained is insufficient in the Law to bar the said I. G. from having his said action against the said I. A. and that he to the plea aforesaid in manner and form aforesaid pleaded needeth not nor is bound by the Law of the Land to answer whereupon for want of a sufficient plea in this behalf the said I. G. prayeth Judgment and the said 5 s. 6 d. residue of his debt aforesaid together with his damages by reason of the detaining of that debt to him to be adjudged c. Not his Deed. ANd c. when c. And saith that he ought not to be charged with the said debt by vertue of the writing aforesaid because he saith that the said writing is not his Deed. And of this he putteth himselfe upon the Countrey And the said A. likewise c. By threats ANd c. when c. And saith that the said A. ought not to have his said action against him because he saith that the said A. at the time of the making of the said writing at N. aforesaid did impose upon the said B. such so great threats of his life may ming of his body to be inflicted on him unless he would make and seal unto the said A. the said writing that he the said B. did then and there make unto the said A. the said writing for feare of those threats And this he is ready to aver whereupon he prayeth judgment if the said A. ought to have his said action against him c. Replication ANd the said A. saith he by any thing before alledged ought not to be barred from having his said action because he saith that the said B. at the time of the making of the said writing aforesaid was of his own power at large And did make to the said A. the said writing of his meer and voluntary will and not for fear of threats as the said B. hath above alledged And he prayeth that this may be inquired of by the Countrey And the said B. likewise c. By hardnesse of imprisonment ANd c. when c. And saith c. because he saith that at the time of making of the said writing he was imprisoned by the said A. and other of his Covin that is to say at N. aforesaid and there in prison detained until the same B. by force and hardnesse of that imprisonment had then and there made to the said A. the said writing And this he is ready to aver whereupon he prayeth Judgment c. Replication ANd the said A. saith that he c. because he saith that the said B. at the time of making of the said writing was of his own right at large and out of prison and did of his meer and
voluntary will make to the said A. the said writing and not by force and hardnesse of imprisonment as the said B. above hath alledged And this he prayeth may be inquired of by the Countrey And the said B. likewise c. The Assault made by the Plaintiff c. ANd c. when c. And as to the Trespasse and Assault aforesaid above supposed to be done the said I. R. saith that the said R. W. his action aforesaid against him ought not to have because he saith that the aforesaid R. VV. the day year c. aforesaid upon him the said I. R. at the Castle c. did make an Assault and him would have beaten wounded and evil intreated by which the said I. R. himselfe against the aforesaid R. VV. did then and there defend And saith that if any evil to the said R. VV. then and there happened was of the proper assault of him the said R. VV. And in defence of him the said I. R. And this he is ready to verifie whereupon he prayeth Judgement if the aforesaid R. VV. his action aforesaid against him ought to have c. Replication ANd the foresaid R. VV saith that he by any thing before alledged from having his action aforesaid ought not to be debarred because he saith that the foresaid I. R. the day yeare c. abovesaid at c. in his Declaration aforesaid above specified of his own proper injury and without such cause by the said R. VV. above alledged upon him the said R. VV. did make an assault and him did beat wound and evil intreat so that of his life he did despair against the peace of the Lord Protector that now is as the said R. VV. above against him hath complained And this he prayeth may be inquired of by the Countrey And the said I. R. likewise Therefore c. The Defendant pleadeth the Plaintiff within age to bring his action and should have brought it by Guardian and not by Attorney ANd c. when c. And sayes that the foresaid I. R. ought not to have his action aforesaid against him because he sayes that the foresaid I. R. the day and year in the Declaration specified to wit the day year c. the day of the issuing forth of the Writ of Justicies of him the said I. R. that is to say the day year c. was within the age of one and twenty years And that the foresaid I. R. declared against him the said P. C. in the Plaint aforesaid by his Attorney whereas by the due form of Law he ought to have declared by his Guardian And this he is ready to aver whereupon he prayes Judgement whether the aforesaid I. R. ought to have his action aforesaid against him c. To a Trespasse in Walking Not guilty and as to the residue of Trespasse tender of amends ANd c. when c. and saith that as to the breaking of the close aforesaid as also to the treading down and consuming of the Corn and grasse aforesaid with his seet in walking in the same four acres of land aforesaid of new assigned above supposed to be done saith that he is in no wise thereof guilty c. and of this he putteth himself upon the Countrey and the Plaintiff likewise And as to the residue of the trespasse aforesaid in the same four acres of Land of new assigned above supposed to be done the same A. saith that the same B. his action aforesaid ought not to have because he saith that the residue of the trespass aforesaid in the same four acres of Land of new assigned above supposed to be done was done with the cattle aforesaid by negligence and against the will of the same A. and that the same A. afterwards and before the day of commencing of this action of the same B. to wit the 16 day of May in the year c. at the same parish of R. in the said County of Y. offered to the same B. 20 s. of lawfull money of England for and in satisfaction for the residue of the trespasse aforesaid so as aforesaid done which said 20 s. were sufficient amends for the same residue of the trespasse aforesaid in the same four acres of Land with the appurtenances of new assigned as beforesaid done and that the same B. the said 20 s. as aforesaid offered to receive of the same A. then and there altogether refused and as yet doth refuse and this he is ready to verifie And c. Replication ANd the same B. as to the same plea of the said A. as to the said residue of the trespasse aforesaid in the same four acres of land with the appurtenances of new assigned done saith that he by any thing in the same plea before alledged ought not to be barred from having his action aforesaid against him c. because he protesteth that the aforesaid residue of the trespasse aforesaid in the same four acres of land with the appurtenances of new assigned was not done with the cattel aforesaid by the negligence and against the will of the same A. protesting also that the said 20 s. in satisfaction for the trespasse aforesaid were not offered before the same day of commencing the suit of the said B. as the same A. hath above alledged for plea the same B. saith that the same 20 s. were offered by the same A. to the said B. for a certain trespasse by the same A. with his cattle aforesaid to the same B. in a certain other Close of land with the appurtenances called the S. of the same B. in the Parish of R. aforesaid in the County aforesaid done without that that the same A. offered to the same B. the said 20 s. for and in the satisfaction of the foresaid residue of the trespass aforesaid in the same 4 acres of land of new assigned done as the same A. hath above alledged and this he is ready to verifie whereupon for that the same A. the said residue of the trespass aforesaid in the same four acres of Land with the appurtenances aforesaid of new assigned done above acknowledgeth the same B. prayeth judgment and his damages by occasion of the residue of the trespass aforesaid to him to be adjudged c. Rejoynder ANd the same A. as before saith that he offered to the same B. the said 20 s. for and in satisfaction of the said residue of the trespasse aforesaid in the same four acres of Land with the appurtenances of new assigned done as he hath above alledged And of this he putteth himselfe upon the Countrey and the same B. likewise Therefore c. Misnomer in Baptism pleaded in Abatement of the Writ of Justicies ANd the said A. by Simon Don his Attorney comes and prayes Judgement of the Writ of Justicies aforesaid because he saith that the name of Baptism of the said Agnes in the Writ aforesaid named is Anna and not Agnes as the said B. hath above
declared and this he is ready to verifie whereupon he prayes Judgement of the said Writ of Justicies and that the said Writ of Justicies be quashed c. Plea in Abatement for that the Plaintiff hath one name in the Writ and another in the Declaration ANd the said A. by I. R. his Attorney comes and prayes Judgment of the Writ of Justicies aforesaid because he saith that he is the same person against whom the said B hath brought his Writ aforesaid by the name of B. D. otherwise E. Yeoman and that the said B. is named John otherwise Henry and by the same name of B. D. otherwise E. the day of obtaining of the Writ of Iusticies of the said B. and alwayes afterterwards hitherto he hath been known and called and by the same name of B. D. otherwise against the said A. in his Declaration aforesaid now hath declared without that that the said B. is named or called Iohn otherwise Henry or by the same name of B. D. otherwise E. hath been at any time known or called and this he is ready to verifie whereupon he prayes Judgment of the writ of Iusticies aforesaid c. The Defendant justifies for horse-meat not satisfied in answer to a Declaration in Trover for the same horse ANd the said A. saith that he the same time in which the said horse in the Declaration aforesaid specified is supposed to come to his hands and by two years then next elapsed and ever afterwards and yet is a common Inn-keeper and holdeth a certain Inn called the George in the Parish and Town of Harwood in he said County of Y. and that one C. D. the twelfth day of August in the year aforesaid at the Parish and Town of the said H. came to the Common Inne of the said A. bringing with him the said horse into the said Inne which said horse the said C. D. the same twelfth day of August abovesaid untill the twenty fourth day of Iune in the year c. abovesaid in the Inne of the said A. remained at meat and that the said meat of the said A. eaten and consumed within the same Inne by the same horse between the said 12. day of August in the said year of c. and the said 24. day of Iune in the yeare aforesaid was worth eight pounds ten shillings of lawfull money of England And that no person within that time paid the said A. for the said meat neither compounded nor agreed with the said A. for the same whereupon certain L M. NO and others lawfull and honest persons the neighbors of the said A. and inhabiting and remaining within the said parish of H. in the County aforesaid at the request of the said A. afterwards to wit the 24. day of Iune abovesaid at the said Town and Parish of H. reasonably appraised the said horse at six pounds ten shillings and no more whereupon the said A. afterwards to wit the said 24. day of Iune in the year abovesaid at the aforesaid Town and Parish of H. retained that horse in his hands towards the satisfaction of the said A. for his meat aforesaid then and there did convert and dispose as it was lawfull for him to do with it without that that the said horse came to the hands of the said A. in the aforesaid County of L. or any other place without the said Town and Parish of H. in the said County of Y. as the said C D. above against him complaineth and this he is ready to verifie whereupon he prayeth Judgment if the Plaintiff his Action c. The Defendant pleads leave and liberty granted to him by the Plaintiff to enter and feed his Cattel ANd the said A. as to the aforesaid Trespasse as to the breaking of the Close aforesaid and the eating c. with his cattel c. and the treading c. with his feet above supposed to be done saith that the same B. before the same time in which c. to wit the 22. day of May in the year c. at Skipton aforesaid in the County aforesaid and within the liberty and jurisdiction of this Court gave liberty to the said A. into the tenements aforesaid with the appurtenances of new assigned to enter and put in his Cattel aforesaid the grasse in the tenements aforesaid with the appurtenances of new assigned then there growing to eat up By vertue of which said liberty the same Defendant the same time in which c. into the tenements aforesaid with the appurtenances in which c. entered and his Cattel aforesaid to eat the grasse there put And the same Cattle the same time in which c. by vertue of the liberty aforesaid the grasse aforesaid in the tenements aforesaid with the appurtenances did eat tread down and consume which said breaking of the Close aforesaid and eating treading down and consuming of the grasse aforesaid with the Cattel aforesaid in the tenements aforesaid with the appurtenances above newly assigned and the treading and consuming of the other grasse aforesaid in the same tenements with the feet walking by vertue of the liberty aforesaid and for the cause aforesaid in form as aforesaid done is the same breaking of the Close c. And this c. The Plaintiff replies de injuria propria and traverseth the liberty And the Desendant justifies he gave the liberty and issue thereupon The Defendant justifies in Replevin the taking of the Cattel for Rent in arrear ANd the said A B. by S D. his Attorney cometh and defendeth the force and injury when c. and doth well avouch the taking of the said Cattel in the said place in which c. And justly c. because he saith that the said place in which c. is and from the time of the said taking and before was four acres of Land in M. aforesaid and saith that long before the time of the said taking before supposed to be done and at the same time the said A B. was seized in his Demesne as of fee of one Messuage one Garden and four acres of Land and one acre of Wood with the appurtenances in M. aforesaid whereof the said place in which c. is And at the said time in which c. was parcel and so being thereof seized that same Messuage Garden Land and Wood with the appurtenances long before the time of the taking aforesaid that is to say at the Feast of the annunciation of our blessed Virgin Mary in the year c. at M. aforesaid demised unto the aforesaid C D. to have to him from the same Feast as long as it should please him the said A B. yielding therefore yearly unto the said A B. as long as the said C D. should have and ocupy the said Messuage Garden Land and Wood 30 s. at the Feast of St. Michael the Archangel and the annunciation of our blessed Virgin Mary by equal portions yearly to be paid by vertue of which demise the
said C. D. the said Messuage Garden Land and Wood with the appurtenances from the said Feast of the Annunciation of c. until the Feast of the Annunciation of c. next before the time of the taking aforesaid had and occupied and for that that 30 s. of the said Lease by the said time unto him the said A. B. at the time of the said computation remained in arrear and as yet remaineth unpaid doth well avouch the taking of the said Cattel in the said place in which c. and justly c. And this he is ready to prove whereupon he prayeth judgment and the return of the said Cattel to be adjudged unto him c. The Defendant saith that the Goods were taken as a pawn or pledge for money lent ANd the aforesaid A. B. by c. comes and defends the force and injury when c. And as to the breaking the Close c. he is in nothing thereof guilty and as to the residue of the trespasse aforesaid supposed to be done the same A. B. saies the aforesaid C. D. ought not to have his action c. because he saith that the same C D. long before the said time wherein c. was indebted unto him the said A. B. in 22 s. for divers sums of money by him the said C. D. of the aforesaid A. B. formerly borrowed And afterwards and long before the said time the same C. D. by one E. his wife delivered to the aforesaid A. B. the aforesaid goods and chattels as a pawn for the aforesaid 22 s. to be held unto him the said A. B. in pledge until the said C. D. to the aforesaid A. B. the same 22 s. had paid And the same A. B. in fact saith that the aforesaid C. D. hath not as yet paid to him the said A. B. the aforesaid 22 s. which is the same Trespasse and taking and carrying away the aforesaid goods and chattels whereof the aforesaid C. D. above now complains And this c. whereupon c. Replication that he tooke them Injuria sua propria without such a cause ANd the said C. D. sayes that he by any thing before alledged ought not to be debarred from having his action aforesaid because he saith that the aforesaid A. B. as of his proper injury and without such a cause above by him the said A. B. alledged the day and year aforesaid the aforesaid goods and chattels at R. in the said County of Y. found he took and carried away as the same C. D. by his Declaration aforesaid above supposeth And this he prayeth may be inquired of by the Countrey And the aforesaid A. B. in like manner Therefore c. Concord in Assault and Battery ANd the aforesaid A. B. in his proper person coms and defends the sorce and injury when c. And saith that as to the Trespasse aforesaid above supposed to be done the same A. B. sayes that the aforesaid C. D. ought not to have his action aforesaid against him because he saith that long after the Trespasse aforesaid was supposed to be made to wit the eighth day of July in the year c. aforesaid at S. aforesaid in the County aforesaid and within the liberty and jurisdiction of this Court the same A. B. and C. D. by the mediation of E. F. and G. H. their friends and acquaintance in a friendly manner comming between them in such manner it was agreed together between them that is to say that the aforesaid A. B. should pay to the aforesaid C. D. in amends and for satisfaction of that Trespasse five shillings of lawfull money of England which the said A. B. the said five shillings of c. to the aforesaid C. D. then and there paid according to the force form and effect of the concord aforesaid And this c. whereupon he prayes Judgement c. Replication No such Concord or Agreement made ANd the aforesaid C. D. sayes that he by any thing prealledged ought not to be debarred from having his action aforesaid because he saith that there was never any such concord or agreement had between them the said C D. and A B. in manner and form as the said A B. hath above alledged by pleading And this he prayes may be inquired of by the Countrey and the aforesaid A B. in like manner c. The Defendant saith that as to the taking of the Oxe that he tooke it by the name of an Heriot ANd the said C D. by c. cometh and defendeth the force and wrong when c. And as to the taking of the said Oxe the said C D. doth well avow the taking of the said Oxe in the said place in which c. and justly c. because he saith that long before the taking of the said Oxe before supposed one I G. was seized of one Messuage with the appurtenances in W. aforesaid in his Demesne as of see and so seized held the same of the said C D. by fealty and the rent of 12 d. unto him the said C D. every year at the feasts of the Annunciation of the blessed Virgin Mary c. of S. Michael the Archangel to be paid by equall portions and also by Services that every tenant of the said Messuage with the appurtenances thereof seized in his Demesne as ofsee or in use from the time of which contrary c. he ought and had accustomed to render unto the said C D. and his heirs the best animal living of the same tenant of the said Messuage with the appurtenances so thereof dying seised in his Demesne as of see or in use by the name of Heriot of which services the said C D. was seized by the hands of the said I G. as by the hands of his true tenant that is to say of the said Fealty as ofsee and right and of the said Rent in his Demesne as of see And afterward the said I G. died of the said Messuage with the appurtenances seized in his Demesne as ofsee And because the said Oxe was the proper Oxe of the said I G. at the time of his Death the said C D. that Oxe as the best animal which was of the said I G. at the time of his death by the name of a Heriot he took and justly c. Justification in Trespasse for want of reparation of the hedges by the Plaintiffe ANd the said A and B. by I R. their Attorney come and desend their force and injury where c. And as to the breaking of the Close aforesaid and the eating up treading down and consuming the grasse aforesaid the same A and B. say that the aforesaid D. ought not to have his action aforesaid against them because they say that at the time of the Trespasse aforesaid supposed to be made were and are seized of a certain Close of Pasture near adjoyning to the said Close of the aforesaid D. in which the grasse aforesaid in S.
