Exchequer THe Exchequer is a place which was Ordained onely for the Kings Revenew where two Knights two Clerkes and two learned men in the Law are assigned to heare and determine wrongs one to the King and Crowne in right of his Fees and the Franchises and the Accompt of Bayliffes and Receivers of the Kings Monie and of the Administrators of his Goods by the over-sight of one Chiefe who is the Treasurer so England The two Knights usually called two Barons were for to afferre the Amercements of Earls Barons and of the Tenant of Earldomes and Baronies so that none be amerced but by his Peers To this place there was a Seale assigned with a Keeper of it to make Acquittances upon every payment to those who desired them and to seale Writs and Escheates under green Wax issuing from thence for the Kings Revenue In this place there are also Chamberlaines and many other Officers who belong not very much to the Law CHAP. 1. SECT 15. Of inferiour Courts FRom the first Assemblies came Consistories which we now call Courts and that in divers places and in divers manners whereof the Sheriffes held one Monethly or every five week according to the greatnesse or largenesse of the Shires And these Courts are called county-County-Courts where the Judgement is by the Suiters if there be no Writ and is by warrant of Jurisdiction ordinary The other inferiour Courts are the Courts of every Lord of the Fee to the likenesse of Hundred Courts and also in Fayres and Markets where right is to be ministred without delay whether the matter concern the Plaintiffe or Defendant according to the first Ordinances in which Court they have counsans of Debts Covenant broken and of Trespasses and of such small things which passe not forty shilling value and also they have Counsans of Trespasses and forfeitures of the Fees betwixt the Lords Plaintiffes and the Tenants Defendants Et è contra There are other inferiour Courts which the Bayliffes hold in every Hundred from three weekes to three weekes by the Suters of the Free-holders of the Hundred All the Tenants within the Fees are bounden to doe their Suit there and that not for the service of their Persons but for setvice of their Fees But Women Infants within the age of 21. yeeres deafe dumb idiots those who are Indicted or Appealed of any mortall Felony before they be acquitted diseased persons and excommunicated persons are exempted from doing Suâ—t and although it be that such Free-holders may doe Suits at inferiour Courts by their Atturnies neverthelesse the Judgement is not to be given or holden for forraign and if any Plea be removed by Writ of Justities Replegiatie wast or of other nature that enable the Jurisdiction from which the Writ is originally sent and returneable CHAP. 1. SECT 16. Of the Sheriffes â—urnes THe Sheriffes by ancient Ordinances hold severall meeting twice in the yeere in every Hundred where all the Free-holders within the Hundred are â—ound to appeare for the service of their Fees that is to say once after Michaelâ—as and another time after Easter and because Sheriffes to doe this make their Turne of Hundreds such appearances are called the Sheriffes Turnes where it belongeth to Sheriffes to enquire of all personall offences and of all their Circumstance done within those Hundreds and of all wrongs done by the King and Queens Officers and of wrongs done to the King and to the common people according to the points aforesaid in the division of offences All Free-holders within the Hundred are not bounden to appeare at these Courts for King Hen. 3. excused some persons said That it was not needfull that Arch-Bishops Bishops Abbots Priors Earls Barons religious Persons nay such people not other who were exempted to doe Suit at inferiour Courts should appeare in proper person if their appearance were not necessary for some other cause then onely to make their appearance And if any one hath divers Tenements in divers Hundreds his presence is not to be excused notwithstanding the Kings grant CHAP. 1. SECT 17. Of viewes of Franck-pledges OF these first Assemblie it was also Ordained That every Hundred doe make a common meeting once in the yeere not onely of the Free-holders but of all Persons within the Hundred Strangers and Denizens of the age of 12. yeeres and upwards except of Arch-Bishops Bishops Abbots Priors teligious Persons and all Clerkes Earls Barons and Knights Feme Coverts Deafe Dumb Sick Idiots infected Persons and those who are not in any Dozien to enquire of the points aforesaid and of the Articles following and not by villanies nor by women but by the afferment of Free-men at the least for a Villaine cannot indict a Free-man nor any other who is not receiveable to doe Suite in inferiour Courts and therefore it was anciently Ordained that none should remaine in the Realme if he were not in some Decenny and pledge of Free-men it belongeth also to Hundredours once a yeare to shew the Franck-pledges and the Pledgers and therefore are the Viewes called the View of Franck-pledges The Articles are these BY the Oathes you have taken you shall declare whether all they who ought doe appeare or not If all the Free-men of the Hundred or of the Fees be present If all the Franck-pledges have their doziens entire and all those who they have in pledge If all those of the Hundred or of the Fees of the age of 12. yeeres and above have sworn fealty to the King and of the receivers of others wittingly Of all Bloud-sheds of Hue and Cry wrongfully leavied or rightfully leavied and not duely pursued and of the names of the Pursuers of all mortall offences and of their kinds and as well of the Principalls as of the Accessories Of all Exiles Out-lawes Warves and banished Persons returned and who have since received them and of those who have been judged to death or abjured the Realm Of Usarers and of all their goods Of Treasure tâ—ove Wrecks Waifes Estreyes and of every purpresture and encreachment upon the King oâ— upon his Dignity Of all wrongs done by the Kings Officers and others to the common people and of all purprestures in common places in the Land or in the Water or elsewhere Of Boundaries remsved to the common Nusance of the people Of every breach of the Assize of Breed Bear Wine Clothes Weights Measwes Beames Bushels Gallons Fills and Yards and of all false Scales and of those who have used them And of those who have bought by one kind of measure and sold by another kind in deceit of Merchants or buyers Of the disturbers of fâ—aming lawfull Judgements and of the framers of wrongfull Judgements and of the Abbettors and consenters thereunto Of every wrongfull detinue of the body of a mar or other distresse Of every false Judgement given by the View in the other Hundred oâ— in the Fee Of every Fore-stallment done in the common High-way Of wrongfull Replovies and wrongfull Recoâ—sses Of every
grace Some became Free by the Pope as it is of those villains who by Bishops are ordained into Orders of Deacon and above but norwithstanding the same a man shall not lose his right thereby who will sue for them On the other part villains become Freemen if their Lords grant or give unto them any free estate of Inheritance to discend to their Heires or if the Lord take their Homage for their land or if the Lord eject them out of their Fees and give them sustinance or if he put them in a common Prison if it be not for crime A woman after she is put in possession by her Lord is never againe to be challenged as a Neife notwithstanding she be sold And if the Lord suffer his Villaine to Answer in Judgement without him in a personall Action or to be a Jurour amongst Free-men as a Free-man knowingly and without the Lords claime the Villaine hath this Plea to the Villinage if he returne not of his owne accord Also a Villaine becomes free through the Lords default in a Writ of Native Habendo as by his Non-suit in the Writ Also by proofe of a free Stocke or to have been borne of free Parents Also by the Lords grant in Court and also by prescription also for default of proofe and also by the Lords negligence as by the remaining of the Villaine within a City or upon the Kings Demesnes for a whole yeare Or if wittingly he suffer his Villaine to be a Suiter in another Court or to be sworne in Assize or elsewhere amongst Free-men if a Villaine depart from his Lord claiming free estate so that he cannot seise him within the Mannour within the yeare or out of his Fee nor after his Writ of Nativo Habend brought it belongeth to the Lord that he bring againe that Action which is ViceCountiel and pleadable in the County by Summons and Distresses of his Lands for the Law requireth that he doe right and use not force The Parties being brought to Judgement in the County Court and the Action being declared in the Defendant by way of exception may plead that he is Franck and because that a free estate is of a higher nature then Villinage therefore because the Sheriffe hath not power to try so high a Plea by the Writ of Nativo Hebendo those Writs and such Pleas are suspendable till the comming of the Justices in Eyre into those parts but if the King Command not to the contrary those Pleas are not adjournable but from one County Court to another Note that all Villaines are not slaves for slaves are said Regardant as before they can purchase nothing but to the Lords use they know not in the Evening what serâ—ice they shall doe in the Morning nor any certainty of their services the Lords may fetter imprison beat or chasâ—â—se those at their pleasure saving to them their â—ives and members these may nor fly or run from their Lords so long as they finde them wherewith to live nor is it law full for others to receive them without their Lords consent those can have no manner of Action against any man without their Lords but in case of Felony and if those slaves hold Lands of their Lords it is intended that they hold them from day to day at their Lords will and not by any certaine services Villaines are Tillers of Lands Note by Villaines in this place is meant Copy-hol-ders dwelling in Upland Villages for of Vill commeth Villaine of Burough Burgesse and of City Citizen and of Villaines mention is made in the Great Charter of Liberties where it is said that a Villaine be not so grievously amerced that his Tillage be not saved to him but the Statute maketh no mention of slaves because they have nothing of their owne to lose And of Villaines are their Tillages called Villinages Copy-hold called Copy holders And note that those who are free and quit of all servitude become servile by Contracts made berwixt the Lords and the Tenants And there are many manners of Contracts of Fees as of Gift of Rent of Exchange and Lease which all may make for a time or for ever and quitment without Obligation and charge of service and with charge And these Contracts as all other are made by Writings Charters and Minuments by solemne Witnesses according to the example of Contracts of Marriages which ought to be a patterne to all other Contracts according to which Example were the first Contracts made by the first Conquerour when the Earles were enfeoffed of the Earldomes Barons of the Baronies Knights of Knights Fees Serjeants of Serjanties Villaines of Villinages Butgesses and Merchants of Boroughs whereof some received their Lands without Obligation or service or in Frankalmoigne some to hold by Homage and by Service for defence of the Realme and some by Villaine Customes as to Plough the Lords Lands to Reape cut and carry his Corne or Hay or such manner of service without giving of any wages whereof many Fines were leavied of such services which make mention of the doing of these base services as well as of other more gentile services and although it be so that the people have no Charters Deeds nor Minuments of their Lands neverthelesse if they were ejected or put out of their Possessions wrongfully by bringing an Assize of Novell Disseisin they might be restored to their estates as before because they could averre that they knew the certainty of their services and workes by the yeare as those whose Ancestours before them were Asteries for a long time in case Disseisors were not their Lords And thereupon Sr. Edward in his time Doom-day Booke Vt credo caused enquity to be made of all such who held did to him such services as ploughing his Lands c. besides their lawfull Customes And afterwards the people lesse fearing to offend then they ought many of these Villaines by wrongfull Distresses were forced to doe their Lord the service of Rechat of blood and many other voluntary Customes to bring them in servitude under their power for which their remedy was a Writ of Ne investoè vexes CHAP. II. SECT 29. Of Summons THis Chapter maketh mention of speciall Summons to make a difference from generall Summons where all Freeholders and others ought to come according to the nature of the Cry whereof and every one may Summon by a Common Cry but of this Summons this Chapter maketh not mention A speciall Summons is a friendly admonition of an amendment of an offence or wrong and because none is tyed to Answer to any Action reall or mixt before a Summons therefore it is to see 1 Who have Authority to Summon 2 Who are Summonable 3 In what place he is Summonable 4 How farre one is Summonable 5 At whose Charges 6 How often 7 Who may be Summonors 8 What is a reasonable Summons 1 All who have Jurisdiction have Authority to Summon 2 All those who are not forbidden by Law are
one of the houshold sueth another of the houshold and the Plaintiffe be put from his service depending the Suit the other shall shew the same and abate the Writ but quere if it be so if in case the Defendant be removed out of service c. The Coroner of the Marshalsey shall fit with the Coroner of the Country upon the death of a man and if the Plea may be determined before the King remove out of the Virge it shall be otherwise it shall be at the Common Law The Kings Bench. THere is another Court of high Authority called the Kings Bench and the Iudges of that Court have Authority to enquire of heare and determine Pleas and things touching the Crowne as High Treason Murder Man-slaughter Robberies Felonies at the Common Law and by Statute Law Mayhems Trespasses Burglaries and all deceits and falsities whatsoever but they have not authority to hold Plea betwixt Party and Party by originall Writ but in speciall cases They have power to proceed in and determine Indictments and Presentments taken within any County within the Realme where the Kings Writ runneth if it be certified by Certiorare or be delivery under the hands of the Iustices of the Peace or other Iustices before whom the Indictments or Presentments be whether it be of Treason Felony forcible entre Ryot or any other thing against the Peace and they have Authority to reverse Iudgements given in the Common Pleas by a Writ of Errour or before Iustices of Assize and in Liberties and Franchises but not in London for a Writ of Errour of a Iudgement given before the Sheriffes of London shall be reversed before the Major in the Hustings And erronious Iudgements given before the Major in London shall be reversed at St. Martins before speciall Commissioners assigned to that purpose and thereupon a Writ of Errour shall be directed to the Major to have the Record and proceedings thereof and the Record shall be certified by the Recorder c. And it is said that if an erronious Iudgement be given in Ireland it shall be reversed in the Kings Bench by a Writ of Errour for that in Ireland the Lawes of England are used And if an erronious Iudgement be given in the Cinque Ports it shall be reversed in the Kings Bench and the Writ shall be directed to the Warden of the Cinque Ports and he shall returne the Writ and the Record c. The King may have a Formdon in the Kings Bench Debt Detinue and every other Action and a Quere impedit at his pleasure And a common Person may bring an Action of trespasse Quare vi ermis in the Kings Bench and Actions for forging of false Deeds maintenance Conspiracy Actions of deceit upon the case or supposing any falsity and deceit where the King shall have a Fine c. And note that there are some Actions upon the case which shall be sued in the Kings Bench and some not as an Action upon the case against one supposing that the Defendant hath sold Land to the Plaintiffe for a certaine summe of Money and that he covenanted to infeoffe him by such a day and not by any Deed c. Or to build a house such a day and did not doe it e. such actions shall be brought in in the same Court but there are other Actions upon the case which shall not be brought in the Kings Bench as if a Horse be stollen out of the common Inne an Action upon the case lyeth against the Hosteler but not in the Kings Bench as it is said And so it is where a man is so bounden to keepe his fire that the same hurt not his Neighbours houses c. And note that the chiefe Iustice of the Kings Bench is made by Writ and not by Patent and it is to this effect Rex dilecto fidel fuo I Fitz-Iames Saltem Quia volumus quodvos sitis capital Iusticiar noster ad placita corem nobis tenenda vobis mandamus qnod officio illi intendatis but he shall be sworne by the Chancell or of England before he take upon him his office The other Iustices of the same Court are made by Patent viz. by these words Constituimus c. unwn justitiorum nostr ad placita corum no bis tenenda habend occupand officium illud quam diu nobis placuerit And if a King maketh a Iudge to hold and enjoy the said Office by himselfe or his sufficient Deputy for life the grant is void as to the Deputy and if the grant be to him and his Assignees he cannot make an Assignee c. The Common Pleas. ANd note there is another Court called the Common Pleas which Court hath jurisdiction to hold Common Pleas as well personall Pleas as reall or any other Precipe quod reddant of Lands or Tenements c of Debt Detinue Accompt and other personall Actions and they have power to hold Plea of any of those Actions which may be brought in the Kings Bench as Actions of Maintenance Conspiracy Forgery of false Deeds and Actions upon the case and trespasse against the Peace of such Actions wherein the King ought to have a Fine and also of Attaints but they have not power to hold Pleas of Appeales of Murder Rape Felony Mayhem nor to enquire of them nor of Riots And it is said That one may Sue the Peace against another before the Iustices of the Common Pleas and if the Party be in the Hall or in the Place or within their View they may send the Warden of the Fleet to bring the party before the Iustices to finde Sureties or else commit him to the Fleet and the reason why they may so doe is that good order and the Peace be kept about the Court but the Iustices have not power to award Processe to the Sheriffe to Arrest the party to appeare in the Court where the Common Plea is but it is otherwise of the Kings Bench as it is said c. And it is said That the Iustices of the Common Pleas have jurisdiction in some things which touch the Crown and to enquire and hold Plea of some felony and also of misprision and of deceit done within the Court and within the Record thereof And if one imbesell a Pannell after the Enquest passed and Iudgement given in the Common Pleas by which the Iudgement is reversable by Errour for want of that Pannell the Iustices of the Common Pleas have power to enquire of the embeselment of the Pannell by 12. of the Officers and Atturnies of the same Court and they shall be sworn before the Iustices to enquire of that default and if they endite the embesselors they shall be Arraigned thereupon and shall be compelled to answer thereunto as other Felons c. and if they be attainted they shall forfeit their goods and chattels tamen quaere c. And if one be condemned in Debt or trespasse in the Common Pleas and he be in the Hall the Iustices
