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-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
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
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
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
been used for the Statute De donis conditionalibus shall not enure to such customary Lands but to Lands which are at Common Law and therefore an estate tayle cannot be of these customary Lands but in case where it hath beene used time out of minde Popham fol. 34. And it was holden afterwards that an estate tayle is wrought out of Copyhold Land by the equity of the Statute De donis conditionalibus for otherwise it cannot be that there can be any estate taile of Copy-hold land for by usage it cannot be maintained because that no estate tayle was known in Law before this Statute but all were Fee-simple and after this Statute it cannot be by usage because this is within the time of limitation after which an usage cannot make a prescription as appeareth 22 and 23 Eliz. in Dyer And by 8 Eliz. a custome cannot be made after Westminst 2d And what estates are of Copyhold land appeareth expresly by Littleton in his Chap. of Tenant by Copyhold c. And in Brook tit Tenant by Copyhold c. 15 H. 8. In both which it appears that a Plaint lyeth in Copyhold land in the nature of a Formedon in the Discender at the Common Law and this could not be before the Statute De donis conditionalibus for such land because that before that Statute there was not any Formedon in the Discender at Common Law and therefore the Statute helps them for their remedy for intayled Land which is but customary by equity And if the Action shall be given by equity for thy land why shall not the Statute by the same equity worke to make an estate in tayle also of this nature of the land Poph. ibidem And Copyholds are now become by usage by such estates that Law allows them to be good against the Lords themselves they performing their customes and services and therefore are guided by the guides and rules of the Common Law Dyer Trin. 12 Eliz. And to say that estates of Copyhold land are not warranted but by custome and every custome lyes in usage and without usage a custome cannot be is true but in the usage of the greater the lesser is alwayes implyed Omne majus in se continet minus As by usage three lives have been granted by Copy of Court Roll but never within memory two or one alone yet the grant of one or two lives onely is warrantable by this custome for the use of the greater number of lives warrants the lesser number but not è converso If the Copyholder by his letter of Attorney appoint the son of his Farmer his Attorney to do the services for him due for his Copyhold Such a person so constituted and appointed may Essoyne for the Copyholder but not do the services for him for none can do the same but the Tenant himself Leonard first part fo 139. Copyhold land is not extendable upon a Statute-Staple but upon the Statute of Bankrupts it is extendable Brownlows first part 34. As long as a Copyhold of Inheritance is in the Tenants hands it is not lyable to any estate or charge of the Lord as Dower Curtesie Elegit Statute c. But when it is in the Lords hands it is liable Co. 4. 22. But a custome in this case may make it chargeable Calthr 88 89. 92 93. We will now declare something of Surrenders Of Surrenders what are good and what not LOrd and Tenant Copyholder by Surrender or by nomination by force of a Custome precedent desires his Lord at his Court to admit him to the Copyhold estate and offers him his Fine the Lord refuses he cannot take the profits before admittance here is damnum injuria whether for refuall he may have an action of the Case or not And it was resolved Pasch 13 Jac. P. R. That an Action of the Case lies not against the Lord for his refusall to admit him without a speciall custome or prescription for the same Omnis innovatio plus novitate perturbat quam utilitate prodest for if upon every such refusall an Action shall be brought this will introduce many inconveniencies C. 4. 22. in Brownes case But note that in all cases of Ministeriall offices if they refuse to do their offices Actions upon the case shall well lye against them as against the Clarke of the Inrollments if he refuseth to inroll a Deed an Action upon the case lyeth against him for this but it shall not be so in cases of trusts Bolstrod second part fol. 337 338. Foords case Hill 12 Jac. If a Surrender be to the Lord generally without saying to whose use it is good enough Kitch 81. If the Copyholder surrender to the use of another and the Lord grant it to the Cestuy que use not naming the surrender this is good enough by Calthr fo 99. In a surrender it matters not if the party to whom it is be precisely expressed if by any circumstance he may be known And therefore to surrender to the Major of Yorke next of his kin or next of his blood his Brother Sister or his sonne may be good and it may be made certaine by averment So if it be to a mans Wife without warning of her or the High Sheriffe of Yorkeshire But a surrender to the use of ones Cousin or Friend is voyd for incertainty so it is if it be to the use of A. B. or C. Coo. 4. 29. of Copy-hold 96. If a surrender be made to the Lord in generall without expressing to what use it shall be taken to the Lords use Kitch 81. If a Copyhold be surrendred to the use of A. B. and his heires till he marry C. D. and then to the use of them two in speciall tayle this is valid and shall enure accordingly Calth fo 22. If a Copyholder surrender to the use of a Stranger in consideration that the stranger shall marry his daughter before such a day In this case if the marriage succeeds not the stranger shall take nothing by the surrender But if the consideration be that the stranger shall pay such a summe of money at such a day although the money be not paid yet the surrender is valid Calth fo 37. If the Copyholder surrender his land to the use of A. B. so that A. B. pay 20 l. at such a day if he please this is an absolute not a conditionall surrender Calth fol. 39. If a Copyholder surrender his Coyphold of Inheritance into the hands of the Lord to the use of I. S. paying one hundred pounds to his Executors within such a time after his death he to whose use this surrender is made takes by force of this presently Bolstr 2d part fo 275. Mich. Jac. 12. If a Copyholder surrender to the use of one for life who is admitted and dyeth he in the Reversion may enter without a new admittance Leonard first part Rep. 144. If a Copyholder bargain and sell his
sealers of leather Vnlawfull games Shooters in handguns Croshowes c. Fry of fish Phesant and Partridges Hawking or hunting with spaniels c. Tracing of hare Breaking of ponds Evesdropers Musters Horses infected Watch and Ward Mortmaine Treasure trove Waifes Estrayes c. Conclusion Proclamation The Oath Adjournment What a Mannor is L. Dyer How Mannors were created F. N. B. 3. 8 Leonards Reports first part 33. Marsh against Smith Customary Mannor what Co. 11. 17. 18. Sr. Henry Nevils case 17. E 3. fo 8. Bolstrod first part fo 54. Mich. 8. Jac. Lamb fo 128. 146. Cambden Brit. 1216. Britton fo 274 Mirror cap. 1. Sect. 3. 12 Eliz. Dyer 288. Brownlows rep 175. Bolstrod 1. part fol. 54. Bolstrod 1. part fol. 57. Of the Lord. Of the Steward The Freeholders The Copyholders The Bayliff Fleata lib. 2. cap. 73. Mag. Char. c. 35. 31 E. 3 cap. 15. Coo. l. 4. 26. 6. 27. Owens Reports fol. 35. Mic. 13. 