Writ appeareth in a certaine pannel to this VVrit annexed R. S. Esq Sherif The names of the Jurors between A. B. Plaintif and C. D. Defendant of a plea of Trespasse E. F. of G. Gent. H. I. of the same K. L. of M. And so to the number of 24. Every of the said Jurors is severally attached by pledges Io Doo Ric. Roo R. S. Esq Sherif The execution of this writ appeareth in a certaine pannel to this writ annexed R. S. Esq Sherif The names of the Jurors between A B. Plaintif and C D. Defendant of a plea of Trespasse E F of G Gent H I of the same K. L of M And so to the number mentioned in the writ Every of the said Jurors is severally attached by pledges Iohn Doo Rich Roo Issues of every of them 10 s. R. S. Esq Sherif At my County of N. held at L. in the said County of N. the 8th day of Ian in the year of our Lord 1658. the within named A B C D and E F were the first time called and did not appear And at my County Court there held the first day of Feb in the same yeare 1658. they were the second time called and appeared not And at my county Court there held the first day of March in the foresaid year 1658. they were the third time called appeared not And at my county Court there held the 2d day of April in the year of our Lord 1659. they were the fourth time called and appeared not And at my County Court there held the first day of May in the year 1659. abovesaid they were the fith time called and the above named A. B. brought me his Highnesse VVrit of Supersedeas which I have to this writ annexed therefore against him the said A. B. I could no further proceed And the above named C. D. rendred himself into my custody whose body before the Justices within mentioned at the day and place within contained I have ready as within it is commanded And the above named E F. did not appeare therefore by the judgement of J K. L M. Gent. Coroners of the County aforesaid the aforesaid E E. is outlawed R. S. Esq Sherif At my County Court of N. held at L. in the County of N. the 1. day of Feb. in the year of our Lord 1658 And at the general Sessions of the publique peace held at G. the 20 day of Apr. in the aforesaid year the 2 day of April in the yeare of our Lord 1659. And at the most usuall door of the Parish Church of c. within written on Sunday the 10 of April 1659. abovesaid I made publique proclamation as within it is commanded R. S. Esq Sherif There being four County Courts allowed at which the within named A B. C D. E F. were foure times called appeared now Now at my County Court of N. held at L. in the said County of N. the above named A B. C D. E F. were the first time called and appeared not therefore by the judgement of I K and L M Gent. Coronors of the County they are and every of them is outlawed R. S. Esq Sherif This Writ was so lately delivered me that by reason of the shortness of time I could not do due execution thereof according to the Exigence of the same R. S. Esq Sherif The within named A. B. was taken by R. C. Knight and Baronet late Sheriff of my County of N. and not by me now Sheriff of the same County R. S. Esquire Sherif By vertue of this writ to me directed I have before the Justices within mentioned at the day and place within contained the Plaint which is in my County Court by his Highnesse Writ between the within named parties under the seals of A B. C D. E F. and G H. four lawfull men of my said County present at that Record as appeareth in a certain Scedule to this Writ annexed And have given notice to the within named I. K. that he may be then there ready to prosecute his plaint thereof against the within named T. W. And also I have there the other Writ to this Writ and Scedule annexed I. G. Esquire Sherif S. ss At my County Court held at I. in my said County the 11. day of in the year of our Lord 1657. ss I. K. complaineth against T. W. of a plea of Debt I. G. Esquire Sheriff By vertue of this Writ by C D. and F G. honest and lawfull men of my Bailiwick I have given notice to the within named L S. I. L. c. that they be before his Highnesse at the day and place within contained to shew c. Why the within named R R. should not be inlarged out of prison according to the act c. As within it was commanded I. G. Esquire Sherif The within named G. S. hath nothing in my Bailiwick whereby I can give him notice neither is he found in the same neither are there any tenants or tenant of any Lands or Tenements which were of the within named W. on the within written day of the Judgment within given or at any times afterwards in my Bailiwick unto whom I may give notice as this writ doth require I. G. Esquire Sherif Pledges of process Jo. Doo and Ric Roo Sum of the within named A. B. Anth. Sharp and Rich. Sharp And at the most usual Church-door of the Parish of D. where the within named A. B. inhabiteth upon the Lords day to wit the 4. day of Iu. in the year within written immediatly after divine service in the same Church ended I made publick Proclamation according to the form of the Statute c. R. S. Esq Sherif By vertue of this Writ to me directed the 26. day of A. in the year within written I have taken into the hands of his Highness the Lord Protector by the view of H. R. and T. R. honest and lawfull men of my Bailiwick the third part of the Messuage Lands and Tenements within mentioned with the appurtenances As within it is commanded The summoners of the within named A. B. Jo. Den. and Ric. Fen. R. S. Esquire Sherif Pledges of Processe Jo. Doo and Rich Roo The Summoners of the within named A. B. son an heir of A. B. I. W. and E. W. R. S. Esquire Sherif By vertue of this Writ I have caused to be delivered to the said A. B. his possession of his term within specified of the Messuage Lands and Tenements within specified And also have taken the body of the within named C. D whose body before the Justices within written at the day and place within contained I have ready as within it is commanded And where the Defendant is not found then close thus And I further certifie the Justices within specified that the within named C. D. is not found in my Bailiwick R. S. Esquire Sherif By
vertue of this Writ I have delivered to the within named I G. the Mannors Messuages Parks Woods and all and singular the Lands and Tenements with the appurtenances within mentioned To hold to him and his assigns as his Freehold until he shall be fully satisfied of his debt within mentioned with his damages charges and expences reasonably sustained as by this Writ it is commanded And I further hereby certifie his Highness that the within named R. W. is not found in my Bailiwick R. S. Esquire Sherif By vertue of this Writ to me directed in form within written in full Court I recorded the Plaint within mentioned And that Record as it appeareth in a Scedule to this Writ annexed I have before the Justices within written at the day and place within contained under my seal and the seals of R C. M C. T Y. and R E. four honest and lawfull men of my Bailiwick of those which were there present at that Record And I have prefixed the same day to the parties within written that then they may be there ready to proceed in the said plaint as shall be just according to the exigence of this Writ R. S. Esquire Sheriff B. ss At the Hundred Court of B. holden at C. the 12. day of A. in the year of our Lord 1658. in the said Hundred before I. K. and L M. free Suitors of the same Hundred B. ss A B complaineth against C D. of a plea of taking and unjust detaining of his goods and chattels R. S. Esquire Sherif By vertue of this Writ to me directed in my full County Court of N. held at N. in my said County the 12. day of A. in the year of our Lord 1648. I caused the Plaint to be recorded between the parties within written whereof within is made mention which plaint appeareth in a certain Scedule to this Writ annexed And I have that Record ready before the Justices within mentioned at the day and place within contained under my seal and the Seals of W H. L E. I B. and T C. four lawfull freeholders of the same County of those which were present at that Record and I have prefixed the same day to the parties within written that they be then there ready to proceed in the said plaint as shall be just according to the exigence of this Writ R. S. Esquire Sheriff N. ss At my County Court of N. held at I. within the said County the 12. day of A. in the year of our Lord 1658. before I G. H K. Freeholders of the same County amongst other things it is thus contained N. ss F I. doth complain against F. S. of a plea of taking and unjustly detaining of his cattel R. S. Esquire Sheriff Before the coming of this Writ the within mentioned Mare was by the within named G H. conveyed unto places unknown to me so that I could not cause return of the said Mare to be made to the within named I N. and H. as within it is commanded and I hereby further certifie the within mentioned Justices that by vertue of this Writ I have taken the body of the within named G H. whose body before the said Justices at the day and place within contained I have ready as within it is commanded R. S. Esquire Sheriff The execution of this Wtit appeareth in a certain Scedule hereunto annexed R. S. Esquire Sheriff By vertue of this writ to me directed and to this Scedule annexed I made a certain Warrant to one W R. my Bailiff to arrest and take I S. in the said Writ named My which Bailiff by vertue of my aforesaid Warrant the 11. day of February in the year of our Lord 1658. within written at B. in my County arrested and took the body of the aforesaid I S. as by my Warrant he was commanded and him the said Iohn so arrested taken and in my custody as aforesaid under the aforesaid arrest being one G. S. of B. aforesaid together with the aforesaid Iohn Spalding by force and armes that is to say with staves pitchforks and knives upon him the said W. R. my Bayliff then and there did make an assault and him did beat wound and evilly handle so that it was despaired of his life And the aforesaid G. S. him the said I. S. so as aforesaid under the foresaid arrest being out of my custody then and there tooke and rescued and of his owne right suffered him to go at large And the same I. S. so as aforesaid under arrest being out of my Custody then and there likewise rescued himselfe against the publique peace And afterwards the same Iohn is not found in my Bayliwick R. S. Esq Sheriff Returne of Jurors HEe must returne sixe Jurors where the Venue lyeth if there be so many within the Hundred viz. within the place where the demand is made yet by the Stat. 27 Eliz. cap. 6. upon the tryall of an issue joyned in any personall action if two sufficient hundreders do appear it is sufficient He must return their names and a true addition of their dwelling places or some other addition by which the party may be known No persons are to be returned above the age of 7 yeares nor persons of a languishing sicknesse or disease at the time of their summons no Alien Infant under the age of fourteen Clergy men or Ministers Lamb. 382. Fitz. 165. d. 166. a. d. None shall be impannelled upon a Jury for tryall of any matter out of their proper County except such Jurors may spend in Lands and Tenements 5 l. per annum nor to try any matter within the County except they have in Lands and Tenements 40 s. per ann of estate of Free-hold within the County where the Issue is to be levyed F. N. B. 166. d. But after the Statute 27 Eliz. cap. 6. None are to be returned for the tryall of any Issue in the upper Bench Common Pleas Exchequer or before the Justices of Assize but such as have estate of Free-hold in Lands Tenement or Hereditaments of the clear yearly value of 4l at least out of Ancient Demesne Though the current of the Venire facias be but to returne Duodecem bonos legales homines yet must he returne twenty and four if he return but three and twenty and 12 appear and give their verdict this is Errour Coo. 5. 36. 37. He is to summon and returne the Grand Iury to the Assizes and the Juries for the Quarter Sessions of the peace and is to array his pannell sixe dayes at the least for the speciall Assizes and before the sessions of the Justices so that view and copies of the pannels may be had if they be required which copies must be indented by the Sheriff and delivered to the Plaintifs Defendants or Tenants Upon an Indictment he ought to returne none but probi legales homines viz. such as are not attaint by
Yorkshire to 02 00 00 For Petitions upon the account for each 00 04 00 For another writ of assistance 00 05 06 For entring the view of the accompt and in the alienation Office for viewing of the accompt and for a note of the charge there 00 09 08 For every Schedule of issues upon general pardons and to the Clerk of the extracts man 00 15 00 To a Baron for allowing of them and to the Barons man 00 17 04 In the alienation Office for making of the Bond and Acquittance with the Scedules of seizures against such as have sold land held of the Commissioners without license of alienation 10 06 00 For a Warrant for a day to finish the accompt until Mich. Term 00 10 00 To the Attorney in the Pipe Office for setting off from the Accompt six amerciaments and to his man 01 10 00 For discharging the amerciaments for a warrant to set off and discharge 01 12 06 For another Writ of assistance 00 05 06 If the Sheriff cannot go thorow with his accompt in Trinity Term then to the Marshall for liberty to his man 04 13 04 For ruling and making the Petitions and to his man 09 00 00 To the Master of the Pipe for his fee 00 13 04 To the Controller of the Pipe for his fee and to his man 02 12 00 The fee of the Attorney of the Pipe and to his man 06 02 06 For the Acquittances of two tallies in the receit and for striking off those tallies 00 05 04 To two Auditors for casting up of the Sheriffs accompt in Court when he is to be cast out of the Court 00 10 00 To the Baron then and to his men 01 07 00 To the Marshal Tipstaves and Criers then 00 16 08 To the Clerk of the Pipe for Recusants and for allowing and joining of the talley for Recusants Debts 01 16 00 To the Baron for respects for Recusants Debts 01 10 00 To the Clerk of the Pipe for Recusants for allowing of that Warrant and to the Master of the Pipe for the same 00 13 04 To the Bag-bearer 00 01 00 For the Quietus est to the Sheriffs Attorney of the Pipe and to his man 04 06 08 For the Quietus est for the Recusants Cum multis aliis c. 01 00 00 But the Sheriff is at much more charge which is laid out and is disbursed during his Sheriffwick as experience will better inform him The Return of a Devastavit I R. S. Sheriffe of the County within named do certifie the Justices within mentioned that the within named A. B. hath before the coming of this Writ wasted to his own use converted divers goods and Chattels which were of the within named F. G. at the time of his death to the value of the debt and damages within specified and which came to the hands and possession of the said A. B. Executor of the same F G. to be administred So that the debt and damages or any parcel thereof of the goods and chattels of the aforesaid Testator F. G. I could not levy And I further certifie the aforesaid Justices that the within named A. B. hath no goods or Chattels of his own in my Bailywick whereof I may levy the damages aforesaid R. S. Esquire Sherif THe within named A. B. hath no goods or Chattels which were of the within named C. D. at the time of his death in her hands to be administred in my Bailywick whereof I may levy the debt and damages within mentioned or any parcel thereof nor any of her own proper goods or Chattels in my Bailywick whereof I can levy the damages aforesaid or any part thereof And I further certifie the Justices within specified That by T. I. and E. R. honest and lawful men of my Bailywick that I have made known to the said A B. that she be before the aforesaid Justices at the day and place within contained to shew c. as within it is commanded The residue of the execution of this Writ appeareth in a certain Inquisition hereunto anexed R. S. Esquire Sheriff AN Inquisition indented taken at A. N. in the County aforesaid the two twentieth day of Ian in the year of our Lord 1658. before me R. S. Sheriff of the County aforesaid By vertue of a Writ of his Highnesse the Lord Protector to me directed and to this Inquisition annexed by the Oath of G. H. and so to the number of twelve honest and lawfull men of my Bailywick who say upon their oaths that A. B. in the aforesaid Writ named wasted and to her own use converted divers goods and chattels which were of the within named C D. at the time of his death to the value of the debt and damages in the same Writ specified and which came to the hands of the same A. B. to be administred In witnesse whereof aswell I the said Sheriffe as the aforesaid Jurors to this present indented Inquisition have interchangeably set to our seals the same day and yeare first above written R. S. Esquire Sheriff BY vertue of this writ to me directed I have levied of the goods and chattels of the within named A. B. the whole sum of 80 l. which said moneys before his Highness at the day and place within mentioned I have ready to render to the within named C. D. for his debt and damages within specified as by this Writ it is commanded R. S. Esquire Sheriff By vertue of this writ I have levied of the goods and chattels of the within named A. B. the value of eight pounds sixteen shillings four pence which said moneyes before his Highness at the day and place within mentioned I have ready to render to the within named C. D. in part of his debt and damages within specified And I hereby further certifie his said Highnesse that the said C. D. hath no other or more goods or Chattels in my Bailywick whereof at present I may levy the residue of the aforesaid debt and damages according to the exigence of this Writ R. S. Esquire Sherif By vertue of this Writ to me directed I have taken of the Lands and Chattels of the within named A. B. that is to say one Messuage with the appurtenances in C. in my County of N. now in the tenure of one G. D. which the aforesaid A. B. at the time of my taking thereof held to him and his assignes for a certain term of years yet to come of the demise grant or assignment of one R. B. to the value of ten pounds which said Lands and Chattels as yet remain in my hands unsold for want of Buyers by reason whereof those moneyes before the Justices within mentioned at the day and place within contained I cannot have to render to the within named C. D. As within it is commanded R. S. Esquire Sherif I hereby certifie the Justices within mentioned that after the execution of this Writ and