outragious Distresse in another Fee or in the Market for a forraign contract Of all Bridges broken and Causies wayes common Bridges and who ought for to repaire hem Of the makers of Cloathes dwelling out of great Towns in places forbidden Of Tanners and Curriers of Leather Of Butchers and who sell unwholsome flesh for that which is sound and of all those who sell corrupt Wine for sound Wine or Beare Ale raw and not well brewed for that which is good and wholsome Of small La eines Of cutters of Purses And of those who suffer people to use any Mysterie for reward or Fee Of Receivers of Thies-boot Of makers and baunters of false Dice Of outragious Tole-takers and of all other deceivers Of all manner of Conspiraters And of all other Articles availeable for the destruction of offenders And the Presentments are to be sealed with the Seales of the Jurours so that none by fraud doe increase or diminish them and that which cannot be redressed there by these Presentments is presentable at the Sheriffes first Turne and those things which the Sheriffes cannot redresse are to be presented by the Sheriffes into the Exchequer All those who are Presented for any offence which is mortall and banished Persons who are returned and their receivers and those who are not in allegiance under the King are to be seised upon and their goods to be seised into the Kings hands And although it be so that the Bailiffe can not heare and determine any Action at the Leete neverthelesse if any one present be grieved by any wrongfull Presentment and complain thereof or if the Bayliffe or Steward have a suspition that the Jurours be in some case perjured by concealing of any offence which is Presentable or of any offender It is lawfull for the Bayliffes or Stewards by twelve more disereet men to enquire of the truth thereof without delay and although that the last Jurours joy that the first are perjured neverthelesse because that no Decenery or Jurour is not attestable with lesse then two Juryes and because the latter Jurie is not taken but ex officio of the Bayliffe and not in the nature of an Attaint the first Jurours are not to be taken Attainted but are onely to be amerced And if any one profer himselfe to sweare fealty to the Kings he is first to be pledged in some Franck-pledgs and put in the Decenety and afierwards sworne to the King and then he is forbidden to offend and common with offenders and he is to be enjoyned to be obedient to his chiefe pledge And to take this Oath in those Views is none exempted who is past the age of 21. yeeres man or woman Clerke nor Lay-man except Alliens Strangers Mossengers or Merchants and those who are in custody At these Viewes of Turnes and viewes of Franck-pledges Essoignes hold where the absence of those who cannot be there is excusable and such Essoignes are adjournable to the next Courts following that the Essoigners have their Warrants The Contents of the Second Chapter OF Actions Of Judges Of Plaintiffes Of Rewards or Fees Of Pleaders or Countees Of Attachments Appeales and to whom Appeale is given Of Goales and Goaters Of Bayles in Appeales Of the Appeale of Majesty Appeale of falsifying Of Appeales of Tredson Of Appeales of burning Of the Appeales of murder Of the Appeales of Robbery and Larcine Of the Appeale of Burglary Of the Appeale of Imprisonment Of the Appeale of Mayhorn Of the Appeale of wounding Of the Appeale of Rape Of reall offences at the Kings Suit Of offences personall at the Kings Suit Of veniall offences and personall Suits Of the Assize of Novel dissesin Of Distresses Of Contracts Of villinage and Neifitie Of Summons Of Essoignes Of Atturnies CHAP. II. CHAP. II. SECT 1. Of Actions WHen it is said that Kings and Princes have the Government and Correction of Offenders with aide of the Prelates and to that intent they are Gods Vicegerant on Earth and to doe the same they have Jurisdiction over the offenders by paines and cheifly those offenders which are under their Jurisdiction neverthelesse Kings cannot not ought not to take notice of the offences of others without Actions of Accusers which well appeareth by the example which God shewed when he was in his Consistory and demanded who was the Accuser of the woman-sinner and because none presented himselfe an Accuser against her to give us a perpetuall example that right Judgement cannot be given without there be three persons at the least viz. a Judge a Plaintiffe and a Defendant God said to the woman-sinner That she should goe in peace or quiet since it belongeth not to a Judge to be both Judge and Plaintiffe and therefore it behooveth to speake of Actions and who are and may be Judges and who Plaintiffes and who Defendants An Action is nothing else but a lawfull demand of right and there are three manner of Actions which have their Introductions by Writs and by Plaints in manner as followeth viz. Personall Reall and Mixt. CHAP. II. SECT 2. Of Judges ALthose who are not forbidden by Law may be Judges To women it is forbidden by Law that they be Judges and thence it is that seme Coverts are exempted to doe Suit in inferiour Courts On the other part a villaine cannot be a Judge by reason of the two estates which are repugnants Persons attainted of false Judgement cannot be Judges nor Infants nor any under the age of 21. yeares nor infected persons nor Ideots nor mad-men nor deafe nor dumbe nor parties in the Pleas nor men excommunicated by the Bishop nor criminall persons for God when he was upon Earth entred into the Consistory where a sinner was to be judgeed to death when God wrote upon the ground and said to the Suiters who came to Judge her Who of you is without sinne and there gave a Judgement as an example to Judges who take upon them every day to Judge the people whereby he taught them That none should take upon themselves so high and noble a â—alling as to sit in the Seate of God to Iudge offenders when they themselves are guilty and Condemnable And those who are not of the Christian Faith cannot be Iudges not those who are out of the King Allegiance next those who have no Commission from the King cannot be Iudges not none whose Authority is repealed not any one after Iudgement is given in the Cause an example thereof appeateth in the Writ of Right Etâ—nist ficeris viceconnes faciat not none after death or the Returne none whose warrant is vicious not any one if his superiout will not have him A Iudge Commissary hath not power to Iudge but according to the points and within the words of his Commission and the originall Writ no more then the Arbitrary Iudge hath power to goe beyond the points of his submission CHAP. 2. SECT 3. PLaintiffes are those who pursue their right against others by plaint All may be Accusers or Plaintiffes
points aforesaid besides the exceptions which are to the person of the Pleader for no man can be a Pleader who cannot be a Plaintiffe or Actor CHAP. II. SECT 6. Of Attachments PErsonall Actions have their Introductions by Attachments of the body reall by Summons and mixt Actions first by Summons and afterwards by Attachments The Law requireth that offenders in case of death have not such mittigation or favour that they be brought or summoned or distreined to appeare in Judgement by taking of their Cattell if the offenders be knowne and notorious and the Plaintiffe pursue them to soone as he may And if any one fly for such offence then according to the Statute of Winchester he was to be followed with Hue and Cry with Horne and Voyce so that all those of one Towne who can are to follow the Felon to the next Towne and if any such Felon be attaint and convict of the felony let him be killed if he cannot be otherwise apprehended But it is otherwise in felonies not knowne for it is not lawfull to kill the offender without his Answer if he may be taken alive And if any one would complaine to have revenge or to drive the offender to the salvation of his Soule let him goe to the Coroner of the place where the offence was done and set forth his complaint there as he will prove it and the Coroner is to cause the same to be distinctly enrolled and if he cause him to record it as murder being corrupted to destroy his Neighbour by his plaint so that he have Judgement the like is to be done to him if he prove not his plaint At the next Court after the Appeale is enrolled it belongeth to such Plaintiffes to recite their Appeales and to finde Sureties to pursue them or to remaine in Prison till they have found Baile and to the Maine-prisors such Plaints are to be delivered by Coroners body for body that they shall pursue their Appelees and to cause them to appeare in Court to receive Justice when they shall be demanded if they doe not prove their Appeales The Personall offences are these Imprisonment Mayhem Wounding Battery Perjury Usury Rescusses Forestallings Breaking of Parkes Resistance of framing lawfull Judgements Executions of false Judgements and all wrongfull offences Carrying away of Treasure trove of Wrecks Waife Estrayes The Attachments of mortall offenders are by their bodies without Sureties and the Attachments of veniall Personall offenders are also by their bodies but yet they are baileable Reall offences are those upon which are grounded Writs of right of Cosinage of Dower of right of Advowson of Entre of Escheate Writs of Quo jure of Formedon and of all Writs feodalls Mixt offerices are those upon which these Writs are framed viz. of Customes and Services of Villinage of Covenant of Homage of rendring Distresses of Mesne and other Acquittances of Escheates and the like and by reason of the mixture of their Introductions they are called Mixt. CHAP. II. SECT 7. Appeales and to whom Appeale is given THe Action of Appeale is not given to all alike but every one is allowed to have his Action of Trespasse to whom any Trespasse is done except such as cannot have any Action at all Every one may have an appeale of Burning to whom the damage is done and the property of the thing burnt doth belong Parents Kinred and Allies used to be admitted to bring Appeales of Murder but the Appeale of the Wife of the killing of her Husband is to be received before all other and yet not of all his Wives but of her onely who lyeth betwixt his Armes which is as much as to say in whose seisage he was murdered for if he had many Wives and all were alive at the time of his murdet neverthelesse she only is admitted to bring the Appeales of all the rest whom he last tooke to be his Wife although in right she be not his Wife and the reason thereof is because it belongeth not to the Temporall Court to try which was his Wife of right and which in Fact and the Appeales of all other are to be suspended the pendant the same Appeale brought After the Appeale of the Wife is the Appeale of the Sonne lawfully begotten of the murder of his Father to be received before all other it is said lawfully begotten because a Bastard is not to be accounted amongst Sons for the Common Law only taketh him to be a Sonne whom the Marriage proveth to be so After the Appeale of the eldest Son the Appeale of the next of blood is used to be received and so from one degree to another in the right Line of Cosinage and if the blood faile in that Line then they of the Collaterall Line are admitted to bring the Appeale or the Kinted where the blood faileth according to the degrees of Consanguinity and Affinity and especially in the Line of the Fathers side but the Appeales of Murder were restrained by King Henry the 1. to the foure next degrees of blood And if any one within the age of 21. yeares doe bring an Appeale the Defendant is not bound to answer so high an Action untill he hath passed that age and therefore such Appeales are to be suspended till both the Parties be of full age if exception in the case be taken to the Nonage Men and Women Clerkes and Lay-men Infants and others of what condition soever they be may bring Appeales except those who are not suffered to bring any Actions and although it be that many doe bring Appeales yet one neverthelesse is admitted to continue and pendant that all the others are to be suspended And in all Cases the Appeales against the Accessories are to be suspended pendant the Appeale against the Principall be it one or many CHAP. II. SECT 8. Of Processe of Exigent in Appeales AT the first County the Coroner is to doe no more but to enter the Pledges who properly are Main-prisors and to Command that such take the Appeales and seize all their Possessions and their goods into the Kings hands as before is said and if they be taken that they be kept till due deliverance be of them and if they be not to be found and the Plaintiffe come at another County and recite his Appeale or Appeales then are such Appelees demandable only by their names and by such names as they are best knowne by that they appeare to Answer the Kings Peace for if any one be Appealed as Son of the Father and is knowne by another Sir-name the Appeale is insufficient and by consequence abatable at the perill of the Plaintiffe and at the third County they are to be demanded in like manner as before at which County Court if the Appelees appeare not not are taken into Main-prise to appear at the next Court Judgement is to be given against them for their contempt by the Coroners and those who doe appeare before Judgement of the Coroner are presently to be delivered
him who is in ward Of goods which are in common no severall Action lyeth and therefore of goods which belongs to men of Religion the Action belongeth to the Soveraigne of the house in his name for him and his Covent or in his owne name and the name of him who is in his custody if the Action be an Action personall veniall And there is a difference betwixt Actions which are to cause death and pardonable Actions for as much as to mortall Actions the Suit is to be brought first against the Principalls and afterwards against the Accessories and in Veniall Actions of personall Trespasses all ought to be comprehended in the Plaint in common the Principalls the Commanders the Conspirators and the Accessories for as much as a man shall not recover severall damages by severall plaints thereof neverthelesse none of the Accessories is to plead to the Action before the Principall hath pleaded or be condemned for his Contempt Personall Trespasses used to be heard and determined in inferiour Courts of Lords of Fees and then the offenders were Attachable by their bodies and they used to keepe them and bring them to Judgement if they were not bayled without offending the Law The remediall Writ of Trespasse requireth bayâ—e to them which whosoever could not finde was to remaine in Custody without his Keeper because they were bound to acquit their Pledgers And if any neverthelesse become Pledges of their owne will in such cases they are to be taken but if they are thereby endamaged by Non-suit of the party they had no recovery against the principall Surety a pursuing may be in divers manners sometimes by Pledges as it is of those who can finde them sometimes by trusting them as it is in case of Forraigners and poore who have not ability to finde Pledges and sometimes by the bodies of the Plaintiffes as it is of Appealees who have no other Suâ—eâ—ies but the foure walls of the Prison And for the durenesse which is used to be done to the bodies of offenders in personall offences or veniall King Henry the 1. Ordained That they should arrest them first by their bodies untill they justifie themselves by Bayle and if they be not found and if they doe not discharge their Bayle they are then to be distreyned by their Land to the value of the demand and if they then make default their Lands are to be delivered over to the Plaintiffes untill they have made satisfaction by a reasonable Extent if before they have not acquitted themselves by Law Of Pledges note that those are Pledges for pursuing who the Plaints affirme and those are Pledges who reprieve any other thing besides the body of a man for they are not properly Pledges but Maine-prisors because they suppose that those plevifables are delivered to them by Bayle for the body The ordinary Declaration of Veniall Plaints begins in this forme I shew unto you who am here that E. who is there wrongfully delayed his Action by a false essoigne which he cast such a day in such a place c. to the great damage of the Plaintiffe And of Trespasses done against the Kings Peace it is easie to shew and of Trespasses done against Lords or Bayliffes and in hatted of false Plaints King Henry the Ordained that audience were forbidden to Plaintiffes in veniall Actions and that none was bounden to answer such Actions if they had not present proofe of a lawfull Suit And there is such a difference between a Criminall Action in pleading and a Veniall that if a Serjeant put these words scil feloniously as a Felon c. in Declaration of Veniall Actions the Declaration are vicious and abateable because that no Judge hath power by a Veniall Plaint to determine felony and in the same manner is the Count vicious and abateable where the Count is upon the right of property and upon the plea of Possession Et è contra and there are some Actions wherein no Declaration or Count as in Disseisin Redisseisin Certifications of Assize false Judgements and Attaints CHAP. II. SECT 25. Of Assize of Novell Disseisin and Reddisseisin AMongst other personall Trespasses it is not to be forgotten to make mention of Dissesin of which it is needfull first to see to the Title why it is called Assize of Novell Dissesin An Assize in one Case is nothing else but a Cession of the Justice in another case it is an Ordinance of Certainty where nothing could be more or lesse then right for the great evills which is used to be procured in witnessing and the great delaies which were in the Examinations Exceptions and Attestations Randolphus De Glanvile Ordained this certaine Assize that Recognitions should be sworne by 12. Jurours of the next Neighbours and so this establishment was called Assize In the third case Assize is taken properly for an Action in foure manner of Pleas Possessories Scil. Novel Dissesins Moâ—ldamcester Darreis Presentment Juris utrum But such Assize are called Petit Assizes to make a difference from Grand Assizes for the Law concerning Fees is grounded upon two right of Possession and property And as the Grand Assize serveth to the right of property so the Petit Assize serveth to the right of Possession and because such Petzi Assizes are to be taken of the Counties where the Fees are by the Statute of King Edward called such Actions Assizes either for the generall Cession of the Justices and of others or from the propernames of such Actions It is called Novell to put a difference from those which are ancient for anciently Kings used to goe over the Shires to enquire heare and determine offences and to redresse the wrongs there and that which was not brought in such Eyres of personall Trespasses before remained to the Judgement of God alone and afterwards by reason of the multitude of offences and that Kings could not doe all by themselves therefore they sent their Commissaries who now are called Justices in Eyre who have not power to decree and determine a personall offence but for a thing brought and not determined in the last Eyre Then for as much as the Disseisin or the personall Action was brought before the Eyre the Action or Disseisin was ancient but if the Disseisin be done since the last Eyre then it is a Novell Disseisin Disseisin is a personall Trespasse of a wrongfull putting one out of possession it is said wrongfull to put a difference from rightfull which is no offence as if I take from my Wife or my Villain or from another who is my Ward that which is my owne or if you take from me that which is mine I take it from you againe I doe not offend for I am warranted so to doe by the Law of Nature seeing this usage is common to Men Beasts Fishes Fowles and other earthly Creature but I cannot doe so afterward for if I take from you forcibly any thing whereof you have had the peaceable possession I doe disseise you and I doe
wrong to the King when I disseise him of his right or use force where I ought to use Judgement On the other side that which is taken from me by the rightfull Judgement of any Judge Ordinary or Arbitraty is not taken wrongfully from me Wrong is here taken as well for deforcement or disturbance as for ejection Deforcement as if another entereth into anothers Tenement when the rightfull owner is at the Market or else where and at his returne cannot enter therein but is kept out and hindred so to doe Disturbance is as if one disturbe me wrongfully to use my seisin which I have peaceably had and the same may be done three waies 1 As when one driveth away a distresse so that I cannot distreyne in the Tenement lyable to my distresse whereof I have had seisin before 2 Another is where one doth Repleive his distresse by the Sheriffe or the Hundred wrongfully 3 As if one distreyne me so outragiously that I cannot manure Plow or the my Land duely in which Case it maketh one an outragious distreyner to disseise or for to eject the Tenant as if any one eject me out of my Tenement whereof I have had peaceable possession by discent of Inheritance or other lawfull title to the possession Note that all right is in two kinds either in right of possession or in right of property and therefore the right of property is not so determinable by this Assize as is the knowne possession or as that which altogether favoureth of a possessory right The remedy of Disseisins hold not of moveable goods nor of any thing which falleth not into Inheritance as Land Tenement Rent Advowson of a Church and a house of Religion Franchises and the Appurtenances and such other rights whether they are holden perpetually in Fee or for terme of life or yeares according to the Contract as well as the Land morgaged to such a one and his Heires untill so much be paid to such a Tenant or his Heires Eiection of a terme of yeares falleth into the Assize which sometimes commeth by Lease or Baylement or Loane and sometimes by right of Wardship by the Nonage of some Heire and to the recoverer it belongeth to hold them according to the Contracts Villinage in some Case falleth into this Assize as to Free-tenants who are ejected or disturbed to continue their seisin of lawfull Presentments and whereof a Bargaine is made betwixt any Doner and any Purchaser although that the Purchaser cannot present living the Clerke of the Doner instituted into the Church the Title neverthelesse of Contracts barreth not altogether the Donee so that afterwards he cannot present against the forme of the Contract and if he doe the Doner falleth into this Assize and the Bishop who gave the Institution to him who is not presented by him to whom the right of presentation doth belong in his owne name Into this Assize also fall Donors and Purchasers who make vicious Contracts of Lands and Possessions as also it is of Guardians and of Farmers who Lease their Lands for a longer time then their terme endureth in prejudice of the Lord of the Fee or of him to whom the Reversion belongeth as it is of those Lessors who have Fee rayle On the other side fall into offence those the Kings Officers and others who disseise a man or a Corporation of their Franchises whereof they have the Inheritance by lawfull Title if not through the default abuse or negligence of those or of their Bayliffes to whom the Franchises belong Into this offence also fall all Atturnies who yeeld up the Inheritance or Freehold of their Clyents in Judgement and the Justices also who yeeld to them and the Tenants also for it behoveth not Atturnies to lose their Clyents rights but it behoveth them to defend them till a rightfull Judgement be given Into this offence fall all those who commit any wast exile or destruction in Lands as that which is not justifiable by Law as those who assigne over Lands to others where in the Feoffments to themselves or their Ancestors there is mentioned but of Heires only and that may be two waies viz. to Heires generall or to speciall Heires named as in Fee tayle or not named as in Franck-marriages This Action all Persons may bring Men Women Clerkes and Laymen Infants and others of what condition soever they be who are not forbidden by the Law It is forbidden to Villaines to bring this Action without their Lord for as much as they are in the Custody of their Lords In the same manner to Feme Coverts and to others who are in Ward and to those who were never Tenants in their owne names but in the name of the Lord The Law also denyeth the Suit to those who have withdrawne themselves from the same action in Judgement or have released or quit-claimed their right And note that Retrahere sub-trahere is not all one Retrahere doth acquit a man from those things which are in his Writ or in his Action but neither the one not the other can utterly barre him if he doe not openly declare the same but subtrahere withdraw his Action every Plaintiffe may doe either by himselfe or his Atturney whether he be present in Court or absent and although it be that one will not pursue his Action yet he doth not so barre himselfe nor withdraw himselfe but that he may have a new Writ and a new Plaint if he doe not openly in Judgement say that he withdraweth his Action these remedies hold against a Disseisor and where there are many against all those who appeare in the force or in the aide CHAP. II. SECT 26. Of Distresses ANy Action rightfully grounded upon a Personall Trespasse accrueth to people wrongfully distreyned which is called a Distresse and because that none can cover his Robbery or his Latcine by Distresse it is 1 to be knowne what is the division of Distresses 2 Who may distreyne 3 When and of what things a Repleive lyeth A Repleive is nothing else but a reasonable distresse A reasonable distresse is to the value of the thing in demand without any other fault for no outragious distresse is termed lawfull There are two manner of Distresses a dead distresse as of Corne Wine and other such Chattels and a live distresse as of a Man a Beast and of such like things No man can distreyne who is not warranted so to doe by Law or by some other speciall deed 1 By the Law as for Damage feasance and for Debts and Contracts of Forraigners for Forraigners are distreynable by their moveable goods and summonable because they are not free Tenants in the places where they are destreyned and for as well a Debt recovered as any other and so for Amercements of damages and Arrerages of Accompt or other thing 2 By Deed as if you grant me any Annuity and doe grant me to distreyne in the Lands for the Arrerages of the same or other service and binde
