Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
day_n	lord_n	monday_n	tuesday_n	5,002	5	12.9698	5	false

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

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

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

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

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

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 CoÌ„monwealth 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

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

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

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

and grant to and with the said E. F. his Executors Administrators and every of them that if the said A. B. his Heirs Executors Administrators and Assignes shall or may be relieved saved harmlesse or indempnified for and concerning the fore-recited covenants and agreements by the sayd C. D. his Executors and Assigns and his sureties that then he the said A. B. his Executors Administrators or Assignes shall or will not take any benefit or advantage of the said covenants and agreements against the said E. F. his Heirs Executors Administrators or Assignes or any his sureties or any of them In witnesse whereof c. Or Thus. THIS INDENTURE made c. in the year c. Betweene A. B. of R. in the County of Yorke Esq now high Sheriffe of the said County of the one part and C. D. of c. in the said County Gentleman of the other part Whereas his Highnesse RICHARD Lord Protector of the Common wealth of England Scotland Ireland and the Dominions and Territories thereunto belonging By his Highnesse Letters Patents under the Great Seale of ENGLAND bearing date the seventeenth day of this instant November have made nominated constituted assigned and appointed the said A. B to be High Sheriffe of the said County of YORKE during his pleasure Now this Indenture witnesseth That the said A. B. for the good opinion which he hath conceived of the said C. D. and of the trust and confidence which hee reposeth in him hath deputed assigned constituted and ordained and by these presents doth depute assigne constitute and ordaine him the said C. D. to be his Under-sheriff of for and in the said County of Yorke during all the time that he the said A. B. shall be and remaine Sheriffe of the said County by force of the Letters Patents aforesaid and doth hereby authorize the said C D. to serve exercise and execute the said Office of Under-sheriffe of the said County under him the said A. B. in his name during all the time aforesaid And the said A. B as farre as in him lyes doth also by these presents grant unto the said C. D. that it shall and may be lawfull to and for the said C. D. by force hereof to appeare answer and serve and minister as Under-sheriffe of the said County of York for and in the name of the said A. B. as well in all places of the said County of York as in all and every the Court and Courts within the Common-wealth of England and before all and every the Justices of Oyer and Terminer Justices of Assize and Goal-delivery Justices of the Peace Coroners and Escheators and other Officers and Commissioners of this Common-wealth where the said A. B. by vertue of the said Office of Sheriff-wicke for the said County of YORKE shall be bound or ought to appeare answer serve or be attendant and to breake open answer returne and execute for him the said A. B. in his name all Processe VVrits Precepts VVarrants Mandates and Commandements to the Sheriffe of the said County directed or hereafter to be directed out of any the Courts aforesaid or from any the Justices Coroners or Escheators aforesaid and to doe performe and execute for him the said A. B. and in his name all and every thing and things which by him the said A. B. by vertue of his Office of Sheriff-wicke of the said County of YORKE is to be performed executed and done saving alwayes and excepting the said C. D. shall not by vertue thereof be authorized to open returne send or execute any VVrit or VVrits for electing any Knights of the Shire or Burgesse of Parliament for the said County of YORKE or any Burrough within the said County nor open execute or answer any the Letters of his Highnesse the LORD PROTECTOR or the Councell to bee directed unto the said Sheriffe of the said County of YORKE without the speciall warrant direction or Commandement of him the said A. B. for that purpose And further the said A. B. doth by these presents grant unto the said C. D. for the executing of the said Office all the Fees Duties and Profits to him due arising and growing by the County Courts to be kept within the said County of YORKE and all other fees rewards duties allowances and profits incident to the office of Sheriffe-wicke or thereunto belonging for which the said A. B. is or shall be allowed by the Common Lawes of this Nation or customes of the said County either for the opening returning or executing of any VVrit Precept or Processe Warrant or Commandement whatsoever or for other executing of the said office and which have not beene accepted heretofore the ordinary Fees of any other his Bayliffs or other Officers to have and enjoy the said duties fees rewards allowances and other profits to his owne use without an accompt to be rendered to the said A. B. his Executors or Administrators for the same And the said C. D. for and in consideration of the benevolence aforesaid and for the free gift and grant of the said A. B. doth for himself his Heirs Executors Administrators and Assignes and every of them covenant promise grant and agree to and with the said A. B. his Heirs Executors and Administrators and Assignes by these presents that he the said C. D. shall and will at all times from and after the day of the date of these presents duely diligently lawfully and carefully serve the said A. B. as his Deputy and Under-sheriffe of in and for the said County of YORKE without doing or committing any kinde of extortion or wilfull mis-behaving of himself in the said office and shall and will duely and respectively execute the said office of Sheriff-wicke under the name of the said A. B. in all points so farre forth as these presents the LAWES of the LAND or other Licence or Commandement of the said A. B. shall warrant or give liberty and shall and will in the name of the said A. B. and as his Deputy in the said office of under-Sheriff of the said County of Y. be answerable attendant and minister in all Courts of his Highnesse the Lord Protector by and before the said Justices of Assize Justices of the Peace and all Commissioners Escheators Coroners and other Officers of his Highnesse the Lord Protector before whom the said A. B. shall be bound or required to Minister answer or be attendant in respect of the said office of Sheriffwick for the said County and shall and will execute and make answer true and sufficient return of all such processe writs precepts and commandments directed from his said Highness or from every or any of the said Courts Justices Commissioners Escheators and other Officers aforesaid as shall be delivered to or come to the hands of him the said C. D. his Deputie or Deputies Assignee or Assignes or shall and will discharge and save harmlesse the said A. B. his heires Executors and Administrators and his

