Mannor which shall be a detriment to the Inheritance of the Lord of this Mannor which ought to be enquired and presented for the Lord And that you be the more diligent and carefull in enquiring and presenting the same I have ministred a corporall oath unto you which is an Invocation or taking to witnesse the name of God to confirme the truth of that you shall say and present minding neither fraud nor deceit but only the truth not partial but seeking the glory of the Almighty the commodity of your neighbours and the whole Common wealth Thus much of exhortation in briefe and now to your Charge The Charge 1. FIrst you shall enquire of the Suitors which owe any Suit to this Court whether they be heires or no and present their names that make default for they which be absent ought to be present here as well as you except they have some lawfull impediment to the contrary for they hold their lands aswell to do their suit as to pay their rent so that if they do not theīr suit they shall be amerced or the Lord may have good remedy for the same Also you shall understand that every common Suitor is bound by the Lawes to appeare at the Lords Court-Baron every three weeks notwithstanding the Lord for your ease which he esteemeth more than his own profit suffereth it to be kept but seldome as appeareth for which cause every of the Tenants ought to be more willing to come unto his Court at such times as are appointed for the holding of it for if they voluntarily absent themselves then they render evil for good for when they did their Fealty they were sworne to be true tenants unto their Lord and to pay and doe all manner of suits customes and services due for their Tenements at their day assigned and therefore let every man remember his oath and duty and doe his suits and services according to the same otherwise he shall fall into the danger aforesaid 2. Next you shall enquire whether there be any tenants dead since the last Court-day or before whose death as yet is not presented and you shall present the same also what lands and tenements he holdeth of the Lord of this Mannor at the time of his death and by what services to wit whether it were by Knights-service Soccage tenure or Copyhold and what advantage the Lord shall have by his death as Reliefe Escheat Fine Heriot c. and who is his next heire and what age he is of and in whose custody and present it You shall understand there be divers manner of Tenures but most men do hold by Knights service or Soccage Tenure Knights service is when the Tenant holdeth of the Lord by Escuage that is to say by the service of the Shield also to hold by Castle-guard to wit to keep a Castle or Tower or other place of his Lords upon reasonable notice when the Lord heareth that enemies come into England that is Knights service Also he that holdeth by Homage fealty and Escuage holdeth by Knights service Also he which holdeth of his Lord to blow a Horne to warne the men of that Courtrey when Enemies do invade England holdeth by Knights service and Knights service ought always to be done by a man in his proper person which formerly drew unto it Ward and Marriage and at this day reliefe for when such a Tenant died seised and his heir male within age and unmarried the Lord and the Land holden of him and also the marriage of him untill he were of full age viz. the age of 21 yeares But if such a tenant died seized his heire female being of fourteene yeares or more then the Lord should neither have had the Wardship of the Land nor of her body for the Law intendeth that a woman of that age may have a Husband able to do Knights service and if she were within fourteene yeares of age and unmarried then the Lord had the Wardship of her Land and also of her body until she attained the age of sixteen years and this at this day is extinct of which see more in the Act of Parliament for the taking away of the Court of Wards And some such Tenants do hold by halfe a Knights service and some by halfe a Fee and some by more and some by lesse and if such a Tenant dieth which holdeth by one Knights fee and his heir being of full age then the Lord shall have Homage and Fealty and also five pounds for a Reliefe of this fee the said Act of him that holdeth by halfe a Knights fee two pounds ten shillings and he that holdeth by more shall pay more c. you shall therefore present whether any such Tenant died seized of any such Lands and Tenements so holden yea or no. 3. Also you shall enquire whether any Tenant which held by Knights service made any Feofment to his Heire and after died his Heire being within age 4. And whether any such Tenant made any Alienation of any such Land so holden to any person by collusion to defeat the Lord of his profits and present that 5. Also you shal enquire whether any such Tenant which held by Knights service did make any Feofment by Deed to his use or any Recognizance by fine to his use or suffer any Recovery against him to his use and after died and no will by him declared and present it for in those cases also the Lord shall have Reliefe of his Heire being of full age and other duties as well as if his Tenant had died seized 6. Also you shall enquire whether the Heire of such Tenant entred into any such Lands so holden for any condition broken being made by any of his Ancestors and present it 7. Also you shall enquire if any Tenant which held by Knights service was disseized of Lands so holden that is to say put out of them by one who had no right or title to them and after died before any re-entry or any legall recovery had and present it 8. Soccage-tenure is where the Tenant holdeth of the Lord by Fealty and certaine rent for all manner of services or by Homage and Fealty for all manner of services or to pay a summe of money for Escuage or to pay a certain summe of money for Castleguard All such Tenures are Tenures in soccage and all other Tenures which are not Tenures by Knights service are Tenures in soccage and where such tenants die seized of any Lands so holden the Lord of whom the Land is so holden after the death of his Tenant can have no more profit but only his Fealty and Reliefe that is to say as much money and service as one years rent doth amount unto As if the Tenant held by Fealty and ten shillings for a Reliefe over and besides the ten shillings which he shall pay for his Rent and in such case after the death of the
all and singular the aforesaid premises that is to say to two peeces of land Copyhold lying in the field called R. containing by estimation eight acres one peece of land lying next the land called D. on the South part and the lands c. which said two peeces of land the aforesaid A B. lately had and took up to him and his heires of the Surrender of S. T and M. his wife at the general Court with the Leete here holden on Thursday the 18th day of August in the year c. more at large appeareth to which said E. seisin is delivered to him thereof to him and his heires under the Condition and in manner and form as in the said last Will is specified by the Rod at the will of the Lord by the service and rent of 2. s. by the year and suite of Court saving the right c. and he doth give the Lord for a Fine c. and doth therefore Fealty c. The finding of the death of a Tenant ITem they say upon their Oathes that A. B. after the last Court dyed seised of and in two Roods of land lying in a Pightel called R. holden of this Mannor by Fealty and the yearly rent of 4d by the year and that E. F. is the Son and next heir of the said A. B. and of full age who now doth therefore to the Lord Fealty Paines found and set upon Tenants for want of suite of Court Item they say upon their Oathes that I. W. S. and I. I. c. Copyhold Tenants of this Mannor do owe suite to this Court and now at this day have made default and therefore every one of them in mercy six pence The like ANd that A. B. and C. D. are Tenants of the Lord of the Mannor by demise and do owe suite to this Court now at this day and have made default thereof therefore either of them are in mercy as over their heads 3. d. The like ANd that E F. G. H. and I. K. are Free Tenants of this Mannor and owe suit of Court and now at this day have made default thereof therefore each of them are in mercy as over their heads 6. d. The presentment of a Surrender made out of Court into tenants hands with the admission of the tenant accordingly ANd that L. M. the younger out of the Court after the last Court did surrender into the hands of the Lord of this Mannor by the hands of N. O. Copyholder tenant of this Mannor in the presence of L. M. and P. R. likewise Copyhold tenants of this Mannor all their Copyhold lands and tenements holden of this Mannor with the appurtenances to the behoof and use of S. T. the elder and his heires and assignes And now came the aforesaid S. T. the elder and craveth of the grace of the Lord to be admitted tenant to all and singular the premisses that is to say to one parcel of pasture containing half an acre be it more or less with the apurtenances late parcel of one Customary tenement and eleven acres of land called C. tenement in C. aforesaid which the said L. M. did lately take up to him and his heires after the surrender thereof made by one S. T. at the Court general with the Leet here holden on Munday next after c. more plainly appeareth And he is admitted Tenant thereunto and seisin is thereof delivered to him to hold to him his heires and assignes by the Rod at the will of the Lord according to the custome of Mannor c. by the services and customes c. and the rent of six pence by three years saving the right c. And doth give to the Lord a Fine c. and hath done to him therefore Fealty c. The finding a Surrender made into Tenants hands to the use of a mans will ANd that A. B. Copyhold Tenant of this Mannor out of Court after the last Court that is to say the 24th day of May last past before the Title of this Court did surrender into the hands of the Lord of this Mannor by the hand of C. D. Copyhold Tenant of the same Mannor in the presence of I. A. S. A. likewise Copyhold Tenants of the said Mannor all his Copyhold lands and tenements holden of this Mannor to the behoof and use of his Testament and last Will. The finding of the death of a Tenant and of the lands and that the youngest son is next heir according to the custome c. with his admission ANd that W. D. Copyhold tenant of this Mannor dyed after the last Court solely seised of and in onetenement inclosed called L. containing by estimation five acres lying in F. which the said W. late took up to him and his heires of the Surrender of I. S. as at a Court here holden on Munday in the morning of St. John the Baptist in the year c. appeareth And of and in five acres of Copyhold land with the appertenances holden of the same Mannor called B. which c. And that W. D. his younger son is next heir of the said W. according to the custome of this Mannor who now doth come and craveth of the grace of the Lord to be admitted to the premises with the appurrenances according to the custome of the Mannor aforesaid and he is admitted thereto Tenant to whom seisin is thereof delivered by the Rod at the will of the Lord according to the custome of the same Mannor by the services and customes and rents for five acres c. at 4. s. by the year and for the other said five acres of land at the rent of 5. s. by the year c. saving the Right c. And he doth give the Lord for a Fine c. And doth Fealty to the Lord c. The finding of a Sale made of Freehold lands with a distress to the Bayliff to distrian for want of taking it up ALso they say upon their oathes that I. A. after the last Court did sell to R. A. one tenement called T. with the Apurtenances containing by estimation two acres holden free of this Mannor in Free Soccage by Fealty and the yearly rent of 3d. by the year and suit of Court which said R. A. doth not come c. Therefore it is commanded to the Bayliff that he distrain the aforesaid R. A. against the next Court to do Fealty c. The acknowledgment in the Court of a Legacy paid ANd that I. B. in full Court did acknowledge himself to be satisfied and fully paid by N. B. his Brother of his Legacy of ten pounds to the said I. B. by the Testament and last Will of his Father bequeathed according to the form and effect and the true intent of the said Testament and last Will of his father A presentment of a Surrender made out of Court with the admission of the tenant THE Quest of Office do present upon their oathes that I. S. Copyhold Tenant of this Mannor out of
Court that is to say the tenth day of May in the year c. did surrender into the hands of the Lord of this Mannor by the hands of S. N. Copyhold Tenants of this Mannor in the presence of I. G. and G. F. likewise Copyhold Tenants of the said Mannor all his Copyhold lands and tenements with the appurtenances holden of this Mannor to the behoof and use of R. K. and of his heires assignes for ever who now came here into Court craveth of the Grace of Lord to be admitted to all and singular the aforesaid premisses with the appurtenances that is to say to one Messuage decayed with certain lands in C. containing by estimation four acres be it more or lesse with the appurtenances parcel of one Cottage and three acres of Land of the Tenement of H. with the appurtenances in the same of Skipton in the Tenement of Maydens late W. K. which the same I. S. lately took up to him his heires and assignes at a Court for the Mannor aforsaid holden after the surrender thereof made by I C. as at a Court for the Mannor aforesaid holden on Thursday the 17th day of May in the year c more plainly appeareth And he is admitted thereto Tenant to whom seisin is thereof delivered to hold to him his heires and assignes by the Rod at the will of the Lord according to the custome of the Mannor aforesaid by the services c. and Rent of 2 s by the year saving the Right c. And he doth give to the Lord for a Fine c and doth do to the Lord Fealty c. A Presentment made in Court of an agreement made between a son and his mother touching her Dower and the mothers release of her Dower AND afterwards in this Court came the said N. B and E. B. widow relict of the said R B. and do give here intelligence to the Court that they are agreed between themselves of and for the Dower of the said E B. in the premises according to the custome of the Mannor aforesaid whereupon the said E B. present here in Court doth remise and release into the hands of the Lord aforesaid all her Dower and title of Dower and demand which to her doth belong according to the custome of the Mannor of and in all and singular the Copyhold land and tenements holden of this Mannor which late were the said R B. sometimes her husband to the behoof and use of N B. in his full and peaceable possession thereof now being and of his heires and assignes for ever so that is to say that the said E B. from henceforth may not require claim and challenge any Dower of in or to the premises or any parcel thereof according to the custome of the said Mannor but thereof and of and from all action and demand of such Dower concerning the premises shall be for ever barred and excluded by this inrolment And for this remise and release the said N B. doth give to the said E B. 210 l. of lawful money of England And he gave to the Lord for a Fine c. for the release aforesaid c. The Quest of Office do say upon their Oath that T G. hath incroached with his ditch upon the Common of H. G. towards the milking yard of his Messuage therefore he is in mercy as it is over his head And it is commanded him to reform the said incroachment on this side the Feast of St. Michael the Archangel next coming upon pain as over his head Also they say that S. A. hath forfeited his pain of 5 s. upon him imposed at the last Court for that he after the last Court and after notice to him to the contrary given by the Bayliff of this Mannor hath suffered his swine to go out and pasture upon the Common pasture of H. against command thereof to him to the contrary given A presentment for an offence done and a charge to the Jury to enquire and further day given for giving their verdict WHereas W. S. and G. B. Lords of the Mannor of R. have lately cut down one Oak lately growing at the West end of a certain Pightel called B. Pightel of the Demesne of this Mannor in the Copyhold tenure of F. W. and at this Court it was given in charge to be enquired of by the homage and they to give their verdict of and upon the premises The same homage do desire day for giving in their verdict until the next Court for that they are not yet thereof advised c. And they have c. I. A. Copyhold Tenant of this Mannor doth desire to be admitted to a Fine for respite of Suite of Court to be done and he is admitted for 4. d. A Fine desired for respite of suite to be done WHereas at the last Court it was given in charge to the homage to enquire and give their verdict of and concerning the cutting down of one oak lately before then growing at the West end of a certain pightel called B. pightel of the Demesnes of this Mannor in the Copyhold tenure of F. W. by W. S. and G. B. Lords of the Mannor of R. late before that time cut down and at the said Court day was further given until this Court the Jurors of this Inquisition do now say upon their oathes that as well by the testimony of R. A one of the Tenants of this Mannor to this specialy sworn as of the certain knowledge of some of the homage now sworn that the aforesaid F. W. and all those whose estate the said F. hath in the aforesaid Copyhold pightel from time to time by the space of sixty years now last past have quietly and without contradiction cut taken carryed away and enjoyed all the wood from time to time by the space of sixty years growing on the part of the way and at the West end of the said pightel and that the hedges of the said pightel aforesaid by all the said space were placed and did adjoyn to the said Oak and that the greater part of the thickness of the Oak did reach it self towards the said way and further they say that there never was any ditch where the Oak aforesaid did grow And they further say of the testimony of the said R. A. that the said R. A. in times past having in his occupation the pightel aforesaid from time to time by diverse years did gather and had the Acrons of the Oak aforesaid without any contradiction To the Court came I. W. and R. his Wife and present here in Court in their proper person and the said R. by the Steward of the said Court being solely and secretly examined and consenting did surrender into the hands of the Lord of the same Mannor and did remise release and altogether for them their heires and assignes quit claim to the behoof and use of S. N. and his heires all their right title state use interest and demand