holds this Replication Sir such Avowry ought not availe him because he was not a knowne Bayliff in such a Hundred or because he did not any thing in the manner of a distresse as not in a due time nor had any warrant but tooke it in the night time or in such other manner feloniously robbed him and stole c. and in the like manner may a Replication hold against a robbery made by colour of disseisin CHAP. III. SECT 20. Of Burglary TO Burglary he may say That he entred into the Tenements without doing any Felony and not against the Peace as in to his owne demeane and free-hold CHAP. III. SECT 21. Of Rape IN Appeale of Rape he may deny the Felony and say that he ravished not her against her wil but that she assented and that appeareth because she conceived by him at the same time and there is no presumption that she was ravished against her will by fouling of her Garments nor shedding of blood nor Hue and Cry made or other manner of violence offered CHAP. III. SECT 22. Of Imprisonment TO the Appeale of Imprisonment he may say that he did it by force of a rightfull Judgement of such a Iudge but to that Plea is this Replication good that after there came a Warrant to him to deliver him he kept him in prison for the time named in the Appeale CHAP. III. SECT 23. Of Mayhem and Wounding IN Mayhem he may demand the View thereof for he cannot lawfully complaine when there is no Mayhem to be Iudged of and of Appeale of Wounding in the same manner By the death of the King all Pleas are suspended all Goales opened no Iudge Bayliffe or other Officer ought to entermeddle therewith for want or warrant and all Out-lawes and all Waives and those who have forjured the Realme and all banished Persons used then to returne except those who were exiled and banished for ever and if any recovered before for that he could not have Dett if he were not justâ—fied to the Peace and if he be brought to Iudgement and if he be accused of Outlawry he may say that he is discharged of the Outlawry by the Kings grant Or he may say that the Outlawry ought not to prejudice him because he was under the age of 2. yeares at the time of the Outlawry and therefore that he was not Outlawed for the felony Or because the felony was not done in such a County or because he was not Out-lawed in England or not within the Kings Dominion where the Writ runneth for an Outlawry prouounced against a man in the Bishoprick of Durham or elsewhere in the Land where the Kings Writ doth not run shall prejudice as one in the Land where the Kings Writ runneth Nec è contra Or because the felony was not done in the time of this King or not since the last Eyre in that County Or because the Processe of the Outlawry was false by a false Warrant or without any Warrant or because he lay sicke and was Essoigned De malo lectâ— or because he is alive for whose death he was Out-lawed or because he was Imprisoned the day of the Outlawry or because he was in the Kings service in the Holy Land or within the Realm for the profit of the Common-wealth Or because he had the Kings Protection or because he was a Mad-man or an Idiot or Deafe or Dumbe or professed in Reliligion in which cases if he pray to be received to Answer he is to be received And the Plaintiffe was to be demanded and it was to be proclaimed that if any one could shew why he should not be enlarged that he appeared at a certaine day All Parties in Iudgement are necessary to be present and they are to have Oyer of the Writs of the Originall the Plaintiffes Commission the quantity or the quality of his plaint And the Disseisor or their Bayliffes every one of them for himselfe may say in this manner he may Answer and say for himselfe that he hath not done any wrong or disseisin nor hath any thing in the Tenements put in the Plaint and he may so Answer and so of others till it come to the Tenant in whose name the disseisin was and he may Answer and say that he is not in by disseisin but is in by D. who infeoffed him who is not named in the Writ and it may be that D. entred by E. and so there may be many according to divers Feoffments betwixt the first Disseisor and the Tenant in which cases no Voucher to warranty holdeth place for a Personall Trespasse and therefore every one is well to looke not to make a Contract of a vicious thing and that he take Caution and such Surety in the Contract that he may have a recourse to recover if he lose the thing and therefore the Lords used so keepe their Mannours that none could enter by Intrusion Disseisin or by other vicious bargaines not otherwise unlesse the bargaines were entred in their full Courts whereby the Lords could not have received their enemies into their Mannours nor have taken their Homage against their wills nor any used to enter before they had found Sureties to restore to the Purchasor or his Heires the value of the thing if by rightfull Iudgement it belonged to him after his thing lost for the offence of Allienation or for his power of this warranty To the principall Disseisor it belongeth to have a regard if the Plaintiffe put more into his Plaint that he Answer not but to that which he may avowe he may say that there is varience betwixt the Originall and the Commission or that the Writ is vicious as it is in misprision of names or fit-names Of names as Renand for Harrand Margery for Margaret and such like or he may say the Writ is faulty for want of Sirnames or if the names of Dignity be omitted as if a Bishop Abbot Prior or other be disseised of any thing in the right of his Dignity and he makes his plaint simply of a Trespasse done onely to his Person and not to his Church or Dignity in this manner A. complaines to you wherea he ought thus to make his Plaint A Bishop of London and so it is of Disseisors Or he may say that the Writ is vicious because the Plaintiffe who is solely in the Plaint hath no cause of Action but with another who is not named in the Writ Or it may be faulty if it be not contained in the Writ Dissersivie eum where it ought to be Dissersivie eam or eos where it should be ewn or eam etè contra It is contained in the Writ wrongfully and without Judgement c. and to that one may plead not wrongfully but rightfully denying any other force And note that one may be disseised wrongfully and without Judgement and wrongfully and by Judgement as it is of those who are disseised of their Free-holds by the Judges who have no Iurisdiction and neverthelesse
to the Bayliffes sometimes to the Justices in Eyre sometimes to certaine persons named and sometimes to persons not named as to Bayliffes Justices and Sheriffes And every Plaintiffe used to have a Commission to his Judge by the Writ Patent aforesaid And now may Justices Sheriffs and their Clerks forge Writs thorough draw loose amend or empaire them without any prosecuting or punishment because the Writ are made close through abuse of the Law By that Seale only is jurisdiction grantable to all Plaintiffes without difficulty and the Chancellour is chargeable by his oath of allegiance to make such Writs and that hee do not delay or deny justice nor a remediall Writ to any one CHAP. IIII. SECT 4. Jurisdiction is a power to declare the Law THat power God gave to Moses and that power they have now who hold his place upon earth as the Pope and the Emperour and under them the King now hath this power in his Realme The King by reason of his dignity maketh his Justices in divers degrees and appoinâ—eth to them jurisdiction and that in divers manners sometimes certaine especially as in Commissions of lesse Assizes sometimes in certaine generally as it is of Commissions of Justices in Eyre and of the Chiese Justices of Pleas before the king and of Justices of the Bench to whom jurisdiction is given to heare and determine Fines not determined the grand Assizes the transations of Pleas and the rights of the King and of the Queen and of his Fees and the words of the Kings Writs whether they be named generally or specially Besides the Barons of the Exchequer have Jurisdiction over receivers and the Kings Bayliffes and of Alienations of Lands and rights belonging to the King and to the right of his Crowne Sometimes jurisdiction is given to Sheriffes for the defaults of others as appeareth in the Writ of Right where it is sayd That if he do not right that the Sheriffe of the County shall do it Sometimes to those who have the Returne of Writs Returnables Sometimes jurisdiction is given to the Justices of the Beach by removing of the Pleas out of the Counties before the sayd Justices and sometimes to Record the Pleas holden in meane Courts without Writs before the same Justices of the Bench But as those Records ought not to availe the Plaintiffes if not after judgement given that the Pleers be Returnable untill after their judgements And as the Pleas moved upon the Writs are to be remanded into the Lords Courts where the Lords have not failed to do right In like manner are the Pleas removed by Pone returnable in the Counties in case where the parties never appeared in Court for to Plead To the office of chiefe Justices it belongeth to redresle and punish the tortious judgements and the wrongs and the errours of other Justices and by Writ to cause to come before the King the proceedings and the Records with the originall Writs and before such Justices are all Letters Pleadable returnable and to be ended wherein mention is made before the King himselfe and the Writs not Pleadable nor Returnable before the King are returnable into the Chancery And also it belongeth to their office to heare and determine all plaints made of personall wrongs within twelve myles of the Kings house and to deliver Goals and the prisoners from thence who are to be delivered and to determine whatsoever is determinable by Justices in Eyre more oâ— lesse according to the nature of their commission On the other side there is a kinde of jurisdiction which is called Arbitrary which is not ordinary nor assigned as is such which is by the assent of the parties Of Jurisdiction commeth Judgement which hath many significations In the one judgement is as much to say as absolutions from offence In another sence as sentence which sometimes soundeth well as of discharge or acquittance from punishment and sometimes ill as Excomengment and in another sence as the end of the Plea and the end of jurisdiction Jurisdiction assigned may be for a time or for ever For a time as in some exception dilatory where the Action reviveth for ever as by a definitive sentence upon the Action Judgements vary according to the difference of offences In like offences neverthelesse there are the like Judgements For the mortall offences according to the warrant of the old Testament were assoiled by death For in the old Testament it is found That God commanded Moses that he should not suffer Felons to live But before more is to be spoken of punishments it is to see by what introduction offenders and contumacious persons are compellable to appeare in Court and by what judgments CHAP. IIII. SECT 4. Defaults punishable DEfaults are punishable many wayes In appeals of Felony they are punishable by Outlawry which judgement is such that after that any one hath been solemnly called and demanded to appeare to the Kings peace at three severall Counties for felony and he commeth not that from thence forward hee is holden for a Woolfe and is called Wolfshead because the Woolfe is a beast hated of all people and from thence forward it is lawfull for any one to kill him as it is a Woolfe whereof the custome was to bring the heads to the chiefe place of the County or of the Franchise and according to Law for every head of an Outlaw to have halfe a marke and such Fugitives Outlawes forfeited for their contempts the Realm Countrey friends and whatsoever belonged to the peace and all manner of rights which they ever had or could have by any Title not only as to themselves but to their heires for ever Also all confederations of Homages of alliance of affinity of service of oathes and all maner of obligations betwixt the Outlawes and others were broken severed and defeated by such judgement And all manner of Grants Rents and Contracts and all manner of Actions which they had against any manner of persons were void not only from the time of judgement but from the time of the Felony for which such judgement was given and such persons could never againe resort to answer the Felony if the Processe of Outlawry were not faulty if not by the great mercy and favour of the King Weomen were not plevisibles and put in dozens as men but were waves CHAP. IIII. SECT 5. Defaults IN personall Actions venialls defaules used to be punished after this manner The Defendants were distrained to the value of the demand afterwards they were to heare their judgements for their defaults and for default after default judgement was given for the Plaintiffe This usage was changed in the time of King Hen. the first That no Freeman was not to be destrained by his body for an action personall veniall so long as he had Lands In which case the judgement by default was of force till the time of King Hen. the third That the Plaintiffe should recover his seifure of the Land to hold the fame in demeasure
two points one in the specialty of the Corporall punishment and of the Plurality punishments since the redemption by a pecuniary paine is but the buying out of the Corporall punishment The other to have jurisdiction against the Abettors without originall Writ The Statutes of Waste are founded upon Errour since waste is a personall Trespasse and requireth other manner of Processes as appeareth in the Chapter of defaults and to defend a personall Trespasse by Writ is but a vaine labour The Statute of not allowing a false cause in the Essoigne De malo lecti is defective for in no Essoigne for no Party is any false cause or any falsity to be permitted not ought to be profitable to any The Statute of Debt and Damages recovered is defective for not onely should such remedy be in the Kings Courts but it ought to comprehend in all other Lay Courts The Statute of those who are dead without Wills is defective for it ought to comprehend Felons and Fugitives as well as true men and the King and all others into whose hands their goods come as well as Ordinaties for none can forfeit the right of another The Statute for allowing one manner of Exception in the like Actions was not needfull to have been made if not for the negligence of Justices for every affirmative is encounterable with his negative at the perill of the party The Statute of detinue of service is a novelty daugerous to Lords of Fees as appeareth in the Chapter of defaults The Chapter of making new Writs had not need to have been made if the first Ordinances of Writs were observed The Statute to have remedy by Assize of Novel disseism is reproveable for as much as it comprehendeth not Lands charged with Villain Customes not Lands holden for terme of yeares The point needed not have forbidden false Exceptions if the Pleaders held themselves to the points given in charge And as to the point of Imprisonment the Statute is reproveable for the reasons aforesaid and also as to the paine of double damages for the Law giveth a man no more then is his demand And that which appeareth in the Statute of false Appeales is more errour then right in the enacting the award of amends to Defendants whereas it is not to the Plaintiffes And as to the Writ to the use of Sheriffes in Disseisin it is no Statute but it is a thing at pleasure and a wrong And that which is used to grant Damages in part or in all to Justices or to Clerkes or to Ministers or others should be forbidden as a usage very full of damage to the people And as punishments are reproveable in Novel Disseisins so are they in the Statutes of Disseisins Corporall punishments neverthelesse hold in such personall Trespasses but in Reddisseisins more then in Disseisins The Statute which forbiddeth that Writs of Oyer and Terminer be not Ligirment granted is not founded upon any Law Easily as being repugnant to the words of the Great Charter We will not sell or delay Justice to any man but commeth rather from the remporall Iudges who cause the same for their advantages as desiring to embrace all Pleas. The Statute of Caption of Assizes thrice in the yeare is reproveable as to the adjournment of the Parties out of the Counties before the Iustices of the Bench who have no jurisdiction over those Pleas since the Commissions are given to Iustices assigned And as to take Iuries and Enquests in their Counties so the Statute is not to destroy the Authours and indamage the people The Statute which forbiddeth Iustices that they cause not Iurours say but their advice is defective as appeareth in the Chapter of Iurours The Statute of Exceptions allowables rebutted by Iustices is not founded upon Law as appeareth in the Iudgement of false Iustices but is when it is in no part fixt The Statute of Rape is reproveable for none can ordaine by Statute that a veniall punishment be turned into a mortall without the consent of the Pope or the Emperour The Statute that the King hath the Suit in Rape or in Ellopment of women Married is reproveable for none is bounden to Answer to the Kings Suit if not by Appeale or by Indictment And that which is contained in it That Women should lose their Dower for the sinne of Adultery ought also to comprehend all Adulterours who claime to hold the inheritances of their Wives by the courtesie of England so that there be no exception of persons The imprisonment of the Alloppors of Nunnes and their ransome is no Law but is an errour in a double manner as before is said in many places The imprisonment for two yeares or more ordained for a Corporall punishment to Ravishers of Marriages is but errour for no Corporall punishment ought to be ordained but for common profit as before appeareth of open Penances And that which is ordained of Proclamations in personall Actions is but abuse of Law as it is said in the Statute of Moignes The Statute which awardeth Ransome is reproveable for Ransome is nothing else then the redemption of Corporall punishment The Statute of Distresses made by Baylisses unknowne is distinguishable for in torrious Distresses without warrant the Iudgement of Robbery holdeth and by warrant is every one receiveable whether knowne or unknowne The Statute of Iurours is reproveable for the Law wills that the Plaintiffes have the aide of the Courts to cause the Witnesses to appeare whereby they may the more lawfully helpe themselves without distinction of persons And that that jurisdiction is granted to Justices assigned to Oyer and Terminer Plaints without a speciall Commission is but abuse The Statute which awardeth that Writ of Judgement be made without warrant of originall Writ is nothing else then a Licence to falsifie the Kings Seale The punishment of Sheriffes ill answering is reproveable as to the punishment for dis-inheritors of the King offend of the crime of Majesly and are by consequence punishable by death which ought not to be in such cases And as to issues the Statute is reproveable for no issues are awardable but after defaults in Actions mixt and not to the Kings use but for the profits of the Plaintiffes The defaults made of the Statutes of Clerkes Cryers and other Officers of the Court are but idle because they aâ—e not kept at all The Statute that Cognizances and Enrolements which are made in the Chancery the Exchequer and before Iustices be established is an Authority of great ill for by false enrolements might every one in Authority destroy those he pleased which should be a great inconveniency Againe by this Statute Authority should accrue to Authority to the Chancellor and others to falsifie the Kings Seale by Writs to give judgement without originall Writs And therefore note that none but the King can receive Arturnies in the Kings Court nor recognitions bitwixt Parties without warrants of originall Writs The Statute of improvements of wasts and commons of Pasture