before the return of the same E. L. Knight late Sheriffe of the County aforesaid and that this Writ so as above indorsed and returned was delivered to me R. S. Esquire now Sheriffe of the County aforesaid by G. T. under-Sheriff of the aforesaid E. L. late Sheriff of the County aforesaid R. S. Esquire Sherif I hereby certifie the Justices within written That the Lands and Tenements which were of the within named F. B. the same day and year within mentioned in which judgement of the debt and accompts within specified was rendred are and yet be in the hands of our Soveraign Lord the King in his Court of Wards and Liveries by reason R. B. Gent. Tenant of the Lands and Tenements aforesaid hath not yet sued forth his Livery of the Lands aforesaid in the Court aforesaid Therefore to the execution of this Writ I may not proceed as within it is commanded R. S. Esq Sherif An Inquisition indented taken at W. in the County aforesaid the day of Ianuary in the year of our Lord one thousand six hundred fifty eight before me R. S. Esquire Sheriffe of the County aforesaid by vertue of a Writ of his Highnesse the Lord PROTECTOR to me directed and ro this Inquisition annexed by the oath of M. P. and so to the number of twelve honest and lawfull men of my Bayliwick who say upon their oaths that H. S. in the said writ named was seized in his Demesne as of see the fourteenth day of June in the year of our Lord one thousand six hundred fifty in the same writ mentioned of one Capital Messuage with the appurtenances with five acres of Lands six acres of Meadow and eight acres of Pasture scituate and being in Br. in the County aforesaid of the cleer yearly value in all issues above reprises forty shillings And the said Jurors further say upon their oaths that the said H. S. hath not any other or more Lands or Tenements the said fourteenth day of June abovesaid nor at any time since nor any goods or Chattels at the day of taking this Inquisition in my Bailiwick to the knowledge of the said Jurors the moyety of all and singular which said Messuage Lands Tenements and premisses that is to say the said Capitall Messuage and the said five acres of Land and the six acres of Meadow I the said Sheriff the said day of taking this Inquisition have caused to be delivered to T. C. in the said Writ also named to hold to him the said T. and his Assignes as his Free-hold according to the forme of the Statute in this case made and provided untill the debt and damages in the same Writ mentioned shall thereof be fully levied In witnesse c. Otherwise untill the said T. C. in the said writ also named shall be fully satisfied of his debt and damages in the same writ mentioned In witness c. R. S. Esquire Sheriff The within named A. B. is not found in my Bailywick The residue of the execution of this Writ appeareth in a certain indented Inquisition hereunto annexed R. S Esquire Sheriff An Inquisition indented taken at I. in the County aforesaid the one and twentieth day of October in the year of our Lord 1658. before me R. S. Esquire Sheriff of the same County of N. By vertue of a Writ of His Highnesse the Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging to me directed and to this indented Inquisition annexed By the oath of H. S. and so to the number of twelve at least good and lawfull men of my Bailywick who say upon their Oath that R. T. in the aforesaid writ named the twentieth day of A. in the year of our Lord 1657. in the same Writ mentioned on which day the said R. T. became debtor to his Highnesse Oliver late Lord Protector in the aforesaid also mentioned was seised in his Demesn as of fee of and in one Messuage with the Appurtenances five acres of Land sixe acres of Meadow and eight acres of Pasture scituate lying and being in F. in the County aforesaid now in the tenure and occupation of J. G. or his Assignes of the cleer yearly value in all Issues above reprises 10 l. All which said Messuage Lands and Tenements with the Appurtenances I the said Sheriffe the same day of the taking this Inquisition have taken and seised into the hands of his Highnesse Richard now Lord Protector as by this Writ it is commanded And the same Jurors say upon their Oath that the aforesaid R. T. at the day of the taking this Inquisition is seised in reversion when it shall happen after the death of C. Widow in his Demesn as of Fee of one Messuage with the Appurt six acres of Land 5 acres of Meadow and 12 acres of pasture scituate lying and being in H. in the foresaid County of N. and now in the tenure and occupation of the same C. widow And that the aforesaid C. widow is now living so that at present the said Messuage Lands and premisses in H. aforesaid are worth nothing But after the death of the said C. widow will be of the cleer yearly value in all Issues above reprises 8 l. The reversion of which said Messuage Lands and Premisses with the Appurt in H. aforesaid when it happens I the same Sheriffe have also the same day of taking this Inquisition taken and seised into the hands of his Highnesse the Lord Protector according to the exigence of his Highnesse said Writ And moreover the said Jurors say upon their oaths that the above named R. T. at the time of the taking this Inquisition was and is possessed of all the Goods and Chattels severally mentioned comprised apprised and valued in a certaine schedule to this indented Inquisition annexed as of his owne proper Goods and Chattels and that the whole value of the same Goods and Chattels is forty shillings Which goods and Chattels the same day of the taking this Inquisition I the aforesaid Sheriffe have likewise seised into the hands of his said Highnesse the Lord Protector And the same Jurors further say upon their Oath that the same day of the taking this Inquisition R. J. of G. in the County of N. aforesaid Yeoman was indebted to the above named R. T. in the whole sum of twenty pounds for Rent And also that there is now in the hands of the same R. J. divers Goods and Chattels of the said R. T. that is to say one long Table c. which goods and Chattels together are of the value of 40 s. All which said debt of twenty pounds and the Goods and Chattels of the said value of 40 s. l the Sheriff aforesaid the same day of the taking of this Inquisition have also seised into the hands of his said Highnesse the Lord Protector as in the hands of the aforesaid R. I. And the aforesaid Jurors moreover say upon their Oaths that the within named
R. T. hath no other or more Lands or Tenements at the aforesaid day he became debtor so as abovesaid nor at any time since nor hath he any other or more goods or chattels at the time of the taking this Inquisition in my Bayliwick to the knowledge of the said Jurors In witnesse c. R. S. Esq sheriff By vertue of this Writ to me directed by W. G. and E. D honest and lawfull men of my Baliwick I have given notice to R W. within named Son and Heire of R. W. within mentioned deceased And to W. R. and I. H. Gent. Tertenants of divers Lands and Tenements in my Bayliwick of which the said R. W. the Fther was in his life time seised in his Demesne as of Fee on the morrow of All Soules within specified That they be before the Justices within mentioned at the day and place within contained to shew c. as within it is commanded R. S. Esq sheriff Pledges of prosecuting Io Doo Ric. Roo Summoners of the within named H.W. R.M. R. B. And further by vertue of this Writ the 3d day of Ia in the yeare within written I made publique proclamation according to the forme of the Stat. and the exigence of this Writ R. S. Esq Sheriff The Oath of the Sheriffe YOu shall sweare that you shall well and truly serve his Highnesse the Lord Protector in the Office of the Sheriffe of the County of Yorkshire and do the Common-wealth profit in all things that belongeth to you to do by way of your office as far forth as you can or may You shall truly keep the Common-wealths right you shall not assent to decrease or lessening or to concealment of his Highnesse rights or of his Franchises And whatsoever you have knowledge that his Highnesse rights have been concealed or with-drawn to be in Lands Rents Franchises or Suits or any other things you shall do your true power to make them be restored to his Highnesse again And if you may not do it you shall certifie his Highnesse the Lord Protector his Councel or some of them thereof You shall not respite his Highnesses debts for any gift or favour where you may raise them without great grievance to the debtors You shall truly and rightfully treat the people of your Sheriff-wick and do right as well to poor as to rich in all that belongeth to your office You shall do no wrong to any man for any gift or other behest or promise of goods for favour nor hate You shal disturb no mans right You shall truly acquit at the Exchequer all those of whom you shall receive any thing of his Highnesses debts You shall take nothing whereby his Highnesse or the Common-wealth may loose or whereby the right may be letted or disturbed and his Highnesse or the Common-wealth delayed You shall truly returne and truly serve all his Highnesses Writs as far forth as shall be to your cunning You shall not have to be your under-Sheriff any of the Sherifs of the last yeare past You shall take no Baylif into your service but such as you will answer for you shall make Oath of your Baylifs to make such oath as you make your self in that which appertaineth to their occupation you shall receive no Writ by you nor any of yours unsealed or any sealed under the seale of any Justice saving the Justices of Assize or Justice assigned in the same Shire where you are Sheriffe or other Justices having power and authority to make any Writs unto you by the Law of the Land or of the Justices of Newgate you shall make your Bayliffs of true and sufficient men in the Countrey Also you shall do all your power and diligence to destroy and make to cease all manner of Heresies and Errors commonly called Lollaries within your Bayliwick from time to time to all your power assist and be helping to all the Ordinaries and Commissaries You shall be dwelling in your own proper person within your Bayliwick for the time you shall be in the same Office except you be otherwise licenced by his Highnesse the Lord Protector You shall not let your Sherifwick nor any Bayliwick thereof to any man You shall truly set and return reasonable and due issues of them that be within your Bailiwick after their estate and behaviour and make your pannels your selfe of such persons as be next most sufficient and not suspect nor procured as it is by the Statutes provided And over this in eschewing and restraint of Man-slaughters Robberies and other manifold grievous offences that be done daily namely by such as name themselves Souldiers and by other Vagrants the which increase in number and multiply so that the people of this Common-wealth may not in safety ride nor goe to doe such things as they have to do to their intolerable hurt and hinderance You shall truly and effectually with all diligence possible to your power execute the Statutes as the Statute of Winchester and for Vagabonds All these things you shall truly observe and keepe as God you helpe c. An Indenture by a high Sheriffe deputing one to be his under-Sheriff THIS INDENTVRE made c. between A. B. of R. in the County of Yorke Esquire Sheriffe of the said County of the one part And C. D. of W. in the said County Gent. of the other part witnesseth That the said A. B. of assured hope confidence and trust that he hath that the said C. D. will honestly uprightly and sufficiently discharge the office and duty of Under-sherif aswell towards his Highnesse the Lord Protector as all the people of this Common-wealth of England and therein discharge him the said Sheriffe and for the consideration hereafter mentioned hath been pleased and contented to assigne depute ordaine constitute and make and by these presents doth assigne depute ordaine constitute and make the said C. D. his Under-sheriffe of the said County of Yorke authorizing hereby the said C. D. according to the Covenants and Agreements by these presents contained to execute persorme and do all that which to the duty and office of Under-sheriffe of the said County of Y. shall appertaine or to the Sheriffe of the said County without the personall presence of the said Sheriffe may be executed and done and also to receive and take to his owne use all manner of duties and lawfull free commodities profits and advantages to the same office belonging or in any wise lawfully appertaining during such time as the said A. B. shall continue Sheriffe of the said County in consideration whereof the sayd C. D. for himselfe his Heires Executors and Administrators doth covenant promise and grant to and with the said A. B. his Executors Administrators and Assignes and every of them by these presents That he the said C. D. shall and will during such time as the said A. B. shall continue remain and be Sheriff of the said County of Y. honestly truly and sufficiently execute and