whatsoever which they ever had now have or hereafter may have or they or either of them may have according to the custome of the same Mannor of in or to seven Acres of land with one Messuage parcel of the tenement called S. and of in and to two acres of Copy-hold land of the Tenement of W. c. which said premises the said S. lately had and took up and now holdeth to him and his heires after Surrender thereof made by I. W. as at the Court there holden on Wednesday the 21. day of March in the year c. more at large appeareth to the behoof and use of the aforesaid S. N and of his heirs so that is to say that neither the aforesaid I. W. and R. nor either of them nor their heirs nor the heirs of either of them from henceforth may require claim or challenge any estate Right title Dower and demand thereof to be had from henceforth shall be altogether barred and excluded and either of them is barred and excluded by this present surrender release and quit claim and for this surrender remise and release the said S. doth give a Fine to the Lord c. A Surrender of Copyhold in Court with the admission of the tenant accordingly TO this Court came A B. gent. Copyhold Tenant of this Mannor and present here in Court did surrender into the hands of the Lord of the same Mannor two acres and a half of land lying in two pieces in C. be it more or less whereof the first peece doth lye between c. and the other peece is accounted for half an acre and lyeth c. which said two acres and a half the said A. B. late in the Court did take up to him his heires and assignes after surrender made thereof by I W. as at the Court here holden on Friday the sixteenth day of May in the year c. more plainly appeareth to the behoofe and use of I. W. and R. his wife and the heires of the said I. W. which said I W. and R. present here in Court do desire of the grace of the Lord to be admitted to the aforesaid two acres half of land according to the form and effect of the Surrender aforesaid and they are thereunto admitted tenants to whom seisin thereof is delivered to hold to the said I. W and R. and to the heires of the said I W. of the Lord of the Mannor aforesaid by the Rod of the will of the Lord according to the custome of the Monnor aforesaid by the services c. and the rent of 2 s by the year saving the Right c. and he doth give to the Lord a Fine and the said I W. hath done Featly to the Lord c. A surrender and Lease made in Court with the examination of the Wife AND afterwards at this Court came the aforesaid I. S. and M. his Wife and present here in Court and the said M. being solely and secretly examined by the Steward of the same Court and consenting did surrender remise and release into the hands of the Lord of the Mannor aforesaid all their right state title possession Dower and demand of them the said I. S. and M. of in and to all and singular the premisses aforesaid with the appurtenances to the behoose and use of the said R. K. and his heires and assignes for ever in his full and peaceable possession of the premisses now being so that is to say that neither the said I. S. and M. or either of them from henceforth shall require claime or challenge any right title Dower or demand of in or to the premisses or any part or parcel thereof but of and from all action right title Dower or demand thereof to be had for ever hereafter shall be barred and excluded by this inrollment And the said I. S. for the said remise and release doth give to the Lord a fine c. A Surrender of Lands made in Mortgage upon condition for the payment of money with the admission of the Mortgagee by her Attorney and the Fealty respited AND immidiatly after the same Court the aforesaid N. B. present here in Court did surrender into the hands of the Lord aforesaid by the hands of his Steward of the same Mannor one piece of Land containing by estimation two acres of arable Land lying between the Lands of the Mannor of R. late of N. B. of the West part and the lands c. together with the wayes and pathes to the same belonging and used which said piece of Land R. B. the Father of the said F. whose heire he is late had to him his heires and assignes amongst other things after the Surrender thereof made by W. B. and E. his Wife as at a generall Court with a Leet there holden on Thursday next after c. in the yeare c. appeareth to the behoofe and use of F. D. one of the daughters of N. D. Gent. and of the heirs and assignes of the said F. under this forme and condition that if the said N. B. his heirs executors or administrators or any of them shall pay or cause to be payd to the said F. D. her heires executors administrators or assignes at the mansion house of the said R. B. in H. in the County of York Gent. the summe of twenty pounds of good c. in or upon the twenty eighth day of October next following after the title of this Court that then the said surrender shall be void and of none effect or vertue and that then also it shall be lawfull for the said N. B. his heires and assignes to re-enter into the said piece of Land and the same as in his former estate to have againe repossesse and re-enjoy the said surrender or any thing to the contrary notwithstanding and upon this the said F. by C. W. her Attorney in this behalfe is admitted thereto tenant and Seisin is delivered to the said F. her heires and assignes under the condition aforesaid and in manner and forme aforesaid by the Rod at the Will of the Lord according to the custome of the Mannor aforesaid by the services c. saving the right c. And he doth give the Lord for a fine c. and Fealty is respited untill c. A Surrender of Lands made presently in Court ANd afterwards sitting in the same Court the aforesaid F. W. present in Court did surrender into the hands of the Lord of the same Mannor in the aforesaid Close containing by estimation five acres called L. to the behoofe and use of C. W. his Brother and to the heires and assignes of the said C. to which said C. seisin thereof is delivered to hold to him his heires and assignes by the Rod at the will of the Lord according to the Custome of the same Mannor by the services c. saving the right c. And he doth give to the Lord for a fine c. And doth therefore Fealty to the Lord
and the same F. W. present here in Court doth surrender into the hands of the Lord by the hands of the Steward of the same Mannor the aforesaid seven acres of Land in one Close now in two parts divided with hedge and dike to the behoofe and use of I. VV. Widdow his Mother and of her assignes in form aforesaid for terme of the natural life of her the said I. VV. to whom seizin thereof is delivered to the said I. VV. and her assignes in forme aforesaid the reversion thereof to the said F. VV. and of his heires and assignes by the rod c. at the will of the Lord c. according to the custome of the Mannor aforesaid saving right c. And he doth give to the Lord for a fine c. And doth therefore fealty to the Lord c. A Release of Land made in Court AT this Court came S. B. and present in Court did surrender remise and release into the hands of the Lord according to the Custome of this Mannor all his right title state possession interest and demand of and in all those parcels of the land parcel of the Orchard of the said N. called the old or further Orchard next adjoyning to the Pightel or Close of Pasture of him the said S. called the Bean-close as it is now divided from the said Pightel or Close with the door-stakes put upon the Front of the Dike of the said old Orchard to the behoofe and use of N. B. his Brother in full and peaceable possession thereof now being and to his heirs and assignes for ever so that is to say that neither the said S. nor his heires from henceforth may challenge crave or demand any right title state claime or demand of or in the said piece of land But from all action right title state use interest and demand thereof to be had from henceforth shall be utterly barred and excluded and every of them shall be for ever barred and excluded by this present inrollment And the said N. for the said remise and release doth give to the Lord a fine c. A Lease made by the Lord of parcell of his Lands AT this Court the Lord here in full Court did demise to farme to I. A. one Garden containing halfe a Rod lying c. and halfe an acre of land in F. of the Demesnes of the Mannor to hold to him his Executors and assignes for the terme of five yeares next following after the title of this Court paying therefore yearly for every yeare during the said terme one penny at the Feast c. And he doth give to the Lord for a fine c. And doth therefore Fealty to the Lord c. The Admission of the yonger Son to Lands according to the custome AT this Court came F. W. the yonger Son and next heire of I. W. deceased and did crave of the grace of the Lord to be admitted tenant to one parcel of land containing in length twenty perches and in bredth three foot late parcel of one piece of Copyhold land called B. containing by estimation three acres of land of which said parcel of late there is made a dike which said parcel of land I. W. the Grandfather of the said F. W. lately had to him his heires and assignes of the surrender of L. A. as at a Court for the Mannor aforesaid holden the 24. day of May in the yeare c. appeareth as to his right and inheritance for that the said I. VV. died thereof seized and the same parcel of land by and after the death of the said I. VV. according to the custome of the Mannor aforesaid did descend to the said F. VV. the Father of the said F. VV. and from the said F. VV. the right of the said parcel did descend to the said F. VV. the yonger and he is thereunto admitted tenant to whom seisin is thereof delivered to hold to him his heirs and assignes by the rod at the will of the Lord according to the custome of the Mannor aforesaid by rent of two pence c. and the services c. saving right c. And he doth give to the Lord for a fine c. And doth therefore fealty to the Lord c. A License by a Lord of a Mannor to a Copy-holder to pull downe houses standing on Copyhold lands TO all and singular Survayors Bayliffs and other Officers whatsoever within my Mannor of Skipton in the County of Y. I E L. of B. send greeting Whereas I am informed that H. G. hath lately purchased of T. C. certaine old houses within my said Mannor being Copihold and that the said T. C. hath surrendred the same houses to the use of the said H. G. and his Heires according to the custome of the said Mannor Now my will and pleasure is and I do by these presents give and grant unto the said H. G. his heirs and assignes full license and absolute liberty power and authority to pull downe and to take and carry away the said houses and every of them or any part of them to and for the use of the said H G. and his heires and assignes from time to time as to him or them or any of them shall seeme meet Any custome or usage whatsoever within the said Mannor if any such be or heretofore hath beene had or used to the contrary thereof in any wise notwithstanding And I will and command you and every of you that the said H. G. and his assignes may quietly have and enjoy the full and whole benefit of my said grant and license without any deniall let or impediment of you or any of you In witnesse whereof c. A Letter of Attorney to surrender a Copyhold BE it knowne unto all men by these presents that I A. B. one of the customary or Copyhold tenants of the Mannor of H. in the County of M. have made ordained constituted and appointed and by these presents do make ordaine constitute and appoint my trusty and well beloved friends C. D. and F. F. two customary or Copyhold Tenants of the Mannor aforesaid my lawfull Attorneys and Attorney joyntly and severally for me and in my name joyntly and severally by lawfull wayes and means to surrender into the hands of the Lord or Lords Lady or Ladies Farmers owners or proprietors of the said Mannor of H. aforesaid all that customary or Copyhold Messuage or Tenement with the appurtenances scituate lying and being in H. aforesaid parcel of the customary lands of the said Mannor And all my estate right title interest claim possession and demand of in to and out of every part and parcel thereof to the use and behoofe of T. VV. his heires and assignes for ever and I the said A. B. do hereby give and grant unto them the said C. D. and E. F. joyntly and severally and to either of them full power and authority to do execute and performe any other lawfull act and acts whatsoever needfull or
or Appraisors upon the Extendi facias over-value the Lands or goods in favour to the Debtor the Conusee hath no remedy but by motion in that Court where the Writ is returnable at the Return day or at least the same term wherein the Writ is returnable to desire that the Appraisors may take the Lands or goods at the rate they have valued them in the same manner as the Conusee is to have them But if the Conusee accept of the Lands and goods from the Sheriff or suffer the term to passe wherein the Writ is returnable he is too late and hath no remedy at all And if the Appraisors do under-value the Lands or goods in savour to the Debtee it seems the Conusor hath no remedy at all for he may at any time pay all or the residue of the debt and damages unlevied and have his Lands again if he please Yet neverthelesse the body of the Debtor shall remain in prison until the Debt be paid And if there be Sureties they shall receive no damage so long as the Debt may be fully levied of the goods of the Debtor Note that upon the Statute-Merchant or Staple all the Fee-simple lands which the Conusor had at the time of the said Statute acknowledged or at any time after shal be liable to the said Statute to whom soever they be afterwards sold by alienation Feofment or otherwise Stat. de Mercator 13 E. 1. 27. c. 9. 23 H. 8. Co. 3. 12. But if the Debtor die the body of his heir shall not be taken but his Lands in Fee that descend to him by the Conusor shall be taken as aforesaid if he be of full age or when he shall attain full age until the said debt be levied Stat. ibid. Copyhold Lands are not liable nor shall be extended Nor lease for term of life But Lease for term of years and all other goods and chattels of the Conusor or Debtor are liable and shall be extended which the Conusor hath in his own possession and to his use at the time of the Execution sued or awarded But goods demised pawned or pledged may not be taken in Execution for his debt that demised or pledged them during the time or term that they were demised or pledged 22 E. 4. fo 10. 34 H. 8. Br. Pledg 28. also goods distrained for rent amerciament damage feasant c. and are impounded in custodia legis during the time that they are so may not be taken in Execution See Br. Pledg 28. If the Conusor of a Statute-Merchant or Staple c be taken and die in Execution yet the Conusee shall have execution of his lands and goods Co. 5. 86 87. Fitz. 246 b. or if the Conusor be taken in Execution and escape yet his goods and lands shall be taken and extended upon by the said Statute for the escape and the action that the Plaintiff had against the Sheriff for the escape is no satisfaction of the debt Certificate of a Statute-merchant was sued forth and Execution sued in the same County the Sheriff returned Non est inventus for which the Plaintif sued another Certificate to the Major by reason of which the party was taken it was holden that the second Certificate was not grantable yet the party taken would not be set at liberty by 28 E. 3. 91. Execution 93. Where there are several Certificates in divers Courts upon one Statute Execution sued in the one shall not stay that in the other because they are intended severall Statutes but it seems he may sue to the Major to certifie if there be another Statute or not and so be helped 29. Ass 29. and because where a Certificate is sued in the Common Pleas and the same Plaintiff sues another in the Vpper Bench and the Iustices were certified by the Major that all was but one Statute the parties caused the Record to come out of the Common Pleas into the Vpper Bench and then a Capias shall issue out against the Conusor and yet one Conusor was taken before in the Common Pleas but it appeared that he afterward escaped 29 Ass 41. A Statute which was certified for the Testator shall by a speciall Writ be certified for the Executor F N B. 132. so where it is not sufficiently certified before so where the party keeps it in his hands so where the first Certificate is lost and if the Major will not certifie it a Certiorari shall be directed unto him F N B. 244. The Major of the Staple hath power to hold plea of things done in the Staple and upon a Statute acknowledged before him execution may be sued or in the Chancery at the pleasure of the party 9 H. 6. Iurisdiction 6. Upon a Statute Merchant a Capias issued out of the Chancery returnable in the Common Pleas the Sheriff did return Non est inventus Now Capias extendi facias shall not issue out of the Common Pleas without shewing the Statute to the Justices although he had shewed the same in the Chancery before and if the Sheriff hath returned Cepi corpus and hath the body here if he do not shew the Statute the party shall be discharged although it be lost but upon a Statute Staple he must shew the same upon the Capias awarded but not afterwards because in the same place 37 H. 6. 6 7. It was holden that if a Statute be certified the Plantiff shall have Execution without shewing of it but if he doth not shew it at the day of the return the other shall be at large although he have Execution of the body of one or of all the Defendants 26H 6. Execution 6. See the Stat. of 5 H. 4 cap. 12. Vavasor said that he saw where the Recognisee died and a stranger came in his own name and shewed the Statute and had Execution although the other came not in proper person and upon a Statute made to two if one come with it he shall have Execution in both their names and it is a common course that every stranger who comes with the Statute shall have Execution upon it in the name of the Recognisee 12 E. 4. 10. 11. Execution 14. And upon Non est inventus returned upon the Certificate where the Plaintiff died his Executors shewed the Statute and had Execution of it 17 E. 3. 31. But see 18 E. 3. 10. he shall not have it without a Scire facias vide Eliz Dyer c. Conusee of a Statute Merchant had it certified in the Chancery and thereupon had a Capias upon it and died upon the shewing of the Statute his Executors had a Scire facias The opinion was that if a man sue Execution of a Statute Merchant in divers Counties and in each for the portion viz. 20 l. in the one and 20 l. in the other County yet upon Nihil returned in one County he shall have Execution of the whole in the other
or ought to be charged by the Law by reason of the office of the Sheriffwick of the said County from time to time and do content and pay to the said Sheriffe his Executors or Assignes all such summe and summes of money as the said Sheriffe his Heires Executors or Assignes ought to pay to his Highnesse the Lord Protector or to any other person or persons or be due to the said Sheriffe by reason of the said Office of Goalership That then c. Or Thus. THe Condition c. That if the above bounden A. B. Gaoler to the said Sheriffe of the County of Yorke do from time to time receive and take into his ward and custody within the Gaole at the Castle of Yorke in the County of Yorke aforesaid all such person and persons prisoner and prisoners which shall be committed or sent to the said Gaole or committed to the ward and custody of the said Gaoler by the said Sheriffe or his Deputy or by any Justice or Justices of Peace or by any other having lawfull authority to commit persons or prisoners to the said Gaole and the said persons and prisoners so committed as aforesaid doe well and truly duely and sufficiently by his owne proper person or by his sufficient Deputy or Deputies so keepe that the said Sheriffe his Heires and Executors and all the Lands Tenements Goods and Chattels of the said Sheriffe be saved harmlesse from all losses penalties amerciaments and damages whatsoever as well against his Highnesse the Lord Protector c. As also against all other person and persons of for and concerning the custody and keeeping of the said Gaole and Prisoners within the said Castle of Yorke or else-where in the said County of Yorke and likewise doe discharge save and keepe harmlesse the said Sheriffe his Heires and Executors and all those his Lands Tenements Goods and Chattels from time to time and at all times hereafter of and from all and every escape and Escapes as well of convict persons Reprieves and Felons and of all other persons now committed for any contempts condemnations trespasses or misdemeanours which may happen or chance hereafter to be committed to the said Gaole for any the causes aforesaid during the time the said C. D. shall be Sheriffe of the County of York and likewise that the said A. B. or any other by his consent privity or appointment in any wise let to baile or mainprize any prisoner or prisoners to him committed as aforesaid not baylable by the Lawes of the Nation without the speciall commandement or appointment of the said Sheriffe And if the said A. B. or his sufficient Deputy be ready to give his attendance upon the said Sheriffe and his Deputy at all times necessary and convenient and all and every lawfull thing and things that he shall be required to do by the said Sheriffe or his Deputy touching or concerning the c. affaires and businesse wherewith the said Sheriffe is or shall be charged or employed in or about the keeping of the said Gaole or Prison that then c. Articles betwixt the High Sheriff and a Bayliffe of a Wapentake or Hundred ARticles of Agreement indented and made the tenth day of March in the yeare c. Between A. B. of R. in the County of Y. Esquire High Sheriffe of the said County of the one part and C. D. of A. in the said County Gentleman of the other part Whereas the said A. B. by his deputation under the seale of his Office hath constituted and appointed the said C. D. to be his Bayliff within the Wapentake of Ewcrosse to execute and enjoy the same Office onely during the pleasure of the said A. B. Now it is covenanted and agreed between the said parties and the said C. D. for himselfe his Executors Administrators and Assignes for the consideration aforesaid doth covenant and grant unto and with the said A. B. his Heires Executors and Admnistrators in manner following First That the said C. D. shall and will during such time as he shall execute the said Office well and sufficiently performe and doe whatsoever to the sayd office belongeth as well within the said Wapentake as without And shall with speed and secrecy serve and execute or cause to be served and executed all and every precept and warrant to him directed by the said high Sheriffe or Under-sheriffe And shall make a true returne thereof to the said Under-sheriff or his Deputy by the space of four dayes before the respective returnes thereof And shall likewise from time to time save and keep harmlesse the said high Sheriff his Heires Executors and Administrators Lands Tenements Goods and Chattels of and from all Escapes Amerciaments Fines and sums of money or other charges and incumberances whatsoever which shall or may be imposed or happen upon the said high Sheriff for or concerning the executing or returning of them or any of them 2 Item That he the said C. D. his Executors or Assignes shall well and truly pay or cause to be paid to the said Under-sheriffe or his Assignes at his Office in the City of Y. or lese-where the Blanck-farme due to his Highnesse within the Wapentake within 6 days next after the Annunciation of our blessed Virgin Mary and Saint Michael the Arch-Angel by equall portions and shall likewise at his owne proper costs and charges faithfully and truly levy collect and gather all and every sum and summes of money of what nature soever within the said Wapentake as are and shall from time to time grow due and payable to his Highness or which are and shall be within the charge of the said Sheriffe and estreated and given in charge to the collection of the said C. D. or his Assignes and shall within three weeks next after any Estreat warrant to him directed for the levying and collecting thereof pay or cause the same to be payd unto the said Sheriffe or his Deputy at Y. or else-where or make his personall appearance there to give a just account for what cause he hath not collected nor levied the same 3. Item That the said C. D. shal diligently enquire of the Goods and Chattels of all Felons and Fugitives and of all persons outlawed and condemned and of goods and chattels waived estrayed and escheated within the same Wapentake And the same shall lawfully inventory and seise into his Highnesse's hands as Bayliff of the said Wapentake and shall likewise truly account for and deliver or cause to be delived unto the hands of the said Sheriff or his Deputy the goods so seised and inventoried within one moneth next after such seisure and inventory made 4. Item That the said C. D. shall from time to time give lawfull summons and warning to all such persons Jurors and Free-holders as shall from time to time by warrant from the said High Sheriffe or Under-sheriffe be appointed to appeare before his Highnesse his Justices of Assize or Gaole-delivery Justices