is reproveable and distinguishable according as hath been said before The Statute to have view of Lands is but a wrongfull delay of the right of the Plaintiffes for the View appeareth sufficient by the Certificate of the Summons upon what Tenements the Tenants are summoned The Statute which forbiddeth that no Officer of the Court take any presentment of any Church not other thing which is depending in Plea or in debate is not kept Reprehensions upon the Statute of Gloucesier 16. E. 1. THe Statutes to recover Damages in Pleas of possession enacted at Gloucester or else where and of the horrible damages in waste are reproveable for that the Law giveth one no more then is his demand and therefore it behooveth that the damages be mentioned in the Writs if damages shall be awarded for a Judge cannot exceed the points of his Commission and so it would be needfull to use it according to the first Ordinance of Writs And the Statute of Tenements alliened of Lands in prejudice of others is reproveable for the remedy ought to be such as of Guardians allienors to the dis-inherison of the right Heires The Statute of Trespasse pleaded in Counties is reproveable for want of distinction for small Trespasses Debts Covenants broken and such other kinds not exceeding forty shillings Suitors have power to heare and determine without Writs by warrant of jurisdiction Ordinary and by Writs granted afterwards for Sheriffes have more jurisdiction in their Writs vicontiell then Justices of the Bench by the Pone And as to the recovery of twenty shillings or more in right of Essoigne of the Kings service not warranted the Statute is reproveable for that Essoigne might be cast where the Defendant would make default by the adverse Party and so he should have advantage of his malice The Statute which forbiddeth the abatement of Appeales is not observed The Statute which awardeth an innocent man to remaine in Prison or to have no manner of punishment for necessary Man-slaughter or by mischance where no offence is found is but an abusion The Statutes making mention of London ought to extend commonly throughout the whole Realme CHAP. V. SECT 6. The reprehensions of Circumspectè agates An. 13. E. 1. THe first point which saith That the Kings prohibition holds not in correction of mortall offences where a pecuniary paine is enjoyneable by Ordinaries is founded upon open errour and usage to enjoyne a pecuniary paine for a mortall offence notwithstanding to destroy the King jurisdiction The other points to compell the Parishioners by corrections to enclose Church-yards to offer to give Mortuaries Monies for Consessions Chalices Lights Holy Vestments and other adornement of Churche are more grounded upon interest then amendment of soules and note that after that they are offered to God that they are so spirituall that they are to be expended but in Almes and spiritually for they are never to be converted to Lay uses And then if any Parishioner for the hurt of the Parson of the Church keopeth back his Tithes or stealeth them away or doth not pay them duly or fully the same is not punishable by a pecuniary paine but by a corporall punishment For the Excommunicate no pecuniall paine was to be for restitution or satisfaction no more then of a Pagan or a Jew and if they doe demand a pecuniary paine there the Kings Prohibition lyeth and much more in the demand of Pensions or of damages of Trespasse or of defamation but of Pleas of correction where one Pleades onely Pro salute anima the Kings prohibition lyeth not CHAP. V. SECT 7. THe new Statute of Debts is contrary to Law as it appeareth in the Chapter of Contracts for every imprisonment of the body of a man is an offence if not for tortious Judgement and the Law will not suffer any Obligation or vicious Contract by intermixture of offence and therefore it was to be avoided as grounded upon an offence for no honest man ought to agree to such a Contract which causeth him to offend or to be punished Againe it is contrary to the Great Charter which enacteth that no man be taken nor imprisored if not by the lawfull judgement of his Peeres or by the Law of the Land Here endeth the Mirrour of Justices of the right Lawes of Persons according to the ancient usages of England The end of the fifth Chapter and of the whole Booke FINIS THE BOOKE Called The Diversity of Courts And Their Jurisdictions Written by an unknown Author in the time of King Henry the Eighth in the French Tongue Wherein many necessary and profitable things ate contained Translated out of the French Tongue into English for the use of many By W. H. of Grays Inne Esquire Imprinted at London for Matthew Walbancke and are to be sold at his Shop at Graies Inne gate 1646. The Booke called The diversity of Courts and their Jurisdictions IT is to be understood that the King is the fountaine of Justice and to that purpose ordayneth Judges that Justice be administred to all his Subjects The King himselfe for the excellency of his Person may fit and give Judgement in all Causes personall or reall betwixt Party and Party but he cannot fit in Person in Judgement in any Cause where he himselfe is Party or where the things of his Crowne or Dignity are concerned as upon an Indictment of Treason or upon as appeale of Murder or Felony or upon an Action brought by himselfe as Formdon of Land of which the right is descended to him from a colaterall Ancester or in an Action of Debt by reason of the affection moving him to be favourable to himselfe and therefore he maketh his Iudges to sit and heare such matters in difference and to doe justice to the parties And the place where the Judges sit to minister Justice are called Courts which are of divers kinds and the Judges thereof have severall Authority Of the Court of Marshalsey ANd first the Court of Marshalsey is an ancient Court and made for the well government and ordering of the Kings house for the preservation of the King and his Servants and this Court hath its bounds within which it hath jurisdiction and not without The Iudges of this Court are the Steward and Marshall of the Kings house for in them under the King is the ordering of the houshold c. The title of the Court is Placita Corone aula Hospitii Domini Regis leat coram seneschalle mareschallo hospâ—â—â—i Domini Regis c. And this Court hath power to enquire of Treason Murder and Felony and to take Appeales of them and of Mayhem if they be done within the Virge betwixt persons who are of the Kings house And if one of the houshold Sueth another who is not of the houshold he may plead to the jurisdiction of the Court and if they will not allow of the Plea he shall have a Writ of Errour and the Iudgement shall be reversed in the Kings Bench. And if
Ports and such places which have Counsans of Pleas and also in Court Barons in which Courts is Iustice done according to Law c. And although they of the Cinque Ports ought to be empleaded of their Lands within the jurisdiction of the Cinque Ports yet that holdeth onely where the Tenant sheweth the same and taketh advantage thereof if he be impleaded in the Kings Courts of things which are within that jurisdiction but if the Tenant be sued in the Common Pleas for Lands within the Cinque Ports if the demandant doth recover by default or if the Tenant appeare and plead any matter which is found against him so that the demandant hath judgement for to recover the Land that judgement shall bind him for ever c. But the Tenant might have alleadged That the Land was within the Cinque Ports and by such Plea the Kings Courts should be outed of the jurisdiction c. And so it is of Lands within an ancient demeasne if a Writ be brought thereof in the Common Pleas if the Tenant appeareth and pleadeth and doth not take exception to the jurisdiction and the Plea be found against him so that the demandant recovereth the Tenant shall not reverse the judgement by a Writ of Errour because the Tenant might have taken exception to the jurisdiction of the Court and it should have been allowed c. But yet the Lord may reverse that judgement by a Writ of deceit and shall make the Land ancient demeasne as it was before c. And if one hath Counsans of Pleas in a Towne or in a Mannor and a Writ is brought in the Common Pleas of the same Land and the Tenant pleadeth and judgement is given against him the recovery is good for it is within the power of the King and the Writ of the Common Pleas doth take place there and if the Bayliffe or Lord doth not demand Cognusans the judgement is good But in another Action the Bayliffe shall have Cognusans for that the nature of the Lard is not changed and so see that where a man hath counsans of Plea c. it ought to be demanded by the Bayliffe or the Lord and the Tenant shall not demand the same if he be impleaded in the Kings Court but of the ancient demeasne there it behoveth the Tenant to shew the same and plead to the jurisdiction c. if he will have advantage thereof c. And so note that in the Cinque Ports there is such a liberty that the Lands and Tenements are pleadable there before the Barons c. and yet if one be impleaded at the Common Law of Lands within the Cinque Ports the Barons shall not have Counsans of the Plea but the Tenant may plead the same to the jurisdiction in abatement of the Writ c. The Court Baron NOte also that there is another Court which is called Court Baron in which Court the Suitors are the Judges and not the Steward and they hold plea of Contracts within the jurisdiction c. and yet it is said by some That the Defendant shall not shew that the Contract was made out of the jurisdiction and pray that the Plaintiffe be examined as in a Court of Pipowder The Judges of the Court Baron have Authority to hold plea before them of Debt upon Contracts or Detinue but not of detinue of Charters nor Actions of debt upon a judgement in a Court of Record but otherwise I thinke it is of a recovery in the same Court nor shall they hold plea of Maintenance forgery of false Deeds of deceit not of Decies tantum not of pleas of Accompts for they have not authority to assigne Auditors They shall not hold plea of Debt above the summe of forty shillings unlesse it be by prescription and they shall not hold plea of Free-hold by plaint but by a Writ of right they may But if a judgement be given of Free-hold upon a plaint it is said it is good untill it be reversed by a Writ of false judgement tamen quaere c. And note for what Suit a man shall be judged in a Court Baron and it is said That it is where a man is seised of Lands in Fee-simple and which he holdeth by service of Suit at the Lords Mannour that Suit is properly Suit-service and for such Suit he shall be judged in a Court Baron and for no other Suit as it is said c. And quaere also when erronious judgements are given how they shall be reversed viz. when by Writ of false judgement and when by a Writ of Errour And some say That in all Courts where the party might remove the plea by a Recordare upon a judgement given in such Courts a Writ of false judgement lyeth as in ancient Demeasne Court Baron County Court and Hundred but in other Courts which are of Record the plea shall be removed by a Certiorare and upon judgement given in such Courts which are of Record it shall be reversed by a Writ of Errour c. And if a man recovereth in a Court of Record by erronious judgement and Sueth not Execution some say That a Writ of Errour lyeth and the party shall have a Supersedeas if he will prey the same but if a man hath judgement in a Court Baron and taketh not forth Execution no Writ of false judgement lyeth Quaere the reason thereof and what the Law is in that case And note that sometimes the Sheriffe is Judge as in Reddisseisin Wast and Admeasurement and the Processe shall be served by the Baily as is said And note that the Sheriffe is an Officer â—o the Kings Court to execute the Processe thereof yet sometimes the Coroner is the Officer to the Court where defect is found in the Sheriffe c. so that he cannot by Law indifferently execute the Processe as for divers apparent causes yet if the Sheriffe dyeth the Processe shall not goe to the Coroner but shall stay till another Sheriffe is chosen c. And because the Sheriffe is an Officer appointed by the Law to attend the Kings Courts a man shall not take an Averment against the returne of the Sheriffe directly and the reasâ—n is because where Justice ought to be ministred and executed those who have the Government of the Law ought to repose trust and confidence in some person and if every one might averre against that which the Sheriffe doth then Justice should not be executed but should for ever be delayed c. The meanes and the remedy how a man may come to his due and to that which is wrongfully kept from him and that is by plea and this word is generall and hath divers effects implyed therein and may be divided into divers branches viz. Into pleas of the Crowne as appeales of Death Robbery Rape Felony and divers other things c. and into Actions reall whereby Lands Tenements Rents and other hereditaments are demanded as Writs of right Formed on c. Or Actions
the which the Witch caused Samuel to rise who warned Saul of his death Another kind is Piromancy which is done by fire Another is Areomancy which used to be done by signes in the Ayre Another is Hydromancy which is done by signes in the water Another is Geomancy which is done by signes in the land Another is Negromancy which is done by death by making the dead to speake Another is South-saying which was done by signes in the entrailes and bowels of Birds On the other part some Diviners used to put trust in Lots some in Songs some in Verses of Psalmes some in carrying Gospel and Charmes about their necks some in Enchantments and Spels some in signes in the entrailes of beasts and in the palmes of the hands Some were called Mathematitions and Magij and Divined by the Startes Others were called Arioles who tooke their answers from the Divell by evill men Others South-sayers who numbred nights and daies and houres whereby they ordered their businesse There were many other kinds all which manner of Divinersate to be by the Word of God himself and authority of the Church to be excommunicated and sobidden as much as Mahometry and things against the true Faith And this S. Augustine proves by many Reasons hence it is that they who travell to Witches or Diviners to know things to give that to the creatures which belongeth to God alone Wherefore these wicked doers are to be removed from the society of Gods holy people so that no good Christian be taken with their Art nor partner in their sins CHAP. 1. SECT 5. THe Crime of Majesty or offence against the King is neighbour to many other offences For all those who commit Perjury whereby every one lyeth against the King falleth into this offence As the Kings Ministers who are sworn to doe Justice and forswear themselves in any thing so those who disseise the King of any of his Franchises or of any manner of Right which belongeth to the Crowne by Occupations or Purpestures or in any other manner although it be no mortall offence Into Perjury fall all those Subjects of the King who appropriate to themselves Jurisdictions over the King and of themselves make Judges Sheriffes Coronours and other Officers to have Counsance of Law Into Perjury against the King fall all the Kings Subjects who appropriate to themselves Jurisdictions of Counties Honours Socknes Retorna brevium or any thing which may fall to his Inheritance as Wards Escheates Reliefs Suits Services or Marriages Faires Markers Enfang thef Out Fangthef Waife Estray Treasure found in the ground Warren in their owne lands or in the lands of others Tole Pavage Pontage Chinueage Murage Carriage or other the like Customes Into Perjury against the King fall those the Kings Subjects who take Abjurations of Felons and Fugitives and are no Coroner nor warranted by the King so to doe and those who put out any Indicted or Appealed of any Crime out of the Roll of the Coronour and those Coronours who oftner then once receive Appeale of Aprovers or procure that a man who is innocent be appealed by an Approver And those who have detained Appeales of Approvers of forraign Acts or whereby any forraigner is Appealed And those Coronours who wittingly suffer the goods and chattels of Fugitives to be lesse valued then they ought to be of right Or conceale them in part or in all or detaine them to their owne uses to the damage of the King or deliver them elsewhere then to the Townes or for lucre have taken more then they should in damage of the Townes Or suffered their Servants to have the garments or other things which are to be seized for the Kings use or the garments of the dead or delay to doe their office through covetousnesse Into Perjury against the King fall those Officers who pardon Fines and Amercements which belong to the King or any manner of penalty either corporall or pecuniary without speciall warrant And those Officers who by Summons and Ad. journments make the people to travaile in vaine as to Goale deliveries Assizes Enquests or otherwise and all those Subjects who beare Armes against the King or run away from his lawfull Army or Battaile And those Ministers who unlawfully stop or counsell the people that they goe not into War with the King or that they are not bound to goe where they have reasonable summons and that the people be not made Knights but according to the Statutes of the Realme Into Perjury against the King fall all those the Kings Subjects who hold Plea of Withernam and have not returne of Writs or hold Pleas of Distresses or of any other thing which belongeth to the Kings Jurisdiction only without the Kings speciall Commission or hold Plea in case of life of imprisonment of blood-shed of false Judgements or of any thing disavowable of right without the Kings Writ or Commission And all those the Kings Ministers who maintaine false Actions false Appeales or false defences Into Perjury against the King fall those Ministers who deny to Plaintiffes originall Writs possessory Attaints or of Formedon or otherwise doe delay their Rights and those who wrongfully doe delay or disturbe right Judgements and those who wrongfully favour wrongfull Judgements and all those who use their Priviledges or Liberties wrongfully or too largely contrary to their knowledge Into Perjury against the King fall those Ministers who receive Fines to other uses then to the Kings use for Treasure trove for Wrerk Waife Estray Alliens for blood-shed or impriâ—onment Withernam Reddissesin or Dissesin or forsweare themselves to resist that a lawfull Judgement have not execution for Usury perpresture upon the King or for any other thing whereof the Counsance doth belong to the King And those Receivers who pay not the Kings debts as they ought to doe and are enjoyned or render to him part for satisfaction of the whole and doe not pay the King the rest Into Perjury against the King fall those who Charge the King wrongfully And those who spend the Kings Quarries Timber or other things otherwise then in the Kings Service without sufficient warrant Into Perjury against the King fall Escheators who make wast of the Kings Wards or in his Fees or unlawfully take Venison Fish or other goods and by their authority seise the goods of the dead and for gaine release them or endow Widowes to the Kings losse or make hurtfull extents for the King acompting for lesse then the very value to the King Ot willingly suffer possessions to remaine in Mortmaine which ought to be seized into the Kings hands and whereof the King ought to have the profit or which receive more of their Bailiwickes then they answer to the King ot who wittingly suffer Feoffements of Lands or of Advowsons of Churches prejudiciall to the King or who suffer them to alien Wards or Marriages to the Kings prejudice or suffer the ages of infants to be proved in damage or to the
Ex officio to compell them to salvation the King used every seaven yeares to goe through all Shires in his Realme to make enquiry according as before is said further in aide of such Eyres were Coroners Sheriffes Turnes Viewes of Franck-pledges and other Enquests to enquire of those offenders as is said But because some are wrongfully slandered King Henry the 1. Ordained that none should be arrested nor imprisoned for slander of mortall offence before he were thereof endicted by the Oathes of honest men before those who had Authority to take such Indictments and then they were first to be seised upon by their bodies and goods as in Appeales and to be kept in prison till they cleared them of the infamy before the King or his Justices Of the Crime of Majesty in no kind was any Indictment but of Heresie or Romery whereof if any were indicted and brought to Judgement let there be an indictment for the King by some of his people in this manner according to that which is found in the Roles of ancient Kings I say Sebourge there is defamed by good people of the sinne of Heresie because that he of evill Art and beliefe forbidden and by Charmes and Enchantments he tooke from Brighten by name c. the flower of his Alc whereby he lost the sale thereof so that Judgement be not given of lesse then three persons or thus Molling who is there defamed by good people that such a day he denied his Baptisme and caused himselfe to be circumcised and became a Iew or a Saracen or offered or sacrificed to Mahomet in contempt of God to the Damnation of his Soule and this offence he did feloniously c. and so in every like Case for the King and if he will deny it I am ready to prove it upon him for the King as to the King it belongeth to doe that is to say according as an Infant within age Of falsifying thus I say for the King that Mimunde there is defamed c. for that he such a day c. falsifyed the Kings Seale or his Money in such a kind or such c. Of Trespasses Indictments now cease of Burnings thus I say c. that Seabright there is defamed c. for that at such a day c. he set a fire such a house or goods c. Of Murder thus I say c. that such a one with such a weapon struck Agole in such a part of his body by which stroke he is killed c. The degrees of Accessories are to be shewed after the Principalls according to their right Of Larcine in this manner I say that Cutbert there c. robbed such a man knowne or unknowne of his Horse or of other kind of goods c. or feloniously stole or was consenting to the offence of such Theeves knowne or of unknowne Theeves by taking of Theef-hoot which is a recept of Larcine which he wittingly took to suffer such a one to passe or to stop Suit or wrongfully to procure his pardon CHAP. II. Sect. 23. Of Offences personall at the Kings Suit A Personall offence is divived into two branches whereof the one extendeth to Persons and the other to Goods The Veniall offence which extends to Persons is divideable into great offences and small offences and although the King have Counsans of all offences yet he reserveth only the ordering of all grosse offences to himself and the Counsance of the lesser he leaves to all those men who have Courts within their Demesnes and upon this division of offences hath the King established the Peace so as such Lords Bayliffs have the ordering of the Peace for smal offences The Veniall offences Personall are these Perjury when one telleth a lye against the King and Perjury of his Officers The mortall offences not declared feloniously as Imprisonment Mayheim Wounding Battery are to be shewed without Appeales Allienation of old treasure sound Diffesin Reddisseisin and many others the declarations of Personall offences venialls infamatories are to be declared at the Kings Suit in this manner I say for our Lord the King that Y there is Perjured and lyed against the King that whereas the said I was the Kings Chancellour and was sworne that he should not sell not deny right not remediall Writ to any Plaintiffe the said Y such a day c. and sold to such a one a Writ of Attaint or other remediall Writ and would not grant it him for lesse then halfe a marke c. Or thus whereas he was one of his Iudges assigned and was sworne to doe Iustice c. he in this manner in such a Court gave Iudgement or awarded against such a Party or released such a Party or usurped such Iurisdiction upon the King or made himselfe Iudge Coroner or Sheriffe Bayliffe or other Minister of the Kings without Warrant or thus whereas he was Channcellor of the Exchequer c. he forbad to give an Acquittance of so much as such a one had paid of the Kings debt under the Exchequer Seale or delayed to give an Acquittance from such a day till such a day and would not give an Acquittance unlesse he bought it for so much or thus for that he holdeth Plea against the Kings forbiding or in prejudice of the King and his Crowne and the rather seeing it belongeth not to any Ecclesiasticall Judge to hold secular Pleas but only of Testamentary and of Matrimony or thus he disturbed the giving of Judgement or surceased so to do justice by negligence or by his consent In this manner are the Presentments to be made at the Kings Suit of Personall wrongs of all his Ministers great and small and also against all others not his Ministers of all wrongs done to the King by those who have sworne fealty to him CHAP. II. SECT 24. Of Veniall Trespasses and Personall Suits TO those who have cause of Action and will not pursue revenge according to their rights by Actions of Trespasse to recover damages for the Trespasses neverthelesse ye are to distinguish where the Trespasse is done to the person of a man and where to his goods And if to a mans person every one may have an Action to whom the Trespasse is done except those who can maintaine no Action without their Guardians And if to the goods then ye are to distinguish whether to his proper goods or to the goods which he hath with others in common And if to the proper goods then to distinguish if proper to a man or belonging to another thing as to the Crowne or to any Church If to a man then to distinguish if to a man free of himselfe or to a man who is in ward And if to a man free of himselfe he hath severall Actions and if proper to any other in ward the Action belongeth to the Guardian If to a man in ward the Action belongeth to the Guardian or to the next of Kin Parent Affine or Alley of his name to the use of