and their and every of their Lands Tenements Goods and Chattels of and from all fines issues and amerciaments and other penalties forseitures paines corporall and pecuniary whatsoever whereby or wherewithall the said A. B. his heires executors or administrators or his or their Lands Tenements Goods or Chatels shall or may be charged or chargeable for his the said A. B. or the said C. D. not executing not filing neglecting mis-executing evill returning not serving mis-returning or mis-filing any of the said Writs Processe Precepts Warrants or Commandments aforesaid or for the absence evill attendance or not attendance of the said A. B. or of the said C. D. or his Deputy as aforesaid or other misdemeanors in the executing not executing or misexecuting of the said office in any thing which the said C. D. might by vertue of these presents by himselfe or his Deputies execute or performe other then from such fines issues amerciaments and other penalties as shall be imposed or adjudged upon or against the said A. B. for or in respect of any offence sault or negligence by the said A. B. at any time after the day of the date of these presents committed omitted or done or to be committed omitted or done by himselfe in his own person or by any other except the said C. D. by his the said A B. his commandment or appointment without the consent of the said C. D And that the said C. D. shall himselfe or his sufficient Deputy or Deputies duly and lawfully keep or cause to be kept within the said County of Y. all and singular County Courts of the said County at such times and places as heretofore hath been accustomed And that he the said C D shal and will make and appoint one or more Attorney or Attorneys Deputy or Deputies of Record in the Courts of Record now commonly called the Upper Bench Common Bench and Exchequer and in all other Courts and Offices wherein Attorneys are commonly appointed And so shall and will ordain appoint and make one or more able Deputy or Deputies for him the said A. B. in every hundred within the said County of Y. according to the Lawes and Statutes in these cases provided so that the said A. B. shall not hereafter be liable to any penalty or forfeiture for want of any such Attorney or Deputy And shall and will at his own proper costs and charges appear and make ready all such place and places where the Assizes Goal-delivery or Sessions shall be from time to time holden meet and convenient Courts Bars and all other things necessary and convenient for the Justices of Assize and other Justices to keep their Assizes and Goal-delivery and Sessions in and shall and will from time to time give notice in convenient time to the said A. B. of every such time and times place and places where the personall attendance of the said A. B. shall be requisite and necessary so as the said A. B. may be personally present at such times and places when and where his personal appearance and attendance shall be necessary And furthermore that the said C. D. by and during the continuance of the said office shall and will well and truly collect levy gather and seize to the use of his Highnesse the Lord Protector all the goods and chattels of selons and fugitives and of all persons outlawed and put in Exigent and of all persons attainted and convicted of treason murder or felony which shall happen within the said County of Y. during the time aforesaid which shall be due or forfeited to his Highnesse the Lord Protector by any wayes or means aforesaid And shall and will from time to time well and truly collect and gather up all Fines Amerciaments Extracts Certainties Fee-farms Pipe-silver for License Concord for Fines Green wax and all other sum and sums of money which to the collection of the said A. B. by reason of the Sherifwick of the said County shall appertain or belong and which the said C. D. shall have warrant or lawfull Authority to seize levy or collect or which he shall have notice of and may reasonably come by and thereof and of every part thereof and of all other the issues and revenues of the said County and of all sums of money due or hereafter during the continuance of the said Office of Sheriffwick of the said County doth or may appertain shal and will to his Highnesse the L. Protector in the Court of Exchequer aforesaid yield and give just accompt and asso that he the said C. D. his Executors or Administrators at such days and terms as he the said A. B. is or shal be required to enter into accompt of the Court of Exchequer for or touching the said Office the said C. D. shall and will enter into accompt in the said Court of Exchequer in the name of the said A. B. for and concerning the said Sherifwick of the said County of Y. in and upon which accompt the said C. D. his Executors and Administrators shall and will truly answer all such debts duties and sums of moneyes as the said C. D. his Deputies Officers or servants or any of the Bailiffs of any of the Hundreds of the said County shall have received or might have received or wherewith the said A B. as Sheriff of the said County shal be any ways charged or chargeable with upon the same accompt And the same accompt shall and will at his the said C D. his own costs and charges prosecute with effect untill the same accompt be fully finished and concluded without demanding any allowance or allowances of the said A. B. his executors or administrators for the same And also that the said C. D. his executors and administrators shall and will pay into the Receipt oâ— Exchequer all such summes of money as upon the said accompt shall be found in arrearages within one year next after the feast of S. Michael next ensuing the date hereof and in the name of the said A. B. obtain a lawfull discharge and Quietus est out of the said Court of Exchequer for him the said A. B. and the same shall and will deliver unto the said A. B. his heirs executors or assignes for a full discharge of him the said A. B his heirs executors admistrators and assignes or concerning the said Sherifwick of the said County of Y. within one year next after the said feast of S. Mich. and that the said C. D. his heirs executors administrators and asgnes or some or one of them shall and will at some or one of their owne proper costs and charges disburse and pay for the said A. B. all and all manner of sees duties charges summ and summs of money rewards gratuities and demands whatsoever which shall be required demanded or demandable of the said A. B. as due or accustomed to be paid or given by the Sheriff of the said County for or by reason of the said
of the Peace or before any other person or persons having any lawfull authority to summon the same persons and that he himselfe shall personally attend at the same Assize and Gaole-delivery Sessions of the Peace and at the County Court to make his just returnes and doe all the services belonging to the Bayliffe of a Wapentake if he be in health or able to performe the same or otherwise by his sufficient Deputy to be allowed under the High Sherifs seale of Office 5. Item That he the said C. D. shall before the twelfth day of January next coming deliver or cause to be delivered unto the hands of the said High Sherif or Under-sherif one paper booke fairely written containing the names sir-names and additions together with the dwelling places of all such Free-holders as are now dwelling and resident within the said Wapentake of Ewcross and shall likewise save and keepe harmlesse the said Sherif his lands and tenements goods and chattels of and from all issues and amerciaments which shall or may be charged upon them or any of them for and by reason of returning not returning or mis-returning of any Free-holder or Free-holders by the said C. D. or his Deputies 6. Item That the said C. D. his Deputy or Deputies shall bring or cause to be brought to the Castle of Y. all such person and persons as shall by them or any of them be arrested by vertue of any Warrant or Warrants upon any Capias utlegatum or Capias ad satisfaciendum And that likewise upon all Arrests of persons baylable take sufficient bond with two sureties for their appearance at the returne of the VVrit and the said Bonds so taken shall deliver unto the Under-sherif or his Deputy by the space of sixe dayes before the respective dayes of their severall appearances 7. Item That neither the said C. D. nor any of his Deputies make any sale of any goods by him or them or either of them seised or taken for any of his Highnesses debts or upon any execution between party and party Nor shall detaine or keepe in his or their hands any goods so taken by the space of foure dayes but shall bring send or deliver the same unto the said Under-sherif his Deputy or Deputies with a true Copy of their appraisements and the names of the appraisers in case the owners or some friends for them shall deny to take them as they are apprized or to pay the debts and summes for which they were so seised and taken together with the reasonable charges expended concerning the same and every of them shall and will from time to time within sixe dayes after notice or command to him or them given by the said High Sheriffe or his Deputy repaire and come to his Office at Y. or else-where and then and there make a just and perfect account for and concerning all Fees aswell for Arrests and Perquisites of Courts as for all other dues and profits unaccounted whatsoever for and which he and they or any of them shall have received and taken during such times as he the said C. D. shall continue Bayliffe of the said Wapentake which of right belongeth unto his Highnesse or the said now Sheriffe or his Under-sheriffe And the said high Sheriff or Under-sheriffe upon his true account so be made by the said C. D. shall returne unto him the said C. D. all the overplus of the said summe so deposited by the said C. D. to the said high Sheriffe or his lawfull Deputy as shall remaine in his the said Sheriffs hands after the perfecting of the said account 9. Item That he the said C. D. shall after the severall generall Assizes and Gaole delivery and Sessions of the Peace be present and ready in his owne person safely to carry and conduct the prisoners condemned to the place of Execution and not to depart thence without licence from the high Sheriff or his Under-sheriff And shall likewise from time to time so often as he shall be thereto required by the sayd Sheriff Under-sheriffe or his Deputies be ready to ayd and assist them or any of them for the apprehending of any Traytor Priest or Felon or for any other matter or thing whatsoever concerning his Highnesses service within the said County In witnesse whereof c. The Bond for the performance of these Articles is ordinarily made as all other bonds are for the performance of Covenants A Bond entered to a Sheriffe for ones appearance in the Common Bench. KNow all men by these presents that we A. B. of S. in the County of Y. Gent. C. D. of R. in the said County Esquire and E. F. of T. in the said County Yeoman are holden and firmly bound to G. M. Esq High Sheriff of the County of Y. in 30 l. of good and lawfull money of England to be payd to the said G. M. his Executors Administrators or Assignes To the which payment well and truly to be made we binde us and every of us by himselfe for the whole and in the whole our Heires Executors and Administrators firmely by these presents Sealed with our seales dated the twentieth day of June in the yeare c. The Condition THe Condition of c. That if the above bounden A. B. do appear before the Justices of the Common Bench at Westminster in the morrow of the holy Trinity to answer M. N Gent. in a plea of Debt That then this present Obligation to be voyd c. In the Upper bench thus THe Condition c. That if the above bounden A. B. do appeare before his Highnesse the Lord Protector of the Common-wealth c. at Westminster on Saturday next after the morrow of St. Martin to answer to M. N. of a plea of Trespasse That then c. Note that Upper Bench Writs are alwayes returnable upon a day certain as on Monday or Tuesday or Thursday c. next after the morrow of St. Martin c. and are alwayes in trespass But Common Bench Writs are in Debt Trespasse Account Trespasse upon the Case c. as the case requires and are not returnable on a day certaine but returnable on the morrow of the Holy Trinity or the morrow of St. Martin c. An Indenture of Covenants to a Sheriffe to save him harmlesse for returning a Devastavit against an Executor THIS INDENTVRE made c. Betweene Sir A. B. Knight High Sheriffe of the County of Y. and C. D. Gentleman Under-sheriffe of the said high Sheriffe of the said County of Y. of the one part and E. F. of c. of the other part Witnesses That whereas the said E. F. hath obtained and sued out of his Highnesse Court of Common Pleas at Westminster his Highnesses Writ of Fieri facias to the said Sheriffe directed bearing Teste the 29 day of June now last past and returnable in the said Court in 8 days of the holy Trinity last past thereby commanding the said high Sheriffe to
Appeal he shall never be received to make his Appeal afterwards Note That an Appeale of Death may be commenced before the CORONER and Processe awarded to the Exigent but the Pleashall not be determined before him Br. Appeale 62. the end Corone 82. Westminster 1. Cap. 10. The Sheriff shall have counter-rolls with the Coroners aswell of their Appeals as of Enquests of Attachments and of other things which to that Office appertains An Appeale of Murther by the wife of him that is slain A. B. the late Wife of C. B. in proper person instantly Appeales E. F. late of S. in the County of YORKE Gent. in the custody of H. R. Sheriffe of the County aforesaid and to the Barre brought in her owne person of the death of the aforesaid C. B. late her Husband of that that where the same C. B. the tenth day of May in the yeare of our Lord 1658. was in the peace of God and the said Common-wealth working and labouring in digging of Lime-stones in the Land of T. W. Esq called R. in a certaine place there called a stone Delph or pit at S. in the County aforesaid where there came the aforesaid E. F. as a Felon of the said Common-wealth and by assault and of malice fore-thought upon the aforesaid C. B. the said tenth day of May in the yeare c. aforesaid about the seventh houre in the forenoon of the same day by force and armes that is to say with staves knives swords c. at S. aforesaid in the place aforesaid an assault made and the same C. B. then and there feloniously and wilfully slew and murthered and the same C. B. so slain incontinently layd in a coner of the said stone delph or pit and covered him with the Lime-stones then and there lying in the said stone delph or pit in the Parish of S. in the County aforesaid against the publique peace and as soon as the same Felon the felony and murther aforesaid had done fled and the aforesaid A. B. then freshly pursued from Towne to Town as farre as four Townes next and farther untill c. And if the aforesaid E. F. the felony and murther aforesaid done will deny then the aforesaid A. B. is ready the felony and murther aforesaid against them to prove as the Court here c. and she found pledges of Prosecution of this Appeale to wit J. D. and R. R c. If the Appeale be by the heire of the person murthered then thus A. B. next of blood and Son and Heire of C. D. in proper person Appeals E F. late of S. in the County of Y. Gent. and G. H. late of R. in the County aforesaid Esquire in the custody of H. B. Sheriffe of the County aforesaid and to the Barre brought in his owne person of the death of the aforesaid C. D. lately his Father of that that where the same C. D. the day of c. in the yeare c. An Appeale of Mayheim A. B. in his proper person Appeales C. D. of S. in the County of Yorke Esquire for that that where A. B. was in the peace of the Common-wealth now at c. the same C. D. came and made an assault upon him of fore-thought malice and armed in such a manner cut off the right hand of the said A. B. or with such staffe struck him upon the head whereby he pierced the scull of his head or with a stone struck out his three fore-teeth whereby he maymed him feloniously and as soon c. and if c. the same A. B. this is ready against him to prove as the Court c. Of wounding thus A. B. in his proper person c. of that that where the said C. D c. the said A. B. with such a weapon strucke him and wounded him in such a part of his body which wound contained so much in length so much in breadth and so much in depth and this wound he gave him feloniously and as soone c. and if c. the same A. B. this is ready against him to prove as the Court c. An inquisition in Man-slaughter AN Inquisition indented taken at the Parish of S. in the County of Middlesex the 25th day of March in the yeare of our Lord 1659. before T. E. Gent. one of the Coroners of the County aaforsaid upon view of the body of W. F. then and there lying dead by the Oaths of I.W. R.W. H.P. I.A. I.B. L.S. ML I.K. S.B. W.H. R.G. N.D. good and lawfull men of the Parish aforesaid and of foure other Townes in the County aforesaid the said Parish next adjoyning who being sworne to enquire for the LORD PROTECTOR of the Common-wealth of England Scotland and Ireland c. When and by what meanes the said W. F. came to his death say upon their Oaths that the said E. L. late of the Parish of S. aforesaid in the County aforesaid Labourer the twentieth day of March in the year of our Lord 1659. aforesaid not having the feare of God before his eyes but being moved and seduced by the instigation of the Devill with force and armes c. at the Parish aforesaid in the County aforesaid in and upon the said W. F. in the peace of God and in the publique peace then and there being feloniously did make an assault And that the said E. L. the said W. F. then and there to the ground did throw and cast downe and the said E. L. with the left hand and both the feet of him the said E. L. the aforesaid W. F. so as aforesaid upon the ground lying in and upon the breast felloniously did strike beate and kicke giving to the said W. F. then and there with the said left hand and both the feete of the said E. L. in and upon the breast of the said W. F. one mortall bruise of the length of sixe inches and of the bredth of four inches of which said mortall bruise the said W. F. then and there instantly languished and lived languishing from the said nineteenth day of March untill the said 20th day of March on which said twentieth day of March in the yeare aforesaid the said W. F. at the Parish aforesaid in the County aforesaid of the mortall bruise aforesaid dyed And so the Iurors aforesaid upon their Oaths aforesaid do say that the said E. L the aforesaid W F. felloniously did kill and slay in manner and forme aforesaid against the publique peace What Goods and Chattels the said E. L. had at the time of the Felony aforesaid in manner and form aforesaid by him done and committed to the said Jurors is altogether unknown In witnesse whereof as well the Coroner aforesaid as the Jurors aforesaid to this Inquisition have set their Seales the day and year first above written An Inquisition in Man-slaughter where one was starved and perished for want of sustenance AN INQVISITION indented taken at Hamstead in the County of Middlesex the 20th day