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

de officio Coronat de pace plagis And Britton in his first Chapter where he treats of it at large and Fleta E. 1. cap. 18. But more amply in Stamfords Pleas of the Crowne lib. 1. cap. 51. It is amply expressed in F N B. fol. 186. That the Coroner shall carry the Records of his own view abjurations outlawries appeales accusations of Thefts done before him and of all other things done in the County that is certaine to the Coroners office and also in the Court of Freemen which have Franchises of infangtheft c. And in the presence of the Coroner shall all appeales of Robbery and Larceny be framed Now as to the view of the body of a man it is his office that so soon as he shall be certified thereof to send to the Constable of the Hundred of the place to summon sufficient and able men of the towns adjacent that at a day certaine they be before him at such a place all which done the body is to be viewed and if it be buried it is to be taken up and he is to record the names of those who buried him and if it hath been decreased or endamaged by ill keeping or laine so long that it cannot be judged how it came by its death the same must also be recorded that this negligence may be punished at the coming of the Justices of Assize into the Circuit for the Towne where the amerciament was shall be grievously amercied upon sight of the Coroners rolls He ought to do his office in person and to see the dead body when he maketh inquisition otherwise the inquiry is invalid for if he will inquire of any dead person without view this is without authority and void If the Coroner be remisse and negligent in coming to execute his office after he is sent unto he shall be amerced But to proceed if the Coroner with the advice of the people present be able to judge of the death then are they to present the manner of his killing whether he died of anothers felony or of his own or by mischance and if of blows whether of a staff or a stone or any other weapon and he is to record in his rolls the names of those who were summoned and appeared not that the same offences of disobedience remain not unpunished whereby the Coroner could not at that time proceed for want of Jurors Therefore we will inquire what persons may be of the Enquest What persons are to be of the Coroners Inquest and how to be qualified THe Inquisition before Coroners is to be of persons within the four next adjacent Villages to be made by the Bailif or Constables of those Villages as appeareth by the Stat. of 4 E. 1. de officio Coronatoris Crompton fol. 113. In these Enquests lye no exceptions or challenges to the persons of the Jurors but he ought to make his pannels of the discretest of the ablest and best of them The names of the Jurors ought to be certified for peradventure they be not probi legales homines but Villains and Outlawes 15 H. 4. 41. for note that an Indictment before Coroners was found that the Earle of B. was felo de se was quashed because it did not appear that it was per sacramentum proborum legalium hominum Pophams rep fol. 202. Harrison against Errington And likewise in Hillary termo 2. Car. B. R. Pophams rep fol. 209. 210. a great multitude of Welshmen were indicted for the death of a man by an Inquisition taken before the Coroner in the County of Montgomery in Wales and exceptions were taken to the Inquisition as first that the Coroner cannot take any Inquisition unlesse it be super visum corporis and to this was cited Britton 6. R. 2. Coron 107. 21 E. 4. 70. 2. R. 3. 2. This is also the reason that if a man drown himselfe and cannot be found the Coroner cannot inquire of the death of this man but for the King or Protector to have a forfeiture of his goods an Inquisition ought to be taken before the Justices of the Peace The second exception was that the Inquisition was per sacramentum proborum legalium hominum Com. praedict whereas by the Statute of 4 E. 1. this enquest ought to be by men of the four next Towns adjoyning and this ought to appear in the Indictment also Hill 10. Jac. Rot. 3. Co. Lib. Intr. 354. and in Pasc 3. Car. This Indictment was quashed for these exceptions The empannelling of the enquest and the view of the body and the giving of the verdict is commonly in the Street in an open place and in corona populi but this name rather cometh because the death of every Subject by violence is accounted to touch the crown of the Prince and to be a detriment unto it The Prince accounting that his strength power and crowne doth consist in the force of his people and the maintenance of them in security and tranquillity The method of keeping the Coroners Court THe Coroners Court is a Court of Record and holden after this manner When a Coroner cometh to view a party that hath hanged killed or drowned himselfe or that hath come to his death by any other accident he must make out his warrant to impannel a Jury to the Bailiffe in whose Liberty the party lyeth dead to appeare before him at such a day and place as he shall mominate and appoint The forme of the Warrant is thus To the Bayliffe and also to the Constable and Tithing-men of the Hundred of R. in this behalfe joyntly and severally greeting BY vertue of mine office these are in the name of Richard Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging to will and require you immediatly upon the receipt and sight hereof to summon and warn twenty foure able and sufficient men to be and appear before me at Skipton the 21. day of November next ensuing the date hereof at the common Tolbooth of the said Towne then and there to do execute such things as on his Highnesse behalfe shall be given them in charge whereof faile you not as you and every of you will answer the contrary at your perils Dated under my hand and seale the 12. day of September in the yeare of our Lord 1158. By me W. G. one of the Coroners of his Highnesse the Lord Protector If it be in a City or Corporation then the form of the warrant or precept is thus To the Sheriffe of the City of York and to the Serjeants at Mace attending the said Sheriffs THese are to will and require you and in the name of his Highnesse the Lord Protector of c. straitly to charge and command you that you cause to come before me one of the Coroners of the City of York and County of the same City at the house of T. P. in