your Possessions which are not of my Fee in whose hands soever they come to a distresse When and what things a man may distreyne A man may distreyne Cattell or other things so soone as he findes them damage feasant and not the day after and after the time of paiment and not before and not every day And in the night a man may not distreyne but only in the day time but for damage feasant for before Sun rising or after Sun set no man may distreyne but for damage feasant where a man may distreyn in places or Lands within the Fee lyable to distresse and not elsewhere Of what goods a Distresse may be Of all goods which the Law forbideth not the Law forbids that a man shall not distreyne within the view where he may have a sufficient distresse in an open Covenable place A Covenable dead distresse is not by Armour or Vessels by Robes or Jewels by Writings if there be found another distresse sufficient in it selfe A Covenable live distresse is not to be of Sheepe which are guelt Muttons of Doggs Birds Fishes or by Savage Beasts when there is a sufficient distresse found of other Cattell A distresse is to be carried lead or driven away at the will of the distreyner and in case any distreyner finde not any distresse but within some inclosure in such case he can doe nothing but to shut up the goods inclosed and so sequester them without doing any other violence and if a man breake up such Pound or the locks of it or part of it he greatly offendeth against the Peace and doth Trespasse to the King and to the Lord of the Fee and to the Sheriffes and Hundredours in breach of the Peace and to the Party and to the delaying of Justice and therefore Hue and Cry is to be levied against them as against those who breake the Peace A dead distresse found in a Covenable place nor a live distresse is not to be led or driven out of the Mannour or out of the Hundred or out of the County not to be put in any pound or elsewhere wherehe to whom the goods are belonging cannot have sight of them but is to be put into such a place where the distresse and he who is the owner may be least endamaged There are two kinds of leading of distresses 1 One when a man leades away a live distresse against sufficient Gages Pledges 2 Another when one will not suffer himselfe to be distreyned lawfully and the one and the other are Personall Trespasses against the Peace And then if any be wrongfully distreyned ye are to distinguish whether it be by those who have power to distreyne or by others And if by others then lyeth an Appeale of Robbery whereof Haâ—lif gave a notable Judgement and if by those who may distreyue then they ought to deliver the distresse by Gages and Pledges And if the distreyner and the Plaintiffe of the distresse lead it away then the Counsans thereof doth belong to the Kings Court and so there is remedy by a Writ of Replegiary Neverthelesse for the releasing of such distresses and for the hastening of the right Randalf de Glanvile ordained That Sheriffes and Hundredours should take Sureties to pursue the Plaints and should deliver the distresses and should heare and determine the Plaints of tortious distresses saving to the King the Suit as to the leading c. Two thing fall in these Plaints Plaints of taking and of detaining whereof there are fouredegrees 1 Where the taking is justifiable for lawfull and the detaining also as for a debt due or debt recovered 2 Where both are wrongfull as such as are disavowable both in the taking and detaining 3 Where the taking is lawfull as in damage feasant and the detaining tortious as against sufficient Gages and Pledges tendered 4 Where the taking is tortious as in a pound and the detaining lawfull as for a Debt confessed and of no more have the ordinary Judges Counsans but in case where the Plea begins by Writ Counsans ought to be made of the taking of the dedaining lyeth remedy by an Assize of Novel Disseisin The taking and the detaining are sometimes by Parties knowne and sometimes by Parties unknowne but although the Persons are knowne neverthelesse the names of the detainors ought to be known and according to that the Avowant or the Plaintiffe or of his Bayliffe if he be not present ought to frame his Declaration and the Plaint joyntly against the Persons and against the detainers or severally against one of them and if against them both then thus A wrongfully tooke and caused to be taken by such a one knowne or unknowne c and drove and carried away c. and wrongfully doth detaine from him c. against Gages and Pledges and is yet seised thereof or thus wrongfully detained from such a day till such a day that he delivered the same to the Kings Bayliffe to his damage c. for these words and yet is thereof seised leaves it to them that they cannot have sight of the distresse and to those who detaine the distresse by Avowrie of property CHAP. II. SECT 27. Of Contracts AContract is a speech betwixt Parties that a thing which is not done be done of which there are many kinds whereof some are perpetuall as those of Matrimony others are temporary as of Baylements and Leases and one kind is mixt as of Exchanges which sometimes are for a time and sometimes for ever and one speciall kinde is an Obligation And because the Law doth not entermedle with every Contract we are to see who may Contract and of what things Contracts may be every one may make Contracts with all persons who is not forbidden by Law The Law forbideth that none Contract with the enemies of the King of Heaven nor with the enemies of their earthly King not with any mortall offenders not with those who are not of the Christian Faith not with Out-lawes nor Waives nor with those who are knowne Felons not Excommunicated nor with any who are in Ward if not to the profit of those who are in Ward nor with Deafe nor Idiors nor Mad-men nor Appealees nor Persons endicted of Crime Of what thing a Contract may be made Of all things not forbidden by Law The Law forbiddeth that a man doe not make a Contract of the right of another although he offend not the Law forbids Contracts of Usury Disseisin hurting of the body dis-h heriting and of other offences or vices Contracts are forbidden which are to the damage of the Party gayning by vice by forbidding mixture of offence Contracts are vicious 1 Sometimes by intermixture of offence 2 Sometimes by intermixture of ill beleese 3 Sometimes when they are made against that which is absolutely forbidden 4 And sometimes by false supposition In the first Case as if I Contract with you that if I doe not such a thing or such a thing that it shall be lawfull for you or
Summonable none is to be summoned for a personall offence not any one who is not a Free-holder 3 A man is not summonable in all places for no man is summonable nor bounden to receive Summons out of the Fee of the Party who causeth the Summons nor elsewhere but in the Mannour appendant to such a Court where he ought to Answer nor in all places of the Mannour but only at the Tenement in demand 4 How farre one is summonable not out of the Fee of the Court where one is to answer 5 At whose charges at the charges of those who are the first causers of the Summons except in Juries and Enquests taken ex officio for no Free-man is compelable to travell and appeare in Judgements at his owne charges notwithstanding that the Law requireth that every Tenant obey the Summons of his Lord. 6 How often one is summonable but once in one cause neverthelesse re-summoned holdeth place in some case 7 Who may and ought to be Summonors no man is compellable to be a Summonor if he will not agree to it neverthelesse all those may be Summonors who will that are not forbidden by the Law Women not Villaines nor infants nor any infamous Person not any one who is not a Free holder cannot be a Summoner 8 It is a reasonable Summons when it is testified by two loyall free Witnesses Neighbours to the Person or to the House or Tenement contained in the Writ with warning given of the day place party Judge of the Cause and a reasonable respite at least of fifteen daies to provide his Answer and to appeare in Judgement In Juries neverthelesse nor Enquests there need not be so full time or respite given CHAP. II. SECT 30. Of Essoignes ESsoigne is an excuse of a default by any hinderance in comming to the Court and lyeth as well for the Plaintiffe as for the Defendant The Law of every Essoigne is That the cause of the hinderance be enrolled with the name of the Essoigner so that if the diverse Party or his Atturney or Essoignor will traverse the Cause he is to be received so to doe that if he be found false then that the Essoigne be turned to a default All those may be Essoigned who are not forbidden by Law uo Defendant in personall Actions not any after default can be Essoigned not any present in Court nor doth Essoigne lye in a Scire facias nor in a Venire facias nor in a Recordari facias toquelam nor in Admeasurement of Pasture nor after the Parties have joyned issue in Judgement though the Jury appeare not nor in case where the Plaintiffe hath not found Surety to pursue his Action nor where one hath Atturney in Court if both be not Essoigned nor where the Summons is not testified nor after an Essoigne not warranted nor to him who was not named in the Writ or in the Plaint except in Warranties nor any one who is re-summoned in Mort-dauncester and Darrein presentment nor when the day is not come nor where the Essoigner commeth too late nor any one whose adversary is dead or any of his Parceners nor he who is adjourned from day to day nor the Kings Officer as Officer nor he to whom it is commanded that he appeare if he please No Essoigne is justifiable if it be not orderly cast nor is it allowed to Infants within age nor to any who is in custody nor to many having one right if the Cause be not divers All may be Essoigners who the Law forbiddeth not it is forbidden to Women to Infants to Villaires and to all who are in Custody to Mad-men to Idiots to Excommunicated Persons to the Judges and uo the Parties in the Cause Essoigners at other times not warranted 〈◊〉 â—â—ainted of false delayes to criminall Persons and to those who are not of the Christian Faith or in the Kings Alleagiance it is forbidden that they be Essoigners There are chiefly two kinds of Essoignes the one of the Kings service the other of hinderance The first is dividable either into the service of the King of Heaven or of the King on Earth of the King of Heaven in three manners 1 Either for the generall passage of all to the Land of c. and this Essoigne is not otherwise adjournable but that the Parties goe without day and are to appeare againe by Re-summons of the Plaintiffes at the returne of the Defendant This Essoigne is not allowable to Plaintiffes nor to the Defendant reasonably Summoned before his going from his house in a personall action nor in other but in a Plea which toucheth Inheritance nor but in a Writ of Right Patent but not of Dower nor of Burgage The other Essoigne of the service of the King of Heaven is of a common Pilgrimage beyond Sea towards the Holy Land and this lasts for a yeare this holds not buâ— according as the other The third of a Pilgrimage beyond Sea as to Rome or to Saint James De compostella and takes place for halfe a yeare and these Essoignees are to appeare the next Courts following the Termes adjourned After Re-summons holdeth place the common Essoigne De mal venier and also after the terme of Adjournment but this common Essoigne never holds place before the Essoignes before said The Essoigne of the King on Earths service is in two manners 1 The one is of those who serve as Souldiers as Messengers or as Ministers and this Essoigne is not respited but from Court to Court or the common day to the example of a common Essoigne if it be not warranted at the next Court by the Kings Writ it is to be turned to a default 2 The other is of those who serve the King by Tenure of their Land for the defence of the Realme and he hath no day But the Plaintiffe is with out day and the Plea is to be re-continued in the same Estate when his Adversary shall be returned These latter Essoignes are allowable in Pleas summonable to Plaintiffes and Defendants except in Dower Vnde nihil habet Quare impedat Darrein presentment nor to Women nor to Infants nor to Idiots nor to Deaf nor to Dumbe nor Mad-men nor to any in custody nor to any who is not free of himself nor to any Atturney as Atturney nor where the Essoigner acknowledgeth the Cause in Judgement to be false nor after any Cape nor after distresse in the Land After the Essoignes of the Kings service lyeth an Essoigne of Malo veniendi but not è conâ—â—a The Essoigne of disturbance or hinderance is dividable either of sicknesse or of some other hinderance as of those who comming towards the Court are taken by the Kings enemies and so hindered or by Waters Bridges or enemies discovered or by Tempests or other reasonable disturbance so that they have not power to appeare at the day The Essoigne of hinderance and sicknesse is divideable either of languishing which is called De malo lecti and that holdeth place
for a yeare or of sicknesse in the Journey and that holds not but to the example of a common Essoigne in these Essoignes of hinderance are Essoignes De malo veniendi This Essoigne lyeth after every Summons and generall Râ—-summons upon Pleas except to Jurours and those who are summoned for the common-wealth But of Adjournments it is to distinguish for in the Eyre of Justices the Adjournement is for three daies or foure at the most or lesse according as the places are â—eare or containe and to this Essoigne is respited fifteen daies at the least The Essoigne of sicknesse in passage lyeth before the Essoigne De malo lecti and also after the yeare of the languishing and it lyeth before appearance and after appearance except in foure Assizes and where it lyeth in Actions it holdeth in Warranties This common Essoigne is not allowable in the cases aforesaid but once after the Parties have joyned issue not after the Parties have agreed to appeare without Essoigne nor where a Bishop is commanded that he have or cause such a Person to appeare nor there where many claime by one right or are Tenants of the same right nor to a man and his Wife not to all the paeceners but if a man dyeth without Heire after the Writ purchased and brought the Writ is thereby abateable because at the day of the date the Plaintiffe had no Action against the other parceners which are alive as to that of the Party This common Essoigne lyeth as well for Infants where they are impleaded of their Lands as for men of full age And as the same is allowed to the Tenant so is it warranted where no sicknesse is adjudged this Essoigne is allowable from day to day according to the common Adjournments in Writs of right till the sicknesse be Judged if the Tenant rise not before from his sicknesse neverthelesse none can doe it in such a case if not with the Plaintiffes leave or by the command of the King if the Plaintiffe will not give him leave This Essoigne holdeth in the Writ of Droit Potent sent to the Lord of the Mannour and in a Writ of Droit close of Lands holden of the Kings in Capite and in the Writ of Customes and Services after that the deforceor hath pleaded and said that the Batraile or the Grand Assize may be joyned The Essoigne De malo Lecti is in Court for two yeares when the sicknesse turnes to weaknesse this Essoinge lyeth not for the Plaintiffe and after the sicknesse adjudged it is adjournable by a yeare of respite to the Court of London Weakenesse lyeth not in any Writ of right after appearance but where Battaile may be joyned or the Grand Assize This Essoigne De malo Lecti was never allowable to any Atturney nor to any but those who had a Warrant before the common Essoigne cast by the Tenant nor to any after the weakenesse adjudged nor without â—â—sing nor in Justiâ—â—es nor in the Writs De quo jure nor De rationabilibus divisis nor Quo warranto nor Customes and Services before that the Court be certified that Battaile might be joyned or the grand Assize This Essoigne of De malo veniendi is called De malo villa and this lyeth in case where one appeareth the first day in Judgement and is suddenly taken with sicknesse in the Town that he cannot the next day appeare in Court This Essoigne may be cast the second day by one the third day by another and the fourth day by a third in which case the Judge ought to receive the Atturnies of those who are sicke but this Essoigne lyeth not but there where the Essoigne De molo lecti lyeth CHAP. II. SECT 31. Of Atturnies BEfore a Plea put into Court by Essoignes by Attachment or by appearance of the Parties none is to be received by Atturney no more then a Plea is removeable out of Court into a higher Court where the Plaint or the Writ is not brought nor any is to be received by Atturney in a Plea which was nor in a Plea which shall be but onely in a Plea which is Pendant in the County Court or else-where or is brought by the Kings Writ and this Plea be afterwards removed into a higher Court. By this removing the Atturney is not removed for no Atturney is removeable unlesse he whose Atturney is come into the Court in proper person and remove him if not in case where one hath generall Atturnies for generall Atturnies may appoint speciall and remove them nor any can receive Atturnies after the Plea brought but the King or other warranted by a speciall Writ if not in the presence of the parties All may be Atturnies which the Law will permit Women may not be Atturnies nor Infants nor Villaines nor any who are in Custody or any other who is not free of himselfe nor any who is criminous nor any who are not sworne to the King nor any in any personall Action nor in an Accompt nor in Nativo habendo Plaintiffes notwithstanding they have Atturnies in personall Actions are not to appeare not answer in Judgement by no Atturney but he disseiseth his Clyent when he doth it The Contents of the Third Chapter OF Exceptions What is Exception and the division and order of excepting Exceptions Dillatories Of Exception of Clergy Exception of Bigamy Exception of the power of the Judge Exception of time Exception of place Exception to the person of the Plaintiffe Exception of Prison and of Ward Exception of Summons Exception of vicious Counts Exception of Approvers Excedtion to Indictments Pleas to Treason Pleas to Bâ—â—ning Pleas to Murder To Larcine To Burglary Of Rape Of imprisonment Of Mayhem and â—ounding Juramentum Duelli The order of Battaile Exception of Personall Trespasse Of Purprestures Of Treasontrove Of Wrecks Of Vsury Of Driving Of Obligation Of Attaint Of Oathes Homage Fealty annexed to Homage Common Oathes Of finall Accords CHAP. III. CHAP. III. Sect. 1. Of Exceptions IT behoveth the Defendant to Answer the Plaintiffes Declaration and because the people commonly know not all the Exceptions in Pleadings Countors are necessary who know how to advance and defend their Clyents Causes according to the rules of Law and the Costoms of the Realm and the more needfull are they to defend them in Indictments and Appeales of Felony then in personall or veniall Causes and the better to helpe our memory which every day inclineth to forgetsulnesse it is necessary to shew what is an Exception and the division of it and the order of Excepting or Pleading for some account them guilty who Plead not or Plead ill or not sufficiently for example If any one Vouch one to warranty and Judgement passe if he tell not the yeare or before what Judges the Judgement passed it is as if he had said nothing and so of other Cases and although a Plea be requisire neverthelesse every one is not received to plead for some are admitted to Plead without Tutors