14 Eliz. Leonards Rep. 133. Marsh against Smith Co. 4 fol. 24. Murrell and Smith and fo 27. Cliftons case The Stile of the Court. Proclamation Essoyn Plaint Amerciament Jurrors The Foremans oath The oath of the rest Proclamation The tenants are obliged to appeare at every three weeks end at the Lords Court-Baron What tenants are dead since the last Court What lands he held and by what service Who is his next heire Knights service what it is Homage fealty and Escuage Knights service Knights service is done by a man in propria persona In Scobels acts in Wards c. See the Act of Parliament for the taking away of the Court of Wards If Tenant by Knights service made any FeofmeÌ„t to his heir Alenation by collusion holding by Knights service Feofment to his use the land holden in Knights service Entry for Conditions broken Disseizin of the Tenant and death before any re-entry What Soccage tenure is Reliefe is as much money as one years rent Copyholder If tenant by Socage made any feofment to his use Whether any Freeholder hath aliened any of his freehold Lands Herriot service Herriot custom Whether any Copyholder died seized of any such Lands How a Copyholder ought to surrender his Copy-hold Whether any Copyholder hath made any surrender Mortmain What Mortmain is Waste What waste is and how the same is committed Whether any tenant in possessioÌ„ or reversion died seized without any heir A Bastard may not inherit Whether any tenant died being put out of his land by one that had no right to Petty Treason felony or murder committed of any Tenant for which he was hanged or had judgment to be hanged Whether there be any rents lost or services with-drawn Whether the Tenants do uphold and repair their tenements Whether any tenaÌ„t hath with-drawn his services Waife and stray Rescous What it is Breach of pownd Whether any Tenant hath let any Farm fall to decay viz. not maintained for husbandry as before If any have overcharged the common or high wayes or put Cattel in them before the dayes agreed upon If any persons have made pits in the high wayes breaking of hedges c. Stopping of wayes waters c. Whether any have encroached Whether any have removed any marks Whether any have stalked with bush or beast Whether any have or do keep away any Evidences Whether any have fished fowled c. Whether any have taken any Feasants c. Swans or swans eggs Concealed land Trespass in the corne grass c. For inclosing in several grounds without the L. licence c. A Copyholder may not let longer then a yeare and a day Granting greater estates Whether the Baylifs c. do execute their office Whether the defaults plaints be amended Conclusion Adjournment The discharge of the Court. A Copyhold granted by a Disseisor may be avoyded by the Disseisee But admittance upon surrenders c. good Owen Rep. fol. 115. Trin. 1 Iet rot 853. None can passe it larger estate then he hath Copyhold estates not to be avoyded for dower What person is sufficient to be a Copyholder Eliz. Dyer 301. What interest a Copyholder hath in his estate 8 Eliz. Leonards rep first part fo 8. Mich. 25. 26 Eliz. Copyholder and Tenant at will Bolstrod first part fo 51. 7 E. 4. Tenant may have an action of Trespass against the Lord. Husband to a woman Copy-holder shall not be tenant by the Curtesie without speciall custome The heire of a Copyholder not bound to come to any Court during his nonage Whether or no a Copyholder may lop trees Copyholder for life cannot claim custome to cut downe and sell trees No tenant by the Curtesie nor Dower shall be of Copyhold lands Leonard rep 1 part 126. An estate tayle cannot be of Copyhold lands without use Crook 1 part fo 31. 32. Poph. fol. 38. A Copyholder may assigne one to essoyn for him but not to do his service Copyhold not extendible by Stat. Stap. but it is upon the Stat. of Bankrupts not lyable to any charge of the Lord c. Upon a surrender action lies not against the Lord for refusing admittance In ministeriall offices action lies against him that will not do his office but not so in cases of trust A surrender to the Lord good A surrender to the use of another c. In a surrender it matters not if the party to whom it is be precisely expressed c. Surrender to the Lord c. Surrender to A. B. until be marry C. D. c. Surrender to the use of a stranger c. Surrender to A. B's use if he pay 20 l. at a day c. Surrender to the Lord to the use of I. S. paying 100 l. c. Surrender to the use of one for life c. Copyhold may be extinguished without an actual surrender Huttons Rep. fo 65. Blemerhassets case Leonard first part 133. Leonard first part 124. Poph. fol. 39. Lanes Rep. 20. A surrenderer of a Copyhold cannot surrender before admittance Poph. fo 128. No surrender by an Attorney without deed but an admittance may be Crook first part fo 142. 28 H. 8. Dyer fo 24. pl. 151. Plow fo 273. b. in Say Fullers case 14 H. 8. fo 14. b. Coo. 6. 35. Bolstrod first part so 50. A forfeiture to build and pull down again No good custom to pull downe houses or cut down trees c. Bolstrod first part fo 51. 52. A Copyholder by the common law without special custome cannot make a Lease for one yeare but it is a forfeiture Crook first rep fo 169. A lease for one year by a Copy-holder c. a forfeiture Bolstrod rep first part f. 215. Lutterels case Mich. 8 Jac. B. R. rot 602. Hetleyes rep fo 122. A Copyholder may inclose where it hath been formerly inclosed and may digg Maâ—l but it must be laid upon the some land Winches rep fo 8 The heir may take the profits before admittance and make a lease c. Poph. rep fo 39 To refuse to pay a Fine certain is a forfeiture Or refuse to appear at his Lords Court Some excusive reasons why he may not appear at the Lords Court A general warning of the Court within the parish is sufficient Leonards first part fo 133. Hetleys rep fo 7. One seised in the right of his wife surrenders it and dyes no discontinuance to the wife Co. rep 4. 23 Co. super lit fo 61. a. b. Fleta lib. 2. cap. 26. How he may be retained Co. rep 4. 30. Dyer 8. Eliz. 248. Leonards first part fo 309. Co. 4. of Copy-holds fo 143. Carthrop sc 47. 2 H. 4. 24. Leonards first part fo 299. How he may forfeit his office Co. 4. rep of Copyholds fo 146 c. Mr. Kitchin in his Jurisdiction of Courts c. A pain set for an incroachment A pain set for the amending of the same c. The finding of a pain forfeited The verdict of homage touching their former charge A Surrender and remise of lands made in Court before the Steward and the examination of the wife A Surrender made by one to his mother of lands for her life the reversion to the Son againe and his heires The definition of Pypowder 8 H. 7. fol. 4. b. St. 17. E. 4. c. 2. 1. R. 3. c. 6. Bolstrod 2. part fol. 21. Cro. 1. part fol. 33. Prescription 13 E. 4. fo 8. b. Hil. 33 Eliz. Rot. 124. Pypowders by way of grant confirmation 12 H. 7. fo 16. b. 13 H. 7. fo 19. 13 E. 3. fo 8. b. Old book of Ent. 168. Fit dette en Gailor pl. 1. fol. 18. Fit account in Execution pl. 3. 6 E. 4. fol. 3. b. The Steward is Judge 7 E. 4. fol. 23. This Court is incident to a Fare or Market and by a grant of them it passeth 19 H. 8. Brookes case fol. 2. pl. 7. Brook tit incidents pl. 34. 2 3 Phil. and Mar. Dyer fol. 133. pl. 80. Co. 10. fol. 73. Bracton lib. 5. fol. 335. De brevi de recto 1. 17 E. 4. cap. 2. No plea shall be holden in this Court unlesse the Plaintiffe or his Attorney do sweare that the contract was made during the time of the Faire Stat. 1. R. 3. cap. 6. Note
Peace and may set them in the Stocks untill such time as they do finde them See 5 H. 7. 6. He may take of the County where he is Sheriffe any number that he shall think convenient 300 if necessity require it to pursue apprehend arrest and imprison Traytors Murtherers Robbers Popish Recusants and all Felons To suppresse rebellions insurrections or riotous Assemblies or such as do break or go about to break or disturb his Highnesse peace and every man required as well Dukes Earls Barons as all other his Highnesse Subjects within the same County ought to ayd and assist him and such as do refuse may be fined to the Protector and may attach all persons making such default to appear and answer before the Justices of Assize He may arrest all persons by him suspected or of evill repute that shall walke by night or day committing them to the Gaole to remain there untill they shall be delivered by the Justices of Assize 5 E. 3. cap. 14. Cromp. 203. He may arrest all such persons as go or ride offensively armed and may commit them to prison there to remain during his Highnesse pleasure unlesse they be delivered by the Justices before whom they shall be convict he may take their armour to his Highnesse use and prize it by the oaths of those that are present If a party after he is arrested make resistance or shall make an assault upon the Officer as the Sheriffs Bayliff c. the Bayliff may justifie the beating of such resister and such as disturb him in the execution of his precept and may imprison them in the stocks 2 E. 4. fo 6. 