c. Ass 13 E. 3. Avowry 105. If my Horse be in the keeping of another man he may be distrained if I be amercied in the Leet for stopping the High-way c. 47 E. 3. 12. But if an Inne-holder be amercied the horse of a stranger cannot be distrained 10 H. 7. fol. 21. Note that in 8 R. 2. Avowry 194. If one be amercied in the Sheriffs tourn the Sheriff may distrain throughout the whole County and in like manner if the amerciament be in a Leet throughout all the precincts of the Leet The Statute of 1 E. 4. expresly appoints that no fine or amerciament in the Tourn or Leet shal be levied unlesse it be certified at the next sessions of the peace by Indenture inrolled there and by processe made from the Justices of Peace to the Sheriffe or Steward How Presentments in Leets shall be traversable NOte Scard saith that if a thing be presented at the day in a Leet this is as Gospel if it passe that day without being repealed And therefore if a false presentment be made he shall have an action of false imprisonment the same day against the prosecutors but if he stay until another day it is otherwise and he who is amercied there for purpresture or other Nusance in Avowry for the amerciament he shall traverse in no point Wilby If it be presented that he hath levied a Ditch over the Highway if the presentment be false he shall have trespasse against him who throwes it down by force of such presentment And so of my house abated by reason of such false imprisonment Hil. 21. E. 3. Bar. 271. He who is amerced in a Leet may traverse the resiancy but he shall not say that the place where c. is within another view 4 E. 3. 12. 10 E. 3. 5. 41 E. 3. 26. But if he hath been sworn in my Leet he shall not have the traverse 4 E. 3. 31. 10 E. 3. 9. The Method of keeping the Sheriffs Tourn or Court Leet LEt the Sheriffe or Steward make a Precept unto the Bayliffe to summon the Court by a reasonable time to wit fifteene or sixteene dayes before the Court be kept if it be lesse time it is sufficient in Law the Precept must be made according to this subsequent President A. B Esquire Sheriff of the County of Y. To the Bayliffe of the Liberty or Weapentake of S. greeting I command you that you diligently summon the Court with view of franke-pledge to be held within the said Liberty the sixteenth day of August next ensuing about the hour of eight in the forenoon of the same day at the common Tollbooth of R. And this given under the seale of my Office the twenty eighth day of July in the yeare c. By the Sheriffe If it be a Court Leet held in a particular Hundred or Mannor of any Lord then the form of the Precept is thus A. B. Gent. Steward of I. N Esquire of his Hundred or of his Mannor of O. to the Bayliffe of the same Hundred or Mannor greeting Commanding thee that thou summon this Court with the view of Frank-pledge of the said Hundred or Mannor to be held at the accustomed place of S. the 16. day of August next ensuing And this given under my seale the twenty eighth day of July in the year c. By me A. B. Steward After the Steward hath placed himself in the Court he must first enter the title of the Court in the beginning of the Court-Roll with the name of the place where the Court is holden in this manner The entry of the Court ss The view of Frank-pledge with the Court of A. B. Sheriffe of the County of Y. there held on Tuesday the 16. day of August in the yeare c. By the Sheriff If In the Lords Court then thus ss The view of Frank-pledge with the Court of I. N. Esquire there held on Tuesday the c. By A. B. Steward Then cause the Bayliffe to make three Proclamations repeating them after the Steward in this manner Proclamation ALL manner of persons who were summoned to appear here this day to serve His Highnesse the Lord Protector and the Sheriffe or the Lord of the Mannor for his Court now holden draw near and give your attendance and every one answer to his name as he shall be called upon pain and peril that may fall thereon After all are called and those that are absent be marked to be amercied then the Steward shall cause the Bayliff again to make other three Proclamations viz. O yes c. causing the Bayliff to say Proclamation IF any man will be Essoyned come into Court and you shall be heard and all such persons as were Essoyned the last Court let them come in now and warrant their Essoyns otherwise they will be amercied And if any desire to be essoyned by the Tythingman or other neighbour then for the first Court they may be essoyned The Essoyn must be entred in this manner A. B. is essoyned by C. D. c. Inquire if there be any tenant in the Mannor that hath any action or cause of action since the last Court day let him put in his plaint sedente curiÃ¢ viz. the Court sitting and it shall be entred Inquire if there be any Precepts attachments or distresses depending in the Court rolls call them openly in the Court and know if the Bayliffe have executed them Also if there be any old Plaints depending in the Court Roll before this court holden cause the parties to be called before the inquest be charged Then impannel the Inquest comanding the fore-man to lay his hand upon the book swearing him as follows You shall sweare that you shall diligently inquire and true presentment make of all such things as you shall be charged with concerning his Highnesse the Lord Protector or the Lords Court of the Mannor you shall well and truly keep his Highnesses Counsel your Fellowes and your owne you shall not conceale nor hide any thing for favour feare promise or affection you bear to any person or persons or present any thing for hatred or malice you beare to any man but you shall present and tell the truth according as things may or shall come to your knowledge by information or otherwise making a true presentment thereof without concealment so helpe you God c. After the fore-man is particularly sworne cause foure at once of the Inquest to lay their right hands together on the book swearing them in this manner The same oath which A. B. your fore-man on his behalfe hath made you and every of you shall well and truly keep on your behalfes so help you God Swearing the rest accordingly After they are all sworn cause the Bayliffe to number them as the Steward doth read them Then command the Bayliffe to make Proclamation saying after the Steward Proclamation YOu good men that are impannelled to enquire for his Highnesse the

Lord Protector and for the Lord of this Court or Law day draw near and hear your charge all the rest keeping silence whilst the charge is in reading upon pain and peril that shall fall thereon Before the charge gather the common fine which the tenants do pay every Leet or Law day acording to the custome of the Mannor The Exhortation before the Charge My Masters YOU of the Jury the charge which you by oath have promised to observe toucheth and concerneth divers good Lawes and Statutes instituted and made for the preservation of the publick Peace and also for the private tranquillity of every one of you and your posterities which matters the Sheriffe or the Lord of this Franchise considering and wishing your security and desiring likewise good orders to be observed and kept among you that right and equity may be administred to every of you hath therefore caused his Highnesse the Lord Protectors Leete to be summoned and kept here this day I will therefore by your favour before I enter upon the principals of your charge declare unto you by what authority you are brought hither and wherein you are obliged to observe The causes hereof are two 1. The first is for that his Highnesse and royall predecessors have given and granted unto the Sheriffe or Lord of this Mannor authority and power to keep a Leet or Law day twice in the year at which Leet or Law-day all the Headboroughs Tithingmen Dezmers and all other persons that are resident or inhabiting within the Jurisdiction of this Leet being above the age of twelve yeares and under the age of sixty are bound by the Lawes of the Commonwealth to appeare to the intent that the Lawes and Statutes may be there published and declared so that knowing the dangers of the not observing of them they may avoid divers inconveniences which otherwise would have much prejudiced them and further to inquire of the breakers of the same and present them that such offenders may receive condign punishment The other cause or authority is for that you being the Lords tenants are bound by reason of your tenure at the Lords Court Baron when it shall happen to be kept according to law that is to say at every three weeks end or according as the custome is and being here by these two authorities you are bound to serve in all such things as you are legally and joyntly charged withall as well concerning His Hignesse the Lord Protectors Leet as the Lords Court-Baron Now to the intent that you may have better cognizance of your oath I think it convenient with your patience to insist a little upon it What things are to be considered by a Jury in swearing IN swearing three things are principally to be considered 1. That you swear to seclude all favour and affection to the parties not fearing the rich nor pitying the poor not considering the simplicity of any person nor the smallnesse of the offence but having an affection to truth before your eyes declare that which is truth to your knowledge and no further 2. The second is you must swear in righteousness viz. for the very zeal and desire you have in declaring the truth for the executing of justice for the observing of Covenants honest promises Statutes Lawes and good Customes and having a respect in doing and performing these things you do that which tends to the glory of God the honour of the Lord Protector the preservation of the People and Common-wealth which kinde of swearing is the mandate of the Almighty Thou shalt feare the Lord thy God and serve him and shalt sweare by his Name That is we must onely serve and feare him acknowledging his holy Name which is done by a legall swearing It is also commanded in many places of the divine Writ but conditionally to wit we must sweare in truth in Judgment and righteousnesse c. 3. In swearing and taking an Oath you must do it with Judgement not rashly nor unadvisedly but soberly and with caution considering what an oath is which in briefe I will declare to you An Oath is the recording or calling to witnesse the name of God to confirme the truth of that we say and which is according to the testimony of St. Paul An oath for confirmation is among men an end of strife For in ambiguous and obscure matters where the knowledge of men is brittle and faileth we betake ourselves to God that he which is the only Truth may give a Testimony unto the truth and he that useth God for a Witnesse doth also call for revenge of perjury at his hands if he deceive and speak not the truth now at the imposition of your hands upon the Booke you sweare truly to enquire and make a true presentment of these things wherewith you are charged and not to let from declaring the truth either for favour fear affection or envy of any person consider that in this Book is recorded Gods eternall verity whereby we have remission of errors and offences and an enjoyment of eternall salvation I am confident of your knowledge of the plagues and threats in the Gospel to the obstinate and perjured bearers of false and unjust testimony condemners of innocent and guiltlesse persons so that it you voluntarily perjure your selves you absolutely deny God his mercy truth and the merits of our Saviour betaking your selves and adhering to that Destroyer of mankinde the Devil the author of all pejury and persidiousnesse and by forswearing and forsaking the truth you forsake Christ the light and truth it selfe And although that perjury doth escape sometimes unespied and punished and be kept secret betweene some of you and others yet your hearts will judge and repute one another false and be suspitious of each others actions But God that faithfull one of Israel will not deny himselfe neither will he suffer the profanation of his Name to go unpunished when at the last day the secrets of all mens hearts shall be apparent then the truth and your Consciences shall be your accusers and Christ the righteous Judge shall justly condemn you to eternall death and damnation Which sin of perjury the most High by his Prophet hath threatned to punish Thus referring this to your serious considerations and not to trouble you with prolixities Verbum sat sapienti a word 's enough to the wife I will proceed and declare to you the Articles of your charge The Charge of the Court. YOu must understand That High treasons petty treasons and Felonies which are against His Highnesse the LORD PROTECTOR are to be enquired of and presented in this Court but not punishable here the which offences you must set down in writing indented and sealed the one part to remain with the Steward the other with the Jury and the same must be delivered to the Justices of the next Assizes holden within the County The Charge of the Court-Leet Judgment 1. You shall first