a word fillable or clause as it is of abatable Writs Or because the King dyed before the Writ was brought or because the Writ is false in in the day of the date or because the Commission requireth the association of one who is not present Or because the Writ was never sealed or because the fact was not done within his Jurisdiction or in a place not there determinable or because the Iudge hath not power or Counsance either of the quality or the quantity of the thing CHAP. III. SECT 7. Exception to the Person of the Judge ALthough the Writ be good and the Power be sufficient yet there holds Dillatory Exceptions to the Person of the Iudge as it is said of such Persons who cannot be Iudges CHAP. III. SECT 8. Exception to the time OTher Dillotories there are of time of place of houres of manners c. And note there are three manner of times exempted from Pleas in which no Patries fit in Courts and give Iudgements whereof two are by Law and the other at the Will of the King One time containeth two Moneths viz. August and September which are assigned to gather 〈◊〉 the fruits of Corne c. The other times containeth the Feasts and the Sundaies which are appointed Feastivalls for the honouring of God and the Saints which Feasts are these 1 The day of the birth of Christ of St. Stephen of St. Silvester and the Epiphany and the Purification of our Lady Easter weeke of the Rogations which containe three daies of the Assention of Pentecost of the Nativity of St. John the Baptist of the twelve Apostles of St Lawrence and of the Assumption of the Mother of God and her Nativity of St. Michael and of all Saints and of St. Martin with all such Feasts which all Bishops hold Feastivalls in their Bishopricks for that they are Canonized besides these the dales of Reliques of the Anunciation of the Mother of God and of her Conception and of the invention of the Crosse And note that whereas God Commanded to keepe holy the Sabbath day it was Ordained after the Resurrection that we keepe holy the Sabbath Daies The third time is forbidden by the Kings Proclamation of Houres may arise Dillatories for after the houre of Noone or in the Night no Plea is to be holden CHAP. III. SECT 9. Exception of the place OF the manner arise Dillatorie for in Riding nor in Walking nor in Tavernes nor else where but in knowne places for a Consistory can any Court be holden CHAP. III. SECT 10. Exception to the Person of the Plaintiffe OTher Exceptions Dillatories arise from the Persons of some Plaintiffes as it is of those Persons who are rebukeable of accusations Other Exceptions Dillatories rise from the Persons of the Pleaders or of the Atturnies or of the Essoigners for none can doe that by his Atturney which himselfe cannor doe nor can any be an Essoigner Atturney or Pleader who may not be a Plaintiffe CHAP. III. SECT 11. Exception of Person and of his Custody OR he may take Exception against his owne Person and say that he is not within the Kings Power or if he be imprisoned for a greater offence or Appealed or Indicted of Crime or of a higher Crime Or he may say that he is not bound to Answer thereunto for as much as he is not brought to Judgement by a right course which willeth that no man may be attached by his body when he is distreyneable by his Lands or other goods if not for a personall offence Or he may say that he is not tyed to Answer to any Action which toucheth losse of life or member or right of property untill he be of the full age of one and twenty yeares or more and there are other Dillatories of the Persons of the Answerers which â—ppearebefore CHAP. III. SECT 12. Exception of Summons IN Pleas of Summons he may say he ought not to Answer because the Plaintiffe holdeth no Suit of Distresse nor hath any other manner of proofe present Or because the Plaintiffe hath not found Sureties to pursue his Plaint or because he was not summoned or not reasonably summoned or that he received the Summons by no Free-man or but by one Freeman Or because he was summoned too late or because he was never summoned what thing to answer to or because he was not summnoned against the Plaintiffe CHAP. III. SECT 13. Exceptions of vicious Couâ—â—â— AS Writs which are vicious are abaâ—â—able so also are vicious Appeales as if the Appeales be not brought within the yeare after the Felony done or not before the Coroner or not in the County where the offence was done or not in a right place or for variance or for Omission or Interuption or because the Plaintiffe is batred against others in the same Appeale Sometimes it happeneth that the thing which is robbed or stolne is found in the possession of a true man against whom the Owner of the property or of the possession frameth his Appeale as he who is a Robber of another in which case there is a difference for if it be found that such a thing was given sold or delivered to him without Coliusion in such case the possessor is acquitted or at least Bayleable untill the next comming of the Iustices and when the Iustices come the first possessor thereof is to be Arraigned and he may shew how it came to him neverthelesse if he would vouch one to warrant it he cannot nor deny the Title of his possession but in the name of Voucher he may say that it came to him by lawfull Title as that he bought it in such a Market or in such a place without mentioning of whom and the Sheriffe is thereupon to cause a Jury to be impannelled and if the Answer be found true then he is acquitted and if not then to be condemned as before as if the Plaintiffe had proved the felony And if any one appeare and justifie the thing to be his he is not to be received as a Party but the Cause is first to be tryed betwixt the two first afterwards he may make the estranger a Party if he will and if the case be that the buying was within a place within a Franchise and the Sheriffe returne that he cannot execute the Writ by reason of the Franchise of such a man or of such a place in such case the Sheriffe is to be Commanded that he forbeare not by reason of the Franchise but that he enter and execute the Writ And if the Possessor saith That he came to the thing from a man certaine and he be present and will maintaine the same without Collusion he is to be admitted thereunto and the other is to be discharged and if he deny the Contract this affirmative and this negative are tryable by Battaile or Jury neverthelesse at the Kings Suit the possessor ought make title to the Possession or cleare himselfe thereof for two things are necessary Conscience for us and
adjudge men to be put out of their Possessions and one may be rightfully and without Iudgement as in the cases aforesaid and further rightfully and by Iudgement and thereof rise Exceptions and so not without Iudgement and yet by Iudgement and that may be either by the Iudgement of Iudges Commissaries or Iudges Ordinaries as were the Suitors Againe Writs may be vicious by misprision of the names of the Townes as if a Hamlet be named for a Towne or if the Towne be not right named or if the Towne be not distinguished where there are two Towne of like name in the same County And from these words after the Term may arise Exceptions as if not the Term yet he might have distreyned for or the Arrerages of his Penson or speciall Obligation exceptthat he had any wrong Or because another Writ for the same Action is yet depending betwixt the same Parties or he may say that he wrongfully complaines whereas at his one Plaint he lost the same Tenement by a lawfull Iudgement against him Or that he hath released or quit-claimed all his Right or to the same purpose or otherwise rattified his estate or because at another time he withdrew his Action before such Iudges Eor the helping of the peoples memories are Escripts Charters and Minuments very necessary to testifie the Conditions the points of Contracts for by the Stature of Lenfred who ordained that one might deny Contracts by waging of his Law and that Plaintiffes prove their Writings otherwise their Charters which are not denied not to be shewed by Iurours in England for Forraigne Contracts or of places Enfran chised or elsewhere where the Kings Writs run not by Coppies or Collation of the Seales of others or by Iurours or by Battaile according to the Plaintiffes Action To give matter and way to Exceptions in the aide of those who are to Answer one is to know the end and limitation of Actions and of Pleas so that the Pleas may have an end and therefore Prescriptions were ordained whereof Thurmond Ordained That Criminall Actions for revenge should cease at the yeares end if they were not brought before and the same time he appointed in all Actions for Wrecks Estraies Waife and of things lost in Personall Actions Venialls be appointed the Terme after the last Eyre in those parts in reall Actions and Mixt he appointed forty yeares neverthelesse as to the King in the right of his Crowne and to a Francke estare Nullum tempus occurrit◠To an Action of Accompt he may say that he never was his Receiver not Administrator of his goods nor of his monies whereby he was bound to render him any Accompt and that he received them of him under the title of Buying whereof he gave him a writing to surrender at a certain time Or thus notwithstanding he was his Receiver or Administrator in a Franchise or elsewhere out of the Realme or in a Priviledged place whereby he is not bounden to give him an Accompt within the Realme nor where the Kings Writ runneth or in guildable or è contra Or he may say that the Writ is vicious by false supposition and falsly supposeth the Defendant to be a Fugitive and besides not a Free-holder within his Bayllwick to whom the Writ is sent Or he is not bound to yeeld him any Accompt for that he was never Receiver of his owne hand or of his daily Receipt he gave him a daily Accompt or that he disbursed nothing nor bought any thing but in the Plaintiffes sight or of some of his Or for that the Plaintiffe by Tallie and other Roles hath discharged him of so much in value as the Defendant was to give an Accompt for Or because he hath made him an Acquittance thereof or because he was never Guardian of his Inheritance as his Guardian but was Guardian during the time of the thing for his owne proper use or it belongeth to him that is Guardian of the Lands in the right of his Fee whether it be Socage or other To the Action of Villinage he may say That he is a Free-man and that he hath proved the same at another time by a Writ of Libertate probanda that he is quit from any Challenge by the Plaintiffe for ever if he have no reasonable Counter-plea against it And as to the seisin of Villaine Services he may say That he did those Services wrongfully by Extortion and duresse of him and his Baylisses or for the service of Villinage and Villaine Land which he held of him and not by service of blood and there are two other things the one that if the Defendant can shew a free Stocke of his Ancestours either in the conception or in the birth the Defendant hath alwaies been accounted for a Freeman although his Father Mother Brother and Cousens and all his Parentage acknowledge themselves to be the Plaintiffes Villaines and doe restifie the Defendant to be a Villaine The other thing to be noted is That no more then the long Tenure of Copy-hold Land maketh a Free-man a Villaine the long Tenures of Free-hold maketh a Villaine a Free-man for freedome is never lost by prescription of time There are many manner of prooffs by the same Pleas sometimes by Rewards sometimes by Battaile sometimes by Witnesses sometimes by the Consessions of the Adverse parties 1 By Record as in case where the parties doe agree together upon some enrolement or to the Iudgement of some Iudge Ordinary or Assigned 2 By Battaile for upon warrant of the Combate which the Iudges tooke betwixt David for the people of Israel of the one party and Goliah for the Philistims on the other party is the usage of Battaile allowable by the Law in England so that the proofe of Felony and other cases is done by combate of two according to the diversities of the Actions for as there is a personall Action and a reall so there is a personall Combate and a reall personall in personall Actions reall in realls and these Combates are differing in this that in a Personall Combate for Felony none can combate for another neverthelesse in Actions Personalls Venials it is lawfull for the Plaintiffes to make their Battailes by their bodies or by loyall Witnesses as in the right of reall Combates because that none can be Witnesse for himselfe and no man is bound to discover his reall right and although they make these Combates for the Plaintiffes by Witnesses the Defendants neverthelesse may defend their owne right by their owne bodies or by the bodies of their Free-men and further they differ for as much as in Appeales none can Combate for another but it is otherwise in reall Actions for if that one of the Parties be hurt so as he cannot Combate his eldest Son may wage the Battaile for him The Battaile of two men sufficeth to declare the truth so that the Victory is holden for truth Combates are made in many other Cases then in Felonies for if a man hath done
was in these words I will beare faith to such a King of life and member and Terren honour against all those that from this day forward shall c. So God me helpe and his holy Evangelist CHAP. III. SECT 36. Homage HOmage is done in these words I become your man for such Land so that the whose quantity be shewed and certainty specified whereby the Lord well knoweth both how he may warrant his Tenant and for how much he bindeth his Land to warranti and that the Tenant know for how much he is his Tenant Cap. 3 Sect. 37. Fealty annexed to Homage THe Oath of Fealty annexed to Hem â—iage is in these words I shall beare Fealty to him by name of life and Member c. for so much as I shall be his Tenant against all c. saving the Oath of Fealty which I have made to such a King c And if I sweare Fealty to another then to the King then thus saving the Faith which I â—wore to the King and to my other Lords And if the Homage be done to the King or to another to whom the Tenant hath before sworne Fealty in these Cases Hee needeth not sweare Fealty againe if the Alliance in no case hath bin broken Chap. 3 Sect. 38. common Oathes COmmon Oathes are in these words I will speake truth in what you aske of mee in such a Case So God mee helpe c. The Oathes in Assises are in these words I will speake the truth of the Land of which I have had the view by Authority of this Assise or of the Land of which this Action of Reddisseision is arraigned or of the Pasture or Feeor of the Nusance or of the Walt or of the Ditch or of the Peel or of the Water or of the Church or of the Rent or of the service and nothing shall hinder me that I shall not speak the truth c. Of Life and Member and Terren Hanour he will doe so much that he will never assent that the King or his other Lord have damage of his life or any of his Members nor will assent that his honour shall be overthrowne in power not fame Cap. 3. Sect. 39. Of sinall Accorà s NO Law forbiddeth Pleas nor Accords wherefore it is lawfull for overy one to agree with his adversarie and to relcase and quit claime his Right and his Action Neverthelesse after one bath once affirmed and brought his person all Action whereby scandall ariseth none can agree it without the leave of the Iudge so as he may withdraw it For every Plaintife in Actions of Scandall who attainteth not his Adversarie according to that as hee bath brought his plaint is adjudged scandalous as his adversarie should be if he were attainted Neverthelesse in favour to save a man from death who is not attainted of mortall Offences it is suffered that the Adverse parties doe agree After Battaile waged one of the parties neverthelesse remaineth infamous None can accord or agree who is 〈◊〉 of the Age of 21. yeares nor any who is in custody nor any by Attorney In custody are villanies married women men professed in Religion Infants within the age of 14 years heirs Idiots heirs deafe and dumbe heirs deseased and those who are in prison and under Bayle and women who are in the custody of the Lords who have the marriage of them CHAP. IIII. The Contents OF Iudgment Odinance of Iudgment Of Iurisdiction Of Paul s punishable Of Defaults Of Personall Actions Of Defaults in reall Actions Of Actions mixt Of Pledge and Maynpernors Of Defaults after sommons Of Champions Of Paynes Of Imfamies Of Majests Of Burning Of Murdur Of Paines in divers manners Of false Justices Of Perjury Of the Offices of Iuctices in Eyre Of the Articles in Eyre Of Prauchises Of Satisfaction of Debts Cases of Disseisin Of Amercoments Of Amercements taxable Of the Office rf Iustices in Eyre CHAP. IIII SECT 1. Of Iudgment THe flower and necessity of Law doth depend in righteous judgment without which the Law can have no effect nor any due end And therefore it is fitte speake of judgments which are not in all points here according to therigour in the old Testament and the usages used by Moses and the Prophets before the Incarnation of Christ but they are mittigated to the temper of mercy of the truth and of the justice which Christ himselve used upon the earth and commanded to be used in the new Testament and which the Apostles and their successours have used since the Incarnation of Christ and according to the judgements of the ancient usages in Pleas touching the Lawes of this Realine CHAP. IIII. SECT 2. The Ordinance of Judgement IUdgement commeth from jurisdiction which is the greatest dignity which belongeth to the King And there are two kindes of junisdiction Ordinary and Assigned Every one hath ordinary jurisdiction if offence take it not away from him for every one may judge his owne according to the righte rules of Law But this jurisdiction is now restrained by the power of Kings in as much as none hath power to held Plea of Trespasse or of Debt which passeth 40 s. but the King Nor anie hath power of Counsins of Fees without a Writ Neverthelesse it is lawfull for every one to f. oust the mortall offender for committing of their offences by good witnesses by warrant of ordinary jurisdiction whether the offenders bee Clerks or Lay people of age or within age and all others of what condition so ever they be and in those coses are those offences called notorious offences There are two kindes of notorious nototious in fait and notorious in right Notorious in fait is where no contradiction lyeth nor no oathes need to justisie them by reason of the witnesse of the people Notorious of Right is where the offenders are attainted of their offences by themselves or by the oathes of witnesses or otherwise in judgement This jurisdiction assigned iâ— that which the King assignes by his Commissions of his Writs for without a Writ he cannot by Law grant any jurisdiction if not in the presence and with the assent of the parties None can give jurisdiction but the King the reason is because he is not sufficient to beare without helpe the charge which belongeth to him to punish the Trespasses and to assoile the offenders which hee hath to governe And so our Ancestours appointed a Seale and a Chancellour to helpe the same to give Writs remediall to all Plaintiffes without delay That Writs used to be of this Assize They were without raysure without enterlyning without blots without usuall transposition and without every fault in the parchment and letters and written in English with a knowne hand by a Clerke of the Chancery and used to containe the name of the parties and the substance of the Plaintiffe and the name of the Judge and of the King or other Teste of the Writ which sometimes were directed to the Lord of the Fee sometimes
after default untill due satisfaction was made so as the defaults were more hurtfull to persons in contempt then profitable Some Actions are personalls and not mixt in the introduction as of Neistie of Acccompt of leading away distresses and some actions there are that although they savour of the personalty and realty yet they hold not the rules of those actions As of Recognitions of Assizes in which if the Tenants make defaults for that there is no distresse nor seisure of the Land or other thing in the Kings hands but the Recognitions are to be taken ex officio and the Judgements are to be pronounced according to the Verdict of the Jurours in respect of such defaults CHAP. IIII. SECT 6. Of Personall Action IN personall Actions venialls where the Defendants are not Freeholders the defendants used to be punished after this manner First Processe was to bee awarded to arrest their bodies and those who were not found were put in exigent in what Court so ever the Plea was and were at three Courts solemnly demanded and proclaimed and if they appeared not at the fourth Court then were they banished the Lords jurisdiction or the Bayliffes of the Court for a time or for ever according to the quantity of the Trelpasses CHAP. IIII. SECT 7. Defaults in reall Actions THe defaults in reall Actions are punishable in this manner At the first default the plaintife is there seized to the value of the demand into the hand of the Lord of the Court and the Tenants are sommonable to heare their Iudgments of defaults Or after appearance the seisure is to be adjudged to the Plaintifes to hould in the name of a distresse untill by lawfull judgment hee be ousted thereof And if any one appeare in Court first he is to plenise the thing in demand and presently to answer the default In which case hee may deny the Summons because hee was never Summoned or not reasonably Summoned and thereof he may wage his Lawyer against the Testimoney of the Summoners although they be present and if he wage his Lawyer he is presently to plead to the Action or to the plaintife CHAP. IIII. SECT 8. Of Actions Miâ—t THe defaults of mixt actions are punishable in this manner The defendants are distrainable by all their moveable Goods and Lands saving that they are not put out of that possession from Court to Court till they apeare and Answere and the issues come to the profits of the Lords of the Courts CHAP. IIII. SECT 9. Of Pledge and Mainpernor PLedges and Mainpernors are of one signification notwithstanding that they differ in names But Pledges are these who baile other things then the Body of Men as in Reall Actions and Mixt Mainpernors are in personall Actions only those wâ—â— bayle the Body of a Man safe Pledges are those who are sufficient to answere the demand or the value and are true men and Freeholders to whom the Plaintife is and in whose Court the Plea is brought and if any one bring the Body or his Fees by default he is sufficient punished though hee bee not amerced but then the Offendor is first amerceable when he is brought to judgement and cannot excuse his wrong or save his default And as none who commeth before Summons is amecreable so no Plaintife is amerceable or his pledges de prosequendo for Nonsuit where the Tenant appeareth according to the warrant of the Summons or other wise maketh satisfaction for the same As in Case where the King Commands the Sheriffe that hee command such a one to appeare or to doe and if he do not and the Plaintifes put in sureties to prosecute his suit then that he summon or attach the defendant c. In which case if the Sheriffe had not warned the Tenant to appeare or to do according to the points of the Warrant if he take surety of the Plaintife to prosecute hee doth him wrong But the Plaintifes and their pledges are to bee amerced when the defendants offer themselves in judgment against them and they make defaults by Nonsuit And also those Sheriffs do wrong who forbeare to execute the Kings Commands in as much as the Plaintifes have found sureties to prosecute their Plaints when no mention is made in the Writts to put in sureties CHAP. IIII. SECT 10. Defaults after summons AS there is a default of persons in the like manner there are of things As of services issuing out of Lands where the Lands are in service and wherenot If Rent Suit or other service bee behinde to the Lord of the Fee The Tenant is not distraineable for the same by his moveable goods but it behoveth to sommon the Tenants to save their defaults or to make satisfaction or to answere wherefore those services due out of their possessions are behinde to the Lords and if they appeare not at the Sommon by the a ward of the suitors their Lands are to be seised into the Lords hands til they justify themselves by pledges And if they be againe summoned to heare the Iudgments for their defaults Although they come not at the second Summon they are not to bee amerced in as much as they came they may render the Land or alledge a priviledge or say something why they ought not to obey the Summons And if the Lord have not a proper Court nor suitors or hath not power to do Iustice to his Tenants in manner as aforesaid Then the same may bee done in the County or Hundred or elce in the Kings Courts Or at first by a Writ of Customes and Services and other Remediall Writts And if any one hath not any thing to acquit himself the Lord is not to loose his Right although hee be delayed thereof but the Lord may seize his Land as before is said and the Tenant is to recover his damages where he can and it shall be accounted his follie to enter or remaine in another Fee without the consent of the Lord. And if any one oust him of his Land and of his Tenement enforceth another person to hould of him and maketh himselfe mesne betwixt the Lord and the Tenant in prejudice of the Lord in such a case the law is used to hould the course after said CAP. IIII. SECT 11. Of champion IF any one do or say to his Lord of whom he houldeth any thing which turneth to the hurt of his body or to his dissinherison or to his great dishonour First by the Award of his Court or of some other such a one is sommonable if he be his Tenant and afterwards if he make default he is destrainable by his Land by the Lord till he appeare and if hee appeare and cannot discharge himselfe by his wager of Law by 12. men more or lesse according to the Award of the Court hee is to bee disinherited of the Tenancie which hee houldeth of the Lord in such a manner by the Judgment of the Suitors and so it behoveth that the Tenants leave their Lands and