21 H. 7. 39. See Br. Trespasse 18. and 296. And if the party arrested and resisting be slain it is justifiable Fitz. Coron 261. Doctor and Student 133. 6. Cromp 24 a. 30 b. Sed quaere By the 11 H. 4. 7 H. 4. fo 4. Br. Offic. fo 4. 9. 34. 37. and 42. the Sheriffe in a Writ to enquire of waste and a Writ of Redisseisin he is both Judge and an Officer of Record and cannot delegate his judiciall power to any Bayliff of Franchise but must enter the Liberty and execute it himselfe otherwise it is error And if upon the Writ of Redisseisin the Sheriffe by Inquisition finde the Disseisee to be disseised again he may presently take such Disseisor and commit him to prison there to remain during his Highness pleasure See Co. 6. fo 12. And in the Writ to enquire of wast and in the writ of Redisseisin whereby he is made Judg of the cause he must execute the same in proper person and not by his Under-sheriffe or other Deputy whatever See more of his absolute authority in the Sheriffes Turne and also in the County Court and what things are inquirable there and by him to be punished Let us now descend to his Ministeriall power or authority which is dissected into two parts viz. as he is Custos vitae justitiae custos vitae legis 2 Custos vitae justitiae For no suit is commenced nor processe executed but by him And first to demonstrate his initiation into this Ministerial part of his office viz. The new Sheriffe being elected and sworn at or before the County next succeeding his election he is to deliver a Writ of discharge to the old Sheriffe who thereupon is to set over all his prisoners that are then in the Gaol severally by their names together with all his VVrits precisely by view and Indenture made betwixt the two Sheriffs wherein must be comprehended and exptesly specified all the Actions which the preceding Sheriffe hath against every Prisoner And till delivery of the Prisoners to the new Sheriffe they remaine still in the custody of the old as you may see in that learned argument more at large in Westbies Case Co. 3. 72. Neither is the new Sheriffe obliged to receive the prisoners but at the Gaol onely And upon the return and delivery of the Writs contained in the Indenture if they were executed by the old Sheriffe The new Sheriffe must indorse them in this manner I send you this Writ as it is indorsed delivered to me by A. B. Esquire late Sheriffe my next Predecessor in his going forth from his Office E. F. Esq Sheriff Yet the old Sheriffe by the Statute of 12 E. 4. c. 1. and 17 E. 4. 6. till the Writ of Discharge be delivered to him he may execute his office If the old Sheriffe hath in his custody divers persons in execution and dyeth afterward a new Sheriffe is elected it behoves the new Sheriffe to take notice at his Perill of all the Executions which are against any person that he findes in the Gaol and this is necessitatis gratiâ for necessities sake for there is none to make delivery of them or to give him notice who are in execution and who not And it is no detriment to the Sheriffe if he keep them safe untill he hath perfect knowledge of all the Executions for if he may with impunity suffer such as are in execution to escape great inconvenience would thereupon ensue Co. E. 3. 73. b. 1. Westbies case He is to preserve the Rights of his Highnesse with in his County and to enquire what Lands are concealed from him or with-holden and to seise to his use the profit of such lands as come to him by Attainder or Escheat and likewise the goods of any Felon Fugitive Out-law Aegyptian goods received and goods confiscate and wreck of the Sea He ought to certifie to his Highnesse or some of the Councell or the Committee specially constituted for that purpose if he know of the with-holding or concealment of any of the late Kings or Delinquents lands within his County He ought to be vigilant that the suits of his Highnesse be done in his Highnesses Court viz. 1 Suit reall or royall 2 Suit service 1 And to declare what suit Royall is it is a suit due to the Sheriffs Turne or Leet which is so termed because of their allegiance 2 Suit-service is due also to the Sheriffes Turne or Leet by reason of the Tenure of a mans Land He shall levy his Highnesse Debts by Distresse either in the high way or common street 52 H. 3. Cap 15. Fitz. 173. And if he can finde no goods elsewhere he may distraine in the Church Brook Distresse 35. And may sell such Distresse after fifteen dayes See Brook Distresse 32. 40. 72. and Stat. 51 H. 3. He is accountable to his Highnesse for all manner of Issues and Profits of the County And by his Office upon processe out of the Exchequer he is to gather up and to bring into the Exchequer such Issues and profits c. And likewise such Issues lost and returned in respect of non-appearance of the Defendants or of Jurors shall be forseited to his Highnesse
proceeding against the principal but in case where there are moveables of the principal to satisfie the debt the Sureties as it seems shall not be charged Stat. de Mercatoribus Execution by vertue or force of a Recognisance shall be of all the goods and chattels of the Reconusor except the Beasts of the Plough and implements of Husbandry and of the moyty of his Lands West 103. The Recognisee by the first Writ shall not have Execution but of the Land which the Reconusor had at the time of the Reconusance and upon return that he had no Land then he shall have a Writ to try who had it at the time c. or after c. 36 E. 3. Execution 47. 19 E. 3. 1. Where two sued Execution the money was delivered to one and the Attorney of the other Mich. 14. E. 3. Execution 76. and the Desendant in Court did pay the money to one the other being absent and it was good and the Recognizance was withdrawn Mich. 22. E. 3. 15 Execution 87. The heir shall be charged in debt of the Lands which he had by descent the day of the Writ brought and not the day of Judgement Mich. 18. E. 2. Execution 241. If a man be in Execution upon a Statue and findes bail and doth not appear at the day but at another day the bail brings him in now it is in the Election of the Plaintiff to take Execution of his body and Land or to take the bail See 59. E. 3. Execution 43. If two sue Execution and before the Extent one dieth the Sheriff shall extend the Land and shall deliver the same to the other 11. R. 2. Briefe 938. But if two sue Execution of a Statute-Merchant and the Reconusor is returned dead and then one of the Conusees doth acknowledge the death of his Companion he shall not have Execution without suing a Writ out of Chancery 25 E. 3. 38 Execution 92. Where three are bound in a Statute joyntly and severally the Plaintiff shall have Execution against one or all of them at his election and not against two and so of an Obligation But if he bring debt against them all upon a joynt Bond the Execution shall be against all but if he bring it by severall Praecipe's he shall not have Execution but against one 34 E. 3. Execution 129. 14 H. 4. 19 Execution 29. Note further that a Recognisance though in the speciall signification it doth but acknowledge a certaine debt and is executed upon all the goods and halse the Lands of the Recognisor Yet by extention it is drawn also to the Bonds or Obligations commonly called Statute Merchant and Statute Staple as appeareth by the Register of Originall Writs fol. 146. 151. 152. Elegit what 4 ELegit is a Judiciall Writ by the Statute and lyeth for him that hath recovered debt or damages against one not able in his goods to satisfie and directed to the Sheriff commanding him that he make delivery of halse the parties Lands or Tenements and all his Goods and Chattels Beasts for the Plow excepted Old N. B. fol. 152. Register of Originall Writs fol. 299. 301. and the Table of the Register judiciall which expresseth diverse uses of this Writ In Elegit by force of the Statute of Westminster 2. Cap. 18. the Sherif may take in Execution the moietie of the Lands of the Conusor and all his Goods and Chattels except as before and may deliver them unto the Conusee upon a reasonable price or extent untill the debt be satisfied But the valuation of the goods and lands ought to be first found by the Inquisition of a Jury Co. 4. 