of December in the yeare of our Lord God 1658. before I. G. Gent. one of the Coroners of his Highnesse the Lord Protector of the Common-wealth of ENGLAND c. of the County aforesaid upon view of the body of W.T. there lying dead and slaine By the Oath of R.H. W.P. T.E. M.W. I.M. N.D. A.P. P.B. R.B. R.C. I.B. E.F. I.W. I.C. I.H. D.C. I.S. I.M. good and lawfull men of Hampsteed aforesaid and of foure other Villages in the County aforesaid to Hampsteed aforesaid next adjoyning who being charged and sworne to enquire how when and after what manner the said W. T. came to his death doe say upon their Oaths that I. B of W. in the County aforesaid Taylor and S. his Wife not having God before their eyes but being moved and seduced by the instigation of the Devill the 20th day of November in the yeare of our Lord God 1658. aforesaid with Force and Armes c. at W. aforesaid in the County aforesaid in and upon the said W. T. then the Apprentice of him the said I. B. in the peace of God and in the publique peace then and there being feloniously wilfully and of their malice afore-thought did make an assault and that she the said S. then that is to say the said 20th day of November in the yeare aforesaid and divers other dayes and times as well before as after at W. aforesaid in the County aforesaid feloniously wilfully and of her malice afore-thought did withhold and with-draw from him the said W. T. and did not allow and give unto him the said W. T. good and sufficient Foode sustenance raiment lodging physicke and other necessaries with the intent the said W. T. for want thereof should miserably languish perish and dye of which said with-holding and with-drawing from him the said W. T. and not giving and allowing unto him the said W. T. good and sufficient food sustenance rayment lodging physicke and other necessaries by her the said S. the said W. T. from the said zoth day of November in the yeare aforesaid untill the 15th day of December then next ensuing in the yeare aforesaid at W. aforesaid in the County aforesaid miserably did languish and languishing miserably lived on which said 15th day of December in the yeare aforesaid the said W. T. for want of good sufficient food sustenance rayment lodging physicke and other necessaries at W. aforesaid in the County aforesaid miserably perished and dyed and that he the said J. B. together with the said S. his Wife at the time of the Felony and Murder aforesaid by the aforesaid S. in manner and sorme aforesaid done and committed Feloniously and wilfully and of his malice afore-thought was present abetting ayding assisting comforting and maintaining the said S. the said W. T. in manner and forme aforesaid to kill and murder And so the Jurors aforesaid do say upon their oath aforesaid that they the said I. B. and S. his Wife the said W. T. in manner and forme aforesaid seloniously wilfully and of their malice afore-thought did kill and murther against the publique peace c. And so the said W. T. came to his death and not otherwise nor any other manner then is as abovesaid what Goods and Chattels Lands or Tenements the said I. B. and S. his Wife at the time of the Felony and Murther aforesaid by them the said I. B. and S. his Wife in manner and forme aforesaid done and committed or any other time afterwards unto the taking of this Inquision had they the said Jury are altogether ignorant of In witnesse whereof as well the said Coroner as the said Jurors to this Inquisition have set their Seales the day and yeare first above written Inquisition where one is slaine by misfortune by a Cart loaden with hay AN Inquisition indented taken at c. Who say upon their Oaths that the aforesaid A. B. the tenth day of May in the yeare c. abovesaid at S. aforesaid in the County aforesaid going with his Cart from S. aforesaid to L. in the said County by the way between S. and L. aforesaid that is to say at c. aforesaid in the County aforesaid his said Cart loaded with Hay fell upon the body of the said A. B. and so bruised and brake his body that of that bruising and breaking the aforesaid A. B. then and there instantly dyed And so the Jurors aforesaid upon their Oaths aforesaid say that the aforesaid A. B. in manner and forme aforesaid by mis-forture to his death came And further the Jurors aforesaid upon their Oaths aforesaid say that then and there four horses with the Cart aforesaid and their load of Hay containing in weight by estimation fourty stone moved to death the aforesaid A. B. and that the aforesaid foure horses are of the price of eight pounds and ten shillings and that the aforesaid Horses and Cart remaine in the custody of C. D. of S. aforesaid to wit the late Wife of the aforesaid A. B. and that the aforesaid fourty stone of Hay is of the value of fourty five shillings and eight pence and remaine in the custody of E. F. of S. aforesaid Gent. In testimony whereof aswell the Coroners aforesaid as the Jurors c. Another where one by misfortune is slain by the fall off a Scaffold AN Inquisition indented taken c. who say upon their Oaths that the aforesaid P. H. the 25th day of August in the year c. abovesaid at St. K. aforesaid in the aforesaid County did set up a certaine Scaffold made of Deales and Fir-poles to the House of I. B. scituate and being at St. Katherines aforesaid there to tyle the said House And E. W. having M. C. the Daughter of W. C. an Infant in her armes going in the common High-way by the said House and the said P. H. being at worke alone then and there on the said Scaffold And the said Scaffold being made with rotten Timber one of the Fir-poles bearing the said Scaffold did break so that the said Scaffold did fall on the head of the said M. C. and the scull of the head of the said M. C. a little above the left eare of the said M. C. then and there did mortally bruise and breake of the length of two inches and of the breadth of one inch of which said mortall bruise and break the said M. C. instantly languished and lived languishing from the said 25th day of August in the yeare aforesaid untill the seven and twentieth day of the same moneth of Aug on which said seven and twentieth day of August in the yeare aforesaid the said M. C. at the Liberty aforesaid in the County aforesaid of the said mortall bruise and break dyed And so the Jury aforesaid upon their Oaths aforesaid say that the said H. P. the said M. C. did slay and kill by misfortune and against his will in manner and forme aforesaid What Goods and Chattels the said H. P. had at the time of the
Man-slaughter my mis-adventure in manner and forme aforesaid by him committed and done against his will to the said Jurors is altogether unknown In witnesse whereof as well the Coroner aforesaid as the Jurors aforesaid to this Inquisition have set their Seales the day and year first above written An Inquisition where one drownes himselfe AN IN QVISITION indented taken c. Who say upon their Oaths that the aforesaid A. B. the second day of May in the yeare c. aforesaid about the houre of eight in the Morning of the same day not having GOD before his eyes but by instigation diabolicall seduced and moved of his malice fore-thought at M. aforesaid in the County aforesaid then and there alone being in a common River there himselfe willingly and feloniously drowned And so the Jurors aforesaid upon their Oaths aforesaid say that the aforesaid A. B. in manner and forme aforesaid then and there willingly and feloniously as a Felon of himselfe himselfe flew and murthered against the peace c. In witnesse whereof as well the said Corouers as the said Jurors c. If one hang himselfe then the Inquisition thus AN IN QVISITION indented the hour c. not having GOD before his eyes but by the instigation of the DEVIL feduced and moved at S. aforesaid in a certaine Wood or Grove to the said S. adjoyning then and there alone being with one Hempen Rope of the value of one penny which he then and there in his hands had and held and one end thence about his necke then and there put and one end thence about the bough of a certaine Oake tree bound and himselfe then and there with the rope aforesaid wilfully and feloniously hanged and strangled And the Jurors aforesaid upon their Oaths aforesaid say c. SHERIFFS TOURN AND Court-Leet Of the Originall of first Institution of them ALFRED Governour of this Common-wealth in the year of mans redemption 872. was the first institutor of this Court which we now determine to treat of then called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is to say the Assembly of the Shire Sheriffs Tourn and sometimes called the Sheriffs moot It seems to have the appellation of Sheriffs Tourn of the French word Tour viz. Ambitus circuitus vicissitudo and is by Britton styled Tour cap. 61. sub fine capitis as if we should say The Sheriffs course or perambulation For as Britton noteth in his 29th Chapter that which before the Sheriffe is called the Sheriffs Tourne is called in the Court of Franchises and Hundreds The view of Frank-pledge Wherein enquiry is specially made of such as be not in any Dozin with whom Fleta accords And by Fleta it appeareth that this Tourn was the Sheriffs course to keep his Tourn in every Hundred l. 2. cap. 52. Habet etiam rex eur ' suam in turnis vic' vicibus Hundred ' c. And in many Books it's denomination is the Kings Leet and Sheriffs Leet Two Courts were assigned to the Sheriffe by the said Alfred by which two Courts the whole County was governed viz. the County or Shire Court for one man to have remedy against another in any matter arising between them under fourty shillings And the Sheriffes Tourn unto which every man within the County above the age of 12 yeares and under 60. are compelled to come that they might not be ignorant of the things there published or given in charge whereby they were to be governed and this was called Suite reall by reason of their Allegiance Unto which they were sworn to be true and loyall to the King And it was learnedly spoken by a reverend Judge Justice Flemming in a Speech of his concerning the necessity of Sheriffs Tourns and Law-dayes who said that it was Schola insigniendi juvenes a School to direct and instruct young men in the ancient Lawes of the Common-wealth and to prepare them for greater employment at more great Conventions as the Assize Gaole-delivery or Sessions of the Peace Now because the people did undergo great trouble and vexation in travelling to the Sheriffs Tourn Leets or View of Frank-pledge were granted to Lords of Mannors within certain precincts yet this Court in whose Mannor soever it is kept is accounted the Kings Court because the authority thereof is originally appurtenant to the Crowne and thence derived to inferiour persons And Dyer likewise saith that this Court was first derived from the Sheriffs Tourn This Court is a Court of Record in all things that appertain to the Tourne or Leet and Sheriffe of the Tourne or Steward of the Leet are therein Judges of Record For whosoever hath the Leet hath the same authority within the Precinct as the Sheriffe hath within the Tourn Of the power and authority of the Judge of the COVRT THe Steward or Judge hath a double power and authority in the Court. 1. Election of Officers 2. Correction or punition of offenders In that of punition a double Act is to be respected 1. Actus Curiae the act of the Court. 2. Actus Patriae the act of the Countrey or Jury The authority of these two Acts do encounter with two sorts of offences or misdemeanors being furnished with a double weapon 1. Fine 2. Amerciament The one sort of offences are Extra curiam The other sort are In curia 1 Now to oppose and subdue those extrinsicall offences viz. those that are Extra curtam The Jurors that are sworn to present have peculiar cognizance and therefore authority and power to present them and to assess Amerciaments 2 The second weapon to oppose intrinsicall offences viz. those that are in curia which offences are either in omitting or neglecting a duty enjoyned which ought to be performed by the Jurors Constable Bayliffs c. or in committing some contempt and disorder in the face of the Court by any Officer or Suitor The Steward hath cognizance and may punish it by Fine without enquiry by the Countrey As If a suitor being sworn of a Jury shall refuse to make a presentment there or if he do depart without giving up his Verdict or if he refuse to be sworne the Sheriffe or Steward may impose a reasonable Fine upon him He may impannell a second Jury to enquire of the defaults and concealments of the first and to fine them for their offence For default of resians he may compell a stranger coming within the View to be of the Inquest What may be enquired of in this Court THe Steward may enquire of severall particular misdemeanors comprized and enumerated in the Statute of 18 E. 2. even from the highest Treason to the lowest Trespasse though not here punishable Which so farre as they may concerne the modern jurisdiction of our present times such as are neither absolute nor antiquate you shall finde in this ensuing Tract viz. In the charge of this Court What things are not to be enquired of in this Court