tenant such reliefe is due to the Lords maintenance so that the heire be of the age of fourteen yeares and he ought to tarry for his reliefe untill the day of payment of the Rent but he ought to have his reliefe maintenant and for that he may distrain immediately after the death of his Tenants 9. Also if a Copyholder die sole seized of any Lands or Tenements so holden his heire being of the age of fourteene yeares then he shall pay a fine unto the Lord and do Fealty and be admitted Tenant but if the heire be within the age of fourteene yeares then some Guardian shall be admitted to occupy his Copyhold and to pay and doe his service due for the same viz. If Lands descend from the Father then the Mother or some of her next kindred shall have the occupation of the same Lands untill the Heire be at age and they shall a little fine for the Guardianship and the Heire at his entry shall pay the whole fine you shall enquire thereof and present the same 10. Also you shall enquire whether any Tenant which held by Soccage Tenure did make any Feofment in fee to his use and died seized of the use his Heire being within age and no will by him declared of the use and present it for that the Lord shall have his Reliefe as well as if he had died seized of the same Lands 11. Also you shall inquire whether any Freeholder hath aliened or sold away his Free hold Lands or Tenements or any parcel of them and present it for he which hath purchased the Land before he enter ought to come and give notice unto the Lord that he hath purchased the same and so the Lord shall know his Tenant and the service which the former paid unto the Lord shall be apportioned according unto the value of the Lands 12. Also you shall enquire whether any that held by Herriot service or Herriot custome died seized of any Lands or Tenements so holden and present it for their service shall be apportioned also the Lord shall have of every of their severall parts divers Herriots at their severall deaths Also if one man have two severall parcels of Lands holden by Herriot-service and by two severall titles and dieth seized of the same the Lord shall have after his death two Herriots 13. Also you shal enquire if any Copyholder died seized of any Lands so holden and present it also whether any Copyholder hath made any Lease of his Copyhold or otherwise aliened or sold the same and present it for it is a forfeiture of his Copyhold for if a Copy-holder will alien or sell away his Copyhold he ought to come into the Court and surrender the same into the hands of the Lord to the use of him who shall have the Estate or else out of the Court he ought to surrender it unto the Bayliffe or to some of the Tenants of the Lord-ship to the use of him who shall have the estate and they to whom the surrender is made ought to present the same at the next Court and then pay his fine for the same and take it to his use in the Court and do his endeavour to be admitted and if he be not at the same Court then the Lord shall have the meane profits of the same Lands all the rent-services and repairations being deducted until he be amerced of his fine according to his duty 14. Also you shall enquire if any Copyholder hath made any Surrender of his Copyhold or any part thereof since the last Court-day or before and present it and into whose hands it was made and in whose presence or to whose use for at every surrender the Lord ought to have a fine and the party into whose hands the surrender is made ought to come to the next Court and present the same and to yield up his right into the Lords hands to the use of the alienee according to the trust reposed in him or otherwise he forfeiteth his Copyhold except he have a treasonable excuse for that he doth as much as in him lies to defeat the Lord of his Fine and also to defeat the other party to whose use the surrenderd was made 15. Also you shall enquire if any Tenant of the Lordship have given any lands into Mortmain and present it Mortmain is if a man give or sell any lands to any House of Religion or to any other which be corporate by the Knights grant also if one make a Foefment upon trust to the use of a Religious House or to the use of a Fraternity corporate that is Mortmain Also if one exchange Lands with a body corporate this is Mortmain Also if a Religious person or other body corporate doth hold of any man by Knights service and he release unto him this is Mortmain and then the Lord may enter and shall hold the same by force you shall therefore present them that have given any Lands or tenements in Mortmain 16. Also you shall enquire whether any tenant for term of life or years or any Copiholder of this Lord-ship hath committed any waste or suffered any waste to be committed upon their Lands or Tonements Waste is when any tenant for terme of life yeares or any Copyholder pulleth downe any house or cutteth down any timber trees or suffereth the house willingly to fall being on their Copyhold Tenements or if any of the Tenants plow up any Meadow ground or if they suffer any wall or pale which were covered to be uncovered by reason whereof the same wall or pale falls into decay or if any of them dig coals chalk or sand or make any Mines in their grounds this is waste Also if they cut downe a tree to the value of three shillings four pence this is admitted waste but if a man cut down timber to repair the old houses that stand upon parcel of the same ground and therewith doth repair them then it is no waste but if he with the timber build a new house then the cutting down of such timber is waste Or if he cut down any timber to sell to repaire such houses which are fallen into decay such is waste But if waste be done with a tempest no tenant shall be punished for such waste but if waste be done by any danger the tenant shall be punished for such waste Also it is no waste to sell in a reasonable time such trees as have been selled within twenty yeares before But if Tenants cut downe such trees to burn upon their Tenements where they have wood sufficient this is waste Also a Copyholder may not cut down wood to sell but he may to burne upon his tenement or to make reparations as aforesaid 17. Also you shall enquire whether any tenant in possession or reversion died seized of any Land or Tenements holden of this Lordship having no heire at the time of his death yea or no
all the vacant and waste land within the Mannor belongeth to the Lord of the Mannor 30 You shall also enquire whether any person hath plowed up or removed away any Mere marks baulks or limits between one piece of Land and another and present it 31 Also you shall enquire if any have stalked with a bush or beast to kill Deere which is in the Lords Close or Parke and present it 32 You shall also enquire if any person hath concealeth or keepeth away any Evidences Charters or Court Rolls Customary terres or any other evidence which concerns the Lordship or any parcel thereof and present it 33 Also you shall enquire if any person have fished fowled hawked or hunted in this Lordship or Lords Warren and present it 34 You shall enquire also if any person have taken any Feasant Partridges with net snare or other Engine upon the Free-Hold of the Lord of this Mannor and present it 35 Also you shall enquire if any have taken away any Swans Signets or eggs of the Lords Swans out of their nests and present it 36 You shall likewise enquire if any lands of the Lord be concealed or kept back or occupied by any without the license of the Lord Also what land it is and how much land hath been so occupied and of what value by the yeare the same is and present it 37 Also you shall enquire if any Trespasse be done in any of the Lords liberty viz. in his Corne Grasse Meadows Pasture Woods Hedges Waters or Pounds or if any take Hawks or ayre of Hawks or such like trespasse and present them 38 You also shall enquire if any Land be inclosed and the same kept in severalty which ought to lye open without licence of the Lord and other Free-holders you shall present it for no Tenant of the Lordship shall loose the Common in the same 39 Also if any Copyholder let his Copyhold Land for longer time then a yeare and a day without licence except it be by Custome that he may let for longer time and if he do it is forfeiture and present the same 40 You shall also enquire whether any Tenant for yeares or life have granted any greater or larger estate then they had in their Lands or Tenements and present it for that is a forfeiture of their estate 41. Likewise you shall enquire if the Bayliff Headborough Constable and Hayward and all other Officers have well and truly executed their offices and present it 42. You shall likewise enquire whether all the defaults and plaints that were prosecuted at the last Court be sufficiently amended and whether all the orders and Lawes heretofore made be observed and kept and present it 43. To conclude you shall enquire of all other things by me omitted which you know to appertain to your charge and by the Oaths that you have taken you shall truly and diligently enquire of all the premisses and plainly without concealing of any fault and make a return of your presentment subscribed with your hands and sealed with your seals by three a clock in the afternoon Then command the Bayliffe to make proclamation O yes and adjourn the Court till after dinner in this manner All manner of persons that have any more to do at this Court may for this time depart and keepe their hour here at two of the clock in the afternoon After your return from Dinner if any surrenders or admittances be to be made or Actions to be tried let them be done Otherwise call the Jury for their presentments if they be ready and swear two affeerers to affer them as before at the Leet Then discharge the Court the Bayliffe making an O yes thus All manner of persons that have any more to do at this Court holden here this day let them come forth and they shall be heard otherwise they every one else may for this time depart and keep their day here upon a new warning And so God save the Lord Protector and the Lord of this Mannor Some select cases out of the new Reports and others concerning the Lord Copyholder and Copyholds Surrenders Forfeitures c. First of the Lord. HEe that is a Lord to grant and allow a Copyhold must be such a one as by Littletons definition is seised of a Mannor so that he must be in possession at the time of the grant for though he have good right and title yet if he be not in possession of the Mannor it will not serve And on the other side if he be in possession of the Mannor though he have neither right nor title thereunto yet in many cases the grant and allowance of such a Copy is good as he is Dominus de facto sed non de jure Calthrop 48. A Copyhold granted by a Disseisor or any other who hath the Mannor of which it is parcell by wrong shall be avoyded by the Disseisee or any other who hath right to the Mannor by his entry or recovery of the Mannor Pophams Rep. fo 71. Yet it was agreed that admittance upon surrenders of Copyholders in fee to the use of another or if an heire in case of a dissent of a Copyhold were good being made by a Disseisor of a Mannor or any other who hath it by Tort because these are acts of necessity and for the benefit of a stranger viz. of him who is to have the Land by the surrender or of the heire And also Grants made by Copy by the Feoffee upon Condition of a Mannor before the Condition broken are good because he was lawfully Dominus protempore ibid. If a Lord grant a Copy in Fee having but an estate for life in the Copyhold no larger estate shall passe then he himselfe hath Quia nemo potest plus juris in altenum transferre quam ipse habet Co. of Copy-holds fol. 96. If the Lord of a Mannor taketh a Wife and after maketh Copyhold estates according to the Custome and dyeth though the Feme hath this Mannor assigned unto her for her Dower yet cannot she avoyd the Copyhold estates because the Copyholders are in by a title paramount the title of the Feme viz. by Custome Co. of Copyholds 45. Secondly of the Copy-holder HE is Tenant by copy of Court-roll being admitted of Lands or Tenements within a Mannor that time out of minde by use and custome of the said Mannor have been demiseable and demised to such as will take the same in Fee in Fee-taile for life yeares or at will according to the custome of the said Mannor by Copy of Court roll of the same Mannor West part 1. Sym. lib. 2. sect 646. And that person is sufficient to be a Copyholder who is of himselfe able or by another to do the service of a Copyholder as an Infant may be a Copyholder for his Guardian and prochein amy may doe the service But a Lunatick
plaint and in his executed and assigned from the beginning of the World until the day of the date of the said Bill and this c. if Judgement c. Replication THe Plaintiff saith that he ought not to be barred c. because he saith that the aforesaid Bill of acquittance is not his deed and this he prayeth c. Justification of scandalous Words ANd c. when c. and saith that the said G L. his action aforesaid against him ought not to have for that he saith that before the speaking of the pretended scandalous words in the said declaration mentioned that is to say the day year c. at c the said G L. one Wether-sheep to the value of 10 s of c. of the goods and chattels of the said H. A. in the said Declaration mentioned then and there being sound feloniously did steal take and carry away contrary to the publick peace By reason whereof the said P. G. afterwards that is to say the said day year c. at c. the pretended scandalous words in the said Declaration mentioned did say affirm and declare to the said G. L. that is to say thou meaning the said G. L. art a Thiefe and stole H. A.'s Sheep and this he is ready to verifie whereupon he demandeth Judgement if the said G L. his action aforesaid against him ought to have c. Tender of amends in Replevin AND the said H. saith c. the just taking of c. ought not to avow because he saith that after the aforesaid time of the taking of the Cattel aforesaid in the aforesaid place in which c. und before the day of the issuing forth of the precept of Replevin of him the said H. that is to say the day year c. aforesaid at W. aforesaid he the said H. offered 12 d. to pay the said W. and I. to the use of the said W. for the damage of the said W. which he sustained by occasion of the trespass aforesaid which the cattel aforesaid in the aforesaid two acres of Land made which said 12 d. were sufficient amends for the trespass aforesaid which the cattel aforesaid in the said two acres of Land made which said 12 d. the aforesaid W. and I. then and there wholly refused to receive of the said H. and this c. Part of the debt paid The residue tendred before Suit and refused ANd c. when c. and saith that the aforesaid I. G. ought not to have or maintain his said action against him because he saith that the said I. A. the day year c. before the beginning of this action well and faithfully paid to the said I. G. 20 s. part of the above mentioned debt in the said Declaration specified that is to say at B. aforesaid and within the jurisdiction of this Court And as to the five shillings six pence the residue of the debt in the said Declaration specified the said I. A. further saith that he afterwards that is to say the day year c. abovesaid before the commencement of this action at B. aforesaid tendred to the said I. G. the said five shillings six pence which said five shillings six pence the said I. G. then and there refused to accept of and this the said I. A. is ready to prove and demands Judgment of the Court if the said I. A. ought to have his said action against him c. Replication ANd the said I. G. as to the plea of the said I. A. as to the said 20 s. parcel of the debt aforesaid saith that he by any thing before alledged ought not to be barred from having his said action against him for he saith that the said I. A. did not pay the said twenty shillings to the said I. G. as the said I. A. above hath alledged and this he prayes may be inquired of by the Countrey and the said I. A. likewise c. And as the said plea of the said I. A as to the said 5 s. 6 d. residue of the said Debt and the said I. G. saith that the same plea of the said I. A. in manner and aforesaid pleaded and the matter therein contained is insufficient in the Law to bar the said I. G. from having his said action against the said I. A. and that he to the plea aforesaid in manner and form aforesaid pleaded needeth not nor is bound by the Law of the Land to answer whereupon for want of a sufficient plea in this behalf the said I. G. prayeth Judgment and the said 5 s. 6 d. residue of his debt aforesaid together with his damages by reason of the detaining of that debt to him to be adjudged c. Not his Deed. ANd c. when c. And saith that he ought not to be charged with the said debt by vertue of the writing aforesaid because he saith that the said writing is not his Deed. And of this he putteth himselfe upon the Countrey And the said A. likewise c. By threats ANd c. when c. And saith that the said A. ought not to have his said action against him because he saith that the said A. at the time of the making of the said writing at N. aforesaid did impose upon the said B. such so great threats of his life may ming of his body to be inflicted on him unless he would make and seal unto the said A. the said writing that he the said B. did then and there make unto the said A. the said writing for feare of those threats And this he is ready to aver whereupon he prayeth judgment if the said A. ought to have his said action against him c. Replication ANd the said A. saith he by any thing before alledged ought not to be barred from having his said action because he saith that the said B. at the time of the making of the said writing aforesaid was of his own power at large And did make to the said A. the said writing of his meer and voluntary will and not for fear of threats as the said B. hath above alledged And he prayeth that this may be inquired of by the Countrey And the said B. likewise c. By hardnesse of imprisonment ANd c. when c. And saith c. because he saith that at the time of making of the said writing he was imprisoned by the said A. and other of his Covin that is to say at N. aforesaid and there in prison detained until the same B. by force and hardnesse of that imprisonment had then and there made to the said A. the said writing And this he is ready to aver whereupon he prayeth Judgment c. Replication ANd the said A. saith that he c. because he saith that the said B. at the time of making of the said writing was of his own right at large and out of prison and did of his meer and