74. And the Sherif is to deliver him seisin of them who is tenant by Elegit and shall do no waste Upon Elegit the Sheriffe ought to returne the extent and also that he hath delivered the Lands c. 12 Edward 3. Scire Facias 117. and the extent shall be good for the summe due notwithstanding that it be of more 44 Edward 3. 11. Execution 35. A man sued an Elegit and had a terme of yeares delivered to him in Execution which the Desendant had in possession as a Chattell and adjudged good An Annuity may be extended and Rents c. In every Elegit the Sheriffe must returne and set out the moietie distinctly unlesse they be Tenants in Common and in that case he must returne the speciall matter An Elegit issued out against one Greisley by the name of Greisley Esquire who was at the time of suing out the Writ made Knight and Baronet and it was insufficient and the Plaintiffe prosecuted a new Writ Brownlows Rep. 38. A Lessee had a Lease to the value of 100 pounds and after the Teste of the Elegit and before the Sheriffe had executed it assignes his terme to one who assignes it to the Plaintiffe in the scire facias and asterwards and before the last assignment the Sheriffe executes the Elegit and delivers the Lease to the Plaintiffe to be holden c. for satisfaction of the debt which came but to 43 pounds 6 s. 8 d. and it was held by all the Judges that the Sheriffe could not deliver the Lease at another value then what the Jury had found it at and the sale made by the Sheriffe is as strong as if it had been made in the open Market and that all the Goods and Chattels are bound after the Teste of the Elegit and cannot be sold by the owner after the Teste of the Writ Brownlowes Rep. 38. Comers versus Brandling There are good diversities between an Execution not valuable as of the Defendants body and an Execution valuable as of Lands c. As if two men are bound joyntly and severally in an Obligation and the one is sued condemned and taken in execution and afterwards the other is also sued condemned taken in execution and then the first escapes and the other brings his Audita Querela In that case he shal be barred to bring that Writ untill the Plaintiff be satisfied So likewise if the Desendant in debt dye in Execution yet the Plaintiff may have a new Execution by Elegit or Fieri facias But if the Plaintiff have once Execution of the Lands of the Defendant and after the Lands are evicted there before the Statute of 23 H 8. Cap. 5. he shall not have any new Execution for the Execution of the Lands was valuable and accounted in Law for a satisfaction and to avoid infinitenesse he shall have but one valuable satisfaction or one Execution with satisfaction at the Common Law Co. 5. 86. b. 3. Blumfields case If upon an Elegit there be no Execution but upon goods because there is no Land and the goods appeare insufficient hee may have a Capias For note it is in effect but a Fieri Facias though the word be Elegit But if there be Land
have an action of the case against him that made such return See Co. 5. 90. 11. 40. and 4. 67. In Mich. term 8. Jac. The words of a Return were these viz. By vertue of this Writ to me directed I have taken the body of E. M. whose body I have here ready in Court at the day c. and as for the other two they are not to be found in my Bayliwick And at the end of the return was set down The answer of S. H. c. which S. H. at the time of the return was not then officer to the Court nor to the King and so disabled to make a return and therefore the return insufficient The Writ was directed to the Sheriff and so ought the Return to have been by the Sherif for none can make a returne of a Writ but such a person who at the time of the returne remained an Officer to the Court. If the old Sheriff be removed before the day of the return the new Sheriff is to make the return and to this purpose is the book of 22 E. 4. fol. 33. and 34. in the case of a Writ of Error to reverse a false Judgment given before the Major and Sheriffs in the Court at Coventry and Co. 3. fol. 72. Westbyes Case where it is resolved that after the election of a new Sheriff and before delivery over of the Prisoners to him they do remain in the custody of the old Sheriff and after the delivery of them over to the new Sheriff he at the day of the return ought to return Cepi corpus but in this case the return by the new Sheriff before any delivery over of the Prisoners to him by the old Sheriff is no return at all in Law And the old Sheriff can now make no return he being no Officer at all to the Court but the new Sheriffe is the Officer to the Court and ought to make his answer unto the Kings Writ to him directed and he doth not here return a Cepi corpus but only an indorsment in this manner setting his hand also to the return with this Postscript viz. This Writ as it is above subscribed I the now present Sheriff have received from my Predecessor the old Sheriff going out of his office and this upon the matter is no return at all Here the new Sheriff hath made a Return but the same is not good being but parcel of that which he ought to have returned For as to the other two his return is They are not to be found within my Bayliwick this Return is not good for he ought to have said that those two nor either of them were to be found And it is said that the old Sheriff put his hand to the Writ he was at that time out of his office and so he was no Officer of the Court and so it is in effect as if he had not put his hand at all to the return and and so the return being as no return in Law is meerly void Upon an Elegit the Sheriff returned that to be executed and the extent of the Church of S. Andrews alias S. Edes and it was prayed that the Sheriff might amend it and make it Andrews only for that was the true name and the Court said that the alias dictus is surplusage and will not hurt the return of the Writ Winch. Rep. fol. 27. A Writ of Proclamation upon the Exigent was returned by the Sherif out of office at the time upon which the Outlawry was adjudged void Stat. 6. H. 8. Dyer 103. To return Rescous upon a Latitat is no good return for the Sheriff might have had a Posse Comitatus aswell for the serving the same Processe as an Execution 10 H. 7. 26. 33 H. 6. 1. 10 E. 4. 3. F N B. 102. Dyer 162. If a Writ be directed to a place where there are two Sheriffs as London York c. and one of them doth return the Writ it is insufficient for though one according to custome doth execute it yet it must be returned in both their names 21 Ass 20. Br. Officer 22. If the Sheriff upon a Capias ad satisfaciendum returneth a Cepi corpus and hath not the body at the day c. he is chargeable for an escape Or if upon a Fieri facias he returneth a Fieri feci and hath not the money at the day c. he is chargeable with the money Br. Ret. 107. Yet in all Writs of Execution except an Elegit as upon a Cap. ad satisfac Habere facias seisinam vel posessionem Fieri fac Liberate c. If the Execution be duly done although the Writ never be returned or filed it much matters not if the Plaintiff have his demand for then he hath no cause of further proceeds in it But in case of an Elegit because the Extent is to be made by an Enquest and not by the Sheriff alone that ought to be returned otherwise it is invalid Coo. 4. 67 and 5. 90. But where no Enquest is to be taken but onely Land to be delivered or seisin had or goods to be sold which are but matters in fait these are sufficient although the Writ be not returned Co. 4 67. a. It is no good return for the Sheriff to say that the party will not pay his fee ergo he did not execute the Writ 34 H. 6. Br. Ret. 10. All Sheriffs and Bayliffs who have return of Writs ought to set both their names of Baptisme and sir-names to their returnes Plo. 63. a. so that the Court may know of whom they received such returns if necessity require And this is by force of the Stat. of 12E 2. Cap. 5. Yet by the Stat. 18 Eliz. cap. 13. imperfect or insufficient returns of Sherifs are corrigble Upon a Replevin the Sheriffe returns I have commanded the Bayliff of the Liberty of c who will make no deliverance c. these are no good returns for the Sheriff himselfe ought to have entered the Franchise and to have made deliverance of the Cattle c. Fitz. 68. f. He shall be amerced for the default of his Under-sheriff County Clerk or Bayliff 38 Ass p. 13. Br. 77. 1 R. 3. c. 4. But by the Stat. of 27 H. 8. c. 24. Amerciaments for insufficient returns of Writs made by Bayliffs of Liberties shall be impos'd upon such Baylifs and not upon the Sherifs Every return ought to answer the Writ ad punctum and therefore where the VVrit was That you make known to the heires of the Lands and Tenements which were of A c. And the Sherif returned That he made known to B. Esquire sonne and heire of the said A c. which was not good and assigned for Errour c. because he did not return him heire of any Lands or Tenements as the writ required for his writ was not to summon the heire of the said A but