Court by force and Armes c. willfully and feloniously of malice by him pretended did burn the house of one E. F. against his Highnesses peace and the peace of the Commonweall therefore the Bayliff is commanded to seise all his lands and tenements goods and chattells that he may answer for them to the Lord of this Mannor A Presentment of a Felon ALso they present That A. B. of c. Yeoman ' such a day c. at S. within the Jurisdiction of this Court by force and arms c. and against the publick peace the Close of C D. at S. aforesaid broke and entred into and one silk coat called Tabby of an Ash colour of the goods and chattels of the said C. D. then and there found feloniously took and carryed away Therefore it is commanded the Bayliff c. A Presentment of an Accessary ALso they present that A. B. of S. aforesaid gent. such a day c. at S. aforesaid within the Jurisdiction of this Court did councel provoked procured encouraged and abetted one C. D. c. one Cow of black colour c. of the chattel price c. of one c. then and there found feloniously to steal take and drive away and the said C. D. by vertue of the councel provocation procurement encouragment and abetment the aforesaid c. the said black Cow such a day c. year c. felloniously stole took and drove away c. The Oath of the Steward YOu shall swear that you well and truly shall serve the Lord of this Mannor of S. in the office of Steward and truly to see all plaints actions processe and matters in the Courts to be holden before the Lord of this Mannor and by you or your sufficient deputy according to the custome and Libertyes of the said Mannor to be entered and recorded as they ought to be after the best of your cuning skill and power taking for the same your due fees and the perquisites issues profits and amerciaments of the same Courts you shall justly and truly write and yearly extract for the levying and gathering thereof and you shall truly and diligently do and accomplish all other things appertaining to your said office after the best of your knowledge as near as Gods grace shall direct you So help you God c. The Oath of the Bayliff YOu shall swear that you shall well and truly serve his Highness the Lord Protector c. And the Lord of this Leete in the office of Bayliff for this year ensuing and shall well and truly collect all rents Revenues and other annual profits as shall be chargeable issuing out to you And of that you shall make and give a lawful account at the end of the same year and in every other thing appertaining to your office well and truly to discharge in your year ensuing So help you God c. The Oath of the Constable YOu shall swear that you well and truly shall serve his Highnesse the Lord Protector c. in the office of Constable-ship and as Constable of this Town of S. for and during the space of one whole year now next ensuing you shall endeavour your self to the utmost of your power to see the Publicke Peace kept and Watch and Ward observed and kept in this Town as hath been accustomed and as it ought to be likewise you shall endeavour your self to learn and understand the contents of the Statute of Winchester and diverse other Lawes and Statutes of this Nation made for the punishment of rogues vagabonds and sturdy beggars haunting and resorting within the precinct of your office and punish the offenders accordingly Also you shall punish all such persons as do or shall play at any unlawful games according to the Statute in that case made and provided You shall also have regard for the maintenance of Artilery within your said office and that you shall do and accomplish to the utmost of your power So help you God c. The Tithengman or petty Counstables Oath is after the same manner mutatis mutandis onely the Tithingman is sworn to attend on the Constable if he be required when he shall execute his Office Of the Affeerer and his Oath But first let us inquire what he is and from whence his name is derived Minsh saith that Affeerer cometh of the old French word Affeur'er which is to tax or fine and in Latine they are called Affidati as it were men put in trust and appointed to this Office which do affirm upon their Oathes what penalty they think in their conscience the offenders have deserved so that they may mulct such as have committed any fault which is arbitrably punishable and for which no expresse penalty is prescribed by statute The Oath is as followeth You and either of you shall swear that you will truly and indifferently tax assesse and affeer all such Amerciaments as are presented at this Court wherein you shall spare no man for love favour affection or corruption nor raise nor inhance upon any man of malice more grievous amercements then shall be thought reasonable according to the quality of the offence and the faults committed and not otherwise So help you God c. The Oath of the Ale-taster YOu shall well and truly swear that you shall well and truly serve his Highnesse the Lord Protector c. and the Lord of this Leete in the office of Aletaster or Assizor of this Liberty or Hundred for this year to come you shall duly and truly see from time to time that the bread brought to be sould be duly weighed and that the same to continue such weight according to the prices of wheat as by the Statute in that behalf is provided likewise you shall have diligent care during the time of your being in office to all the Brewers and Tiplers within your office that they and every of them do make good and wholesome Ale and Beer for mans body and that the same be not sould before it be assayed by you and then to be sold agreeable to the prices limitted and appointed by the Justices of Peace and all faults committed or done by the Bakers Brewers or Tiplers or by any of them you shall make known and present the same at this Court whereby due and condigne punishment may be inflicted upon them for their offences accordingly and in every other thing you shall well and truly behave your self in the said office for this year to come So help you God c. Of the Hayward Beadel or Greve and his Oath HAyward hath its derivation from the French word Haye i. e. sepes a hedge and Garde i. e. custodia a keeper of the hedges With us it signifies one that keepeth the Common heard of the Town and yet one part of his office is to look that they break not the hedges of inclosed grounds He is called by the Latines Bedellus i. e. oppidi vel civitatis servus You shall swear that you
quod sit ita justus quod ob vindictam vel cupiditatem non quaerat versus tenentes Domini vel aliquos sibi subditos occasiones injustas per quas destrui debeant seu graviter amerciari The difference betwixt Court-Leet and Court Baron HAving travelled thus far in this pen-beaten way we will now inquire the difference between Court-Leet and Court-Baron and here these Courts differ from Court-Leets in divers respects and first in this that Court-Barons by the Law may be kept once every three weeks or as some thinke as often as it shall please the Lord of the Mannor though for the better ease both of Lords and tenants they are kept but very seldome but a Court-Leet by the Statute of Magna Charta cap. 35. 31 E. 3. cap. 15. is to be kept but twice every year one time within the Month after Easter and another time within a Month after Michaelmas 2. Secondly in this that Court-Barons may be kept in any place within the Mannor but a Court-Leet by the said Statute of Magna Charta is to be kept in certo loco ac determinato within the precinct 3. Thirdly in this that originally Court-Barons belonged unto inferior Lords of Mannors but Court-Leets belonged unto the King only 4. Fourthly in this that Court-Barons are inseperably incident to every Mannor so that every Lord of a Mannor may keep a Court-Baron but few have Leets for inferior Lords of Mannors cannot keep Court Leets without speciall prescription or some speciall patent from the King 5. Fifthly in this that in Court-Barons the Suitors are Judges but in Court-Leets the Steward is Judge 6. Sixthly in this that in Court-Barons the Jury consisteth oftentimes of lesse then twelve in Court-Leets never because none are impannelled upon the Jury but Freeholders in Court-Barons of the same Mannor but in Court-Leets strangers are oftentimes impannelled 7. Seventhly in this that Court-Barons cannot subsist without two Suitors ad minimum but Court-Leets can well subsist without any Suitors 8. Eighthly in this that Court-Barons enquire of no offences committed against the Protector but Court-Leets enquire of all offences under High-Treason committed against the State and dignity of the Protector 9. In many other respects they differ as that a Writ of error lieth upon a Judgement given in a Court-Leet but not in a Court-Baron 10. So in a Court-Leet a capias lieth but in a Court-Baron instead of a capias is used an Attachment by goods 11. So in a Court-Baron an action of Debt lieth for the Lord himselfe becanse the Suitors are Judges but in a Court-Leet the Lord cannot maintain any action sor himselfe because the Steward is judge Of the time when and place where this Court is to be kept THE usual and accustomed time is to keep it once every three weeks and although no Court hath time out of minde been holden within the Mannor yet it is not thereby extinct and lost for it is incident to a Mannor of Common right Coo. l. 4. 26. and 6. 27. a. And to the place where it is to be kept it may be kept and holden in any place within the Mannor as the County Court in any place within the County and Hundred-Court in any place within the Hundred for as to every Mannor a Court is requisite and incident to it so is it transitory throughout the whole Mannor and every part of the Demesnes of the Mannor is capable of a Court to be holden there But if it be holden out of the Mannor it is void unlesse a Lord being seized of two or three Mannors and hath usually time out of minde holden at one of his Mannors Courts for all his said Mannors there by custome such Courts are sufficient in Law though they be not holden within the severall Mannors The manner and Method of keeping the Court. THE Court-Baron of A. B. Esquire of his Court-Baron aforesaid held the 18. day of October in the year of our Lord 1658. before C. D. Steward there After you have entered the Stile of the Court command the Bayliffe to make Proclamation O yes c. and say All manner of Persons that have been summoned to appear here this day or have any thing to do at this Court draw near and give your attendance Or if any will be Essoyned or enter any plaints let them come forth and they shall be heard Which Essoyn is thus entred viz. A. B. is Essoyned for suit of Court by C. D. And Plaints are entred in this manner A. B. complains against C. D. of a plea of Trespasse debt or as the case requires And the proceeds upon plaints are the very same as in the County Court Call the Freeholders and those that make default let them be amerced in this manner viz. A. B. Esquire and C. D. Yeoman are Free-holders of this Court and have made default therefore each of them is amerced as may appeare upon their heads Then enter over their heads thus Amerced two pence Then command the Bayliffe to call the Jurors I. D. Jur. C. D. Jur. B. A. Jur. R. R. H. I. D. C. S. T. K. L. F. E. V. W. M. N. R. P. Then call the Foreman to the Booke and swear him after this manner You shall swear that you as Foreman of this Homage with the rest of your fellowes shall duly inquire and true presentment make of all such articles and things as shall be given you in charge and therein you shall spare no man for love favour or affection nor present any man for malice hatred or envy but according as things here presentable shall or may come to your knowledge by information or otherwise So shall you make there true presentment without concealment So help you God c. The Foreman being sworne call the rest by their names and sweare them by soure at a time in this manner The same oath that I. D. your Foreman hath taken before you on his part you and every one of you shall observe and keepe of your parts So helpe you God c. After the Inquest thus impannelled and sworn make another O yes and say You good men that are impannelled draw near and you and all other keep silence during the Charge An Exhortation to the Jury MY MASTERS YOU that be sworne before I give you your Charge I think it necessary to declare by what authority you are commanded hither and for what cause Chiefely you are appointed to be and appeare here being that you are the Lords Tenants and are obliged by reason thereof to appeare at the Lords Court-Baron when it snall be holden according to the Law and Custome of this Mannor that is to say at every three weekes end being warned and being by the same authority there to end and determine injuries trespasses debts and other actions where the debt or damage is under forty shillings And also that nothing be acted within the
Mannor which shall be a detriment to the Inheritance of the Lord of this Mannor which ought to be enquired and presented for the Lord And that you be the more diligent and carefull in enquiring and presenting the same I have ministred a corporall oath unto you which is an Invocation or taking to witnesse the name of God to confirme the truth of that you shall say and present minding neither fraud nor deceit but only the truth not partial but seeking the glory of the Almighty the commodity of your neighbours and the whole Common wealth Thus much of exhortation in briefe and now to your Charge The Charge 1. FIrst you shall enquire of the Suitors which owe any Suit to this Court whether they be heires or no and present their names that make default for they which be absent ought to be present here as well as you except they have some lawfull impediment to the contrary for they hold their lands aswell to do their suit as to pay their rent so that if they do not theīr suit they shall be amerced or the Lord may have good remedy for the same Also you shall understand that every common Suitor is bound by the Lawes to appeare at the Lords Court-Baron every three weeks notwithstanding the Lord for your ease which he esteemeth more than his own profit suffereth it to be kept but seldome as appeareth for which cause every of the Tenants ought to be more willing to come unto his Court at such times as are appointed for the holding of it for if they voluntarily absent themselves then they render evil for good for when they did their Fealty they were sworne to be true tenants unto their Lord and to pay and doe all manner of suits customes and services due for their Tenements at their day assigned and therefore let every man remember his oath and duty and doe his suits and services according to the same otherwise he shall fall into the danger aforesaid 2. Next you shall enquire whether there be any tenants dead since the last court-Court-day or before whose death as yet is not presented and you shall present the same also what lands and tenements he holdeth of the Lord of this Mannor at the time of his death and by what services to wit whether it were by Knights-service Soccage tenure or Copyhold and what advantage the Lord shall have by his death as Reliefe Escheat Fine Heriot c. and who is his next heire and what age he is of and in whose custody and present it You shall understand there be divers manner of Tenures but most men do hold by Knights service or Soccage Tenure Knights service is when the Tenant holdeth of the Lord by Escuage that is to say by the service of the Shield also to hold by Castle-guard to wit to keep a Castle or Tower or other place of his Lords upon reasonable notice when the Lord heareth that enemies come into England that is Knights service Also he that holdeth by Homage fealty and Escuage holdeth by Knights service Also he which holdeth of his Lord to blow a Horne to warne the men of that Courtrey when Enemies do invade England holdeth by Knights service and Knights service ought always to be done by a man in his proper person which formerly drew unto it Ward and Marriage and at this day reliefe for when such a Tenant died seised and his heir male within age and unmarried the Lord and the Land holden of him and also the marriage of him untill he were of full age viz. the age of 21 yeares But if such a tenant died seized his heire female being of fourteene yeares or more then the Lord should neither have had the Wardship of the Land nor of her body for the Law intendeth that a woman of that age may have a Husband able to do Knights service and if she were within fourteene yeares of age and unmarried then the Lord had the Wardship of her Land and also of her body until she attained the age of sixteen years and this at this day is extinct of which see more in the Act of Parliament for the taking away of the Court of Wards And some such Tenants do hold by halfe a Knights service and some by halfe a Fee and some by more and some by lesse and if such a Tenant dieth which holdeth by one Knights fee and his heir being of full age then the Lord shall have Homage and Fealty and also five pounds for a Reliefe of this fee the said Act of him that holdeth by halfe a Knights fee two pounds ten shillings and he that holdeth by more shall pay more c. you shall therefore present whether any such Tenant died seized of any such Lands and Tenements so holden yea or no. 3. Also you shall enquire whether any Tenant which held by Knights service made any Feofment to his Heire and after died his Heire being within age 4. And whether any such Tenant made any Alienation of any such Land so holden to any person by collusion to defeat the Lord of his profits and present that 5. Also you shal enquire whether any such Tenant which held by Knights service did make any Feofment by Deed to his use or any Recognizance by fine to his use or suffer any Recovery against him to his use and after died and no will by him declared and present it for in those cases also the Lord shall have Reliefe of his Heire being of full age and other duties as well as if his Tenant had died seized 6. Also you shall enquire whether the Heire of such Tenant entred into any such Lands so holden for any condition broken being made by any of his Ancestors and present it 7. Also you shall enquire if any Tenant which held by Knights service was disseized of Lands so holden that is to say put out of them by one who had no right or title to them and after died before any re-entry or any legall recovery had and present it 8. Soccage-tenure is where the Tenant holdeth of the Lord by Fealty and certaine rent for all manner of services or by Homage and Fealty for all manner of services or to pay a summe of money for Escuage or to pay a certain summe of money for Castleguard All such Tenures are Tenures in soccage and all other Tenures which are not Tenures by Knights service are Tenures in soccage and where such tenants die seized of any Lands so holden the Lord of whom the Land is so holden after the death of his Tenant can have no more profit but only his Fealty and Reliefe that is to say as much money and service as one years rent doth amount unto As if the Tenant held by Fealty and ten shillings for a Reliefe over and besides the ten shillings which he shall pay for his Rent and in such case after the death of the