For every Phesant 20. s. and every Partridge 10. s. to be paid within 20. daies after conviction or one moneths imprisonment 51. Or if any do hawk or hunt with spanniels where corn growes except it be in his own ground The penalty is 40. s. to the party vexed 52. You shall enquire if any do destroy or kill hares by traceing in the snow with a dogg or otherwise The penalty to the Lord of the Leet for every hare is 6. s. 8. d. 53. You shall likewise enquire if any do break any pond pool or other pits wherein the Lord of the Leet hath fish to the intent to destroy and steal them away He shall pay to the Lord treble damages suffer imprisonment for 3. moneths and finde sureties for his good behaviour for seven years 54. You shall enquire of Evesdroppers such as stand under walls or windowes by night or day to hear newes and to carry it to others to make strife and debate amongst their neighbours these are evil members of the Commonwealth and here inquirable Such offendes are punishable according to the discretion of the Jury 55. You are to enquire if any refuse to go to Muster or absent himself without any lawful impediment The penalty is 40. s. and ten dayes imprisonment You shall enquire if any have put to pasture any stoned horses gelding or mare infected with the scab or other infectious or contagious disease into or upon any Common or Common fieldes The Penalty to the Lord of the Leet for every such horse so infected is 10. s. 57. You likewise shall enquire if Constables have been dilligent in seeing the peace kept observed watch and ward from the day of the Ascension until Michaelmas day every night from the setting of the Sun until its riseing 13. E. 1. c. 4. and if they have been remiss in any thing touching any part of their oath it is presentable For such neglect the Constables are fineable according to the discretion of the Jury Enquire the like of all the rest of the officers according to the places they are in as the Tythingman Surveyors of the high wayes Searchers and Sealers of Lether c. Â 58. You shall also enquire if any man hath given any Lands in Mortmaine viz to any Corporations or Fraternity Religious houses or Religious persons without licence Such gift or devise is void and the Lord shall have it 59. You shall also enquire of treasure trove viz. treasure found within the precincts of this Leete either within or above the ground the hiders not being known to any man It appertains to the Lord of the Leete 60. You shall likewise enquire of all Estrayes and waifes as if there be any Horses Mares or other cattel or Swans that have come within the Jurisdiction and remained there a year and a day and not claimed these are Estrayes The Lord may have them by prescription And Waifes are cattel stoln and waved out of the possession of him that stole them as a thief being pursued with hue and cry to save himself doth delinquish them they are called by the Civillians bona derelicta These Waifes appertein to his Highnesse unlesse the Lord have them by grant in his Charter But not to charge your patience with prolixities if there shall be any other matter come to your knowledge omitted in the charge and fitting to be presented you shall enquire and present it with the rest Then after the charge is concluded the Steward shall command the Cryer to make proclamation and after Proclamation made three times the Steward shall say If any can inform the Steward or this Inquest of any Treason petty treason Felony petty Larceny purpresture breaking of pondes or of Rescouse or of any other thing acted against the peace or of any misdemeanor of any officer or other person here or of any waife or stray Treasure found Mortmaine or of any other thing here to be enquired of come into Court and you shall be heard If any come in and appear let him be sworn thus The Evidence that you shall give to this Inquest shall be the truth the whole truth and nothing but the truth So help you God c. Then let the Steward say to the Jury Go together and enquire of the matters of your charge and when you are agreed I shall be ready to take your presenments Then adjourn the Court by Proclamation until after dinner in this manner All manner of persons that have any more to do at this Court may for the present time depart and appear here again at one of the clock in the afternoon After your return from dinner call the Court by proclamation and after O yes three times say All manner of persons that were adjourned over until one of the Clock or have any thing more to do at this Court let them come into Court and give their attendance or as they will answer the contrary at their perill Then take the presentments of the Jury if they be there ready with them otherwise give them a day to bring them in adjourning the Court till then At that day call the Court. And then call the Jury every man by his name and if they all appear take their presentments and ask them if they be all agreed if they say Yes Then ask them if they be content that their presentments shall be altered in form if they grant it then take them read them and amend the form if need require see that they be brought under their hands and seals for the Stewards warrant Then discharging the Court with Proclamation comand the Cryer to say O yes three times and say All manner of persons that have appeared and have any thing more to do at this Court Leete holden here this day Let them come forth and they shall be heard otherwise they may depart and are discharged of their attendance and are to keep their day again upon a new Summons I shall not need to trouble you with presidents of presentments seeing that they are so copiously performed by Mr. Kitching in his Jurisdiction of Courts and Wilkinson in his office of Sheriffs onely with three or four for methods sake A Presentment of Petty Treason FIrst the Jury aforesaid say and present upon their oath That A. B. c. at Skipton within the Jurisdiction of this Court as a Felon of his Highness the Lord Protector c. did make and coyn twenty silver peeces of money called shillings and forty silver peeces of money called half crownes falsely and felloniously having not first gotten his Highnesses Letters Patents against the peace of his said Highnesse and his Dignitie and against the form of the Statute in this case provided and published A Presentment of Felony for burning a house ALso they present That one A. B. of c. gent. such a day c. at C. within the Juridiction of this