voluntary will make to the said A. the said writing and not by force and hardnesse of imprisonment as the said B. above hath alledged And this he prayeth may be inquired of by the Countrey And the said B. likewise c. The Assault made by the Plaintiff c. ANd c. when c. And as to the Trespasse and Assault aforesaid above supposed to be done the said I. R. saith that the said R. W. his action aforesaid against him ought not to have because he saith that the aforesaid R. VV. the day year c. aforesaid upon him the said I. R. at the Castle c. did make an Assault and him would have beaten wounded and evil intreated by which the said I. R. himselfe against the aforesaid R. VV. did then and there defend And saith that if any evil to the said R. VV. then and there happened was of the proper assault of him the said R. VV. And in defence of him the said I. R. And this he is ready to verifie whereupon he prayeth Judgement if the aforesaid R. VV. his action aforesaid against him ought to have c. Replication ANd the foresaid R. VV saith that he by any thing before alledged from having his action aforesaid ought not to be debarred because he saith that the foresaid I. R. the day yeare c. abovesaid at c. in his Declaration aforesaid above specified of his own proper injury and without such cause by the said R. VV. above alledged upon him the said R. VV. did make an assault and him did beat wound and evil intreat so that of his life he did despair against the peace of the Lord Protector that now is as the said R. VV. above against him hath complained And this he prayeth may be inquired of by the Countrey And the said I. R. likewise Therefore c. The Defendant pleadeth the Plaintiff within age to bring his action and should have brought it by Guardian and not by Attorney ANd c. when c. And sayes that the foresaid I. R. ought not to have his action aforesaid against him because he sayes that the foresaid I. R. the day and year in the Declaration specified to wit the day year c. the day of the issuing forth of the Writ of Justicies of him the said I. R. that is to say the day year c. was within the age of one and twenty years And that the foresaid I. R. declared against him the said P. C. in the Plaint aforesaid by his Attorney whereas by the due form of Law he ought to have declared by his Guardian And this he is ready to aver whereupon he prayes Judgement whether the aforesaid I. R. ought to have his action aforesaid against him c. To a Trespasse in Walking Not guilty and as to the residue of Trespasse tender of amends ANd c. when c. and saith that as to the breaking of the close aforesaid as also to the treading down and consuming of the Corn and grasse aforesaid with his seet in walking in the same four acres of land aforesaid of new assigned above supposed to be done saith that he is in no wise thereof guilty c. and of this he putteth himself upon the Countrey and the Plaintiff likewise And as to the residue of the trespasse aforesaid in the same four acres of Land of new assigned above supposed to be done the same A. saith that the same B. his action aforesaid ought not to have because he saith that the residue of the trespass aforesaid in the same four acres of Land of new assigned above supposed to be done was done with the cattle aforesaid by negligence and against the will of the same A. and that the same A. afterwards and before the day of commencing of this action of the same B. to wit the 16 day of May in the year c. at the same parish of R. in the said County of Y. offered to the same B. 20 s. of lawfull money of England for and in satisfaction for the residue of the trespasse aforesaid so as aforesaid done which said 20 s. were sufficient amends for the same residue of the trespasse aforesaid in the same four acres of Land with the appurtenances of new assigned as beforesaid done and that the same B. the said 20 s. as aforesaid offered to receive of the same A. then and there altogether refused and as yet doth refuse and this he is ready to verifie And c. Replication ANd the same B. as to the same plea of the said A. as to the said residue of the trespasse aforesaid in the same four acres of land with the appurtenances of new assigned done saith that he by any thing in the same plea before alledged ought not to be barred from having his action aforesaid against him c. because he protesteth that the aforesaid residue of the trespasse aforesaid in the same four acres of land with the appurtenances of new assigned was not done with the cattel aforesaid by the negligence and against the will of the same A. protesting also that the said 20 s. in satisfaction for the trespasse aforesaid were not offered before the same day of commencing the suit of the said B. as the same A. hath above alledged for plea the same B. saith that the same 20 s. were offered by the same A. to the said B. for a certain trespasse by the same A. with his cattle aforesaid to the same B. in a certain other Close of land with the appurtenances called the S. of the same B. in the Parish of R. aforesaid in the County aforesaid done without that that the same A. offered to the same B. the said 20 s. for and in the satisfaction of the foresaid residue of the trespass aforesaid in the same 4 acres of land of new assigned done as the same A. hath above alledged and this he is ready to verifie whereupon for that the same A. the said residue of the trespass aforesaid in the same four acres of Land with the appurtenances aforesaid of new assigned done above acknowledgeth the same B. prayeth judgment and his damages by occasion of the residue of the trespass aforesaid to him to be adjudged c. Rejoynder ANd the same A. as before saith that he offered to the same B. the said 20 s. for and in satisfaction of the said residue of the trespasse aforesaid in the same four acres of Land with the appurtenances of new assigned done as he hath above alledged And of this he putteth himselfe upon the Countrey and the same B. likewise Therefore c. Misnomer in Baptism pleaded in Abatement of the Writ of Justicies ANd the said A. by Simon Don his Attorney comes and prayes Judgement of the Writ of Justicies aforesaid because he saith that the name of Baptism of the said Agnes in the Writ aforesaid named is Anna and not Agnes as the said B. hath above
declared and this he is ready to verifie whereupon he prayes Judgement of the said Writ of Justicies and that the said Writ of Justicies be quashed c. Plea in Abatement for that the Plaintiff hath one name in the Writ and another in the Declaration ANd the said A. by I. R. his Attorney comes and prayes Judgment of the Writ of Justicies aforesaid because he saith that he is the same person against whom the said B hath brought his Writ aforesaid by the name of B. D. otherwise E. Yeoman and that the said B. is named John otherwise Henry and by the same name of B. D. otherwise E. the day of obtaining of the Writ of Iusticies of the said B. and alwayes afterterwards hitherto he hath been known and called and by the same name of B. D. otherwise against the said A. in his Declaration aforesaid now hath declared without that that the said B. is named or called Iohn otherwise Henry or by the same name of B. D. otherwise E. hath been at any time known or called and this he is ready to verifie whereupon he prayes Judgment of the writ of Iusticies aforesaid c. The Defendant justifies for horse-meat not satisfied in answer to a Declaration in Trover for the same horse ANd the said A. saith that he the same time in which the said horse in the Declaration aforesaid specified is supposed to come to his hands and by two years then next elapsed and ever afterwards and yet is a common Inn-keeper and holdeth a certain Inn called the George in the Parish and Town of Harwood in he said County of Y. and that one C. D. the twelfth day of August in the year aforesaid at the Parish and Town of the said H. came to the Common Inne of the said A. bringing with him the said horse into the said Inne which said horse the said C. D. the same twelfth day of August abovesaid untill the twenty fourth day of Iune in the year c. abovesaid in the Inne of the said A. remained at meat and that the said meat of the said A. eaten and consumed within the same Inne by the same horse between the said 12. day of August in the said year of c. and the said 24. day of Iune in the yeare aforesaid was worth eight pounds ten shillings of lawfull money of England And that no person within that time paid the said A. for the said meat neither compounded nor agreed with the said A. for the same whereupon certain L M. NO and others lawfull and honest persons the neighbors of the said A. and inhabiting and remaining within the said parish of H. in the County aforesaid at the request of the said A. afterwards to wit the 24. day of Iune abovesaid at the said Town and Parish of H. reasonably appraised the said horse at six pounds ten shillings and no more whereupon the said A. afterwards to wit the said 24. day of Iune in the year abovesaid at the aforesaid Town and Parish of H. retained that horse in his hands towards the satisfaction of the said A. for his meat aforesaid then and there did convert and dispose as it was lawfull for him to do with it without that that the said horse came to the hands of the said A. in the aforesaid County of L. or any other place without the said Town and Parish of H. in the said County of Y. as the said C D. above against him complaineth and this he is ready to verifie whereupon he prayeth Judgment if the Plaintiff his Action c. The Defendant pleads leave and liberty granted to him by the Plaintiff to enter and feed his Cattel ANd the said A. as to the aforesaid Trespasse as to the breaking of the Close aforesaid and the eating c. with his cattel c. and the treading c. with his feet above supposed to be done saith that the same B. before the same time in which c. to wit the 22. day of May in the year c. at Skipton aforesaid in the County aforesaid and within the liberty and jurisdiction of this Court gave liberty to the said A. into the tenements aforesaid with the appurtenances of new assigned to enter and put in his Cattel aforesaid the grasse in the tenements aforesaid with the appurtenances of new assigned then there growing to eat up By vertue of which said liberty the same Defendant the same time in which c. into the tenements aforesaid with the appurtenances in which c. entered and his Cattel aforesaid to eat the grasse there put And the same Cattle the same time in which c. by vertue of the liberty aforesaid the grasse aforesaid in the tenements aforesaid with the appurtenances did eat tread down and consume which said breaking of the Close aforesaid and eating treading down and consuming of the grasse aforesaid with the Cattel aforesaid in the tenements aforesaid with the appurtenances above newly assigned and the treading and consuming of the other grasse aforesaid in the same tenements with the feet walking by vertue of the liberty aforesaid and for the cause aforesaid in form as aforesaid done is the same breaking of the Close c. And this c. The Plaintiff replies de injuria propria and traverseth the liberty And the Desendant justifies he gave the liberty and issue thereupon The Defendant justifies in Replevin the taking of the Cattel for Rent in arrear ANd the said A B. by S D. his Attorney cometh and defendeth the force and injury when c. and doth well avouch the taking of the said Cattel in the said place in which c. And justly c. because he saith that the said place in which c. is and from the time of the said taking and before was four acres of Land in M. aforesaid and saith that long before the time of the said taking before supposed to be done and at the same time the said A B. was seized in his Demesne as of fee of one Messuage one Garden and four acres of Land and one acre of Wood with the appurtenances in M. aforesaid whereof the said place in which c. is And at the said time in which c. was parcel and so being thereof seized that same Messuage Garden Land and Wood with the appurtenances long before the time of the taking aforesaid that is to say at the Feast of the annunciation of our blessed Virgin Mary in the year c. at M. aforesaid demised unto the aforesaid C D. to have to him from the same Feast as long as it should please him the said A B. yielding therefore yearly unto the said A B. as long as the said C D. should have and ocupy the said Messuage Garden Land and Wood 30 s. at the Feast of St. Michael the Archangel and the annunciation of our blessed Virgin Mary by equal portions yearly to be paid by vertue of which demise the
aforesaid in their Demesne as ofsee Between which said Closes there is a certain hedge separating each from other the aforesaid Closes which said hedge the aforesaid D. and all they whose estate the same D. hath in the Close aforesaid from time out of minde were accustomed to make repaire and sustain and say that that hedge for want of reparation and sustaining of the same was at the time of the Trespasse aforesaid supposed to be made broken down and laid prostrate to the ground and that the Cattel of the said A. and B. in their Close aforesaid put to depasture into the said Close of the aforesaid D. by the breach and decay of the said hedge did enter against the will of them the said A. and B. and the grasse aforesaid did eat up tread down and consume the same A. and B. their Cattle aforesaid freshly pursuing into the said Close of the said D. by the breach and decay aforesaid did enter to drive backe their Cattle into the said Close of them the said A. and B. and into that Close speedily drove them as it was lawfull for them to do which is the same trespasse and breach of close and feeding treading downe and consuming the grasse aforesaid whereof the said D. above against them complaineth And this they are ready to averre c. whereupon c. The Defendant upon a Replevin avoweth the taking of the Cattle doing Damage Feasant ANd the said A. by c. cometh and defendeth the sorce and injury when c. and doth well avow the taking of the said Cowes in the said place in which c. and justly c. because he saith that he is seized and at the time of the said taking was seized in one Messuage and 12 acres of Meadow with the Appurtenances in the said Towne of S. whereof the place in which c. the said Cowes were taken as parcell in his Demesne as of Fee And for that he at the time of the said taking found the said Cows doing damage in the said place in which c. the said A. those Cowes in his ground and free-hold so doing damage took as to him it was lawfull And this he is ready to prove whereupon he prayeth judgement and the returne of the said Cattle c. Misnomer in the Writ of Justicies ANd hereupon comes Alvered Pease by W O. his Attorney and saith that he being by vertue of the said Writ of Iusticies summoned by the name of Abraham Pease neither is nor can be understood the same person against whom the said E. W. hath brought his Writ by the name of Abraham Pease For he saith that he is named called Alvered Pease and by the same name and sirname from the time of his nativity always known and called without that that he is named or called Abraham Pease or by the same name and sir-name was ever known or called as by the said Writ is supposed And this the said Alvered is ready to aver and prove whereupon he demandeth Judgement of the said Writ and that the same may be quashed c. Non cepit to a Replevin ANd the said B. by S. H. his Attorney cometh and defendeth the force and wrong when c. And saith that he did not take the Cattle aforesaid as the said A. above against him complaineth And of this he putteth himselfe upon the Countrey And the said A. likewise c. Property ANd the said B. by S. H. his Attorney cometh c. and saith that the property of the Cattle aforesaid at the supposed time of their taking was in the said B. and not in the said A. And this he is ready to prove whereupon he prayeth Judgement c. Demurrer to a Declaration ANd the said B. by C. D. his Attorney comes and desends the force and injury when c. And saith that the Declaration of the said P. and the matter therein contained are not sufficient in Law for the said P. to maintain his action aforesaid against him the said B. to be had And that he to that Declaration in manner and forme aforesaid made hath no need nor by the Law of the Land is bound to answer And for causes of Demurrer in Law in this behalse the said B. according to the forme of the Statute in this behalf provided doth shew to the Court these causes following That is to say that the said Declaration doth contain double and insufficient matter and wants forme and this he is ready to aver whence for default of a sufficient Declaration in this behalse the same B. prayeth Judgement and that the said P. may be barred of having his action against him c. Joyning in Demurrer ANd the said P. saith for that he above declaring hath in his said Declaration alleadged sufficient matter in Law to maintain his said Action to be had against the said B. which he is ready to aver which matter the said B. doth not gainsay nor thereunto at all answer but wholly refuseth to admit that averment prayes Judgement and his debt aforesaid together with damages by reason of the detaining of the said debt to him to be adjudged c. If it be in Trespasse then thus PRayes Judgement and his damages by reason of the sayd Trespasse or Trespasse and Assault or Trespass Assault and Imprisonment as the case is to him to be adjudged c. If in an Action upon the Case PRayes Judgement and his damages by the occasion before specified to him to be adjudged c. OF THE JUDICIAL AND MINISTERIAL POWER OF SHERIFS TO treat of the Originall or first Institution of Sheriffs in this Common-wealth is not here necessary being already done in the tract of the County Court or first part of this our subject matter Therefore we will initiate with the office of Sheriff in which office he hath triplicem custodiam a three-fold custody viz. 1 Custos vitae Reipublicae The Conservator of the life or peace of the Common-wealth 2 Custos vitae Iustitiae The preserver of the life of Justice for no Suit doth commence and no Processe is executed but by him 3 Custos vitae legis The Guardian or Tutor of the life of the Law for after tedious and long spun suits he is to make due execution which is the very life and spirit of the Law Now as he is Custos vitae Reipub. or Principalis conservator pacis within the County he hath a Judicial authority in the other two a Ministeral 1. And first to discover his Judiciall power And as he is a preserver of the peace he may ex officio upon request command and cause another to finde sureties of the Peace and may take the same sureties by Recognizance for all Obligations that he takes to that end are as Recognizances in Law And if he see one man assault another or if an assault be made upon himselfe he may compel them to finde sureties of the
Yorkshire to 02 00 00 For Petitions upon the account for each 00 04 00 For another writ of assistance 00 05 06 For entring the view of the accompt and in the alienation Office for viewing of the accompt and for a note of the charge there 00 09 08 For every Schedule of issues upon general pardons and to the Clerk of the extracts man 00 15 00 To a Baron for allowing of them and to the Barons man 00 17 04 In the alienation Office for making of the Bond and Acquittance with the Scedules of seizures against such as have sold land held of the Commissioners without license of alienation 10 06 00 For a Warrant for a day to finish the accompt until Mich. Term 00 10 00 To the Attorney in the Pipe Office for setting off from the Accompt six amerciaments and to his man 01 10 00 For discharging the amerciaments for a warrant to set off and discharge 01 12 06 For another Writ of assistance 00 05 06 If the Sheriff cannot go thorow with his accompt in Trinity Term then to the Marshall for liberty to his man 04 13 04 For ruling and making the Petitions and to his man 09 00 00 To the Master of the Pipe for his fee 00 13 04 To the Controller of the Pipe for his fee and to his man 02 12 00 The fee of the Attorney of the Pipe and to his man 06 02 06 For the Acquittances of two tallies in the receit and for striking off those tallies 00 05 04 To two Auditors for casting up of the Sheriffs accompt in Court when he is to be cast out of the Court 00 10 00 To the Baron then and to his men 01 07 00 To the Marshal Tipstaves and Criers then 00 16 08 To the Clerk of the Pipe for Recusants and for allowing and joining of the talley for Recusants Debts 01 16 00 To the Baron for respects for Recusants Debts 01 10 00 To the Clerk of the Pipe for Recusants for allowing of that Warrant and to the Master of the Pipe for the same 00 13 04 To the Bag-bearer 00 01 00 For the Quietus est to the Sheriffs Attorney of the Pipe and to his man 04 06 08 For the Quietus est for the Recusants Cum multis aliis c. 01 00 00 But the Sheriff is at much more charge which is laid out and is disbursed during his Sheriffwick as experience will better inform him The Return of a Devastavit I R. S. Sheriffe of the County within named do certifie the Justices within mentioned that the within named A. B. hath before the coming of this Writ wasted to his own use converted divers goods and Chattels which were of the within named F. G. at the time of his death to the value of the debt and damages within specified and which came to the hands and possession of the said A. B. Executor of the same F G. to be administred So that the debt and damages or any parcel thereof of the goods and chattels of the aforesaid Testator F. G. I could not levy And I further certifie the aforesaid Justices that the within named A. B. hath no goods or Chattels of his own in my Bailywick whereof I may levy the damages aforesaid R. S. Esquire Sherif THe within named A. B. hath no goods or Chattels which were of the within named C. D. at the time of his death in her hands to be administred in my Bailywick whereof I may levy the debt and damages within mentioned or any parcel thereof nor any of her own proper goods or Chattels in my Bailywick whereof I can levy the damages aforesaid or any part thereof And I further certifie the Justices within specified That by T. I. and E. R. honest and lawful men of my Bailywick that I have made known to the said A B. that she be before the aforesaid Justices at the day and place within contained to shew c. as within it is commanded The residue of the execution of this Writ appeareth in a certain Inquisition hereunto anexed R. S. Esquire Sheriff AN Inquisition indented taken at A. N. in the County aforesaid the two twentieth day of Ian in the year of our Lord 1658. before me R. S. Sheriff of the County aforesaid By vertue of a Writ of his Highnesse the Lord Protector to me directed and to this Inquisition annexed by the Oath of G. H. and so to the number of twelve honest and lawfull men of my Bailywick who say upon their oaths that A. B. in the aforesaid Writ named wasted and to her own use converted divers goods and chattels which were of the within named C D. at the time of his death to the value of the debt and damages in the same Writ specified and which came to the hands of the same A. B. to be administred In witnesse whereof aswell I the said Sheriffe as the aforesaid Jurors to this present indented Inquisition have interchangeably set to our seals the same day and yeare first above written R. S. Esquire Sheriff BY vertue of this writ to me directed I have levied of the goods and chattels of the within named A. B. the whole sum of 80 l. which said moneys before his Highness at the day and place within mentioned I have ready to render to the within named C. D. for his debt and damages within specified as by this Writ it is commanded R. S. Esquire Sheriff By vertue of this writ I have levied of the goods and chattels of the within named A. B. the value of eight pounds sixteen shillings four pence which said moneyes before his Highness at the day and place within mentioned I have ready to render to the within named C. D. in part of his debt and damages within specified And I hereby further certifie his said Highnesse that the said C. D. hath no other or more goods or Chattels in my Bailywick whereof at present I may levy the residue of the aforesaid debt and damages according to the exigence of this Writ R. S. Esquire Sherif By vertue of this Writ to me directed I have taken of the Lands and Chattels of the within named A. B. that is to say one Messuage with the appurtenances in C. in my County of N. now in the tenure of one G. D. which the aforesaid A. B. at the time of my taking thereof held to him and his assignes for a certain term of years yet to come of the demise grant or assignment of one R. B. to the value of ten pounds which said Lands and Chattels as yet remain in my hands unsold for want of Buyers by reason whereof those moneyes before the Justices within mentioned at the day and place within contained I cannot have to render to the within named C. D. As within it is commanded R. S. Esquire Sherif I hereby certifie the Justices within mentioned that after the execution of this Writ and