and present it for then the Lord shall have the Land holden of him by Escheat You shall understand that none shall have Lands in Fee-simple as heirs unto any man unlesse he be heire of the whole bloud for if a man have issue two sons by divers women and dieth seized of the same Land and the eldest entereth and dieth without issue the yongest shall not have the Land as heire unto his brother because he is of the halfe bloud but another heire of the fathers side shall inherit the same Land and if he have no heire on the Fathers side then the next hiere on the Mothers side shall not have the Land but the Lord of whom the Land is holden shall have it by Escheat and so when Land descendeth on the Mothers side the heir on the Mothers side shall inherit and not the heirs of the Fathers side Also you shall understand that filius in adulterio conceptus viz. a Bastard can never be heire unto any man nor have heire unto himselfe Therefore if any Bastard or any other Tenant have died seized without heirs you shall present 18. Also you shall inquire if any Tenant was seized of any Lands or Tenements and was put out of his Land by one who had not a right title and afterward died without any heire the Lord shall have his Escheat as well as if his Tenant had died seized 19. Also you shall enquire whether any Tenant of this Lordship hath committed any Petty treason felonies or murthers for the which he was hanged or for the which he had Judgement to be hanged though afterwards he payd his Charge and was delivered to the Ordinary and present it And whether any Tenant hath committed any Petty treason felony or murther for the which he hath abjured the Land for which he was outlawed or by death and present it For in all those cases the Lord of whom the Lands are holden shall have them by Escheat and also the evidences concerning the same 20. Also you shall enquire if there be any Rents Customes or Services withdrawne from the Lord-ship which of right ought to be done and present it and what Rents Customes and Services they are and by whom they are withdrawne and where the Land lieth that the Lord may have the remedy for the arrearages thereof Also you shall enquire whether the Copyholders or Fermers of this Lordship do uphold and repair their Tenements yea or no and present them You shall understand that every Tenant is obliged to three things viz. 1. That he be a true tenant to his Lord. 2. That he sufficiently repair his tenements 3. That he pay and do all suits Customes and Services at his dayes assigned for he tooke upon him to do so when he did Fealty and if he do not pay his Suits Customes and Services the Lord shall have good remedy and recover the same with his damages and if he be a Copyholder and do the contrary he forfeits his Copyhold 21. Also you shall enquire if any tenant of this Lordship which is obliged by reason of his tenure to do suit unto the Lord will do the same yea or no and present it and whether any have used to with-drawn their suit from the Lords Mill in not grinding their corn there and present it 22 You shall also enquire whether any Waif or Stray is or was within the Lordship and whether the Lord be answered of the same if not present by whom they are conveyed away Also you shall enquire if any Heriot be conveyed away and by whom and present it 23. You shall also enquire whether person have made Rescous against the Lord or any other Officer and present it Rescous is when the Lord distraineth in the land holden of him for his Rent or services in arrear or if the Lord come upon the lands and would distrain and the Tenant or some other will not suffer him this is Rescous Likewise if the Lord distrain for service behinde or for damage-Feasant and in driving cattell to pownd the Beasts enter into the house of the owner if he that distraineth pray deliverance and the possessor will not deliver them this is a Rescous therefore if Rescous have been made you shall present it 24. Also you shall enquire whether any person hath broken the Lords pownd that is to have taken away a Distresse put in and present it You shall understand that if the Lord do distrain any Tenant for Rent or Service in arrear he may impownd the same Distresse in a Common pownd if he will or in his owne ground or in his neighbours if he will by the licence of his neighbour and all those places in which the Lord doth impound any Cattell are called the Lords pownd but not so when another doth impound any Distresse in his own pownd or in his neighbours It behoveth him to give notice to the other party for that if the Distresse be quick he may give it meate and then if the Beast die for want of sustenance he that was distrained shall be at the losse and then he that distrained before may distrain againe for the same rent or duty 25. You shall also enquire if any Tenant within the precincts of this Mannor hath suffered any Farme or House to fall to decay which at any time since the first yeare of the Reigne of Henry 7. hath beene let with twenty acres of land and present it For if they suffer their houses to fall to decay the Lord may take and distrain for halfe of the issues and profits of the same and keep to his owne use untill such time as the houses shall be sufficiently builded and repaired viz. maintained again for husbandry 26 Also you shall inquire if any inhabitants or Commoners have over-charged the Common or High wayes or your Common fields by putting in more Cattell then they ought to do and whether any of them have put their Cattel in any the Commons aforesaid before the dayes agreed upon and present it for the Lord as it seems may distrain the surplusage damage feasant or else you may make among your selves orders and lawes for your owne profit that none shall do upon certaine penalties c. and by such Lawes the Inhabitants and Commoners shall be bound c. 27 You shall also enquire if any persons have made any pits in the high wayes and whether any person do commonly break hedges and suffer any Hogs to go unyoaked or unringed to the annoyance of their neighbors 28 You shall also enquire whether any persons have drained or stopped any wayes waters ditches paths or turned any of them into a wrong course and present it 29 Also if any have incroached any Land of the Lords viz. Land Meadow Pasture Wood Heath Moor or any other vacant land without license of the Lord by setting of his hedge pale or otherwise and present the same Note that
all and singular the aforesaid premises that is to say to two peeces of land Copyhold lying in the field called R. containing by estimation eight acres one peece of land lying next the land called D. on the South part and the lands c. which said two peeces of land the aforesaid A B. lately had and took up to him and his heires of the Surrender of S. T and M. his wife at the general Court with the Leete here holden on Thursday the 18th day of August in the year c. more at large appeareth to which said E. seisin is delivered to him thereof to him and his heires under the Condition and in manner and form as in the said last Will is specified by the Rod at the will of the Lord by the service and rent of 2. s. by the year and suite of Court saving the right c. and he doth give the Lord for a Fine c. and doth therefore Fealty c. The finding of the death of a Tenant ITem they say upon their Oathes that A. B. after the last Court dyed seised of and in two Roods of land lying in a Pightel called R. holden of this Mannor by Fealty and the yearly rent of 4d by the year and that E. F. is the Son and next heir of the said A. B. and of full age who now doth therefore to the Lord Fealty Paines found and set upon Tenants for want of suite of Court Item they say upon their Oathes that I. W. S. and I. I. c. Copyhold Tenants of this Mannor do owe suite to this Court and now at this day have made default and therefore every one of them in mercy six pence The like ANd that A. B. and C. D. are Tenants of the Lord of the Mannor by demise and do owe suite to this Court now at this day and have made default thereof therefore either of them are in mercy as over their heads 3. d. The like ANd that E F. G. H. and I. K. are Free Tenants of this Mannor and owe suit of Court and now at this day have made default thereof therefore each of them are in mercy as over their heads 6. d. The presentment of a Surrender made out of Court into tenants hands with the admission of the tenant accordingly ANd that L. M. the younger out of the Court after the last Court did surrender into the hands of the Lord of this Mannor by the hands of N. O. Copyholder tenant of this Mannor in the presence of L. M. and P. R. likewise Copyhold tenants of this Mannor all their Copyhold lands and tenements holden of this Mannor with the appurtenances to the behoof and use of S. T. the elder and his heires and assignes And now came the aforesaid S. T. the elder and craveth of the grace of the Lord to be admitted tenant to all and singular the premisses that is to say to one parcel of pasture containing half an acre be it more or less with the apurtenances late parcel of one Customary tenement and eleven acres of land called C. tenement in C. aforesaid which the said L. M. did lately take up to him and his heires after the surrender thereof made by one S. T. at the Court general with the Leet here holden on Munday next after c. more plainly appeareth And he is admitted Tenant thereunto and seisin is thereof delivered to him to hold to him his heires and assignes by the Rod at the will of the Lord according to the custome of Mannor c. by the services and customes c. and the rent of six pence by three years saving the right c. And doth give to the Lord a Fine c. and hath done to him therefore Fealty c. The finding a Surrender made into Tenants hands to the use of a mans will ANd that A. B. Copyhold Tenant of this Mannor out of Court after the last Court that is to say the 24th day of May last past before the Title of this Court did surrender into the hands of the Lord of this Mannor by the hand of C. D. Copyhold Tenant of the same Mannor in the presence of I. A. S. A. likewise Copyhold Tenants of the said Mannor all his Copyhold lands and tenements holden of this Mannor to the behoof and use of his Testament and last Will. The finding of the death of a Tenant and of the lands and that the youngest son is next heir according to the custome c. with his admission ANd that W. D. Copyhold tenant of this Mannor dyed after the last Court solely seised of and in onetenement inclosed called L. containing by estimation five acres lying in F. which the said W. late took up to him and his heires of the Surrender of I. S. as at a Court here holden on Munday in the morning of St. John the Baptist in the year c. appeareth And of and in five acres of Copyhold land with the appertenances holden of the same Mannor called B. which c. And that W. D. his younger son is next heir of the said W. according to the custome of this Mannor who now doth come and craveth of the grace of the Lord to be admitted to the premises with the appurrenances according to the custome of the Mannor aforesaid and he is admitted thereto Tenant to whom seisin is thereof delivered by the Rod at the will of the Lord according to the custome of the same Mannor by the services and customes and rents for five acres c. at 4. s. by the year and for the other said five acres of land at the rent of 5. s. by the year c. saving the Right c. And he doth give the Lord for a Fine c. And doth Fealty to the Lord c. The finding of a Sale made of Freehold lands with a distress to the Bayliff to distrian for want of taking it up ALso they say upon their oathes that I. A. after the last Court did sell to R. A. one tenement called T. with the Apurtenances containing by estimation two acres holden free of this Mannor in Free Soccage by Fealty and the yearly rent of 3d. by the year and suit of Court which said R. A. doth not come c. Therefore it is commanded to the Bayliff that he distrain the aforesaid R. A. against the next Court to do Fealty c. The acknowledgment in the Court of a Legacy paid ANd that I. B. in full Court did acknowledge himself to be satisfied and fully paid by N. B. his Brother of his Legacy of ten pounds to the said I. B. by the Testament and last Will of his Father bequeathed according to the form and effect and the true intent of the said Testament and last Will of his father A presentment of a Surrender made out of Court with the admission of the tenant THE Quest of Office do present upon their oathes that I. S. Copyhold Tenant of this Mannor out of