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 theiÌ„r 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-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

tenant such reliefe is due to the Lords maintenance so that the heire be of the age of fourteen yeares and he ought to tarry for his reliefe untill the day of payment of the Rent but he ought to have his reliefe maintenant and for that he may distrain immediately after the death of his Tenants 9. Also if a Copyholder die sole seized of any Lands or Tenements so holden his heire being of the age of fourteene yeares then he shall pay a fine unto the Lord and do Fealty and be admitted Tenant but if the heire be within the age of fourteene yeares then some Guardian shall be admitted to occupy his Copyhold and to pay and doe his service due for the same viz. If Lands descend from the Father then the Mother or some of her next kindred shall have the occupation of the same Lands untill the Heire be at age and they shall a little fine for the Guardianship and the Heire at his entry shall pay the whole fine you shall enquire thereof and present the same 10. Also you shall enquire whether any Tenant which held by Soccage Tenure did make any Feofment in fee to his use and died seized of the use his Heire being within age and no will by him declared of the use and present it for that the Lord shall have his Reliefe as well as if he had died seized of the same Lands 11. Also you shall inquire whether any Freeholder hath aliened or sold away his Free hold Lands or Tenements or any parcel of them and present it for he which hath purchased the Land before he enter ought to come and give notice unto the Lord that he hath purchased the same and so the Lord shall know his Tenant and the service which the former paid unto the Lord shall be apportioned according unto the value of the Lands 12. Also you shall enquire whether any that held by Herriot service or Herriot custome died seized of any Lands or Tenements so holden and present it for their service shall be apportioned also the Lord shall have of every of their severall parts divers Herriots at their severall deaths Also if one man have two severall parcels of Lands holden by Herriot-service and by two severall titles and dieth seized of the same the Lord shall have after his death two Herriots 13. Also you shal enquire if any Copyholder died seized of any Lands so holden and present it also whether any Copyholder hath made any Lease of his Copyhold or otherwise aliened or sold the same and present it for it is a forfeiture of his Copyhold for if a Copy-holder will alien or sell away his Copyhold he ought to come into the Court and surrender the same into the hands of the Lord to the use of him who shall have the Estate or else out of the Court he ought to surrender it unto the Bayliffe or to some of the Tenants of the Lord-ship to the use of him who shall have the estate and they to whom the surrender is made ought to present the same at the next Court and then pay his fine for the same and take it to his use in the Court and do his endeavour to be admitted and if he be not at the same Court then the Lord shall have the meane profits of the same Lands all the rent-services and repairations being deducted until he be amerced of his fine according to his duty 14. Also you shall enquire if any Copyholder hath made any Surrender of his Copyhold or any part thereof since the last Court-day or before and present it and into whose hands it was made and in whose presence or to whose use for at every surrender the Lord ought to have a fine and the party into whose hands the surrender is made ought to come to the next Court and present the same and to yield up his right into the Lords hands to the use of the alienee according to the trust reposed in him or otherwise he forfeiteth his Copyhold except he have a treasonable excuse for that he doth as much as in him lies to defeat the Lord of his Fine and also to defeat the other party to whose use the surrenderd was made 15. Also you shall enquire if any Tenant of the Lordship have given any lands into Mortmain and present it Mortmain is if a man give or sell any lands to any House of Religion or to any other which be corporate by the Knights grant also if one make a Foefment upon trust to the use of a Religious House or to the use of a Fraternity corporate that is Mortmain Also if one exchange Lands with a body corporate this is Mortmain Also if a Religious person or other body corporate doth hold of any man by Knights service and he release unto him this is Mortmain and then the Lord may enter and shall hold the same by force you shall therefore present them that have given any Lands or tenements in Mortmain 16. Also you shall enquire whether any tenant for term of life or years or any Copiholder of this Lord-ship hath committed any waste or suffered any waste to be committed upon their Lands or Tonements Waste is when any tenant for terme of life yeares or any Copyholder pulleth downe any house or cutteth down any timber trees or suffereth the house willingly to fall being on their Copyhold Tenements or if any of the Tenants plow up any Meadow ground or if they suffer any wall or pale which were covered to be uncovered by reason whereof the same wall or pale falls into decay or if any of them dig coals chalk or sand or make any Mines in their grounds this is waste Also if they cut downe a tree to the value of three shillings four pence this is admitted waste but if a man cut down timber to repair the old houses that stand upon parcel of the same ground and therewith doth repair them then it is no waste but if he with the timber build a new house then the cutting down of such timber is waste Or if he cut down any timber to sell to repaire such houses which are fallen into decay such is waste But if waste be done with a tempest no tenant shall be punished for such waste but if waste be done by any danger the tenant shall be punished for such waste Also it is no waste to sell in a reasonable time such trees as have been selled within twenty yeares before But if Tenants cut downe such trees to burn upon their Tenements where they have wood sufficient this is waste Also a Copyholder may not cut down wood to sell but he may to burne upon his tenement or to make reparations as aforesaid 17. Also you shall enquire whether any tenant in possession or reversion died seized of any Land or Tenements holden of this Lordship having no heire at the time of his death yea or no