before the return of the same E. L. Knight late Sheriffe of the County aforesaid and that this Writ so as above indorsed and returned was delivered to me R. S. Esquire now Sheriffe of the County aforesaid by G. T. under-Sheriff of the aforesaid E. L. late Sheriff of the County aforesaid R. S. Esquire Sherif I hereby certifie the Justices within written That the Lands and Tenements which were of the within named F. B. the same day and year within mentioned in which judgement of the debt and accompts within specified was rendred are and yet be in the hands of our Soveraign Lord the King in his Court of Wards and Liveries by reason R. B. Gent. Tenant of the Lands and Tenements aforesaid hath not yet sued forth his Livery of the Lands aforesaid in the Court aforesaid Therefore to the execution of this Writ I may not proceed as within it is commanded R. S. Esq Sherif An Inquisition indented taken at W. in the County aforesaid the day of Ianuary in the year of our Lord one thousand six hundred fifty eight before me R. S. Esquire Sheriffe of the County aforesaid by vertue of a Writ of his Highnesse the Lord PROTECTOR to me directed and ro this Inquisition annexed by the oath of M. P. and so to the number of twelve honest and lawfull men of my Bayliwick who say upon their oaths that H. S. in the said writ named was seized in his Demesne as of see the fourteenth day of June in the year of our Lord one thousand six hundred fifty in the same writ mentioned of one Capital Messuage with the appurtenances with five acres of Lands six acres of Meadow and eight acres of Pasture scituate and being in Br. in the County aforesaid of the cleer yearly value in all issues above reprises forty shillings And the said Jurors further say upon their oaths that the said H. S. hath not any other or more Lands or Tenements the said fourteenth day of June abovesaid nor at any time since nor any goods or Chattels at the day of taking this Inquisition in my Bailiwick to the knowledge of the said Jurors the moyety of all and singular which said Messuage Lands Tenements and premisses that is to say the said Capitall Messuage and the said five acres of Land and the six acres of Meadow I the said Sheriff the said day of taking this Inquisition have caused to be delivered to T. C. in the said Writ also named to hold to him the said T. and his Assignes as his Free-hold according to the forme of the Statute in this case made and provided untill the debt and damages in the same Writ mentioned shall thereof be fully levied In witnesse c. Otherwise untill the said T. C. in the said writ also named shall be fully satisfied of his debt and damages in the same writ mentioned In witness c. R. S. Esquire Sheriff The within named A. B. is not found in my Bailywick The residue of the execution of this Writ appeareth in a certain indented Inquisition hereunto annexed R. S Esquire Sheriff An Inquisition indented taken at I. in the County aforesaid the one and twentieth day of October in the year of our Lord 1658. before me R. S. Esquire Sheriff of the same County of N. By vertue of a Writ of His Highnesse the Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging to me directed and to this indented Inquisition annexed By the oath of H. S. and so to the number of twelve at least good and lawfull men of my Bailywick who say upon their Oath that R. T. in the aforesaid writ named the twentieth day of A. in the year of our Lord 1657. in the same Writ mentioned on which day the said R. T. became debtor to his Highnesse Oliver late Lord Protector in the aforesaid also mentioned was seised in his Demesn as of fee of and in one Messuage with the Appurtenances five acres of Land sixe acres of Meadow and eight acres of Pasture scituate lying and being in F. in the County aforesaid now in the tenure and occupation of J. G. or his Assignes of the cleer yearly value in all Issues above reprises 10 l. All which said Messuage Lands and Tenements with the Appurtenances I the said Sheriffe the same day of the taking this Inquisition have taken and seised into the hands of his Highnesse Richard now Lord Protector as by this Writ it is commanded And the same Jurors say upon their Oath that the aforesaid R. T. at the day of the taking this Inquisition is seised in reversion when it shall happen after the death of C. Widow in his Demesn as of Fee of one Messuage with the Appurt six acres of Land 5 acres of Meadow and 12 acres of pasture scituate lying and being in H. in the foresaid County of N. and now in the tenure and occupation of the same C. widow And that the aforesaid C. widow is now living so that at present the said Messuage Lands and premisses in H. aforesaid are worth nothing But after the death of the said C. widow will be of the cleer yearly value in all Issues above reprises 8 l. The reversion of which said Messuage Lands and Premisses with the Appurt in H. aforesaid when it happens I the same Sheriffe have also the same day of taking this Inquisition taken and seised into the hands of his Highnesse the Lord Protector according to the exigence of his Highnesse said Writ And moreover the said Jurors say upon their oaths that the above named R. T. at the time of the taking this Inquisition was and is possessed of all the Goods and Chattels severally mentioned comprised apprised and valued in a certaine schedule to this indented Inquisition annexed as of his owne proper Goods and Chattels and that the whole value of the same Goods and Chattels is forty shillings Which goods and Chattels the same day of the taking this Inquisition I the aforesaid Sheriffe have likewise seised into the hands of his said Highnesse the Lord Protector And the same Jurors further say upon their Oath that the same day of the taking this Inquisition R. J. of G. in the County of N. aforesaid Yeoman was indebted to the above named R. T. in the whole sum of twenty pounds for Rent And also that there is now in the hands of the same R. J. divers Goods and Chattels of the said R. T. that is to say one long Table c. which goods and Chattels together are of the value of 40 s. All which said debt of twenty pounds and the Goods and Chattels of the said value of 40 s. l the Sheriff aforesaid the same day of the taking of this Inquisition have also seised into the hands of his said Highnesse the Lord Protector as in the hands of the aforesaid R. I. And the aforesaid Jurors moreover say upon their Oaths that the within named
and grant to and with the said E. F. his Executors Administrators and every of them that if the said A. B. his Heirs Executors Administrators and Assignes shall or may be relieved saved harmlesse or indempnified for and concerning the fore-recited covenants and agreements by the sayd C. D. his Executors and Assigns and his sureties that then he the said A. B. his Executors Administrators or Assignes shall or will not take any benefit or advantage of the said covenants and agreements against the said E. F. his Heirs Executors Administrators or Assignes or any his sureties or any of them In witnesse whereof c. Or Thus. THIS INDENTURE made c. in the year c. Betweene A. B. of R. in the County of Yorke Esq now high Sheriffe of the said County of the one part and C. D. of c. in the said County Gentleman of the other part Whereas his Highnesse RICHARD Lord Protector of the Common wealth of England Scotland Ireland and the Dominions and Territories thereunto belonging By his Highnesse Letters Patents under the Great Seale of ENGLAND bearing date the seventeenth day of this instant November have made nominated constituted assigned and appointed the said A. B to be High Sheriffe of the said County of YORKE during his pleasure Now this Indenture witnesseth That the said A. B. for the good opinion which he hath conceived of the said C. D. and of the trust and confidence which hee reposeth in him hath deputed assigned constituted and ordained and by these presents doth depute assigne constitute and ordaine him the said C. D. to be his Under-sheriff of for and in the said County of Yorke during all the time that he the said A. B. shall be and remaine Sheriffe of the said County by force of the Letters Patents aforesaid and doth hereby authorize the said C D. to serve exercise and execute the said Office of Under-sheriffe of the said County under him the said A. B. in his name during all the time aforesaid And the said A. B as farre as in him lyes doth also by these presents grant unto the said C. D. that it shall and may be lawfull to and for the said C. D. by force hereof to appeare answer and serve and minister as Under-sheriffe of the said County of York for and in the name of the said A. B. as well in all places of the said County of York as in all and every the Court and Courts within the Common-wealth of England and before all and every the Justices of Oyer and Terminer Justices of Assize and Goal-delivery Justices of the Peace Coroners and Escheators and other Officers and Commissioners of this Common-wealth where the said A. B. by vertue of the said Office of Sheriff-wicke for the said County of YORKE shall be bound or ought to appeare answer serve or be attendant and to breake open answer returne and execute for him the said A. B. in his name all Processe VVrits Precepts VVarrants Mandates and Commandements to the Sheriffe of the said County directed or hereafter to be directed out of any the Courts aforesaid or from any the Justices Coroners or Escheators aforesaid and to doe performe and execute for him the said A. B. and in his name all and every thing and things which by him the said A. B. by vertue of his Office of Sheriff-wicke of the said County of YORKE is to be performed executed and done saving alwayes and excepting the said C. D. shall not by vertue thereof be authorized to open returne send or execute any VVrit or VVrits for electing any Knights of the Shire or Burgesse of Parliament for the said County of YORKE or any Burrough within the said County nor open execute or answer any the Letters of his Highnesse the LORD PROTECTOR or the Councell to bee directed unto the said Sheriffe of the said County of YORKE without the speciall warrant direction or Commandement of him the said A. B. for that purpose And further the said A. B. doth by these presents grant unto the said C. D. for the executing of the said Office all the Fees Duties and Profits to him due arising and growing by the County Courts to be kept within the said County of YORKE and all other fees rewards duties allowances and profits incident to the office of Sheriffe-wicke or thereunto belonging for which the said A. B. is or shall be allowed by the Common Lawes of this Nation or customes of the said County either for the opening returning or executing of any VVrit Precept or Processe Warrant or Commandement whatsoever or for other executing of the said office and which have not beene accepted heretofore the ordinary Fees of any other his Bayliffs or other Officers to have and enjoy the said duties fees rewards allowances and other profits to his owne use without an accompt to be rendered to the said A. B. his Executors or Administrators for the same And the said C. D. for and in consideration of the benevolence aforesaid and for the free gift and grant of the said A. B. doth for himself his Heirs Executors Administrators and Assignes and every of them covenant promise grant and agree to and with the said A. B. his Heirs Executors and Administrators and Assignes by these presents that he the said C. D. shall and will at all times from and after the day of the date of these presents duely diligently lawfully and carefully serve the said A. B. as his Deputy and Under-sheriffe of in and for the said County of YORKE without doing or committing any kinde of extortion or wilfull mis-behaving of himself in the said office and shall and will duely and respectively execute the said office of Sheriff-wicke under the name of the said A. B. in all points so farre forth as these presents the LAWES of the LAND or other Licence or Commandement of the said A. B. shall warrant or give liberty and shall and will in the name of the said A. B. and as his Deputy in the said office of under-Sheriff of the said County of Y. be answerable attendant and minister in all Courts of his Highnesse the Lord Protector by and before the said Justices of Assize Justices of the Peace and all Commissioners Escheators Coroners and other Officers of his Highnesse the Lord Protector before whom the said A. B. shall be bound or required to Minister answer or be attendant in respect of the said office of Sheriffwick for the said County and shall and will execute and make answer true and sufficient return of all such processe writs precepts and commandments directed from his said Highness or from every or any of the said Courts Justices Commissioners Escheators and other Officers aforesaid as shall be delivered to or come to the hands of him the said C. D. his Deputie or Deputies Assignee or Assignes or shall and will discharge and save harmlesse the said A. B. his heires Executors and Administrators and his
and their and every of their Lands Tenements Goods and Chattels of and from all fines issues and amerciaments and other penalties forseitures paines corporall and pecuniary whatsoever whereby or wherewithall the said A. B. his heires executors or administrators or his or their Lands Tenements Goods or Chatels shall or may be charged or chargeable for his the said A. B. or the said C. D. not executing not filing neglecting mis-executing evill returning not serving mis-returning or mis-filing any of the said Writs Processe Precepts Warrants or Commandments aforesaid or for the absence evill attendance or not attendance of the said A. B. or of the said C. D. or his Deputy as aforesaid or other misdemeanors in the executing not executing or misexecuting of the said office in any thing which the said C. D. might by vertue of these presents by himselfe or his Deputies execute or performe other then from such fines issues amerciaments and other penalties as shall be imposed or adjudged upon or against the said A. B. for or in respect of any offence sault or negligence by the said A. B. at any time after the day of the date of these presents committed omitted or done or to be committed omitted or done by himselfe in his own person or by any other except the said C. D. by his the said A B. his commandment or appointment without the consent of the said C. D And that the said C. D. shall himselfe or his sufficient Deputy or Deputies duly and lawfully keep or cause to be kept within the said County of Y. all and singular County Courts of the said County at such times and places as heretofore hath been accustomed And that he the said C D shal and will make and appoint one or more Attorney or Attorneys Deputy or Deputies of Record in the Courts of Record now commonly called the Upper Bench Common Bench and Exchequer and in all other Courts and Offices wherein Attorneys are commonly appointed And so shall and will ordain appoint and make one or more able Deputy or Deputies for him the said A. B. in every hundred within the said County of Y. according to the Lawes and Statutes in these cases provided so that the said A. B. shall not hereafter be liable to any penalty or forfeiture for want of any such Attorney or Deputy And shall and will at his own proper costs and charges appear and make ready all such place and places where the Assizes Goal-delivery or Sessions shall be from time to time holden meet and convenient Courts Bars and all other things necessary and convenient for the Justices of Assize and other Justices to keep their Assizes and Goal-delivery and Sessions in and shall and will from time to time give notice in convenient time to the said A. B. of every such time and times place and places where the personall attendance of the said A. B. shall be requisite and necessary so as the said A. B. may be personally present at such times and places when and where his personal appearance and attendance shall be necessary And furthermore that the said C. D. by and during the continuance of the said office shall and will well and truly collect levy gather and seize to the use of his Highnesse the Lord Protector all the goods and chattels of selons and fugitives and of all persons outlawed and put in Exigent and of all persons attainted and convicted of treason murder or felony which shall happen within the said County of Y. during the time aforesaid which shall be due or forfeited to his Highnesse the Lord Protector by any wayes or means aforesaid And shall and will from time to time well and truly collect and gather up all Fines Amerciaments Extracts Certainties Fee-farms Pipe-silver for License Concord for Fines Green wax and all other sum and sums of money which to the collection of the said A. B. by reason of the Sherifwick of the said County shall appertain or belong and which the said C. D. shall have warrant or lawfull Authority to seize levy or collect or which he shall have notice of and may reasonably come by and thereof and of every part thereof and of all other the issues and revenues of the said County and of all sums of money due or hereafter during the continuance of the said Office of Sheriffwick of the said County doth or may appertain shal and will to his Highnesse the L. Protector in the Court of Exchequer aforesaid yield and give just accompt and asso that he the said C. D. his Executors or Administrators at such days and terms as he the said A. B. is or shal be required to enter into accompt of the Court of Exchequer for or touching the said Office the said C. D. shall and will enter into accompt in the said Court of Exchequer in the name of the said A. B. for and concerning the said Sherifwick of the said County of Y. in and upon which accompt the said C. D. his Executors and Administrators shall and will truly answer all such debts duties and sums of moneyes as the said C. D. his Deputies Officers or servants or any of the Bailiffs of any of the Hundreds of the said County shall have received or might have received or wherewith the said A B. as Sheriff of the said County shal be any ways charged or chargeable with upon the same accompt And the same accompt shall and will at his the said C D. his own costs and charges prosecute with effect untill the same accompt be fully finished and concluded without demanding any allowance or allowances of the said A. B. his executors or administrators for the same And also that the said C. D. his executors and administrators shall and will pay into the Receipt oâ— Exchequer all such summes of money as upon the said accompt shall be found in arrearages within one year next after the feast of S. Michael next ensuing the date hereof and in the name of the said A. B. obtain a lawfull discharge and Quietus est out of the said Court of Exchequer for him the said A. B. and the same shall and will deliver unto the said A. B. his heirs executors or assignes for a full discharge of him the said A. B his heirs executors admistrators and assignes or concerning the said Sherifwick of the said County of Y. within one year next after the said feast of S. Mich. and that the said C. D. his heirs executors administrators and asgnes or some or one of them shall and will at some or one of their owne proper costs and charges disburse and pay for the said A. B. all and all manner of sees duties charges summ and summs of money rewards gratuities and demands whatsoever which shall be required demanded or demandable of the said A. B. as due or accustomed to be paid or given by the Sheriff of the said County for or by reason of the said