Court that is to say the tenth day of May in the year c. did surrender into the hands of the Lord of this Mannor by the hands of S. N. Copyhold Tenants of this Mannor in the presence of I. G. and G. F. likewise Copyhold Tenants of the said Mannor all his Copyhold lands and tenements with the appurtenances holden of this Mannor to the behoof and use of R. K. and of his heires assignes for ever who now came here into Court craveth of the Grace of Lord to be admitted to all and singular the aforesaid premisses with the appurtenances that is to say to one Messuage decayed with certain lands in C. containing by estimation four acres be it more or lesse with the appurtenances parcel of one Cottage and three acres of Land of the Tenement of H. with the appurtenances in the same of Skipton in the Tenement of Maydens late W. K. which the same I. S. lately took up to him his heires and assignes at a Court for the Mannor aforsaid holden after the surrender thereof made by I C. as at a Court for the Mannor aforesaid holden on Thursday the 17th day of May in the year c more plainly appeareth And he is admitted thereto Tenant to whom seisin is thereof delivered to hold to him his heires and assignes by the Rod at the will of the Lord according to the custome of the Mannor aforesaid by the services c. and Rent of 2 s by the year saving the Right c. And he doth give to the Lord for a Fine c and doth do to the Lord Fealty c. A Presentment made in Court of an agreement made between a son and his mother touching her Dower and the mothers release of her Dower AND afterwards in this Court came the said N. B and E. B. widow relict of the said R B. and do give here intelligence to the Court that they are agreed between themselves of and for the Dower of the said E B. in the premises according to the custome of the Mannor aforesaid whereupon the said E B. present here in Court doth remise and release into the hands of the Lord aforesaid all her Dower and title of Dower and demand which to her doth belong according to the custome of the Mannor of and in all and singular the Copyhold land and tenements holden of this Mannor which late were the said R B. sometimes her husband to the behoof and use of N B. in his full and peaceable possession thereof now being and of his heires and assignes for ever so that is to say that the said E B. from henceforth may not require claim and challenge any Dower of in or to the premises or any parcel thereof according to the custome of the said Mannor but thereof and of and from all action and demand of such Dower concerning the premises shall be for ever barred and excluded by this inrolment And for this remise and release the said N B. doth give to the said E B. 210 l. of lawful money of England And he gave to the Lord for a Fine c. for the release aforesaid c. The Quest of Office do say upon their Oath that T G. hath incroached with his ditch upon the Common of H. G. towards the milking yard of his Messuage therefore he is in mercy as it is over his head And it is commanded him to reform the said incroachment on this side the Feast of St. Michael the Archangel next coming upon pain as over his head Also they say that S. A. hath forfeited his pain of 5 s. upon him imposed at the last Court for that he after the last Court and after notice to him to the contrary given by the Bayliff of this Mannor hath suffered his swine to go out and pasture upon the Common pasture of H. against command thereof to him to the contrary given A presentment for an offence done and a charge to the Jury to enquire and further day given for giving their verdict WHereas W. S. and G. B. Lords of the Mannor of R. have lately cut down one Oak lately growing at the West end of a certain Pightel called B. Pightel of the Demesne of this Mannor in the Copyhold tenure of F. W. and at this Court it was given in charge to be enquired of by the homage and they to give their verdict of and upon the premises The same homage do desire day for giving in their verdict until the next Court for that they are not yet thereof advised c. And they have c. I. A. Copyhold Tenant of this Mannor doth desire to be admitted to a Fine for respite of Suite of Court to be done and he is admitted for 4. d. A Fine desired for respite of suite to be done WHereas at the last Court it was given in charge to the homage to enquire and give their verdict of and concerning the cutting down of one oak lately before then growing at the West end of a certain pightel called B. pightel of the Demesnes of this Mannor in the Copyhold tenure of F. W. by W. S. and G. B. Lords of the Mannor of R. late before that time cut down and at the said Court day was further given until this Court the Jurors of this Inquisition do now say upon their oathes that as well by the testimony of R. A one of the Tenants of this Mannor to this specialy sworn as of the certain knowledge of some of the homage now sworn that the aforesaid F. W. and all those whose estate the said F. hath in the aforesaid Copyhold pightel from time to time by the space of sixty years now last past have quietly and without contradiction cut taken carryed away and enjoyed all the wood from time to time by the space of sixty years growing on the part of the way and at the West end of the said pightel and that the hedges of the said pightel aforesaid by all the said space were placed and did adjoyn to the said Oak and that the greater part of the thickness of the Oak did reach it self towards the said way and further they say that there never was any ditch where the Oak aforesaid did grow And they further say of the testimony of the said R. A. that the said R. A. in times past having in his occupation the pightel aforesaid from time to time by diverse years did gather and had the Acrons of the Oak aforesaid without any contradiction To the Court came I. W. and R. his Wife and present here in Court in their proper person and the said R. by the Steward of the said Court being solely and secretly examined and consenting did surrender into the hands of the Lord of the same Mannor and did remise release and altogether for them their heires and assignes quit claim to the behoof and use of S. N. and his heires all their right title state use interest and demand
and the same F. W. present here in Court doth surrender into the hands of the Lord by the hands of the Steward of the same Mannor the aforesaid seven acres of Land in one Close now in two parts divided with hedge and dike to the behoofe and use of I. VV. Widdow his Mother and of her assignes in form aforesaid for terme of the natural life of her the said I. VV. to whom seizin thereof is delivered to the said I. VV. and her assignes in forme aforesaid the reversion thereof to the said F. VV. and of his heires and assignes by the rod c. at the will of the Lord c. according to the custome of the Mannor aforesaid saving right c. And he doth give to the Lord for a fine c. And doth therefore fealty to the Lord c. A Release of Land made in Court AT this Court came S. B. and present in Court did surrender remise and release into the hands of the Lord according to the Custome of this Mannor all his right title state possession interest and demand of and in all those parcels of the land parcel of the Orchard of the said N. called the old or further Orchard next adjoyning to the Pightel or Close of Pasture of him the said S. called the Bean-close as it is now divided from the said Pightel or Close with the door-stakes put upon the Front of the Dike of the said old Orchard to the behoofe and use of N. B. his Brother in full and peaceable possession thereof now being and to his heirs and assignes for ever so that is to say that neither the said S. nor his heires from henceforth may challenge crave or demand any right title state claime or demand of or in the said piece of land But from all action right title state use interest and demand thereof to be had from henceforth shall be utterly barred and excluded and every of them shall be for ever barred and excluded by this present inrollment And the said N. for the said remise and release doth give to the Lord a fine c. A Lease made by the Lord of parcell of his Lands AT this Court the Lord here in full Court did demise to farme to I. A. one Garden containing halfe a Rod lying c. and halfe an acre of land in F. of the Demesnes of the Mannor to hold to him his Executors and assignes for the terme of five yeares next following after the title of this Court paying therefore yearly for every yeare during the said terme one penny at the Feast c. And he doth give to the Lord for a fine c. And doth therefore Fealty to the Lord c. The Admission of the yonger Son to Lands according to the custome AT this Court came F. W. the yonger Son and next heire of I. W. deceased and did crave of the grace of the Lord to be admitted tenant to one parcel of land containing in length twenty perches and in bredth three foot late parcel of one piece of Copyhold land called B. containing by estimation three acres of land of which said parcel of late there is made a dike which said parcel of land I. W. the Grandfather of the said F. W. lately had to him his heires and assignes of the surrender of L. A. as at a Court for the Mannor aforesaid holden the 24. day of May in the yeare c. appeareth as to his right and inheritance for that the said I. VV. died thereof seized and the same parcel of land by and after the death of the said I. VV. according to the custome of the Mannor aforesaid did descend to the said F. VV. the Father of the said F. VV. and from the said F. VV. the right of the said parcel did descend to the said F. VV. the yonger and he is thereunto admitted tenant to whom seisin is thereof delivered to hold to him his heirs and assignes by the rod at the will of the Lord according to the custome of the Mannor aforesaid by rent of two pence c. and the services c. saving right c. And he doth give to the Lord for a fine c. And doth therefore fealty to the Lord c. A License by a Lord of a Mannor to a Copy-holder to pull downe houses standing on Copyhold lands TO all and singular Survayors Bayliffs and other Officers whatsoever within my Mannor of Skipton in the County of Y. I E L. of B. send greeting Whereas I am informed that H. G. hath lately purchased of T. C. certaine old houses within my said Mannor being Copihold and that the said T. C. hath surrendred the same houses to the use of the said H. G. and his Heires according to the custome of the said Mannor Now my will and pleasure is and I do by these presents give and grant unto the said H. G. his heirs and assignes full license and absolute liberty power and authority to pull downe and to take and carry away the said houses and every of them or any part of them to and for the use of the said H G. and his heires and assignes from time to time as to him or them or any of them shall seeme meet Any custome or usage whatsoever within the said Mannor if any such be or heretofore hath beene had or used to the contrary thereof in any wise notwithstanding And I will and command you and every of you that the said H. G. and his assignes may quietly have and enjoy the full and whole benefit of my said grant and license without any deniall let or impediment of you or any of you In witnesse whereof c. A Letter of Attorney to surrender a Copyhold BE it knowne unto all men by these presents that I A. B. one of the customary or Copyhold tenants of the Mannor of H. in the County of M. have made ordained constituted and appointed and by these presents do make ordaine constitute and appoint my trusty and well beloved friends C. D. and F. F. two customary or Copyhold Tenants of the Mannor aforesaid my lawfull Attorneys and Attorney joyntly and severally for me and in my name joyntly and severally by lawfull wayes and means to surrender into the hands of the Lord or Lords Lady or Ladies Farmers owners or proprietors of the said Mannor of H. aforesaid all that customary or Copyhold Messuage or Tenement with the appurtenances scituate lying and being in H. aforesaid parcel of the customary lands of the said Mannor And all my estate right title interest claim possession and demand of in to and out of every part and parcel thereof to the use and behoofe of T. VV. his heires and assignes for ever and I the said A. B. do hereby give and grant unto them the said C. D. and E. F. joyntly and severally and to either of them full power and authority to do execute and performe any other lawfull act and acts whatsoever needfull or
house called Dexes and that the said G G. should not there leave his hatband before the said bay Gelding of the said D M. should come to the said house The said D. M. the said 20. day of May in the year abovesaid at B. aforesaid within the jurisdiction aforesaid did assume upon himself and to the said G G. did then and there faithfully promise that if the said Gelding of the said G G. should not out-run the said bay Gelding of the said D. M. from B. aforesaid to the said house called Dexes and that the said G G. should leave his hatband there before the said Gelding of the said D. M. should come to the said house that then the said D. M. twenty shillings of c. to the said G G. when he the said D M. should be thereunto requested well and truly would content and pay And the said G G. as before in fact saith that his said gray Gelding did then and there out run the said bay Gelding of the said D M. from B. aforesaid unto the said house called Dexes and he the said G G did leave his hatband there before the said Gelding of the said D M. did come to the house called Dexes The said D. M. c. Notwithstanding his promise and assumption aforesaid not regarding but endeavouring and fraudulently intending the said G G. in this behalf craftily and subtilly to deceive and defraud the said bay Gelding to the said G G. hath not yet delivered nor the said twenty shillings to the said G G. hath not yet paid nor for the same any way contented although the said D M. afterwards that is to say the 21. day of May in the year aforesaid at B. aforesaid and within the jurisdiction aforesaid hereunto was requested whereupon he the said G G. saith he is worse and hath damage to the value of ten pounds And thereupon produceth suit c. Another upon a Horse-race I. H. by vertue of a Writ c. complains of B. D. of a Plea c. For that whereas the 20. day of May in the year c. at the Castle of Y c. conference being had by and between the said I. H. and the said B. D. of and concerning a Horse-race to be run between a gray Mare of the said I. H. and a bay Gelding of the said B D. three times about the Race as it was stooped out called A. Town Race being upon the Moor of A. aforesaid upon which conference it was then and there agreed between the said I. H. and B. D. that the said I. H. should ride himselfe the said race upon the said gray Mare and that the said B. D. himselfe should ride the said race upon the said bay Gelding and that the said B. D. and I. H. should be weighed and which of them should want of weight should be charged with as much more weight as should make him equal in weight with the other and upon that agreement the said I. H. did then and there pay unto the said B. D. twenty shillings of c. And in consideration the said B. D. did then and there assume upon himselfe and faithfully promise to the said I. H. to pay unto him forty shillings of c. if the said gray Mare of the said I H. should win the said Race and likewise that the said B. D. should run the said race with such weight as he should want of the weight of the said I. H. and at the finishing of the said Race the said B. D. should be weighed and be one weight with the said I. H. And the said I. H. in fact saith that the said I. H. and B. D. were then weighed and that the said B. D. was found to be false weight then the said I. H. that is to say a stone in weight and more and thereupon the said B. D. was charged with weight accordingly and the said B. D. did then and there run the the said Race yet notwithstanding the said B D. his promise and assumption not regarding but endeavouring fraudulently intending the said I H. in this behalf craftily and subtilly to defraud and deceive he the said B. D. the 20. day of May did not ride the said Race with the said bay Gelding with weight equal to the weight of the said I. H. according to the said promise and after the Race was run and finished the said B. D. did refuse to be weighed with the said I. H. so that the said B. D. the said I. H. herein did deceive Whereupon he saith he is worse and hath damage to the value of five pounds and thereupon produceth suit c. For keeping a Childe and finding it meat drinke and apparrel E. B. by Writ c. complains of R. E. of a plea of trespasse upon the case c. For that whereas such a day and year at c. In consideration that the said E. B. at the specal instance and request of the said R. E. would maintain and keep with competent meat drink and clothes and other necessaries one A. E. child of the said R. E. begotten by him of the body of the said E. B. so as the said childe should not at any time after in default of the said E. B. be chargeable to the said R. E. he the said R. E. the day and year abovesaid at c. did assume upon himself and to the said E. B. then and there faithfully promised that he the said R. E 7 l. of lawful English money to the said E B. when he should be thereunto requested well and truly would pay and content And the said E. B. in fact saith that she the said E. B. the said A. B. from the said day and year hitherto did maintain and keep with competent meat drink and clothes and other necessaries so as the said childe from thence hither was not chargable to the said R. E. Yet notwithstanding the said R. E. his promise and assumption c. For breach of Articles B. F. by Writ c. complains of T. F. of a plea of Trespasse upon the case c. For that whereas the first day of March c. 1650. at c. In consideration that the said B. F. did assume upon himselfe and promise to T. F. thirteen pounds of c. which he hath and since before the commencement of this suit paid to the said T. F. he the said T. F. did assume upon himselfe and to the said B. F. then and there faithfully promise that he the said T. F. would take to his Apprentice one W. F. son to the said B. F. to serve the said T. F. in the Art or Trade of a Skinner from the said first day of March unto the ful end term of seven years from thence next following and during that term That the said T. F. should after the end of three quartes of a year next after the said first day of March instruct inform and train