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 the vacant and waste land within the Mannor belongeth to the Lord of the Mannor 30 You shall also enquire whether any person hath plowed up or removed away any Mere marks baulks or limits between one piece of Land and another and present it 31 Also you shall enquire if any have stalked with a bush or beast to kill Deere which is in the Lords Close or Parke and present it 32 You shall also enquire if any person hath concealeth or keepeth away any Evidences Charters or Court Rolls Customary terres or any other evidence which concerns the Lordship or any parcel thereof and present it 33 Also you shall enquire if any person have fished fowled hawked or hunted in this Lordship or Lords Warren and present it 34 You shall enquire also if any person have taken any Feasant Partridges with net snare or other Engine upon the Free-Hold of the Lord of this Mannor and present it 35 Also you shall enquire if any have taken away any Swans Signets or eggs of the Lords Swans out of their nests and present it 36 You shall likewise enquire if any lands of the Lord be concealed or kept back or occupied by any without the license of the Lord Also what land it is and how much land hath been so occupied and of what value by the yeare the same is and present it 37 Also you shall enquire if any Trespasse be done in any of the Lords liberty viz. in his Corne Grasse Meadows Pasture Woods Hedges Waters or Pounds or if any take Hawks or ayre of Hawks or such like trespasse and present them 38 You also shall enquire if any Land be inclosed and the same kept in severalty which ought to lye open without licence of the Lord and other Free-holders you shall present it for no Tenant of the Lordship shall loose the Common in the same 39 Also if any Copyholder let his Copyhold Land for longer time then a yeare and a day without licence except it be by Custome that he may let for longer time and if he do it is forfeiture and present the same 40 You shall also enquire whether any Tenant for yeares or life have granted any greater or larger estate then they had in their Lands or Tenements and present it for that is a forfeiture of their estate 41. Likewise you shall enquire if the Bayliff Headborough Constable and Hayward and all other Officers have well and truly executed their offices and present it 42. You shall likewise enquire whether all the defaults and plaints that were prosecuted at the last Court be sufficiently amended and whether all the orders and Lawes heretofore made be observed and kept and present it 43. To conclude you shall enquire of all other things by me omitted which you know to appertain to your charge and by the Oaths that you have taken you shall truly and diligently enquire of all the premisses and plainly without concealing of any fault and make a return of your presentment subscribed with your hands and sealed with your seals by three a clock in the afternoon Then command the Bayliffe to make proclamation O yes and adjourn the Court till after dinner in this manner All manner of persons that have any more to do at this Court may for this time depart and keepe their hour here at two of the clock in the afternoon After your return from Dinner if any surrenders or admittances be to be made or Actions to be tried let them be done Otherwise call the Jury for their presentments if they be ready and swear two affeerers to affer them as before at the Leet Then discharge the Court the Bayliffe making an O yes thus All manner of persons that have any more to do at this Court holden here this day let them come forth and they shall be heard otherwise they every one else may for this time depart and keep their day here upon a new warning And so God save the Lord Protector and the Lord of this Mannor Some select cases out of the new Reports and others concerning the Lord Copyholder and Copyholds Surrenders Forfeitures c. First of the Lord. HEe that is a Lord to grant and allow a Copyhold must be such a one as by Littletons definition is seised of a Mannor so that he must be in possession at the time of the grant for though he have good right and title yet if he be not in possession of the Mannor it will not serve And on the other side if he be in possession of the Mannor though he have neither right nor title thereunto yet in many cases the grant and allowance of such a Copy is good as he is Dominus de facto sed non de jure Calthrop 48. A Copyhold granted by a Disseisor or any other who hath the Mannor of which it is parcell by wrong shall be avoyded by the Disseisee or any other who hath right to the Mannor by his entry or recovery of the Mannor Pophams Rep. fo 71. Yet it was agreed that admittance upon surrenders of Copyholders in fee to the use of another or if an heire in case of a dissent of a Copyhold were good being made by a Disseisor of a Mannor or any other who hath it by Tort because these are acts of necessity and for the benefit of a stranger viz. of him who is to have the Land by the surrender or of the heire And also Grants made by Copy by the Feoffee upon Condition of a Mannor before the Condition broken are good because he was lawfully Dominus protempore ibid. If a Lord grant a Copy in Fee having but an estate for life in the Copyhold no larger estate shall passe then he himselfe hath Quia nemo potest plus juris in altenum transferre quam ipse habet Co. of Copy-holds fol. 96. If the Lord of a Mannor taketh a Wife and after maketh Copyhold estates according to the Custome and dyeth though the Feme hath this Mannor assigned unto her for her Dower yet cannot she avoyd the Copyhold estates because the Copyholders are in by a title paramount the title of the Feme viz. by Custome Co. of Copyholds 45. Secondly of the Copy-holder HE is Tenant by copy of Court-roll being admitted of Lands or Tenements within a Mannor that time out of minde by use and custome of the said Mannor have been demiseable and demised to such as will take the same in Fee in Fee-taile for life yeares or at will according to the custome of the said Mannor by Copy of Court roll of the same Mannor West part 1. Sym. lib. 2. sect 646. And that person is sufficient to be a Copyholder who is of himselfe able or by another to do the service of a Copyholder as an Infant may be a Copyholder for his Guardian and prochein amy may doe the service But a Lunatick