realls And if any one receive a Felon wittingly into his Franchise the same is now challengable CHAP. IV. SECT 17. Of satisfaction of Debt IF a Plaintiffe recover against many by Iudgement he shall have but once damages as in this case If many Persons owe one Debt and every one be bound in the whole if one of them make agrement for the same although he doe not make a speciall agreement for all the Debtors all of them neverthelesse are discharged because satisfaction hath respect to the Debt and not to the persons CHAP. IV. SECT 18. Cases of Disseisin IF the Iurours in Petit Assizes are agreed that one shall give their common Verdict for all and if they say that they know nothing nor that the Plaintiffe shall receive nothing because he proved not his Action and if they be of divers opinions they are not therefore to be threatned nor imprisoned but they are to be severed and diligently examined And if two Iurours be found to agree amongst all the rest it sufficeth for him for whom they speake and they are not to be examined upon the title of the possession but it is sufficient for the Iudge to know if the Plaintiffe were disseised of his Land whether it were rightfull or wrongfull according to the Plaint for though it were right neverthelesse it was tortious because the Tenant used force where he should have used Iudgement and for that he made himselfe a Iudge therein Iudgement is to be given for the Plaintiffe so as he shall recover seisin such as it is saving every right by another Writ for an Affize lyeth not upon Assize of the same Tenement betwixt the same parties not an Attaint upon an Attaint and if the Iurours for him whether they were sworn upon the Action or upon the Exceptions Iudgement goes for him and they behoove to enquire of the others named in the Writ and if the Disseisors came in with force and Armes although they hurt no persons body all of them neverthelesse are to be adjudged to Corporall punishment according to the quantity of the offence and if they cast him our of his dwelling house or out of his Demesne the felony of this Burglary is punishable at the Kings Suit or at the Suit of the Party for none is to be cast out of his house where he dwelleth and which he hath used as his owne for a yeare without Iudgement although he hath no title thereunto but by Disseisin or intrusion and it sufficeth for fotce and Armes onely the shewing of Armes for to hurt the Adversaries and under the name of Armes are contained Bâ—wes Artowes Sawes Launces Speeres Staves Swords and Targets of Iron The Iury ought to enquire of the damages that is to say of the profits of the Tenements done since the Disseisin and to whose hands such profits after came and of the Charges Costs and reasonable expences which the Plaintiffe hath sustayned in his whole recovery and in all things and how much he is endamaged in distresse of his goods and in his honour and the damages being assessed it is to be awarded that the Plaintiffs recover his seisin such as it is according to the view of the Recognitors and the damages and the Disseisors are punishable according to the points of the offences For the goods found in the Tenements whereof none can know the value as Charter Writings Royall Treasure and such things locked up the Plaintiffe hath an Action by Appeale of Robbery or by a Writ of Trespasse In Iudgement of â—atcine veniable satisfaction is to be made to the 〈◊〉 inâ—ffes to the double of the value of 〈…〉 which are stolen and in case of 〈…〉 the value 4 double or foure 〈…〉 CHAP. IV. SECT 25. Of Amercements A Pecuniary paine we call an Amercement which follow reall offenders and mâ—â—t and sometimes are certaine and sometimes uncertaine An Amercement is certaine sometimes according to the dignity of the Persons as it is of Earles and Barons for he who holdeth an entire Earldoine is to be amerced one hundred pound when he is least amerced And a Baron for a Barony entire one hundred Markes and he who holdeth lesse lesse and more more according to the quantity of the Tenure And sometime by a certaine Assize in another case as it is of Escapes of people imprisoned in which case yee are to distinguish of the place as where one escapeth out of the Kings Prison or out of the Prison of another out of the Kings Prison yee are to distinguish of the cause whether it be mortall or veniall and if mortall then distinguish if the cause were adjudged or not and if adjudged by norory of fact or of right then the Corporall punishment is uncertaine for if the Keeper or more be assenting to the escape punishment of death followeth thereupon and if the cause was not adjudged and the Keeper was not the Kings Officer nor assented to the escape then the Assize of punishment is so many Shillings sterling or more according to the usage of the Country or of the place or of the person And if the Cause he veniall then the escape is not punishable And if the escape be from the prison of others then yee are to distinguâ—sh of the cause and of the caption whether the cause be mortall or veniall and if mortall then the pecuniary paine aforesaid holdeth place and if the cause be veniall there is no punishment for the escape CHAP. IV. SECT 26. Of Amercements taxable COmmon Amercements are Taxable by the Oathes and Aâ—â—erments of the Peeres of those who sal in misere cordia according to the constitution of the Charter of Franchises which willeth that a Free-man be assessed when he falleth into an Amercement according to the quantity of his offence a Merchant saving to hâ—â— his Merchandize and a Viâ—â—aine saving his Wainage and these Affâ—rrors are to be chosen by the assent of the Parties if they will but the Kings Officers are the more grievonsly to be Amerced for the breach of their faith c. Many cases there are where Corporall punishments are brought in by Fines of money and such are called Ransomes which is as much as to say Redemption from Corporall paines whereof some Fines are common as for Murders other for personall Trespasses of Townes and Commonalties which Fines King Edward Ordained that they should be assessed in the presence of the Justices so as the names of them be put into the Roles of the Iustices so that the Estreates may come to the Sheriffe to leavie the same by parcells and not by totall Summons And in case where one recovereth Debt or Damages King Edward enacted that it should be in the election of them to doe execution by leavying such Debt and damages of the moveable goods of the Debtors at the very value to the value of the thing in demand except the Oxen and Beasts of the Plow together with the moyety of Lands and Tenements of the Debtors if
or otherwise retaine him in his service 90 It is abuse that Villaines are Frank pledges or Pledges of Free-men 91 It is abuse that others suffer Villains to be in their Viewes of Franck-pledges 92 It is abuse that the Lords suffer their Villaines to plead or be impleaded without them for a Villaine is not Amerceable in any other Court because he can lose nothing as he who hath nothing proper of his owne 23 It is abuse to hold Villaines for Slaves and this abuse causeth great destruction of poore people great poverty and is a great offence 94 It is abuse that a man is Summoned who is no Free-holder 95 It is abuse to Summon a man elsewhere then in the Land contained in the demand if it containe Land 96 It is abuse that a man travaile at his owne Charges by any Summons personall 97 It is abuse that a Justice or other make a Summons who is not a Free-holder within the County 98 It is abuse to Summon men without giving them reasonable warning upon what to Answer 99 It is abuse that false Causes of Essoignes are admitted for as much as the Law alloweth falsity in no case 100 It is abuse that an Essoignor is admitted in a personall Action to the Defendant since one is Maine-prised to appeare in Court by Maine-prisors 101 It is an abuse to receive an Essoigne cast in by an infant within age 102 It is an abuse to receive an Atturny where no power so to doe is given by Writ out of the Chancery 103 It is abuse to receive an Atturney where the Plea is not to be judged in the presence of the Parties if not in case where one maketh an Atturney generall 104 It is abuse that none can make an Attuoney in personall Actions where Corporall pnnishment is to be awarded 105 It is abuse to receive Exceptions in Judgements if they be not sufficiently pronounced for from the Order of the Exception early ariseth cleare Judgement 106 It is abuse to allow a warrant of Voucher to a Theife or in other personall Action 107 It is abuse that Judges Assigned shew not the parties pleading their Warrants or of his power when they demand it 108 It is abuse that Justices and their Officers who kill people by false Judgement be not destroyed as other murderours which King Alfred caused to be done who caused forty foure Justices in one yeare to be hanged as murderours for their false Judgements He hanged Darling because he had Judged Sidulf to death 1 Darling for the retreat of Edulfe his Son who afterwards acquitted him of the fact He hanged Segnor 2 Segnor who judged Vlfe to death after susfficient acquittall He hanged Cadwine 3 Cadwine because that he judged Hachwy to death without the consent of all the Jurours and whereas he stood upon the Jury of twelve men and because that three would have saved him against the nine Codwine removed the three and put others upon the Jury upon whom Hachwy put not himselfe He hanged Cole 4 Cole because he judged Jve to death when he was a Mad-man He hanged Malme 5 Malme because he judged Prat to death upon a false suggestion that he committed the felony He hanged Athulf because be caused Copping to be hanged before the age of one and twenty yeares 6 Athulf He hanged Markes because he judged During to death by twelve men who were nor sworne 7 Markes He hanged Ostline because he judged Seaman to death by a-false Warrant 8 Ostline grounded upon false suggestion which supposed Seaman to be a person in the Warrant which he was not He hanged Billing 9 Billing because he judged Leston to death by fraud in this manner he said to the people Sit all yee here but he who assisted to kill the man and because that Leston did not fit with the other he him commanded to be hanged and said that he did-assist where he knew he did not assisted to kill him He hanged Seafoule because he judged Olding to death 10 Seafoule for not answeriâ—g He hanged Thurston because he judged Thurguer to death by a verdict of Enquest 11 Thurston taken Ex officio without issue joyned He hanged Athelston 12 Athelston because he judged Herbert to death for an offence not mortall He hanged Rombold because he judged Lisilâ—ld 13 Rombold in a case not notorious without Appeale and without Endictment He hanged Rolfe 14 Rolfe because he judged Dunston to dye for an escape out of prison He hanged Freburne because he judged Harpin to dye 15 Freburne whereas the Jury were in doubt of their Verdict for in doubtfull causes one ought rather to save then to condemne He hanged Seabright who judged Aihebbrus to death 16 Seabright because he condemned one by a false judgement mortall He hanged Hale because he saved Tristram the Sheriffe from death 17 Hale who took to the Kings use from another goods against his will for as much as any such taking from another against his will and Robbery hath no difference He hanged Arnold because he saved Boyliffe 18 Arnold who robbed the people by colour of Distresses whereof some were by selling Distresses some by extortion of Fines as if betwixt extortion of Fines releasing of tortious Distresses and Robbery there were difference He hanged Erkinwald because he hanged Frankling 12 Erkiu wald for nought else but because he taught to him who vanquished by Battaile mortall to say the word of Cravant He hanged Bermond because he caused Gâ—â—bolt to be beheaded by his Judgement in England 20 Bermond for that for which he was Outlawed in Ireland He hanged Alkman because he saved cateman by colour of Disseisin 21 Alkman who was attainted of Burglary He hanged Saxmond because he hanged Barrold in England 22 Saxmond where the Kings Writ runneth for a fact which he did in the same Land where the Kings Writ did not run He hanged Alflet because he judged a Clerke to death 23 Alflet over whom he had not cognisance He hanged Piron because he judged Hanting to Death 24 Piron because he gave judgement in Appeale before the forty daies pendant the Appeale by a Writ of false judgement before the King He hanged Diling because he caused Eldon to be hanged 25 Dilling who killed a man by misfortune He hanged Oswin because he judged Fulcher to death out of Court 26 Oswin He hanged Muclin 27 Muclin because he hanged Helgrave by warrant of indictment not speciall He hanged Horne 28 Horne because he hanged Simin at daies forbidden He hanged Wolmer because he judged Graunt to death by colour of a Larcine of a thing 29 Wolmer which he had received by title of baylement He hanged Therberne because he judged Osgot to death for a Fact 30 Therbern whereof he was acquitted before against the same Plainetiffe which Acquittance he tendred
to averre by Oath and because he would not averre it by Record Therberne would not allow of the Acquittall which he tendred him He hanged Wolstor because he adjudged Haubert to death at the Suit of the King 31 Wolstor for a fact which Haâ—bert conâ—est and of which the King gave him his pardon but he had no Charter thereof neverthelesse he vouched the King to warrant it and further tendred to averre it by enrolement of the Chancery He hanged Oskitell because he judged Catling to death 32 Oskitell by the Record of the Coroner whereby Replication allowable the plea did not hold And the case was such Catling was taken and punished so much as he conâ—est he had mortally offended and that to be quitted of the paine and Oskitell adjudged him to death upon his Confession which he had made to the Coroner without triall of the truth of the paine or the fact And further he caused the Coroners and Officers accessories to be apprehended who hanged the people and all those who might have hindred the false Judgement and did not hinder the same in all cases For he hanged all the Judges who had falsly saved a man guilty of death or hath falsly hanged any man against Law or any reasonable Exception He hanged the Suitors of Calevot 33 Suitors of Calevoâ— because they had adjudged a man to death in a case not notorious although he were guilty thereof for no man can Iudge within the Realme but the King or his Commissaries except those Lords in whose Lordships the Kings Writ doth not run He hanged the Suitors of Dorcester 34 Suitors of Dorcester because they Iudged a man to death by Iutours in their Liberty for a felony which he did out of the liberty and whereof they had not the Counsance by reason of forrainty He hanged the Suitors of Cirencester 35 Saitors of Cirencester because they kept a man so long in Prison that he dyed in Prison who would have acquitted himselfe by Forraigners that he offended not feloniously In his time the Suitors of Doncaster lost their Iurisdiction 36 Suâ—ors of Doncaster besides other punishments because they held Pleas forbidden by the Customes of the Realme to Iudges Ordinaries and Suitors to hold In his time Colgrin lost his franchise of Enfangtheise 37 Colgrin because he would not send a Theife to the common Goale of the County who was taken within his Liberty for a felony done out of the Liberty in Guildable In his time Buttolphe lost his view of Franck-pledges 38 Buttolphe because he charged the Iurours with other Articles then those which belonged to the View and Amerced people in Personall Actions where one was not to be amerced by a pecuniary punishment And accordingly he caused mortall rewards to Criminall Iudges for wrongfull mortall Iudgements and so he did for wrongfull Iudgements venialls Imprisonment for wrongfull Imprisonments and like for like with the other punishments for he delivered Thelweld to Prison because he judged men to Prison for an offence not mortall He judged Lithing to Prison 39 Lithing because he imprisoned Herbote for the offence of his wife He judged Rutwood to Prison because he imprisoned Olde for the Kings Debt On the other side he cut off the hand of Hanlf because he saved Armocks hand who was attainted before him that he had feloniously wounded Richbold He judged Edulfe to be wounded because he judged not Arnold to be wounded who feloniously had wounded Aldens In lesser Offences he did not meddle with the Judgements but dis-inherited the Justices and removed them according to the points of those Statutes in all points where he could understand that they had passed their Jurisdiction or the bound of their Delegacy or of their Commission or had concealed Fines or Amercements or other thing which belonged to the King or had released or encreased any punishment contrary to Law or procured the exercising or pleading without Warrant either in the property by warrant of Writ or of a plaint of the Possession or è contra Or in the veniall Actions by words of felony or è contrai or had sent to no Party a transcript of his Plea at the Joâ—ney or any of the Parties wrongfull grieved or done any other wrong in dis-allowance of a reasonable Exception of the Parties or to the Judgement In his time every Plaintiffe might have a Commission and a Writ to his Sheriffe to the Lord of the Fee or to certaine Justices assigned upon every wrongwhichwas done In his time Law was hastened from day to day so that above fifteen daies there was no default nor Essoigne adjournable In his time the parties might carry away the parts of their Pleas under the Seale of the Judges or the adverse parties In his time there was no stay of Writs all remediall Writs were grantable as of Debt by vertue of an Oath In his time the Iudges used to take twelve pence of every Plaintiffe at the journey In his time Plaintiffes recovered not onely damages of the issues of the Possessions and of the Fees but recovered Costs as to the hurts and as much as one might lawfully Taxe by the occasion of such a fact 109 It is abuse that such a multitude of Clerks are suffered to be made whereby the Kings jurisdiction is overthrowne 110 It is abuse that Clerkes have Leases of that which belongs to the Temporalty and hold Lay Fees 111 It is abuse that Pleas hold upon Sundaies or other daies forbidden or before Sun rising or in the night time in dishonest places 112 It is abuse that none answer to a Felony or other personall Action of trespasse or scandall before his age of one and twenty yeares 113 It is abuse that when the Action is affirmative to take the proofe against the Answer or Plea affirmative 114 It is abuse that a man be accused of life and member ex officio without 〈◊〉 or without indictments 115 It is abuse that the Iustices shew not the Endictments to those who are endicted if they require the same 116 It is abuse that no man in England doth answer for a thing done out of the Realme Et è contra or in a priviledged place where the Kings Writ runneth not for a thing done to a Forraigner et è contra or within a place within a Franchize for a thing done in Guildable 117 It is abuse that Rape is a mortall offence 118 It is abuse that Rape extends to others then Virgins 119 It is abuse to Out-law a man if not for felony 120 It is abuse that one take in England any one Out lawed in Ireland or elsewhere out of the Realme or that one is put out of his Fee by judgement of Law of Judges Ordinaries Suiters 121 It is abuse to count of so iong time whereof none can restifie the hearing or seeing which is not to endure generally above forty yeares 122 It is abuse that a man have an