Action brought For it was alleaged although a reprisall by fresh suit if it had been before the action brought would peradventure have excused him yet being after the Action brought so as the Plaintif at the time of the Action brought had good cause to have the Action the Reprisall after shall not excuse him and compared it to waste brought for Reparations which is amended pendant the Writ it shall not excuse him So here And in proof thereof were cited Coo. 3. fol. 52. Ridgeleyes case 23 E. 4. 8. 13 Edw. 3. tit Barr. 253. But against this it was argued That this reprisall being alleaged to be by fresh suite and before the plea pleaded is good for the time and he shall take advantage thereof to excuse the Escape For it is upon the matter no escape when shee was re-taken by fresh suit for that is a continuall pursuit and the Law shall adjuge her in prison always And it is not like the case of Waste For there nothing was done after the Waste committed before the Action and the Reparation hath not any relation nor is the continuance of any former Act but this Reprisall hath relation and makes it no escape ab initio As a Distresse taken for Rent and rescued and driven into another Mannor which is pursued and re-taken the party shall make his Avowry of the taking in the first place So here And it would otherwise be a great mischiese if an Escape should be against the wills of Sheriffs or keepers of Prisons by breach of prison or rescuing themselves before they be brought to prison or in their going thither and the prisoners be reprised within two or three dayes That an Action should be brought in the Interim against the Gaoler and that this Reprisall when he hath the prisoner before the plea should not be an excuse especially to the Marshall who hath multitude of prisoners and every day is to bring them unto the Hall by Habeas Corpus or Rules of Court If peradventure a Prisoner escapes and an Action be brought against the Marshall the same day before he can have any time to retake him If he should not be excused by the re-taking hee would be charged with a multitude of suits and could not have any remedy to excuse him And therefore it was compared to the pleading of a Fine levyed before the VVrit of Formedon and Proclamations incurred pendant the VVrit before the plea pleaded he well may take advantage thereof by pleading it although when the Writ was brought it was not compleat nor could be pleaded Vide 6 H. 7. 12. Secondly it was moved admitting this to be no plea yet the Action lyes not here because the Escape is of a Feme Covert where her Baron is subject to the Execution So the Plaintiffe hath not lost his debt for by intendment she might not have payd it if shee had layne in prison For shee had nothing but what was her Husbands and the Execution remaines yet against him Therefore Action of Debt lyes not because he is not totally deprived of his Debt but an Action upon the Case in respect of the damage And therefore it was said If one have Execution of a Statute of the Lands Goods and Body c. and the prisoner escapes Yet because the Lands remaine in Execution debt lyes not for the Escape but an Action upon the Case For at the Common Law an Action of Debt was not maintainable for an Escape but it is given by the Statute of 1 Richard 2. where the Debtor escapes But here the sole and principall Debtor did not escape for the Baron is the Principall and remained subject to the Execution vide 33 H. 6. 47. N. Br. 93. Regist fo 98. 4 H. 6. 6. Wherefore c. But the Court held that it was not any plea because the Action is brought and implyes a voluntary permission ire ad largum which is neither denyed or traversed And if the Sheriffe voluntarily lets a prisoner at large he cannot re-take him And so this Reprisall as is alleaged being after the Action brought is to no purpose nor is any plea. And for the Action of Debt they held that it well enough lyes or an Action upon the Case at his pleasure Because the Feme was onely committed to prison and not the Baron And shee is the sole Debtor who is imprisoned wherefore it was adjudged for the Plaintiff But note in as much as Escapes are so penall to Sheriffes Bayliffs of Liberties and Gaolers the reverend Judges of the Law have alwayes made a favourable construction as much as the Law will permit in favour of the Sheriffes Bayliffs of Liberties and Gaolers who are Officers and Ministers of Justice Co. 3. 44. Of Bayle what it is And where the Sheriffe may take Bayle and where not BAILE or Ballium is a safe keeping or protection and thereupon we say when a man upon surety is delivered out of prison traditur in ballium hee is delivered into bayle viz. Into their safe keeping or protection from prison before that he hath satisfied the Law it hath its originall or derivation from the French word Bailler and that also cometh from the Greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they both signifie to deliver into hand For he that is bayled is taken out of a Prison and delivered into the hands of his Friends who are his Sureties for his appearance at a certaine day to answer and be justified by the Law Sheriffs Under-sheriffs or other persons making any warrant for the summons arresting or attaching any person to appeare in any Court not having the originall Processe or Writ to warrant it upon examination and proofe thereof before the Judges of Assize or Judges of the Court c. such offender and their procurers shall be committed to the Goale there to remaine without baile untill they have paid amongst them 10 l. to the party grieved and his costs and damages as also 20 l. to the Protector 43 Eliz. c. 6. Such persons as are in Execution upon any Statute or Recognisance or upon judgement given in the Kings Court at the suit of any person they shall not be bailed until they have agreed with the Plaintiff 1 R. 2. c. 12. 23 H. 6. c. 10. F. N. B. 9. 121. a. Persons condemned in any of the Kings Courts and by vertue thereof committed to prison they shall not be bailed untill they have agreed with the Plaintiff 1 R. 2. c. 12. 2 H. 5. cap. 2. F. N. B. 121. a. If the Sheriffe doe let to baile any persons prohibited by the Stat. of Westm 1. cap. 15. to be bailed he shall be punished by the Justices of Goal-delivery according to the forme of the same Statute or the Justices may fine them as for an escape punishable at the Common Law 25 E. 3. 39. The Sheriff might at the Common Law have bailed a suspect of felony
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