Appeal he shall never be received to make his Appeal afterwards Note That an Appeale of Death may be commenced before the CORONER and Processe awarded to the Exigent but the Pleashall not be determined before him Br. Appeale 62. the end Corone 82. Westminster 1. Cap. 10. The Sheriff shall have counter-rolls with the Coroners aswell of their Appeals as of Enquests of Attachments and of other things which to that Office appertains An Appeale of Murther by the wife of him that is slain A. B. the late Wife of C. B. in proper person instantly Appeales E. F. late of S. in the County of YORKE Gent. in the custody of H. R. Sheriffe of the County aforesaid and to the Barre brought in her owne person of the death of the aforesaid C. B. late her Husband of that that where the same C. B. the tenth day of May in the yeare of our Lord 1658. was in the peace of God and the said Common-wealth working and labouring in digging of Lime-stones in the Land of T. W. Esq called R. in a certaine place there called a stone Delph or pit at S. in the County aforesaid where there came the aforesaid E. F. as a Felon of the said Common-wealth and by assault and of malice fore-thought upon the aforesaid C. B. the said tenth day of May in the yeare c. aforesaid about the seventh houre in the forenoon of the same day by force and armes that is to say with staves knives swords c. at S. aforesaid in the place aforesaid an assault made and the same C. B. then and there feloniously and wilfully slew and murthered and the same C. B. so slain incontinently layd in a coner of the said stone delph or pit and covered him with the Lime-stones then and there lying in the said stone delph or pit in the Parish of S. in the County aforesaid against the publique peace and as soon as the same Felon the felony and murther aforesaid had done fled and the aforesaid A. B. then freshly pursued from Towne to Town as farre as four Townes next and farther untill c. And if the aforesaid E. F. the felony and murther aforesaid done will deny then the aforesaid A. B. is ready the felony and murther aforesaid against them to prove as the Court here c. and she found pledges of Prosecution of this Appeale to wit J. D. and R. R c. If the Appeale be by the heire of the person murthered then thus A. B. next of blood and Son and Heire of C. D. in proper person Appeals E F. late of S. in the County of Y. Gent. and G. H. late of R. in the County aforesaid Esquire in the custody of H. B. Sheriffe of the County aforesaid and to the Barre brought in his owne person of the death of the aforesaid C. D. lately his Father of that that where the same C. D. the day of c. in the yeare c. An Appeale of Mayheim A. B. in his proper person Appeales C. D. of S. in the County of Yorke Esquire for that that where A. B. was in the peace of the Common-wealth now at c. the same C. D. came and made an assault upon him of fore-thought malice and armed in such a manner cut off the right hand of the said A. B. or with such staffe struck him upon the head whereby he pierced the scull of his head or with a stone struck out his three fore-teeth whereby he maymed him feloniously and as soon c. and if c. the same A. B. this is ready against him to prove as the Court c. Of wounding thus A. B. in his proper person c. of that that where the said C. D c. the said A. B. with such a weapon strucke him and wounded him in such a part of his body which wound contained so much in length so much in breadth and so much in depth and this wound he gave him feloniously and as soone c. and if c. the same A. B. this is ready against him to prove as the Court c. An inquisition in Man-slaughter AN Inquisition indented taken at the Parish of S. in the County of Middlesex the 25th day of March in the yeare of our Lord 1659. before T. E. Gent. one of the Coroners of the County aaforsaid upon view of the body of W. F. then and there lying dead by the Oaths of I.W. R.W. H.P. I.A. I.B. L.S. ML I.K. S.B. W.H. R.G. N.D. good and lawfull men of the Parish aforesaid and of foure other Townes in the County aforesaid the said Parish next adjoyning who being sworne to enquire for the LORD PROTECTOR of the Common-wealth of England Scotland and Ireland c. When and by what meanes the said W. F. came to his death say upon their Oaths that the said E. L. late of the Parish of S. aforesaid in the County aforesaid Labourer the twentieth day of March in the year of our Lord 1659. aforesaid not having the feare of God before his eyes but being moved and seduced by the instigation of the Devill with force and armes c. at the Parish aforesaid in the County aforesaid in and upon the said W. F. in the peace of God and in the publique peace then and there being feloniously did make an assault And that the said E. L. the said W. F. then and there to the ground did throw and cast downe and the said E. L. with the left hand and both the feet of him the said E. L. the aforesaid W. F. so as aforesaid upon the ground lying in and upon the breast felloniously did strike beate and kicke giving to the said W. F. then and there with the said left hand and both the feete of the said E. L. in and upon the breast of the said W. F. one mortall bruise of the length of sixe inches and of the bredth of four inches of which said mortall bruise the said W. F. then and there instantly languished and lived languishing from the said nineteenth day of March untill the said 20th day of March on which said twentieth day of March in the yeare aforesaid the said W. F. at the Parish aforesaid in the County aforesaid of the mortall bruise aforesaid dyed And so the Iurors aforesaid upon their Oaths aforesaid do say that the said E. L the aforesaid W F. felloniously did kill and slay in manner and forme aforesaid against the publique peace What Goods and Chattels the said E. L. had at the time of the Felony aforesaid in manner and form aforesaid by him done and committed to the said Jurors is altogether unknown In witnesse whereof as well the Coroner aforesaid as the Jurors aforesaid to this Inquisition have set their Seales the day and year first above written An Inquisition in Man-slaughter where one was starved and perished for want of sustenance AN INQVISITION indented taken at Hamstead in the County of Middlesex the 20th day
of December in the yeare of our Lord God 1658. before I. G. Gent. one of the Coroners of his Highnesse the Lord Protector of the Common-wealth of ENGLAND c. of the County aforesaid upon view of the body of W.T. there lying dead and slaine By the Oath of R.H. W.P. T.E. M.W. I.M. N.D. A.P. P.B. R.B. R.C. I.B. E.F. I.W. I.C. I.H. D.C. I.S. I.M. good and lawfull men of Hampsteed aforesaid and of foure other Villages in the County aforesaid to Hampsteed aforesaid next adjoyning who being charged and sworne to enquire how when and after what manner the said W. T. came to his death doe say upon their Oaths that I. B of W. in the County aforesaid Taylor and S. his Wife not having God before their eyes but being moved and seduced by the instigation of the Devill the 20th day of November in the yeare of our Lord God 1658. aforesaid with Force and Armes c. at W. aforesaid in the County aforesaid in and upon the said W. T. then the Apprentice of him the said I. B. in the peace of God and in the publique peace then and there being feloniously wilfully and of their malice afore-thought did make an assault and that she the said S. then that is to say the said 20th day of November in the yeare aforesaid and divers other dayes and times as well before as after at W. aforesaid in the County aforesaid feloniously wilfully and of her malice afore-thought did withhold and with-draw from him the said W. T. and did not allow and give unto him the said W. T. good and sufficient Foode sustenance raiment lodging physicke and other necessaries with the intent the said W. T. for want thereof should miserably languish perish and dye of which said with-holding and with-drawing from him the said W. T. and not giving and allowing unto him the said W. T. good and sufficient food sustenance rayment lodging physicke and other necessaries by her the said S. the said W. T. from the said zoth day of November in the yeare aforesaid untill the 15th day of December then next ensuing in the yeare aforesaid at W. aforesaid in the County aforesaid miserably did languish and languishing miserably lived on which said 15th day of December in the yeare aforesaid the said W. T. for want of good sufficient food sustenance rayment lodging physicke and other necessaries at W. aforesaid in the County aforesaid miserably perished and dyed and that he the said J. B. together with the said S. his Wife at the time of the Felony and Murder aforesaid by the aforesaid S. in manner and sorme aforesaid done and committed Feloniously and wilfully and of his malice afore-thought was present abetting ayding assisting comforting and maintaining the said S. the said W. T. in manner and forme aforesaid to kill and murder And so the Jurors aforesaid do say upon their oath aforesaid that they the said I. B. and S. his Wife the said W. T. in manner and forme aforesaid seloniously wilfully and of their malice afore-thought did kill and murther against the publique peace c. And so the said W. T. came to his death and not otherwise nor any other manner then is as abovesaid what Goods and Chattels Lands or Tenements the said I. B. and S. his Wife at the time of the Felony and Murther aforesaid by them the said I. B. and S. his Wife in manner and forme aforesaid done and committed or any other time afterwards unto the taking of this Inquision had they the said Jury are altogether ignorant of In witnesse whereof as well the said Coroner as the said Jurors to this Inquisition have set their Seales the day and yeare first above written Inquisition where one is slaine by misfortune by a Cart loaden with hay AN Inquisition indented taken at c. Who say upon their Oaths that the aforesaid A. B. the tenth day of May in the yeare c. abovesaid at S. aforesaid in the County aforesaid going with his Cart from S. aforesaid to L. in the said County by the way between S. and L. aforesaid that is to say at c. aforesaid in the County aforesaid his said Cart loaded with Hay fell upon the body of the said A. B. and so bruised and brake his body that of that bruising and breaking the aforesaid A. B. then and there instantly dyed And so the Jurors aforesaid upon their Oaths aforesaid say that the aforesaid A. B. in manner and forme aforesaid by mis-forture to his death came And further the Jurors aforesaid upon their Oaths aforesaid say that then and there four horses with the Cart aforesaid and their load of Hay containing in weight by estimation fourty stone moved to death the aforesaid A. B. and that the aforesaid foure horses are of the price of eight pounds and ten shillings and that the aforesaid Horses and Cart remaine in the custody of C. D. of S. aforesaid to wit the late Wife of the aforesaid A. B. and that the aforesaid fourty stone of Hay is of the value of fourty five shillings and eight pence and remaine in the custody of E. F. of S. aforesaid Gent. In testimony whereof aswell the Coroners aforesaid as the Jurors c. Another where one by misfortune is slain by the fall off a Scaffold AN Inquisition indented taken c. who say upon their Oaths that the aforesaid P. H. the 25th day of August in the year c. abovesaid at St. K. aforesaid in the aforesaid County did set up a certaine Scaffold made of Deales and Fir-poles to the House of I. B. scituate and being at St. Katherines aforesaid there to tyle the said House And E. W. having M. C. the Daughter of W. C. an Infant in her armes going in the common High-way by the said House and the said P. H. being at worke alone then and there on the said Scaffold And the said Scaffold being made with rotten Timber one of the Fir-poles bearing the said Scaffold did break so that the said Scaffold did fall on the head of the said M. C. and the scull of the head of the said M. C. a little above the left eare of the said M. C. then and there did mortally bruise and breake of the length of two inches and of the breadth of one inch of which said mortall bruise and break the said M. C. instantly languished and lived languishing from the said 25th day of August in the yeare aforesaid untill the seven and twentieth day of the same moneth of Aug on which said seven and twentieth day of August in the yeare aforesaid the said M. C. at the Liberty aforesaid in the County aforesaid of the said mortall bruise and break dyed And so the Jury aforesaid upon their Oaths aforesaid say that the said H. P. the said M. C. did slay and kill by misfortune and against his will in manner and forme aforesaid What Goods and Chattels the said H. P. had at the time of the
Man-slaughter my mis-adventure in manner and forme aforesaid by him committed and done against his will to the said Jurors is altogether unknown In witnesse whereof as well the Coroner aforesaid as the Jurors aforesaid to this Inquisition have set their Seales the day and year first above written An Inquisition where one drownes himselfe AN IN QVISITION indented taken c. Who say upon their Oaths that the aforesaid A. B. the second day of May in the yeare c. aforesaid about the houre of eight in the Morning of the same day not having GOD before his eyes but by instigation diabolicall seduced and moved of his malice fore-thought at M. aforesaid in the County aforesaid then and there alone being in a common River there himselfe willingly and feloniously drowned And so the Jurors aforesaid upon their Oaths aforesaid say that the aforesaid A. B. in manner and forme aforesaid then and there willingly and feloniously as a Felon of himselfe himselfe flew and murthered against the peace c. In witnesse whereof as well the said Corouers as the said Jurors c. If one hang himselfe then the Inquisition thus AN IN QVISITION indented the hour c. not having GOD before his eyes but by the instigation of the DEVIL feduced and moved at S. aforesaid in a certaine Wood or Grove to the said S. adjoyning then and there alone being with one Hempen Rope of the value of one penny which he then and there in his hands had and held and one end thence about his necke then and there put and one end thence about the bough of a certaine Oake tree bound and himselfe then and there with the rope aforesaid wilfully and feloniously hanged and strangled And the Jurors aforesaid upon their Oaths aforesaid say c. SHERIFFS TOURN AND Court-Leet Of the Originall of first Institution of them ALFRED Governour of this Common-wealth in the year of mans redemption 872. was the first institutor of this Court which we now determine to treat of then called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is to say the Assembly of the Shire Sheriffs Tourn and sometimes called the Sheriffs moot It seems to have the appellation of Sheriffs Tourn of the French word Tour viz. Ambitus circuitus vicissitudo and is by Britton styled Tour cap. 61. sub fine capitis as if we should say The Sheriffs course or perambulation For as Britton noteth in his 29th Chapter that which before the Sheriffe is called the Sheriffs Tourne is called in the Court of Franchises and Hundreds The view of Frank-pledge Wherein enquiry is specially made of such as be not in any Dozin with whom Fleta accords And by Fleta it appeareth that this Tourn was the Sheriffs course to keep his Tourn in every Hundred l. 2. cap. 52. Habet etiam rex eur ' suam in turnis vic' vicibus Hundred ' c. And in many Books it's denomination is the Kings Leet and Sheriffs Leet Two Courts were assigned to the Sheriffe by the said Alfred by which two Courts the whole County was governed viz. the County or Shire Court for one man to have remedy against another in any matter arising between them under fourty shillings And the Sheriffes Tourn unto which every man within the County above the age of 12 yeares and under 60. are compelled to come that they might not be ignorant of the things there published or given in charge whereby they were to be governed and this was called Suite reall by reason of their Allegiance Unto which they were sworn to be true and loyall to the King And it was learnedly spoken by a reverend Judge Justice Flemming in a Speech of his concerning the necessity of Sheriffs Tourns and Law-dayes who said that it was Schola insigniendi juvenes a School to direct and instruct young men in the ancient Lawes of the Common-wealth and to prepare them for greater employment at more great Conventions as the Assize Gaole-delivery or Sessions of the Peace Now because the people did undergo great trouble and vexation in travelling to the Sheriffs Tourn Leets or View of Frank-pledge were granted to Lords of Mannors within certain precincts yet this Court in whose Mannor soever it is kept is accounted the Kings Court because the authority thereof is originally appurtenant to the Crowne and thence derived to inferiour persons And Dyer likewise saith that this Court was first derived from the Sheriffs Tourn This Court is a Court of Record in all things that appertain to the Tourne or Leet and Sheriffe of the Tourne or Steward of the Leet are therein Judges of Record For whosoever hath the Leet hath the same authority within the Precinct as the Sheriffe hath within the Tourn Of the power and authority of the Judge of the COVRT THe Steward or Judge hath a double power and authority in the Court. 1. Election of Officers 2. Correction or punition of offenders In that of punition a double Act is to be respected 1. Actus Curiae the act of the Court. 2. Actus Patriae the act of the Countrey or Jury The authority of these two Acts do encounter with two sorts of offences or misdemeanors being furnished with a double weapon 1. Fine 2. Amerciament The one sort of offences are Extra curiam The other sort are In curia 1 Now to oppose and subdue those extrinsicall offences viz. those that are Extra curtam The Jurors that are sworn to present have peculiar cognizance and therefore authority and power to present them and to assess Amerciaments 2 The second weapon to oppose intrinsicall offences viz. those that are in curia which offences are either in omitting or neglecting a duty enjoyned which ought to be performed by the Jurors Constable Bayliffs c. or in committing some contempt and disorder in the face of the Court by any Officer or Suitor The Steward hath cognizance and may punish it by Fine without enquiry by the Countrey As If a suitor being sworn of a Jury shall refuse to make a presentment there or if he do depart without giving up his Verdict or if he refuse to be sworne the Sheriffe or Steward may impose a reasonable Fine upon him He may impannell a second Jury to enquire of the defaults and concealments of the first and to fine them for their offence For default of resians he may compell a stranger coming within the View to be of the Inquest What may be enquired of in this Court THe Steward may enquire of severall particular misdemeanors comprized and enumerated in the Statute of 18 E. 2. even from the highest Treason to the lowest Trespasse though not here punishable Which so farre as they may concerne the modern jurisdiction of our present times such as are neither absolute nor antiquate you shall finde in this ensuing Tract viz. In the charge of this Court What things are not to be enquired of in this Court