understood that one shall recover by Assize of Novel disseisin every manner of Free-hold and all manner of Possession reall of Lands or of Franchises whereout one is cast if it be not by lawfull Iudgement and these words if it be not by lawfull Iudgement referre to all the words of this Statute The point which the King grants to the people that he will sell no Right or hurt nor delay Iustice is misused by the Chansellour who seâ—ls the remediall Writs and calls them Writs oâ— Grace by the Chansellour of the Exchequer who denyeth Acquittances of payments made to the King under Green Waxe and all those who delay right judgement or other right The point concerning leave for the staying of Merchants Alliens is so to be understood that it be not prejudiciall to the Townes not to the Merchants of England and that they be sworne to the King if they stay longer then forty daies The point which forbiddeth that none Allien his Land in prejudice of the Lord of the Fee is to be interpreted in this manner that no Tenant allien the Fee of his Lord without his consent or to hold in chiefe of the Lord without encrease of new service The point of the custody of Abbies and of religious places when they fall is thus to be understood that every Lord have the keeping of his Fee during the Vacation The point that none shall be taken or imprisoned upon the appeale of any woman for the death of any other then of her Husband is to be meant of such a woman which the Husband last held for his wife if in case there be many wives alive The points concerning Sheriffes Turnes and Viewes of Franck-pledges are disused three waies the first that Sheriffes Bayliffes and Stewards take extortion of Fines in that they make the people to fine for what they are not occasioned which they call for Beaupleader The second that they amerce the people for Presentments upon personall Actions The third is that they charge the Iurours with Articles touching Trespasse done by Neighbour to Neighbour or of Tenant or of other Lord then to the King The point which forbiddeth religious persons to purchase Lands overthroweth the Statute afterward made at Westminster of the same for as much as the Action of the chiefe Lord is limited in so short time to hasten the Kings Action in prejudice of the Lords of the Fee The last point is of such vertue and of such meaning as that the King hath the Cognisance of Trespasses done in such manner as that the Fee-Tenants have their Courts and the Cognisance of Trespasses done within their Mannours and also as well of reall Actions and Personalls as of mixt CHAP. V. SECT 2. The Articles upon the Statute of Merton SOme points are reproveable amongst the Statutes made at Merton after the Great Charter made and namely the point of Redisseisins Since the Law doth not attaint any Trespassor by enquest of Office and because Pleas may perhaps availe the Tenants and should be by Law allowable Assizes lye to the example of Novel Disseisin and where it is said that Redisseisors be arrested and kept in Prison and afterwards that they be released is but an abuse of the Law which requireth that every one who is attainted of a personall Trespasse be punished by a Corporall punishment if he cannot ransome it by money and that which is said of this Statute is to be understood of all Statutes made after the Great Charter made in the time of King Hen. the 1. for it is not Justice that he should be punished for one fault with Corporall punishment as imprisonment or other and further by a pecuniary paine or by ransome for ransome is nothing but a buying out the Corporall punishment The point of Improvements of Wasts is reproveable as being too generall for it ought to distinguish of Commons for in some places the Commonors are infeoffed in such manner that the whole Common is onely in the Tenants so that the Lords have nothing but the soile and in such case that Statute is prejudiciall to the Commoners and repugnant to the Great Charter which willeth that none be cast out of his Free-hold not the appurtenances without lawfull judgement The point of Rape of Marriages is reproveable in as much that it hath an Exception of Persons of Laymen and of Clerkes for there is no more Law that a Clerke should offend without punishment then a Lay man Other points are repugnable If the Tenant doe damage to his Lord or è contra for they are not punishable according to the Statute but they are bound by their Homage and Fealty betwixt them as it is before said amongst the judgements of defaults The points of making Atturnies in Suits at Hundreds is to be understood in this manner That although a Suitor by this Statute may make an Atturney for him to save his default yet none can give Judgement by Atturney nor is a Woman named in this Statute because that no judgement is to be given by a Woman CHAP. V. SECT 3. Of the Statutes of Marle-bridge SOme points of the Statutes of Marle-bridge are reproveable and namely the first five points because that every personall Trespasse is punishable by a Corporall punishment if the Trespasse be not bought in by ransome according to the quantity thereof The Chapter which commandeth tâ—e Great Charter to be kept in all points is defective for want of addition of punishment and it seemes crosse to make constitutions not holden The Chapters remedialls of Lords of Fees is reproveable in the mittigation of punishment For all those who doe defraud the Law are punishable by a Corporall punishment and not by a simple Amercement The point of Proclamation of Wards is reproveable as that which is founded upon Errour as it appeareth in the Chapter of defaults The Chapter of Redisseisors is reproveable for that no speciall command ought to exceed Common Right not any paine of imprisonment is judgeable but for a wrongfull imprisonment The Chapter of daies in dower is reproveable since the Law hasteneth right more in the Kings Court then clsewhere The Chapters following of Attachments and Distresses are reproveabâ—e for in pleas of Attachments no Essoigne is allowable for the Defendants nor any such order of distresses is to be holden according to Law The Chapter which forbiddeth that none make his Tenants Jurours is reproveable because that no punishment is therein ordained and because it hath no Exception for there are many Cases where the people ought to be Jurours though they come not by the Kings Command as before Justices of Forrests before Coroners and before Escheators and as in Courts of Sheriffes and Viewes of Fraukpledges and as Afferrours and at Goale deliveries The Chapter which commandeth the arresting of those who are bound to Accompt is reproveable since the Action is mixt and requireth Summons and not personall Arrests The Chapter of wasters of Farmes is reproveable for waste is
he who bound himselfe to warranty would not warrant the Land not vouch over it appeareth thereby that the Ancestor was Tenant by a naughty title and that he was possessor thereof by an ill way and if the Heire had nothing whereby to discharge him the Tenements bound to warranty should be recovered And if the Heire had nothing whereby to discharge not no Land is found bound to the warranty if the Purchasor lost his purchase it was at his owne perill and accounted his owne folly the better at any other time to looke to his assurance CHAP. V. SECT 5. Articles upon the Statute of Westminster 2. THat which is said of the Statute of Westminster 2. which faileth in many cases is now to be understood for against all Trespasses is the Law made although it be dis-used or controuled by those who know not the Law And the three first Chapters are not Statutes but are the revocations of the Errours of negligent Judges for the Law permits not that a man make a better estate to another then himselfe hath but requireth that every lawfull Contract be made according to the wills of the speakers and that which is in the Statute that if a Fine be leavied in deceit of right that the same be null is reproveable but it might have been better said That for that Fine that no man be barred of his right for the Fine leavied cannot be rightly said null but it holds in force and barreth at the least the Donor of his Action The point if Distresses doth not repeale any Errour but affirme them as before appeareth in the second beoke And that which is said in the second Statute that Suitors in Counties have no Record is but abusion since every lawfull restimony is a Record and every false testimony is a lye and as lawfull may other people testifie as the Justices assignned Is not the same Writ abused to grant to Counties Records in Outlawries Pledges Maine-prises Battailes Grand Assizes and other Cases and not other points and to deny that the Sheriffes or Lord of the Fee or other to whom the King sendeth his Writ hath not as well Record of Processe before him as those whom they call Iustices is but Errour And as to the causes of Writs of paines is suffered great Errour that that which is not warranted in the Accessory that he may 〈…〉 in the principall since the Law permits that none be aided by a lye or a vicious Writ Of the other side because there is more realty in the Statute then personalty as more Attachments are awarded in personall Actions then in mixt and realls The point of Measnes is reproveable as to the Proclamation and as to the non-acquittance of those who hold by lesse service then the Measnes for be it that B. hold one hundred pound Land of D. by the service of twenty pound per annum and the same B. give the moyety thereof in Frankalmoigne or Frank marriage or to hold by the service of a Rose to C. if it happen that the same B. forfeited what he hath by this Statute no remedy is ordained for C. who was purchasor from B. and therefore the old course is to be holden which is said before in Iudgements The remediall Statute of the right of the Wife lost by the default of the Husband is reproveable for the old Law was that a woman after the death of her Husband should repleeve her Inheritance or purchase so lost summoning the Tenants for a Cape is not but a distresse and ejection of seasin saving every right and it is lawfull for one of the Tenants in common to defend his right where he is damnified by the negligence or the non ability of his Partner In the same manner may a Woman according to Law in the right of her Husband neither doth the Law give to Widowes Action to demand Dower in the cases named in the Statute but in all cases the Law enables her to be received by Lawfull reversing of the Iudgement And that which is contained that Tenants may vouch to warranty is but abuse how holdeth voucher place where a Writ lyeth not yet is it understood with a saving that no jurisdiction of a Iudge assigned extend to other Persons then those who are named in the Writ and that none shall vouch more then in the same Writ are named by Writ of Replegiare and therefore are warranties attainable and determinable by Writs The Statute following which Ordaineth new Writs remedialls after defaults is prejudiciall to Lords of Fees who lose the advantages of their Courts because that Writs of Right are forbidden in such cases where they wont to be used Presentments to Churches ought not to be but in the names of those to whom the meere right of the Advowson doth belong according as is said before in Contracts and it is errour and abusion of Law to endow women of Advowsons or to Lease them to Farme or for the terme of anothers life or in Frank-marriage or in Mortgage or in Fee-tayle or otherwise then in Fee-simple And those who receive Clerkes presented to Churches in prejudice of those to whom the meere right in Fee doth appertaine are bound to make restitution of the damages and those who have recovered to Jurours by whom they were certified of the right of the personage and so it appeareth that the punishment lyeth more against the Bishops then the presentors And that which enacteth long Imprisonment for a punishment is but abuse since none is imprisonable if not for a wrongfull imprisonment The Statute of Warranties is but a revocation of Errour used against Law The Statute of Admeasurement is reproveable in many points as to the Proclamations since admeasurement and surcharge are to be by Jurours The Statute of Measnes is reproveable in many points as it appeareth in the Chapter of Distresses Contracts and defaults and the same appeareth in the end of the Statute where the Plaintiffes know not a set fine The Statute of suspension of Writs in Eyres is reproveable as repugnant to the great Charter which saith we will sell no Right nor detaine it and wherefore are Writs rebuttable from heating but for the multitude of Writs which are and for the small number of Justices the right of many perish The Statute of obligees in Accompt is reproveable in many points one as to the exception to the Persons for the Masters is ordained recovery and to Serjeants not when Auditors are assigned without the consent of the servants The other that the Auditors are not tyed to allow any thing but at their pleasure without punishment Another that the recovery is ordained by detinue of the servants and not against the Surety not the goods Another that the Lords are not to be Attested according as of the servants Another that the wickednesse of Auditors remaineth unpunished Another of Outlawry for none is to be imprisoned if not for a tortious imprisonment The Statute of Appeales is reproveable in
at the prayer of the Plaintiffe may send the Warden of the Fleet to bring him before them to satisfie the party the money or otherwise commit him to the Fleet. And when he appeareth and will deny that he is the same person then Quaere what shall be done if the Justices may commit him to the Fleet or not And some say not for that they know him not as Judges but as other men by information of the parties and the Plaintiffe cannot mainetaine that he is the same person because he commeth not in but by information of the party Plaintiffe not by Processe of Law Quaere what is to be done in that case And see another difference betwixt the Judges of the one Bench and of the other for it is said That if the Judges of the Kings Bench doe award Processe in a Formedon a Writ of right or execution of Land recovered in value the Sheriffe ought to execute the Writs although they have not any jurisdiction therein But if the Judges of the Common Pleas will grant Processe of Treason c. out of their place the Sheriffe ought not to execute the Processe for that authority is onely of Common Pleas c. The chiefe Iustice of the Common Pleas is made by Patent viz. by these words Constitutimus iâ—â—â—mcapital Iusticiar nostrum de Coi Banco c. Habendum illud own feodis vadiis regardiis eidem officio debit conâ—suet And the other Iudges of the same Bench are made by Letters Patents c. The Chancery ANd note that the Court of Chancery is a Court of a high nature out of which Court issue all originall Writs and there a man shall traverse Offices and such things and in that Court women who are widowes to the King shall be sworne that they shall not marry without the Kings Licence before the time that they be endowed and it is said That of errour there upon a Patent or a Traverse the same cannot be reversed else where but in Parliament Quaere c. And in that Court a man shall have remedy for that which he hath no remedy at the Common Law and it is called by the common people The Court of Conscience And therefore see of matters in Conscience how the party shall have remedy If a man hath Feoffes to his use and maketh his Will and thereby willeth that his Feoffes should make an estate to I. for terme of his life the remainder to C. in Fee if the said I. will not take the estate what remedy is for him in the remainder in conscience and how he shall helpe himselfe in Chancery c. A man shall have remedy in Chancery for Covenants made without writings if the party have sufficient Witnesses to prove the Covenants and yet he is without remedy at the Common Law c. And for Evidences when a man knowes not the certainty of them nor in what they are contained it is usually to be releeved in Chancery for he is without remedy by the Common Law c. If a man infeoffeth another of certaine Lands to his use and the Feoffee selleth the Land to another if he giveth notice to the Vendee at the time of the sale of the intent of the first Feoffment he is bounden to performe the will of the first Feoffer as it seemeth in the Chancery A man was bounden unto another by Obligation in a certaine summe of money and the Oblgee brought an Action upon the same Deed in another County then where the Obligation was made and had Iudgement to recover and the Obligor in Chancery sued to be releeved and it was surmised that by that forraigne Suit he was outed of diverse Pleas which he might have had if the Action had been brought in the County where the Obligation was made and it was conceived a good matter to releeve him in equity In the Court of Chancery a man shall not be prejudiced by mispleading or for want of forme but according to the truth of the Cause judgement ought to be given according to equity and not Ex rigore juris And note that there are two jurisdictions Ordinary and Absolute Ordinary is as positive Law and Absolute is Omnibus modis quibus veritas sciri poterit If a man be bounden by Obligation unto two men unto the use of one of them and one of them viz. is he to whose use it is not releaseth to the Obligor all Actions so as the Obligation is discharged he to whose use the Obligation was made hath good remedy in Chancery by Subpoena against his companion who released him but against the Obligor it seemeth he hath no remedy for every man is bounden to helpe himselfe and it is lawfull for a man to get a discharge of that which he is charged withall and in danger to others And if a man hath recovered against another debt or damages and he hath paid the same without any Acquittance or without having a release and notwithstanding the party taketh execution against him upon the same Iudgement he shall have no remedy by the Common Law and it was then said by the Chancellor that he shall not have any remedy in equity in this case and if the same should be remedied in equity then every Record should be examined before him and thereby the Common Law overthrowne And if I doe infeoffee one upon trust and the Feoffee doth infeoffee another of the same Land upon trust Quaere if I shall have a Subpoena against the second feoffee but where he is infeoffed bona fide there the first Feoffer is without remedy against the second Feoffee as it seemeth It is said That the Chancellor of England wheresoever he shall be in England hath power to command a man to prison and he shall not be bayled Quaere whether the Iustices of the one Bench or of the other out of their Courts have the same authority or nor The Exchequer THe Court which is commonly called the Exchequer is properly for Accomptants Sheriffes Escheators and the like and there they are compellable to make their Accompts according to the usages and customes of the same Court c. and it seemeth to be a Court which is much for the Kings profit for there all remedies are provided how the debts and duties to the King shall be levyed And in that Court the Barons are Iudges betwixt the King and his Subjects and they are sworne thereunto and Fines Issues and Amercements which are assessed in other of the Kings Courts the estreates shall be made thereof to the Court of Exchequer and there they shall write forth Processe against the parties to answer thereunto and to satisfie the King what is due to him and of divers other matters they have power and authority by reason of their Office c. The Cinque Ports THere are also divers other Courts and inferiour places where Iustice is ministred and in those places they have Iudges as in the Cinque
owne Purchase or of the seisin of his Ancestor or his owne seisin the taking of the Explees and the seisin thereof in the time of what King and in the time of peace and the tender of the Demy marke a good discent and in wha manner he hath right and the averment And note that the Explees ought to be of the Demesne or of the Services and in a Precipe quod reddat of the manner of Explees in Services c. and of the Demesnes in Sheep and Corne in Pasture in feeding of Cattle of Wood in selling of the Wood Gardens in selling the Apples or Grasse of Villain is in base service to his profit and in seisin of those of his blood and for a Chaplaine or findeing of poore men the Explees are alledged in Masses and Prayers c. and of a Gorge in taking of the Fish of a Mill in taking of Tole And generally a man shall alledge Explees according to the matter in demand and the nature of it And the triall in this Writ of Right may be two waies the one by the Grand Assize and the other by Battaile but if the right be to be determined by the Battaile it shall be done by Champions and not by the parzies themselves as it is said and the reason is that if any of the parties be killed Judgement of the Land cannot be given against a dead person Quaere if that be the reason or not And it was said That a man cannot have a Writ of Right of a Rent but onely of a Rent-service for that other Rents are against common right c. And see that a Writ of Right doth differ from other Writs in pleading for in a Writ of Right the Tenant ought to conclude upon the right To conclude so that he hath more right to have the Lands c. then the demandant and not to conclude Judgement of Action as the conclusion is in other Writs yet the same holdeth not in every case for if the Tenant in a Writ of Right plead a release collaterall c. without warranty there the Tenant shall conclude Judgement if Action and not otherwise as it seemeth for the demandant hath more right to the Land then the Tenant hath but by reason of the warranty the demandant shall be barred of his Action And note that in a Writ of Right upon the Triall no attaint lyeth and yet in a Writ of right of Dower an attaint lyeth which is a Writ of Right but the reason is because the Triall thereof shall not be by the Grand Assize nor by Battaile but by a Common Jury c. And note that there are divers Writs of Right a Writ of Right which is triable by Battaile or by Grand Assize as a Writ of right of Land or a Writ of Customes and Services a Quod permittat in the debet Writ of right of Advowson c. and the like And there are other Writs of the possession mixt with the right as a Writ of Escheat Cessavit rationable part c. and the like but in those no Battaile nor Grand Assize lyeth In a Writ of Customes and Services the effect thereof is the wrongfull deforcement in not doing of the Services which ought to be done to the demandant out of the Land and the Land ought to be shewed and how he holdeth by such Services and shew seisin in him or his Ancestors of Fee and Right and alledge the taking of Explees and the Averment The Articles and things which are materiall in the Writs appeare in the Writs themselves and in the booke of Novel Tales and in other bookes and therefore they need not to be here mentioned and for that cause I omit them here c. An Indictment upon the Statute of 8. H. 6. JVrator present pro Dom. rege quod cum instatuto in Parliamento Dom. nuper Regis Henriet Angliae sexti post conquestum apâ—d Westm anno Regni sui 8. tent edit inter cetera ordinatum sit quod si aliqua persona expulsa sit seu dissesita de aliquibus terris et tenementis modo forcibili aut pacisice expulsa sit et postea manu forti et armis extra teneatur contra justic pacem vel post aliquem talem ingressum aliquod feossementum seu discontinuatio aliquo modo inde factum sit ad jus possessor defraudend aut tollend quod pars in ea parte gravata habeat assissam nove dâ—sseisine aut breve de transgressâ—one versus hujus disseisttorem et si pars gravata recuperaverit per assisam vel rationem transgr et preveredictum alio modo per debitain legis formam sit compactum quod pars defendens in terras eâ— tenem vi imgressusfuit aut ea per vim post ingressum tenuerit quaerens reciperet versus defendentem dâ—nna sua ad triplicem et ulterius finem faciet Dom. Regi et redemptionem pro ut in statuto pred plenius continetur c. Quidam tamen L. C. de E. in com pred generosus snnul cum quinque personis juratoribus pred ignotis statutum illud minime ponderans die Dom. 20. die Januarii circa horam 9. post meridiem ejusdem diei anno Regni Dom. regis nunc 12. manu forti ac vi et armis viz. Baculis et cultelltis in unum messuagium unum gardinum ducent as acras terre 40. c. prati et 30. arras basvi cum pertinetii quorundum E. K. Armigeri et L. M. armigeri c. scituat jacen et existen in perochia de L. juxta T. in com pred ingressus fuit et inde ipsas E. K. et L. M. vi et armis viz. baculis et cultellis ac manu forti dissertivit Et ejus inde statum et possessionem sic per disseissinam illam habitam et obtent cum pred personis ignotis usque in crastinum diem sequentem viz. 13. diem mensis Januarii continuavit Quo quidem 13. die Januarii H. L. de M. in comitatu pred yeoman W. B. de pred Husbandman et I. C. nuper eisdem villa et comâ—tatu laborer apud L. pred in et super tenta pred una cum prefato T. C. manu forti ac vi et armis viz. baculis cultellis gladiis scutis arcubus et sagittis se assemblaverunt et eadem tenementa vi et armis pred a pred 12. die Januarii hucusque inrurius ipsius T. C. et ipsum T. pretensa tenuerunt et prefat E. K. et L. M. c. inde hucusque extra tenent in dicti Dom. Regis nunc contemptum ac contra formam statuti pred et contra pacrm dicti Dom. Regis c. When the Parties are at issue in their Actions the common Triall thereof in our Law is by Verdict of 12. men who shall be sworne upon the Booke to speake the truth according to their conscience And sometimes the matter shall be tried by the