tenant such reliefe is due to the Lords maintenance so that the heire be of the age of fourteen yeares and he ought to tarry for his reliefe untill the day of payment of the Rent but he ought to have his reliefe maintenant and for that he may distrain immediately after the death of his Tenants 9. Also if a Copyholder die sole seized of any Lands or Tenements so holden his heire being of the age of fourteene yeares then he shall pay a fine unto the Lord and do Fealty and be admitted Tenant but if the heire be within the age of fourteene yeares then some Guardian shall be admitted to occupy his Copyhold and to pay and doe his service due for the same viz. If Lands descend from the Father then the Mother or some of her next kindred shall have the occupation of the same Lands untill the Heire be at age and they shall a little fine for the Guardianship and the Heire at his entry shall pay the whole fine you shall enquire thereof and present the same 10. Also you shall enquire whether any Tenant which held by Soccage Tenure did make any Feofment in fee to his use and died seized of the use his Heire being within age and no will by him declared of the use and present it for that the Lord shall have his Reliefe as well as if he had died seized of the same Lands 11. Also you shall inquire whether any Freeholder hath aliened or sold away his Free hold Lands or Tenements or any parcel of them and present it for he which hath purchased the Land before he enter ought to come and give notice unto the Lord that he hath purchased the same and so the Lord shall know his Tenant and the service which the former paid unto the Lord shall be apportioned according unto the value of the Lands 12. Also you shall enquire whether any that held by Herriot service or Herriot custome died seized of any Lands or Tenements so holden and present it for their service shall be apportioned also the Lord shall have of every of their severall parts divers Herriots at their severall deaths Also if one man have two severall parcels of Lands holden by Herriot-service and by two severall titles and dieth seized of the same the Lord shall have after his death two Herriots 13. Also you shal enquire if any Copyholder died seized of any Lands so holden and present it also whether any Copyholder hath made any Lease of his Copyhold or otherwise aliened or sold the same and present it for it is a forfeiture of his Copyhold for if a Copy-holder will alien or sell away his Copyhold he ought to come into the Court and surrender the same into the hands of the Lord to the use of him who shall have the Estate or else out of the Court he ought to surrender it unto the Bayliffe or to some of the Tenants of the Lord-ship to the use of him who shall have the estate and they to whom the surrender is made ought to present the same at the next Court and then pay his fine for the same and take it to his use in the Court and do his endeavour to be admitted and if he be not at the same Court then the Lord shall have the meane profits of the same Lands all the rent-services and repairations being deducted until he be amerced of his fine according to his duty 14. Also you shall enquire if any Copyholder hath made any Surrender of his Copyhold or any part thereof since the last Court-day or before and present it and into whose hands it was made and in whose presence or to whose use for at every surrender the Lord ought to have a fine and the party into whose hands the surrender is made ought to come to the next Court and present the same and to yield up his right into the Lords hands to the use of the alienee according to the trust reposed in him or otherwise he forfeiteth his Copyhold except he have a treasonable excuse for that he doth as much as in him lies to defeat the Lord of his Fine and also to defeat the other party to whose use the surrenderd was made 15. Also you shall enquire if any Tenant of the Lordship have given any lands into Mortmain and present it Mortmain is if a man give or sell any lands to any House of Religion or to any other which be corporate by the Knights grant also if one make a Foefment upon trust to the use of a Religious House or to the use of a Fraternity corporate that is Mortmain Also if one exchange Lands with a body corporate this is Mortmain Also if a Religious person or other body corporate doth hold of any man by Knights service and he release unto him this is Mortmain and then the Lord may enter and shall hold the same by force you shall therefore present them that have given any Lands or tenements in Mortmain 16. Also you shall enquire whether any tenant for term of life or years or any Copiholder of this Lord-ship hath committed any waste or suffered any waste to be committed upon their Lands or Tonements Waste is when any tenant for terme of life yeares or any Copyholder pulleth downe any house or cutteth down any timber trees or suffereth the house willingly to fall being on their Copyhold Tenements or if any of the Tenants plow up any Meadow ground or if they suffer any wall or pale which were covered to be uncovered by reason whereof the same wall or pale falls into decay or if any of them dig coals chalk or sand or make any Mines in their grounds this is waste Also if they cut downe a tree to the value of three shillings four pence this is admitted waste but if a man cut down timber to repair the old houses that stand upon parcel of the same ground and therewith doth repair them then it is no waste but if he with the timber build a new house then the cutting down of such timber is waste Or if he cut down any timber to sell to repaire such houses which are fallen into decay such is waste But if waste be done with a tempest no tenant shall be punished for such waste but if waste be done by any danger the tenant shall be punished for such waste Also it is no waste to sell in a reasonable time such trees as have been selled within twenty yeares before But if Tenants cut downe such trees to burn upon their Tenements where they have wood sufficient this is waste Also a Copyholder may not cut down wood to sell but he may to burne upon his tenement or to make reparations as aforesaid 17. Also you shall enquire whether any tenant in possession or reversion died seized of any Land or Tenements holden of this Lordship having no heire at the time of his death yea or no
and present it for then the Lord shall have the Land holden of him by Escheat You shall understand that none shall have Lands in Fee-simple as heirs unto any man unlesse he be heire of the whole bloud for if a man have issue two sons by divers women and dieth seized of the same Land and the eldest entereth and dieth without issue the yongest shall not have the Land as heire unto his brother because he is of the halfe bloud but another heire of the fathers side shall inherit the same Land and if he have no heire on the Fathers side then the next hiere on the Mothers side shall not have the Land but the Lord of whom the Land is holden shall have it by Escheat and so when Land descendeth on the Mothers side the heir on the Mothers side shall inherit and not the heirs of the Fathers side Also you shall understand that filius in adulterio conceptus viz. a Bastard can never be heire unto any man nor have heire unto himselfe Therefore if any Bastard or any other Tenant have died seized without heirs you shall present 18. Also you shall inquire if any Tenant was seized of any Lands or Tenements and was put out of his Land by one who had not a right title and afterward died without any heire the Lord shall have his Escheat as well as if his Tenant had died seized 19. Also you shall enquire whether any Tenant of this Lordship hath committed any Petty treason felonies or murthers for the which he was hanged or for the which he had Judgement to be hanged though afterwards he payd his Charge and was delivered to the Ordinary and present it And whether any Tenant hath committed any Petty treason felony or murther for the which he hath abjured the Land for which he was outlawed or by death and present it For in all those cases the Lord of whom the Lands are holden shall have them by Escheat and also the evidences concerning the same 20. Also you shall enquire if there be any Rents Customes or Services withdrawne from the Lord-ship which of right ought to be done and present it and what Rents Customes and Services they are and by whom they are withdrawne and where the Land lieth that the Lord may have the remedy for the arrearages thereof Also you shall enquire whether the Copyholders or Fermers of this Lordship do uphold and repair their Tenements yea or no and present them You shall understand that every Tenant is obliged to three things viz. 1. That he be a true tenant to his Lord. 2. That he sufficiently repair his tenements 3. That he pay and do all suits Customes and Services at his dayes