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

return ibid. False imprisonment lies against the Sheriffe for not returning a Cap. in processe c. but otherwise in a Cap. ad sat ibid. VVhere one hath liberty to returne writs the Sheriffe cannot enter to make execution of any processe ibid. In a Scire fac the Sheriffe must returne the names of the summoners c. ibid. The Sheriffe may take pos com upon a Replev ibid. A Scire fac against a Husband and his wife to say they are divorced no good return 195 A Fi. fac against Executors no good returne to say the goods were sold before the writ purchased ibid. Nulla bona returned upon a Fi. fa. against Executors an enquiry of waste and found that divers goods were wasted upon which a Sci. fa. awarded and upon two nihil's returned execution awarded ibid. Outlawry returned in Lond where not good ibid. The County omitted in the return of an Exigent erroneous 196 Vpon an Exigent returned that the party hath rendred himselfe and not so not good ibid. Cepi corpus upon a Capias ad satisfaciendum and not so erroneous ibid. Processe against the husband and wife and the wife appeares not at the day not good ibid. Vpon an enquiry of damages return of damages no hurt to the Sheriff and why ibid. Vpon accompt or debt where the Sheriffe returned no lands found and he had lands c. not good ibid. To say upon a Replevin that there is no goods c. not good the like in detinue c. or upon a Hab. fac seisin ibid. If the Sheriffe return Cepi corpus he shall be chargeable with the body at the day of the return 197 Return of Jurors 206 If two sufficient Hundreders do appeare it is sufficient ibid. None are to be returned above the age of seventy years ibid. None shall be impannelled out of their proper County except c. ibid. None to be returned but such as have 40 l. per annum 207 Twenty and foure Jurors must be returned otherwise error ibid. He must summon the grand Iuries to the Assizes and Iuries for the quarter Sessions c. ibid. None must be returned upon an Indictment but c. probi legales homines ibid. Return of issues 207 The Sheriff must return good issues ibid. Rescue what 326 Rescous 331 Regrator 332 S SHire what it is 1 By whom instituted ibid. Sheriff why so called 2 Instituted Governor of his Shire ibid. He only hath power to delegate the office of County Clerk 7 Custos vitae Reipub. Custos vitae Justitiae Custos vitae Legis 157 His Judicial power 158 To enquire of wast and execute a writ of Redisseisin 159 He may commit a disseisor to prison ibid. His Ministerial power ibid. The new Sheriff is to take notice who are in execution 160 He is to preserve the Protectors right c. 160 He must levy his Highnesse debts c. 161 He is to gather up amerciaments and fines c. ibid. and 162 He is to seize no goods of Felons till they be lawfully forfeited 162 But take Sureties he may that the goods shall not be imbezelled ibid. He must receive all Writs and execute them 163 He may command his Bayliffe to execute tem either by word or precept ibid. He must not dispute the authority of the Judges that send writs to him but must execute them 164 His Bayliffe need not shew his writ when he executes it but a special Bayliff must shew his warrant ibid. An arrest by an old Sheriff after his discharge tortious 165 He cannot execute processe on the Sabbath day ibid. He may break open a door to execute processe concerning his highnesse but not in case of a common person ibid. He must proclaim the Statute of Winchester four times a year 166 And also the Statute against unlawfull games ibid. Steward of Court-Baron how he ought to be qualified 371 How he may be retained 372 How he may forfeit his office 373 Sur-rejoinder what 17 Suit-royall what it is 161 Suit-service what ibid. Statute-Merchant what it is ibid. How to sue out execution upon it ibid. All the Fee-simple Lands of the Conusor at the time of the Statute acknowledged shall be liable to the said Statute 169 Copyhold lands are not lyable nor Lease for life but Lease for term of years shall be extended c. Goods pawned or pledged may not be taken nor goods distrained for rent c. ibid. If the Conusor die in execution the Conusee may have execution of his Lands and goods or if the Conusor escape his goods and Lands shall be extended ibid. Non est invent returned upon the first Certificate a second not grantable ibid. Severall Certificates in divers Courts upon one Stat. Execution sued in the one shall not stay that in the other 170 A Stat. certified for the Testator shall be certified for the Executor ibid. Non est inventus returned upon a Cap. in the Common Pleas Cap. and Extendi facias shall not issue out there without shewing the Statute to the Justices c. ibid. Statute must be shewed at the day of the return ibid. A stranger may have Execution where the Recognusee is dead or if a Stat. be made to two yet one may have Execution c. 171 Executors must sue out a Scire fac before they can have Execution ibid. Execution upon the Statute sued into divers Counties upon Nihil returned in one County he shall have execution of the whole in the other ibid. Stat. sued of parcel of the Lands in the name of all shall never extend the rest ibid. Three bound to one in a Statute severally Execution may be against one or all ibid. Infant bound in a Statute may avoid it during his minority c. the like by Dures imprisonment 172 Statute-Staple what it is ibid. The manner of proceeding upon it ibid. and 173 Scire facias issued out against the old Sheriffe after a new one elected for money levied by him c. 185 Sorcerers Conjurers and Witches 325 Sacriledge ibid. Stocks 327 Surveyors of high-wayes 329 Shoomakers 336 Searchers and sealers of Leather ibid. Soccage tenure what it is 347 Surrenders what are good and what not 363 Vpon a Surrender action lies not against the Lord for refusing admittance ibid. A surrender to the Lord good 364 A Surrender to the use of another c. ibid. In a Surrender it matters not if the party to whom it is be precisely expressed ibid. Surrender to the Lord c. ibid. Surrender to A. B. until he marry C. D. c ibid. Surrender to the use of a stranger ibid. Surrender to A. B.'s use if he pay 20 l. at a day ibid. Surrender to the Lord to the use of S. paying 100 l. c. ibid. Surrender to the use of one for life 365 Copyhold may be extinguished without an actuall Surrender ibid. A Surrender of a Copyhold cannot surrender before admittance 366 No surrender by an Attorney without Deed but an