Court by force and Armes c. willfully and feloniously of malice by him pretended did burn the house of one E. F. against his Highnesses peace and the peace of the Commonweall therefore the Bayliff is commanded to seise all his lands and tenements goods and chattells that he may answer for them to the Lord of this Mannor A Presentment of a Felon ALso they present That A. B. of c. Yeoman ' such a day c. at S. within the Jurisdiction of this Court by force and arms c. and against the publick peace the Close of C D. at S. aforesaid broke and entred into and one silk coat called Tabby of an Ash colour of the goods and chattels of the said C. D. then and there found feloniously took and carryed away Therefore it is commanded the Bayliff c. A Presentment of an Accessary ALso they present that A. B. of S. aforesaid gent. such a day c. at S. aforesaid within the Jurisdiction of this Court did councel provoked procured encouraged and abetted one C. D. c. one Cow of black colour c. of the chattel price c. of one c. then and there found feloniously to steal take and drive away and the said C. D. by vertue of the councel provocation procurement encouragment and abetment the aforesaid c. the said black Cow such a day c. year c. felloniously stole took and drove away c. The Oath of the Steward YOu shall swear that you well and truly shall serve the Lord of this Mannor of S. in the office of Steward and truly to see all plaints actions processe and matters in the Courts to be holden before the Lord of this Mannor and by you or your sufficient deputy according to the custome and Libertyes of the said Mannor to be entered and recorded as they ought to be after the best of your cuning skill and power taking for the same your due fees and the perquisites issues profits and amerciaments of the same Courts you shall justly and truly write and yearly extract for the levying and gathering thereof and you shall truly and diligently do and accomplish all other things appertaining to your said office after the best of your knowledge as near as Gods grace shall direct you So help you God c. The Oath of the Bayliff YOu shall swear that you shall well and truly serve his Highness the Lord Protector c. And the Lord of this Leete in the office of Bayliff for this year ensuing and shall well and truly collect all rents Revenues and other annual profits as shall be chargeable issuing out to you And of that you shall make and give a lawful account at the end of the same year and in every other thing appertaining to your office well and truly to discharge in your year ensuing So help you God c. The Oath of the Constable YOu shall swear that you well and truly shall serve his Highnesse the Lord Protector c. in the office of Constable-ship and as Constable of this Town of S. for and during the space of one whole year now next ensuing you shall endeavour your self to the utmost of your power to see the Publicke Peace kept and Watch and Ward observed and kept in this Town as hath been accustomed and as it ought to be likewise you shall endeavour your self to learn and understand the contents of the Statute of Winchester and diverse other Lawes and Statutes of this Nation made for the punishment of rogues vagabonds and sturdy beggars haunting and resorting within the precinct of your office and punish the offenders accordingly Also you shall punish all such persons as do or shall play at any unlawful games according to the Statute in that case made and provided You shall also have regard for the maintenance of Artilery within your said office and that you shall do and accomplish to the utmost of your power So help you God c. The Tithengman or petty Counstables Oath is after the same manner mutatis mutandis onely the Tithingman is sworn to attend on the Constable if he be required when he shall execute his Office Of the Affeerer and his Oath But first let us inquire what he is and from whence his name is derived Minsh saith that Affeerer cometh of the old French word Affeur'er which is to tax or fine and in Latine they are called Affidati as it were men put in trust and appointed to this Office which do affirm upon their Oathes what penalty they think in their conscience the offenders have deserved so that they may mulct such as have committed any fault which is arbitrably punishable and for which no expresse penalty is prescribed by statute The Oath is as followeth You and either of you shall swear that you will truly and indifferently tax assesse and affeer all such Amerciaments as are presented at this Court wherein you shall spare no man for love favour affection or corruption nor raise nor inhance upon any man of malice more grievous amercements then shall be thought reasonable according to the quality of the offence and the faults committed and not otherwise So help you God c. The Oath of the Ale-taster YOu shall well and truly swear that you shall well and truly serve his Highnesse the Lord Protector c. and the Lord of this Leete in the office of Aletaster or Assizor of this Liberty or Hundred for this year to come you shall duly and truly see from time to time that the bread brought to be sould be duly weighed and that the same to continue such weight according to the prices of wheat as by the Statute in that behalf is provided likewise you shall have diligent care during the time of your being in office to all the Brewers and Tiplers within your office that they and every of them do make good and wholesome Ale and Beer for mans body and that the same be not sould before it be assayed by you and then to be sold agreeable to the prices limitted and appointed by the Justices of Peace and all faults committed or done by the Bakers Brewers or Tiplers or by any of them you shall make known and present the same at this Court whereby due and condigne punishment may be inflicted upon them for their offences accordingly and in every other thing you shall well and truly behave your self in the said office for this year to come So help you God c. Of the Hayward Beadel or Greve and his Oath HAyward hath its derivation from the French word Haye i. e. sepes a hedge and Garde i. e. custodia a keeper of the hedges With us it signifies one that keepeth the Common heard of the Town and yet one part of his office is to look that they break not the hedges of inclosed grounds He is called by the Latines Bedellus i. e. oppidi vel civitatis servus You shall swear that you
shall well and truly serve his Highness the Lord Protector c. and the Lord of this Leete in the office of Hayward Beadel or Greve for this ensuing year and you shall duly and truly execute all Attachments and other process to you directed from the Lord or Steward of this Court and you shall present all pound breaches which shall be made within your office and also all Chattels Strayes and Waifes and in every other thing well and truly hold you in the same office So help you God c. It is usuall with Lords to grant their office of Bayliwick taking good securities in this manner A grant of a Bayliwick TO all to whom this present writing shall come A. B. of C. in the County of Y. sendeth greeting Know ye that I the said A. B. in the fidelity circumspection and due diligence of my beloved servant E. F. to me and my posterity hereafter to be done and performed very much relying and confiding Have made ordained and by this my present writing constituted the said E. F. of Town Mannor or Lordship of S. in the said County of Y. Collector and Receiver of all and singular my Rents Revennues Fines Amerciaments and Estreates of Court Leets or viewes of Frank-pledge there And of all other profits by reason of the said Court Leet or view of Frank-pledge any way arising emergent or coming to have hold exercise and occupie the said office to the said E. F. by himself so long as he shall well behave himself towards me and shall a true and just account of his Receits make unto me and the same shall well and truly pay and satisfie Takeing of me for his yearly wages 5l at the Feasts c. by equal portions by mine own hands after his account and full payment at every half year and the gifts rewards and emoluments to the same office due and accustomed In testimony whereof c. Curia Dominicalis OR COURT-BARON Of the first Original and Institution of Mannors and of this Court IF we labour to investigate the Antiquitie of Court-Baron we shall finde them as Ancient as Mannors themselves therefore we will inquire what a Mannor is together with the first institution of Mannors The word Mannor Manerium est nomen collectivum generale it comprehends Houses Lands Gardens trees c. and hath its Etimologie as some derive it a Manendo and then it taketh its name either from the Mannor House which the Lord maketh his dwelling place or else a manendo quia Dominus ac tenentes in Manerii sui circuitu cobabitant ac manent others compute its denomination from the Latin Manerium quasi Manurium because it is laboured with handy work by the Lord himself or which the Tenants are obliged to manure or else from the Lands remaining in the Tenants hands which are likewise tilled and manured others would have its appellation from the French word Manoir i. e. Mansions because the Lord remaineth there and hath his house which is called the principal house of the Mannor or from the French word Mesner which signifies to govern or guide because the Lord of a Mannor hath the guiding and directing of all his Tenants within the limits of his Jurisdiction and this is holden by some to be the most probable Etimologie and most consentaneous to the nature of a Mannor for a Mannor hisce diebus signifieth the Jurisdiction and Royaltie incorporate rather then the Lande or Scite When the pristine Kings of this Commonwealth who had all the lands of England in Demesne did conferr great quantities of land upon some great Personages with liberty to parcel the land out to other inferior Tenants reserving such duties and services as they thought convenient Such lands were called Mannors a Mannor consisting of two parts viz. 1. Demesne 2. Services And neither of them can make a Mannor without the other for a Messuage or Lands cannot be called demesnes without Tenants belonging to them to pay Rent and do services so on the other part though a man have Tenants to pay him Rents and do him service and no Messuage or lands whereupon to keep his Court. and to receive his Rents and services this cannot be called a Mannor but onely a Signtory ingrosse F. N. B. 3. 8. Likewise a Mannor must be by prescription and the services by continuance time out of minde and therefore a Mannor cannot be created at this day by the Protectors Patent it being an hereditament consisting of many real things and incorporated together before time of memory then a multo fortiori a subject cannot creat one yet may he in some sort enlarge a Mannor by adding some services unto it 9. Ass pl. 24 Br. tit tenure 26. A Customary Mannor what it is and what may be a good Mannor to maintain Coppy-holders NOw though a Mannor by his proper nature ought to consist of Demesnes and Services Yet in some cases that may be a Mannor and maintain Coppyholders and a Court Baron by usuage and custome which otherwise by Common law is no Manor nor can be so called c. As if diverse do hold lands by Coppy of the Mannor of Dale and so have done time out of minde and the like time there hath been no Freeholders to the said Mannor although this be no Mannor in his proper nature yet by usuage and custome it is a good Mannor to maintain Coppyhoders Carthrops Readings 12. And in Coo. 11. 17. 18. Sr. Henry Nevils case it is cleerly resolved by the whole Court that there may be a Customary Mannor and held by Coppy and that such a Customary Lord may hold Courts and grant Coppies and that such a Customary Mannor may passe by Surrender and Admittance and that Fines shall be paid upon admittance as well upon alienation as upon discent and there may be also a Customary Lord Mesne and a Customary Tenant as in case where the Mesnalty is a Tenancy at will at the common law of a Mannor and also if such a Customary Mannor be forfeited the Lord shall have the customes and services as appertaining unto the same and it is there said that the Mannor of Aylesham in the County of Norff. is held by Coppy By what names a Mannor may passe A Mannor may pass by several names as it may be known by the name of Priory or Chantery as appeareth by the book of 17. E. 3. fo 8. where a feofment was made of a Mannor by the name of Knights fee and this is there held to be good this having usually carryed the name of Knights fee and the same may well pass by this name either by Fine or by Feofment and in another place a Mannor was cognitum vocatum by the name of seven yard land as well as by the name of Mannor and passed How Court Barons were first Instituted At the Creation of Mannors the King delegated Courts to the Lords where
or Idiot cannot be a Copyholder because they cannot do the service themselves nor depute any other and the Lord shall retain the Copyhold of an Ideot Carthrop fo 52. Nor a man cannot be a Copy-holder unto a Mannor whereof he himselfe is Lord although he be but Dominus pro termino annorum or in jure Vxoris ibidem Let us enquire what interest Copyholders have in their estates and that will appeare to be very strenuous for although Customary Tenants are termed in Law Tenants at will yet are they not simply so nor meerly Tenants at will for every Copyholder is but only Tenant at will secundum consuetudinem Manerii which custome warrants his possession and therefore it is a more certaine estate then an estate at will for the Copyholder may justifie against his Lord so cannot a Tenant at will whose estate is determined at the will and pleasure of his Lessor And although his estate is but by custome and by no conveyance the state is raised it is as materiall so as it be an estate and this estate being supported by custome is known in Law an estate and so attainted in Law and the same Law hath notably distinguished Copyhold Tenancies by custome and Tenancies at will by the Common Law for a Copyholder shall do fealty shall have ayde of his Lord in an Action of Trespasse shall have and maintaine an Action of Trespasse against his Lord his Wife shall be endowed the Husband shall be Tenant by the Courtesie without new admittance And it was adjudged in the Common Pleas 8 Eliz. That if a Copyholder surrender to the use of another for yeares the Lessee dieth his Executors shall have the residue of the terme without any admittance Mic. 14 and 15 Eliz. A Copyholder made a Lease for yeares by Indenture warranted by the custome it was adjudged that the Lessee should maintain Ejectione firmae although it was objected that if it were so then if the Plaintiff doth recover he shall have Habere facias possessionem and then Copyholds should be ordered by the Lawes of the Land 10 Eliz. Lord and Copyholder for life the Lord grants a Rent-charge out of the Mannor whereof the Copyhold is parcell the Copy-holder surrenders to the use of A. who is admitted accordingly he shall not hold it charged but if the Copyholder dyeth so that his estate is determined and the Lord granteth to a stranger de Novo to hold the said lands by Copy this new Tenant shall hold the Land charged Leonards rep first part fo 8. Mich. 25. 26 Eliz. Tenant by Copy of Court Roll hath an Inheritance by the custome but when he doth that which is contrary to the Custome he shall be then in no better condition then a bare Tenant at will Bolstrod 1 part fo 51. so that performing the duties and services according to the Custome doth so establish and fixe the estate that the same by the Custome of the Mannor is descendable and his heires shall inherit the same and therefore his estate is not meerly as I have said before ad voluntatem Domini but ad voluntatem Domini secundum consuetudinem Manerii so that the custome of the Mannor is the soule and life and also the chiefe basis upon which stands the whole fabrick of Copy-hold estates for without custome or if they break their custome they are subject to the Lords will And by custome a Copyholder is as well inheritable to have his land according to the Custome as he who hath a Free-hold at the Common Law for consuetudo est altera lex custome and usage time out of minde c. may create and consolidate Inheritances Consuetudo vincit legem 7 E. 4. Danby chiefe Justice said that a Copyholder is aswell inheritable to have his Land according to the Custome as he who hath Free-hold at the Common Law Co. 4. 21. If Tenant by custome paying his services be ejected by his Lord he may have an action of Trespasse 21 E. 4. 80. Co. 4. 22. If a woman Copyholder in Fee have a Husband who hath Issue and the Wife dyeth the Husband shall not be Tenant by the Courtesie without speciall custome Co 4. 22. If a Copyholder dye his heire within age the heire is not obliged to come to any Court during his non-age to pray admittance or to tender his Fine Also if the death of the Ancestor be not presented nor Proclamation he is not at any detriment although he be of full age Leonards rep first part fol. 128. Pasch 30 Eliz. B. R. Brownloes Rep. first part fol. 231. Swain and Becket a question was that whereas there is a Mannor wherein are Copyholders for life who used to lop Trees growing upon the Copyholds for their necessary fire and repaire of their customary Tenements the Lord of the Mannor maketh a Lease of the Mannor for yeares excepting the Trees The Lessee of the Mannor granteth a Copy for life the Copyholder loppeth his trees growing in his Copyhold whether or no he might doe it by Law was the doubt of the Iury. And it was held by all the Court Hill 6 Jac. that the Copyholder might lop the Trees because he is in by the custome which is above the Lords estate after he is admitted and that the Copyhold depends not upon the Lords interest And that the trees excepted and the soyle remained parcel of the Mannor because the Lease was but for yeares but if the Lease had been for life it had been otherwise because it had been severed from the Mannor But note that in Justice Crooks Rep. first part fol. 160. That a Copyholder for life may cut downe and sell Timber trees and dispose of them at his pleasure is a voyd and unreasonable custome and not allowable by Law for it is a destruction of the Inheritance and against the nature of a Copyholder for life For a Copyholder hath but a particular estate in the Land and so he hath in the Trees And it is unreasonable that he should cut downe sell and destroy the Inheritance and it would be to the great prejudice of those who succeeded for they should not have to maintain the house and the plough And it is against the nature of the estate of a Copyholder that he should do Acts in destruction of his estate therefore customs which maintaine them are allowable but not è converso Vide 24 E. 3. Barr. 77. 21 H. 7. 40. 11 H. 7. 14. 9 H. 4. Wast 59. If a Copyholder of inheritance grant his Copy-hold to one and his heires this shall descend and no Tenant by the Courtesie nor yet Dower shall be thereof without a speciall custome for the same Bolstrod second part fo 275. Mich. 12 Jac. If I give all my Lands Tenements and Hereditaments in D. my Copyholds do not passe Leonard Rep. first part 126. An estate tayle cannot be of Copyhold Lands unlesse it be in case where it hath
Copyhold to the Lord of the Mannor which hath the Mannor in lease for yeares the Copyhold estate is thereby extinguished And if a Copyholder come into Court and sayes that he is weary of his Copyhold and requests the Lord to take it this is a surrender for between the Lord and the Tenant a conveyance shall not need to be according to the custome for the Copyholder hath no other use of the Custome but onely to convey the Land to another Vide Co. 4. in his Copyhold cases that a Release by him who hath right to a Copy-hold to one who is admitted Copyholder extinguisheth the right of the Copyhold by Deed And if a Copyholder release to the Lord that extinguisheth the Copyhold although it be contrary to the nature of a release to give a possession Huttons Rep. fo 65. Blemerhassets case If the Copyholder surrender to the use of his right heires the Land shall remaine in the Lord untill the death of the Copyholder for then his heire is known c. See Dyer 99. Leonards first part rep 133. If a man seised of Copyhold land in the right of his Wife or Tenant in taile of a Copyhold doth surrender to the use of another in Fee the same doth not make any discontinuauce but that the issue in tayle and the Wife may respectively enter Leonards first Rep. fo 124. An Insant who surrenders his Copyhold land within age may enter at his full age without being put to any suit for it Poph. Rep. fol. 39. It was resolved by all the Barons of the Exchequer Pasch 4. Iac. That if a Copyholder surrender to the use of a younger sonne and dyes that this younger sonne cannot bring an Action till admittance but if the Copyhold be discended to the heire he may have an Action before admittance See Co. 4. fol. 22. Copyhold cases it was likewise said That all Copyholders of the KINGS Mannors may now have admittance into their Copyhold estates well enough and the order for the stay of their admittances which was made heretofore is now dissolved and quashed Lanes Rep. fol. 20. A Copyholder surrendred out of Court according to the Custome of the Mannor which at the next Court was presented and entry thereof made by the Steward viz. Compertum est homagium c. but no admittance and afterwards Cestuy que use surrenders before admittance and the first Copyholder surrenders to the Plaintiffe and in this case there was two questions First whether he may surrender before admittance The second was who shall have the land whether the Copyholder or the Lord and it was held that he could not surrender before admittance and the entry of the surrender doth not make admittance for this being the sole act of the Steward shall not binde the Lord and it is not like to the usuall forme of an admittance viz. Dat domino de Fine fecit fidelitatem admissus est inde tenens and it was agreed to and said that in Hare and Bricklegs Case the admittance of a Copyholder was compared to the induction to a Benefice which gives the possession Poph. fol. 128. A Copyhold cannot be surrendred to another by an Attorney without Deed but one may be admitted to a Copyhold estate by Attorney without a Deed. For there is a difference betwixt the passing of an estate and the receiving of an estate passed Prac. Regist tit Surrender 2. Apr. 1650. B. R. VVhat shall be said a reasonable Fine for a Copyholder to pay upon his admittance HIl 5 Car. Rot. 125. Dow and others against Golding in trespasse upon a Demurrer and the question was whether the Lord of a Mannor may assesse two years and a half value of land according to racked Rent for a Fine upon grant of a Copyhold and for non-payment entry for forfeiture And all the Court conceived that one yeare and a halfe of Rent improved is high enough and the Desendant assessing two yeares and a halfe it is unreasonable and therefore the Plaintiffe might well refuse the payment thereof and consequently the entry of the Defendant for a forfeiture not justifiable Crook 1 part fol. 142. VVhat shall make a Forfeiture of Copyhold estates and what not WEe now descend to Forfeitures of Copyhold estates both what shall be and what shall not be forfeited First In a Forfeiture of a Copyhold estate by making of a Lease of his Copyhold land contrary to the custome there ought to be very direct and certaine proof made of a certaine Lease with a certaine beginning and ending of it and likewise of any other thing supposed to be acted and done by a Copy-holder and contrary to the custome of the Mannor thereby to make a forfeiture of his Copyhold estate it must also appeare certaine to the Court for if a stranger shall come and make oath to this purpose it shall not be of any force or effect to prove a forfeiture especially if the Copyholder still continue in possession and so dyes seised of his Copyhold estate and never came in question till after his death And if such a presentment shall be allowed in the Lords Court upon an oath made by a stranger as to make a Copyhold estate every Copyholder might be in danger to lose his Copyhold estate Or if a Copy-holder did promise to make a Lease and it is not proved in facto that he did make the same this is no forfeiture of his Copyhold estate Or if a Copy-holder do make a lease of his Copyhold land and so a forfeiture being contrary to the custome of the Mannor if after this he continues still in possession and the Lord of the Mannor dyes and afterwards his Widow or he who hath the Mannor doth receive Rent from the Copyholder he shall never after acceptance of Rent take any benefit or advantage of the forfeiture Bolstrod first part fo 50. If a Lessee for life build a house upon his land and afterwards pulls it downe again this is a forfeiture of the Copyhold ibid fol. 50. If a custome be that a Copyholder may pull downe houses such a custome is not good if the custome be for a Copyholder to cut downe trees in this for the warranting of such a custom the difference will be this if he be a Copyholder of inheritance then such a custome to cut down trees for such a Copyholder will be a good custome but otherwise it is if he be a Copyholder for life there such custome is not good Ibid. fol. 51. If a Copyholder erect a house and pull it down again it is a cleare forfeiture of his Copyhold estate Ibidem 52. By the Law of the Land every Copyholder may make a Lease for a yeare without forfeiture Yet admit it be a forfeiture if the Lord take a surrender and enters not for the forfeiture but makes a Lease for yeares his Lessee shall not enter for the forfeiture for the Lessee cannot when