assigned for he tooke upon him to do so when he did Fealty and if he do not pay his Suits Customes and Services the Lord shall have good remedy and recover the same with his damages and if he be a Copyholder and do the contrary he forfeits his Copyhold 21. Also you shall enquire if any tenant of this Lordship which is obliged by reason of his tenure to do suit unto the Lord will do the same yea or no and present it and whether any have used to with-drawn their suit from the Lords Mill in not grinding their corn there and present it 22 You shall also enquire whether any Waif or Stray is or was within the Lordship and whether the Lord be answered of the same if not present by whom they are conveyed away Also you shall enquire if any Heriot be conveyed away and by whom and present it 23. You shall also enquire whether person have made Rescous against the Lord or any other Officer and present it Rescous is when the Lord distraineth in the land holden of him for his Rent or services in arrear or if the Lord come upon the lands and would distrain and the Tenant or some other will not suffer him this is Rescous Likewise if the Lord distrain for service behinde or for damage-Feasant and in driving cattell to pownd the Beasts enter into the house of the owner if he that distraineth pray deliverance and the possessor will not deliver them this is a Rescous therefore if Rescous have been made you shall present it 24. Also you shall enquire whether any person hath broken the Lords pownd that is to have taken away a Distresse put in and present it You shall understand that if the Lord do distrain any Tenant for Rent or Service in arrear he may impownd the same Distresse in a Common pownd if he will or in his owne ground or in his neighbours if he will by the licence of his neighbour and all those places in which the Lord doth impound any Cattell are called the Lords pownd but not so when another doth impound any Distresse in his own pownd or in his neighbours It behoveth him to give notice to the other party for that if the Distresse be quick he may give it meate and then if the Beast die for want of sustenance he that was distrained shall be at the losse and then he that distrained before may distrain againe for the same rent or duty 25. You shall also enquire if any Tenant within the precincts of this Mannor hath suffered any Farme or House to fall to decay which at any time since the first yeare of the Reigne of Henry 7. hath beene let with twenty acres of land and present it For if they suffer their houses to fall to decay the Lord may take and distrain for halfe of the issues and profits of the same and keep to his owne use untill such time as the houses shall be sufficiently builded and repaired viz. maintained again for husbandry 26 Also you shall inquire if any inhabitants or Commoners have over-charged the Common or High wayes or your Common fields by putting in more Cattell then they ought to do and whether any of them have put their Cattel in any the Commons aforesaid before the dayes agreed upon and present it for the Lord as it seems may distrain the surplusage damage feasant or else you may make among your selves orders and lawes for your owne profit that none shall do upon certaine penalties c. and by such Lawes the Inhabitants and Commoners shall be bound c. 27 You shall also enquire if any persons have made any pits in the high wayes and whether any person do commonly break hedges and suffer any Hogs to go unyoaked or unringed to the annoyance of their neighbors 28 You shall also enquire whether any persons have drained or stopped any wayes waters ditches paths or turned any of them into a wrong course and present it 29 Also if any have incroached any Land of the Lords viz. Land Meadow Pasture Wood Heath Moor or any other vacant land without license of the Lord by setting of his hedge pale or otherwise and present the same Note that
office how derived 279 When first established ibid. His office is duplicate viz. general and special 280 and 281 What person ought to be a Coroner and how qualified 281 282 283 Of the number of Coroners in each County 284 Of the power and jurisdiction of Coroners ibid. What persons are to be of the Coroners Inquest and how qualified 286 287 The Method of keeping the Coroners Court 287 288 289 290 291 292 293 His Ministerial power 294 His Fees ibid. Custome to pull downe houses and cut downe trees not good 368 Constables 327 Crossebows 337 Copiholder may not let longer then a year and a day 355 Copihold granted by a disseisor may be avoided by the disseisee 357 But admittance upon surrenders good ibid. None can passe a larger estate then he hath ibid. Copiholder What person is sufficient to be a Copiholder 358 What interest he hath in his estate ibid. 359 Husband to a woman Copiholder shall not be tenant by the Curtesie without speciall custome 360 The heire of a Copyholder not bound to come to any Court during his non-age ibid. Whether a Copyholder may lop trees ibid. Copyholders for life cannot claim custome to cut down and sell trees 361 No tenant by the Curtesie or Dower shall be of Copyhold lands 361 An estate taile cannot be of Copyhold lands without use ibid. Copyholder may assigne one to essoin for him but not to do his service 362 Copy-hold not extendable by Statute-Staple but it is upon the Statute of Bankrupts not lyable to any charge of the Lord 363 Common Nusance 327 Common Pownds 328 Common Barretors 331 Curriers 336 Court-Baron 349 How Court-Barons were first instituted 352 VVhat parts a Court-Baron doth consist of 338 Court-Baron cannot be separated from a Mannor 337 The difference between Court-Leet and Court-Baron 340 341 Of the time When and the place Where the Court is to be kept 342 The manner of keeping the Court ibid. and 343 344 The charge of the Court 345 D DUces tecum What 14 Declaration What it is 14 15 Modo forma 15 Demurrer what 18 Distress what good and What not 26 27 28 29 30 31 Ditches hedges and high-Wayes kept and scoured 330 Discontinuance one seized in the right of his wife surrenders it and dies no discontinuance to the wife 370 E ESsoin what it is 14 Execution in the County Court and What goods may be taken upon it and what not 32 33 34 Where the under Sheriffe justified the breaking of three doors to do execution 185 Elegit Where it lies 71 174 What it is 176 The Sheriffe may take a moyety of the Lands of the Conusor and all his goods and chattels and the valuation of the goods and lands must be found by inquisition ibid. He must return the extent and that he hath delivered the Lands 177 Term of years delivered in execution upon Elegit good and also rents ibid. The Sheriffe must return the moyety distinctly unlesse they be tenants in common ibid. He cannot deliver a Lease at another value then What the Iury had found it at ibid. Goods cannot be sold by the owner after the Teste of the Elegit ib. An execution valuable Without satisfaction ibid. VVhere a Cap. lies after an Elegit 178 Lands sold after judgement shall be liable to satisfie it ibid. Two Writs of Elegit delivered to the Sheriff at one time how to be executed ibid. Several Elegits may issue into Counties ibid. No Cap. ad sat nor fieri fac doth lie after an Elegit and why 179 An Elegit sued after one is taken for the Protetectors fine he shall go at large 181 Escapes 208 What an Escape is ibid. For felony it is felony in him that suffers the escape ibid. If a prisoner escape yet upon fresh suit and taken he shall be in execution ibid. One in execution cannot go out of the Goale though with the assent of the Sheriffe ibid. The Protector cannot command without Writ to free a man c. ibid. If the Sheriffe die and one breakes the Goale no escape 209 If a woman-Goaler marry a Prisoner adjudged an escape ibid. It is no escape if Prisoners be removed out of the County that they may be removed to another place within the same County but not for their ease for then it is an escape ibid. The Sheriff upon fresh suit may take a prisoner in another County ibid. No felony in the Goaler to kill a prisoner that attempteth to escape ibid. All that come into the Goale ought to be kept close and safe ibid. One taken