sealers of leather Vnlawfull games Shooters in handguns Croshowes c. Fry of fish Phesant and Partridges Hawking or hunting with spaniels c. Tracing of hare Breaking of ponds Evesdropers Musters Horses infected Watch and Ward Mortmaine Treasure trove Waifes Estrayes c. Conclusion Proclamation The Oath Adjournment What a Mannor is L. Dyer How Mannors were created F. N. B. 3. 8 Leonards Reports first part 33. Marsh against Smith Customary Mannor what Co. 11. 17. 18. Sr. Henry Nevils case 17. E 3. fo 8. Bolstrod first part fo 54. Mich. 8. Jac. Lamb fo 128. 146. Cambden Brit. 1216. Britton fo 274 Mirror cap. 1. Sect. 3. 12 Eliz. Dyer 288. Brownlows rep 175. Bolstrod 1. part fol. 54. Bolstrod 1. part fol. 57. Of the Lord. Of the Steward The Freeholders The Copyholders The Bayliff Fleata lib. 2. cap. 73. Mag. Char. c. 35. 31 E. 3 cap. 15. Coo. l. 4. 26. 6. 27. Owens Reports fol. 35. Mic. 13. 14 Eliz. Leonards Rep. 133. Marsh against Smith Co. 4 fol. 24. Murrell and Smith and fo 27. Cliftons case The Stile of the Court. Proclamation Essoyn Plaint Amerciament Jurrors The Foremans oath The oath of the rest Proclamation The tenants are obliged to appeare at every three weeks end at the Lords Court-Baron What tenants are dead since the last Court What lands he held and by what service Who is his next heire Knights service what it is Homage fealty and Escuage Knights service Knights service is done by a man in propria persona In Scobels acts in Wards c. See the Act of Parliament for the taking away of the Court of Wards If Tenant by Knights service made any FeofmeÌ„t to his heir Alenation by collusion holding by Knights service Feofment to his use the land holden in Knights service Entry for Conditions broken Disseizin of the Tenant and death before any re-entry What Soccage tenure is Reliefe is as much money as one years rent Copyholder If tenant by Socage made any feofment to his use Whether any Freeholder hath aliened any of his freehold Lands Herriot service Herriot custom Whether any Copyholder died seized of any such Lands How a Copyholder ought to surrender his Copy-hold Whether any Copyholder hath made any surrender Mortmain What Mortmain is Waste What waste is and how the same is committed Whether any tenant in possessioÌ„ or reversion died seized without any heir A Bastard may not inherit Whether any tenant died being put out of his land by one that had no right to Petty Treason felony or murder committed of any Tenant for which he was hanged or had judgment to be hanged Whether there be any rents lost or services with-drawn Whether the Tenants do uphold and repair their tenements Whether any tenaÌ„t hath with-drawn his services Waife and stray Rescous What it is Breach of pownd Whether any Tenant hath let any Farm fall to decay viz. not maintained for husbandry as before If any have overcharged the common or high wayes or put Cattel in them before the dayes agreed upon If any persons have made pits in the high wayes breaking of hedges c. Stopping of wayes waters c. Whether any have encroached Whether any have removed any marks Whether any have stalked with bush or beast Whether any have or do keep away any Evidences Whether any have fished fowled c. Whether any have taken any Feasants c. Swans or swans eggs Concealed land Trespass in the corne grass c. For inclosing in several grounds without the L. licence c. A Copyholder may not let longer then a yeare and a day Granting greater estates Whether the Baylifs c. do execute their office Whether the defaults plaints be amended Conclusion Adjournment The discharge of the Court. A Copyhold granted by a Disseisor may be avoyded by the Disseisee But admittance upon surrenders c. good Owen Rep. fol. 115. Trin. 1 Iet rot 853. None can passe it larger estate then he hath Copyhold estates not to be avoyded for dower What person is sufficient to be a Copyholder Eliz. Dyer 301. What interest a Copyholder hath in his estate 8 Eliz. Leonards rep first part fo 8. Mich. 25. 26 Eliz. Copyholder and Tenant at will Bolstrod first part fo 51. 7 E. 4. Tenant may have an action of Trespass against the Lord. Husband to a woman Copy-holder shall not be tenant by the Curtesie without speciall custome The heire of a Copyholder not bound to come to any Court during his nonage Whether or no a Copyholder may lop trees Copyholder for life cannot claim custome to cut downe and sell trees No tenant by the Curtesie nor Dower shall be of Copyhold lands Leonard rep 1 part 126. An estate tayle cannot be of Copyhold lands without use Crook 1 part fo 31. 32. Poph. fol. 38. A Copyholder may assigne one to essoyn for him but not to do his service Copyhold not extendible by Stat. Stap. but it is upon the Stat. of Bankrupts not lyable to any charge of the Lord c. Upon a surrender action lies not against the Lord for refusing admittance In ministeriall offices action lies against him that will not do his office but not so in cases of trust A surrender to the Lord good A surrender to the use of another c. In a surrender it matters not if the party to whom it is be precisely expressed c. Surrender to the Lord c. Surrender to A. B. until be marry C. D. c. Surrender to the use of a stranger c. Surrender to A. B's use if he pay 20 l. at a day c. Surrender to the Lord to the use of I. S. paying 100 l. c. Surrender to the use of one for life c. Copyhold may be extinguished without an actual surrender Huttons Rep. fo 65. Blemerhassets case Leonard first part 133. Leonard first part 124. Poph. fol. 39. Lanes Rep. 20. A surrenderer of a Copyhold cannot surrender before admittance Poph. fo 128. No surrender by an Attorney without deed but an admittance may be Crook first part fo 142. 28 H. 8. Dyer fo 24. pl. 151. Plow fo 273. b. in Say Fullers case 14 H. 8. fo 14. b. Coo. 6. 35. Bolstrod first part so 50. A forfeiture to build and pull down again No good custom to pull downe houses or cut down trees c. Bolstrod first part fo 51. 52. A Copyholder by the common law without special custome cannot make a Lease for one yeare but it is a forfeiture Crook first rep fo 169. A lease for one year by a Copy-holder c. a forfeiture Bolstrod rep first part f. 215. Lutterels case Mich. 8 Jac. B. R. rot 602. Hetleyes rep fo 122. A Copyholder may inclose where it hath been formerly inclosed and may digg Maâ—l but it must be laid upon the some land Winches rep fo 8 The heir may take the profits before admittance and make a lease c. Poph. rep fo 39 To refuse to pay a Fine certain is a forfeiture Or refuse to appear at his Lords Court Some excusive reasons why he may not appear at the Lords Court A general warning of the Court within the parish is sufficient Leonards first part fo 133. Hetleys rep fo 7. One seised in the right of his wife surrenders it and dyes no discontinuance to the wife Co. rep 4. 23 Co. super lit fo 61. a. b. Fleta lib. 2. cap. 26. How he may be retained Co. rep 4. 30. Dyer 8. Eliz. 248. Leonards first part fo 309. Co. 4. of Copy-holds fo 143. Carthrop sc 47. 2 H. 4. 24. Leonards first part fo 299. How he may forfeit his office Co. 4. rep of Copyholds fo 146 c. Mr. Kitchin in his Jurisdiction of Courts c. A pain set for an incroachment A pain set for the amending of the same c. The finding of a pain forfeited The verdict of homage touching their former charge A Surrender and remise of lands made in Court before the Steward and the examination of the wife A Surrender made by one to his mother of lands for her life the reversion to the Son againe and his heires The definition of Pypowder 8 H. 7. fol. 4. b. St. 17. E. 4. c. 2. 1. R. 3. c. 6. Bolstrod 2. part fol. 21. Cro. 1. part fol. 33. Prescription 13 E. 4. fo 8. b. Hil. 33 Eliz. Rot. 124. Pypowders by way of grant confirmation 12 H. 7. fo 16. b. 13 H. 7. fo 19. 13 E. 3. fo 8. b. Old book of Ent. 168. Fit dette en Gailor pl. 1. fol. 18. Fit account in Execution pl. 3. 6 E. 4. fol. 3. b. The Steward is Judge 7 E. 4. fol. 23. This Court is incident to a Fare or Market and by a grant of them it passeth 19 H. 8. Brookes case fol. 2. pl. 7. Brook tit incidents pl. 34. 2 3 Phil. and Mar. Dyer fol. 133. pl. 80. Co. 10. fol. 73. Bracton lib. 5. fol. 335. De brevi de recto 1. 17 E. 4. cap. 2. No plea shall be holden in this Court unlesse the Plaintiffe or his Attorney do sweare that the contract was made during the time of the Faire Stat. 1. R. 3. cap. 6. Note

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

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

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