he must be attended by the property of Knowledge as to be expert in the lawes of the Countrey and the customes of the Mannor and have ability to instruct and direct the Bayliffs and other ministers in dubious things Let us now descend to demonstrate his retainer into office c. A Lord of a Mannor may by parol retain one to be Steward of his Mannor and to hold the Courts thereof as well as a Bayliff may be and that by word and this retainer shall be as effectual in all points before discharge as the most effectual institution by Patent yet most commonly they have patents for their offices Co. 4. 30. and therewith accorderh 8 Eliz Dyer 248. Likewise it was adjudged in the common pleas in the Lady Julian Holcrofts case that whereas one was generally retained by the Lord of a Mannor by parol to be Steward of a Mannor and to keep his Courts that such Steward may take surrender of customary tenants out of the Court or make voluntary admittances or any other act incident to the office of a Steward for till such Steward be discharged he is Steward of the Mannor as well by the retainer by word as if he had a grant thereof by Patent Leon. fo 309. He represents the person of the Lord in many things for in the absence of the Lord he sitteth in Court as Judge to punish offences to determine controversies redresse injuries c. he acts some things in the Lords name and not in his own name for if the Steward admit any Copyholder or by special Authority or particular custome licence a Copyholder to Alien this admittance and licence shall be made in the Lords name and the entery in the Roll shall be Quod dominus per senescallum admisis licentiavit c. Co. of Copyholds fo 143. He must take care to Record and Enrol all the Conveyances of estates for it hath behn holden by some That if the Lord in open Court grant a Copyhold estate and no entry is made thereof in the Court Rolls that the grant is inavlid and that no collateral will make it valid Carthrop fo 47. But if the tenant have no Copy or lose his Copy the roll of the Court is a good evidence And if the wills be lost it is thought cleerly it may be supplyed by proof ibidem At every Court he is to swear some of the Tenants which is called the Homage these he chargeth with the Articles before mentioned and upon them they do present and upon this presentment the Steward is to proceed as upon the presentment in a Leet save onely that as it is said the Lord cannot bring an action of debt but is onely to distraine for the amerciament in this Court 2 H. 4. 24. For by the Common Law he hath no authority to assesse amerciaments or Fines in a Court-Baron but the suitors for they are the Judges and not the Steward Leonards rep first part 299. If the Steward take a bribe or use partiallity in any case depending before him of which crime many are too culpable or if by his Patent he be obliged to keep Court at certain times of the year and failes thereof the Lord receiving prejudice thereby not otherwise or if he be by his Patent obliged to keep Court upon demand or request to be made by the Lord and upon request and demand by the Lord he refuseth these and the like cases will make him subject to a forfeiture Co. of Copyholds fo 146. c. Of the Fees of the Court-Baron AS for the Fees of this Court they much differ and are by Law what they have been by custome time out of minde For some take the same Fees as are taken in the County court And other Courts take the Fees which follow The Stewards Fees FOr entring every Essoyne 00-00-02 Entering every action 00-00-02 Every Order entered 00-00-04 Entering a Declaration if it be large then more 00 00-04 Every Processe 00 00 04 Entering every plea or answer 00-00 04 Every Continuance 00-00-02 Every wager of Law and entry 00 00-02 Warrants for witnesses and summoning Juries 00-00-04 Every Non-suite and detraxit 00 00-04 Entering the Judgement 00 00-04 Satisfaction acknowledged 00-00 02 For removing and certifying a cause 00-06-08 The Bayliffs Fees FOr every Summons and entrance 00-00-08 For executing every Processe 00-00-04 For every shilling upon Judgment 00-00-01 For summoning the Jury 00-01-00 For summoning of Witnesses upon a Warrant 00 00-04 For every Oath 00 00-02 If there be Attorneyes then their Fees are FOr every cause if it be heard 00-01-00 For drawing the Declaration 00-00-06 For every Court the cause dependeth after he is reteined 00-00-06 See more in the Fees of the County Court The Oath of the Bayliff of a Mannor YOu shall swear that you shal well and truly serve his Highness the Lord Protector and the Lord of this Monnor for the year to come in the Office of Bayliff of the same Mannor and you shall duly and truly gather all such rents revenues or other yearly profits as shall be extracted out unto you and therefore you shall make and yield up a true account at the end of the said year and in every thing you shall well and honesty behave your self in the said office during the time aforesaid So help you God c. The Bayliff must be sworn before the Court end The form and method of Presentments which are to be drawn by the Steward I shall not trouble you with being copiously performed by Mr. Wilkinson in his office of Sheriffs fo 218 219 220 c. onely take these subsequent for methods sake The finding of the death of a Tenant and of a Surrender made to the use of his Will with an admission of the Tenant according to the Will THe Homage do further present that A. B. the elder Copyhold tenant of this Mannor dyed after the last Court and that he the said A. B. before his death that is to say the tenth day of May in the year c did surrender into the hands of the Lord of this Mannor by the hands of C. D. Copyhold Tenant of the said Mannor all and singular his Copyhold lands Tenements and Hereditaments holden of this Mannor to the behoofe and use of his Testament and last Will. And now at this Court came E. F. the eldest son of the said A. B. and doth bring here into the Court the Testament and last Will of the said A. B. bearing date c. before G. H. Deputy Commissary of I. A. in and through the whole Arch Deaconry of W. approved the tenor of which said Will as to the Copyhold lands doth follow in these words that is to say Item I give unto E. my Son c. as by the said Testament and last Will of the said A. B. more at large appeareth And he doth crave of the grace of the Lord to be admitted to
R. T. hath no other or more Lands or Tenements at the aforesaid day he became debtor so as abovesaid nor at any time since nor hath he any other or more goods or chattels at the time of the taking this Inquisition in my Bayliwick to the knowledge of the said Jurors In witnesse c. R. S. Esq sheriff By vertue of this Writ to me directed by W. G. and E. D honest and lawfull men of my Baliwick I have given notice to R W. within named Son and Heire of R. W. within mentioned deceased And to W. R. and I. H. Gent. Tertenants of divers Lands and Tenements in my Bayliwick of which the said R. W. the Fther was in his life time seised in his Demesne as of Fee on the morrow of All Soules within specified That they be before the Justices within mentioned at the day and place within contained to shew c. as within it is commanded R. S. Esq sheriff Pledges of prosecuting Io Doo Ric. Roo Summoners of the within named H.W. R.M. R. B. And further by vertue of this Writ the 3d day of Ia in the yeare within written I made publique proclamation according to the forme of the Stat. and the exigence of this Writ R. S. Esq Sheriff The Oath of the Sheriffe YOu shall sweare that you shall well and truly serve his Highnesse the Lord Protector in the Office of the Sheriffe of the County of Yorkshire and do the Common-wealth profit in all things that belongeth to you to do by way of your office as far forth as you can or may You shall truly keep the Common-wealths right you shall not assent to decrease or lessening or to concealment of his Highnesse rights or of his Franchises And whatsoever you have knowledge that his Highnesse rights have been concealed or with-drawn to be in Lands Rents Franchises or Suits or any other things you shall do your true power to make them be restored to his Highnesse again And if you may not do it you shall certifie his Highnesse the Lord Protector his Councel or some of them thereof You shall not respite his Highnesses debts for any gift or favour where you may raise them without great grievance to the debtors You shall truly and rightfully treat the people of your Sheriff-wick and do right as well to poor as to rich in all that belongeth to your office You shall do no wrong to any man for any gift or other behest or promise of goods for favour nor hate You shal disturb no mans right You shall truly acquit at the Exchequer all those of whom you shall receive any thing of his Highnesses debts You shall take nothing whereby his Highnesse or the Common-wealth may loose or whereby the right may be letted or disturbed and his Highnesse or the Common-wealth delayed You shall truly returne and truly serve all his Highnesses Writs as far forth as shall be to your cunning You shall not have to be your under-Sheriff any of the Sherifs of the last yeare past You shall take no Baylif into your service but such as you will answer for you shall make Oath of your Baylifs to make such oath as you make your self in that which appertaineth to their occupation you shall receive no Writ by you nor any of yours unsealed or any sealed under the seale of any Justice saving the Justices of Assize or Justice assigned in the same Shire where you are Sheriffe or other Justices having power and authority to make any Writs unto you by the Law of the Land or of the Justices of Newgate you shall make your Bayliffs of true and sufficient men in the Countrey Also you shall do all your power and diligence to destroy and make to cease all manner of Heresies and Errors commonly called Lollaries within your Bayliwick from time to time to all your power assist and be helping to all the Ordinaries and Commissaries You shall be dwelling in your own proper person within your Bayliwick for the time you shall be in the same Office except you be otherwise licenced by his Highnesse the Lord Protector You shall not let your Sherifwick nor any Bayliwick thereof to any man You shall truly set and return reasonable and due issues of them that be within your Bailiwick after their estate and behaviour and make your pannels your selfe of such persons as be next most sufficient and not suspect nor procured as it is by the Statutes provided And over this in eschewing and restraint of Man-slaughters Robberies and other manifold grievous offences that be done daily namely by such as name themselves Souldiers and by other Vagrants the which increase in number and multiply so that the people of this Common-wealth may not in safety ride nor goe to doe such things as they have to do to their intolerable hurt and hinderance You shall truly and effectually with all diligence possible to your power execute the Statutes as the Statute of Winchester and for Vagabonds All these things you shall truly observe and keepe as God you helpe c. An Indenture by a high Sheriffe deputing one to be his under-Sheriff THIS INDENTVRE made c. between A. B. of R. in the County of Yorke Esquire Sheriffe of the said County of the one part And C. D. of W. in the said County Gent. of the other part witnesseth That the said A. B. of assured hope confidence and trust that he hath that the said C. D. will honestly uprightly and sufficiently discharge the office and duty of Under-sherif aswell towards his Highnesse the Lord Protector as all the people of this Common-wealth of England and therein discharge him the said Sheriffe and for the consideration hereafter mentioned hath been pleased and contented to assigne depute ordaine constitute and make and by these presents doth assigne depute ordaine constitute and make the said C. D. his Under-sheriffe of the said County of Yorke authorizing hereby the said C. D. according to the Covenants and Agreements by these presents contained to execute persorme and do all that which to the duty and office of Under-sheriffe of the said County of Y. shall appertaine or to the Sheriffe of the said County without the personall presence of the said Sheriffe may be executed and done and also to receive and take to his owne use all manner of duties and lawfull free commodities profits and advantages to the same office belonging or in any wise lawfully appertaining during such time as the said A. B. shall continue Sheriffe of the said County in consideration whereof the sayd C. D. for himselfe his Heires Executors and Administrators doth covenant promise and grant to and with the said A. B. his Executors Administrators and Assignes and every of them by these presents That he the said C. D. shall and will during such time as the said A. B. shall continue remain and be Sheriff of the said County of Y. honestly truly and sufficiently execute and
and present it for then the Lord shall have the Land holden of him by Escheat You shall understand that none shall have Lands in Fee-simple as heirs unto any man unlesse he be heire of the whole bloud for if a man have issue two sons by divers women and dieth seized of the same Land and the eldest entereth and dieth without issue the yongest shall not have the Land as heire unto his brother because he is of the halfe bloud but another heire of the fathers side shall inherit the same Land and if he have no heire on the Fathers side then the next hiere on the Mothers side shall not have the Land but the Lord of whom the Land is holden shall have it by Escheat and so when Land descendeth on the Mothers side the heir on the Mothers side shall inherit and not the heirs of the Fathers side Also you shall understand that filius in adulterio conceptus viz. a Bastard can never be heire unto any man nor have heire unto himselfe Therefore if any Bastard or any other Tenant have died seized without heirs you shall present 18. Also you shall inquire if any Tenant was seized of any Lands or Tenements and was put out of his Land by one who had not a right title and afterward died without any heire the Lord shall have his Escheat as well as if his Tenant had died seized 19. Also you shall enquire whether any Tenant of this Lordship hath committed any Petty treason felonies or murthers for the which he was hanged or for the which he had Judgement to be hanged though afterwards he payd his Charge and was delivered to the Ordinary and present it And whether any Tenant hath committed any Petty treason felony or murther for the which he hath abjured the Land for which he was outlawed or by death and present it For in all those cases the Lord of whom the Lands are holden shall have them by Escheat and also the evidences concerning the same 20. Also you shall enquire if there be any Rents Customes or Services withdrawne from the Lord-ship which of right ought to be done and present it and what Rents Customes and Services they are and by whom they are withdrawne and where the Land lieth that the Lord may have the remedy for the arrearages thereof Also you shall enquire whether the Copyholders or Fermers of this Lordship do uphold and repair their Tenements yea or no and present them You shall understand that every Tenant is obliged to three things viz. 1. That he be a true tenant to his Lord. 2. That he sufficiently repair his tenements 3. That he pay and do all suits Customes and Services at his dayes assigned for he tooke upon him to do so when he did Fealty and if he do not pay his Suits Customes and Services the Lord shall have good remedy and recover the same with his damages and if he be a Copyholder and do the contrary he forfeits his Copyhold 21. Also you shall enquire if any tenant of this Lordship which is obliged by reason of his tenure to do suit unto the Lord will do the same yea or no and present it and whether any have used to with-drawn their suit from the Lords Mill in not grinding their corn there and present it 22 You shall also enquire whether any Waif or Stray is or was within the Lordship and whether the Lord be answered of the same if not present by whom they are conveyed away Also you shall enquire if any Heriot be conveyed away and by whom and present it 23. You shall also enquire whether person have made Rescous against the Lord or any other Officer and present it Rescous is when the Lord distraineth in the land holden of him for his Rent or services in arrear or if the Lord come upon the lands and would distrain and the Tenant or some other will not suffer him this is Rescous Likewise if the Lord distrain for service behinde or for damage-Feasant and in driving cattell to pownd the Beasts enter into the house of the owner if he that distraineth pray deliverance and the possessor will not deliver them this is a Rescous therefore if Rescous have been made you shall present it 24. Also you shall enquire whether any person hath broken the Lords pownd that is to have taken away a Distresse put in and present it You shall understand that if the Lord do distrain any Tenant for Rent or Service in arrear he may impownd the same Distresse in a Common pownd if he will or in his owne ground or in his neighbours if he will by the licence of his neighbour and all those places in which the Lord doth impound any Cattell are called the Lords pownd but not so when another doth impound any Distresse in his own pownd or in his neighbours It behoveth him to give notice to the other party for that if the Distresse be quick he may give it meate and then if the Beast die for want of sustenance he that was distrained shall be at the losse and then he that distrained before may distrain againe for the same rent or duty 25. You shall also enquire if any Tenant within the precincts of this Mannor hath suffered any Farme or House to fall to decay which at any time since the first yeare of the Reigne of Henry 7. hath beene let with twenty acres of land and present it For if they suffer their houses to fall to decay the Lord may take and distrain for halfe of the issues and profits of the same and keep to his owne use untill such time as the houses shall be sufficiently builded and repaired viz. maintained again for husbandry 26 Also you shall inquire if any inhabitants or Commoners have over-charged the Common or High wayes or your Common fields by putting in more Cattell then they ought to do and whether any of them have put their Cattel in any the Commons aforesaid before the dayes agreed upon and present it for the Lord as it seems may distrain the surplusage damage feasant or else you may make among your selves orders and lawes for your owne profit that none shall do upon certaine penalties c. and by such Lawes the Inhabitants and Commoners shall be bound c. 27 You shall also enquire if any persons have made any pits in the high wayes and whether any person do commonly break hedges and suffer any Hogs to go unyoaked or unringed to the annoyance of their neighbors 28 You shall also enquire whether any persons have drained or stopped any wayes waters ditches paths or turned any of them into a wrong course and present it 29 Also if any have incroached any Land of the Lords viz. Land Meadow Pasture Wood Heath Moor or any other vacant land without license of the Lord by setting of his hedge pale or otherwise and present the same Note that