upon a Cap. by a wrong name c. a Testat issued out against him by his right name and was taken in Execution and suffered him to escape and the Sheriffe was judged answerable for the escape 210 A mans wife taken in execution and suffered to go at large before the debt satisfied adjudged an escape ibid. A reprisall by fresh suit before the action brougt excusable but a reprisall after the action brought no excuse 211 212 213 Exigents and Proclamations to be proclaimed five County dayes 10 Extendi facias what 168 Election of Parliament men how and when they are to be elected 216 Who may be electors 217 Time when they are to be elected ibid. What persons are elegible and what not 218 Punishment of Sheriffes for their negligence in elections or returnes 219 Penalties on Counties and places for not electing ibid. Escape voluntary what 326 Escape negligent what ibid. Evesdroppers 338 Estrayes 340 F FEes to the County Clerke 54 To the Attorney in the County Court 55 To the Bayliffe for executing Processe out of the County Court 55 56 Fees of the Sheriff 221 222 223 VVhat fees the Vnder Sheriffe of Middlesex useth to take 223 Fees payd by the Sheriffe in rendring his accompts into the Exchequer 225 226 227 Fees of the Coroner 294 Fees of the Court-Baron 373 374 Fieri facias where it lies 71 174 VVhat it is 183 The Sheriff must be cautious in executing this Writ c. ibid. If he for a debt of twenty pounds takes goods and sells them for forty pounds he may keep the surplusage till the Defendant demand it of him ibid. Sale upon a Fi. fa. shall stand though judgment be after reversed 184 Vpon a judgment against an Executor or Administrator no Cap. ad sat lies but a Fi. fa. c. but if a Devast be returned then a Cap. ad sat or a Fi. fa. de benis propriis c. ibid. After Scire fac no Elegit lies until the tenant be warned but a Fi. fa. doth ibid. Goods taken upon a Fi. fa. and no buyers found an order to levy the goods and lands of the Bayliffe ibid. If no goods be found the Sheriffe may sell a Lease for years c. ibid. A Scire facias issued out against an old Sheriffe after a new one elected for money levied by him c. 185 Bond taken by the Sheriff not within the Stat. ibid. VVhere
E. 4. fol. 10. 34 H. 8. Br. Pledg 28. Nor goods distrained for Rent c. may not be taken If the Conusor die in execution the Conusee may have Execution of his lands and goods Co. 5. 86. 87. Fitz. 246. b. Or if the Conusor escape his goods and Lands shall be extended A Non est inventus return'd upon the 1. Certificate a 2. not grantable yet c. 28 E. 3. 91. Execution 93. Several Certificates in divers Courts upon one Statute Execution sued in the one shall not stay that in the other 29 Ass 29. 29 Ass 41. A Statute certified for the Testator shall be certified for the Executor F N B. 132. F N B 244. The Major c. hath power to hold Pleas done in the Staple Non est inventus return'd upon a Cap. in the Common Pleas Capias extendi facias shal not issue out there without shewing the Sta. to the Iustices c. 37 H. 6. 6. 7. Statute must be shewed at the day of the return c. 26 H. 6. Ex. 6. A stranger may have Execution where the recognisee is dead Or a Satute be made to two yet one may have Execution c. 12 E. 4. 10. 11. Execut. 14. Executors must sue out a Scire facias before they can have Execution c. 17 E. 3. 31. 18 E. 3 10. Execution upon the Statute sued into divers Counties upon Nihil returned in one County he shall have Execution of the whole in the other c. 16 E. 3. Exec. 49. 41 E. 3. Statute sued of parcel of the Lands in the name of all shall never extend the rest Three bound to one in a Statute severally Execution may be against one or all Infant bound in a Stat. may avoid it during his Minor c. The like by dures imprisonm Proper Improper Statute-Staple proper what 27 E. 3. c. 9. Statute-Staple improper what Or. 27 H. 8. c. 6 West Symb. 1. L. 2. Sect. 152. 153. 154. 155. Note 27 Eliz. cap. 4. The manner of proceeding upon a Stat. Staple Liberate Note Co. L. 6. 45. C. 2. in Higgons case Pemberton Bartams case Plow 32. El. Rot. 235. The manner of proceeding upon a Recognisance Elegit Levari facias Fieri facias Capias Proceedings against the sureties Execution of all the goods and chattels and a moyty of the Lands Execution of the Land which the Recognisor had at the time of the Recognisance c. Two sued in Execution the money deliver'd to the Attorney of the one and to the other himself good c. The heir charged c. Execution upon Stat. and findes bail doth not appear at the day c. Two sue Execution and one dies before the extent yet the lands shal be extended 11 R. 2. Brief 938. Otherwise upon a Stat. Merch. 3 Bound in a stat joyntly and severally he shall have exec against one or all but not against two c. Note May take a moiety of the lands of the Conusor all his goods and chattels Westm 2. c. 18. Valuation of the goods and lands must be found by inquisition Co. 4. 74. The sheriff must return the Extent and that he hath delivered the lands c. Term of years delivered in execution upon Elegit good and also rents The sheriff must return the moiety distinctly unless they be Tenants in common c. Brownl Rep. fol. 38. The sheriff cannot deliver a Lease at another value then what the Jury had found it at Goods cannot be sold by the owner after the Test of the Elegit An Execution valuable without satisfaction 23 H. 8. cap. 5. Note where a Capias lies after an Elegit Hobert fol. 58. Lands sold after Judgement shall be lyable to satisfie it Two Writs of Elegit delivered to the Sheriffe at one time how to be executed Severall Elegits may issue into severall Counties No Capias nor Fieri fac doth lye after an Elegit and why Mich. 30 E. 3. Cap. 24. Prisoners must be kept in salva arcta custodia Fitz. 93. a. c. Cap. ad satisf where a Cap. lies in the Orig. Nothing but the body can be taken by this Writ Co. 5. 8. A man in the custody of the Sheriff and a second Writ is delivered to him he shall be in his custody upon it although not actually arrested 7 H. 4. 30. Two bound in an Obligation joyntly and severally both may be sued and taken in execution c. No Cap. ad satisf for damages in a Writ of Dower No return required upon a Cap. ad satis Cap. pro Fine Cap. Vilegatum Cap ad valent Cap. pro Fine what it is An Elegit sued after one is taken for the Protectors fine he shall go at large One taken upon a Cap c. in trespasse c. 47 E. 3. Execution 41. Cap. Utlegat what it is Note Cap. utleg inquiras de bonis catallis what it is Cap. ad Valen. what it is Westm 2. c. 18 13 E. 1. The Sheriffe must be cautâ—ous in executing this Writ c. Dalt office of Sheriffs fol. 60. If the Sheriffe for a debt of twenty pounds takes goods and sells them for 40 l. he may keep the surplusage till the Defendant demand it of him Noy's Reports fol. 59. Sale upon a Fi. fa. shall stand though judgmeÌ„t be after reversd Vpon a Iudgement against an Exec. or Administra no Cap. ad sat lies but a Fi. fa. c. But if a Devast be returned then a Cap. ad satis or a Fi. fac de bonis propriis c. After Scire fa. no Elegit lies until the tenant be warned but a Fi. fa. doth Goods taken upon a Fi. fa. and no buyers found an Order to levy the money upon the goods and lands of the Bailiff 5 E. 3. Ex. 101. If no goods be found the Sheriff may sell a Lease for years c. 19 E. 3. Ex 148 A Scire facias issued out against an old Sheriffe after a new one elected for money levyed by him c. 9 E 4. 50. Scire fac 2. Bond taken by the Sheriff not within the Stat. of 23 H. 6. c. 10. 19 H. 6. 43. Co. 10. 99. b. 3. in Beaufages case Where the under Sheriff justified the breaking of three doors c. to do execution c. Crooks second part fol. 555. 556. The Sheriff may sell a Lease for years c. without taking inquisition of them Co. 5. 90. 4. 74. Four Reasons why no return is required upon a Fieri fac Register Origin fol. 298. b. 300. b. Plow 441. Stat. Westm 2. cap. 45. Fitz 266. c. Part of the sum levied a Sicut alias Levari facias may issue out for the residue Fitz. 265. h. Co. 6. 51. F N B. 265. Westm 2. c. 18. Habere facias seisinam what it is and where it lies Habere facias possessionem what it is and where it lies F N B. 220. 221. Co. 5. 91. 1. 6. 51