not yet presented and present the same and what Lands and Tenements he held of his Mannor at the time of his death and by what service and who is next Heir to the said Inheritance If it be Socage-Tenure the Lord shall have his Fealty one yeers Rent for a relief over and above his yeerly Rent I do not mean the Rent to the value or profits of the Land though many Lords of Copy-holders have much mistaken themselves of late in this case or else the Tenants do too much mistake themselves to the Tenants undoing when the fine hath been stretcht by the cloak bag-strings of the Lords conscience and for his relief the Lord may distrain immediately after the death of his Tenant You shall enquire whether any Freeholder hath aliened or sold away his Free-hold or any parcel thereof and present it for he which bought the Land before he enter ought to give notice therereof to the Lord and if he bought but a parcel the Rent ought to be apportioned accordingly between both parties according to the value of the Lands sold Fourthly Enquire whether any one man hath two several parcels of Land holden by several Titles dieth seized of the same the Lord shall have two Herriots by his death You shall also enquire whether any Copy holder dieth seized of any Lands so holden and present it Also whether any Copy-holder hath made any Lease of his Copy-hold or otherwise aliened or sold the same without surrender and present it for its a forfeiture of his Copy-hold Enquire also whether any Copy-holder hath made any surrender of his Copy-hold or any part thereof since the last Court-day or before and present it and into whose hands it was made and to whose use for at every death or other alienation the Lord is to have a Fyne were it not for this few Lords would keep any Court at all though they ought to do it to do justice to their Tenants and the party into whose hands the surrender is made ought at the next Court to present the same and to certifie the surrender into Court to the use of the alien according to the trust reposed in him on pain of forfeiture of his Copy-hold and the party that receiveth the surrender is not invested in any right in the estate by the surrender unless he be admitted Tenant in Court Enquire also if any Tenant of this Manor have given any of their Lands into Mortmayn and present it if any man give or sell any Lands to any house of Religion or to any other which be corporate by the Kings Grant or if any one make any Feofment upon trust to the use of any Religious house or to the use of any Fraternity or Corporation this is Mortmain You shall also enquire whether any Tenant for term of life or yeers or any Copy-holder of this Lordship hath made any waste or suffered any waste to be done upon their Lands and Tenements and present it Waste is when any Tenant for term of life or yeers or any Copy-holder pulleth down any house or cutteth down timber-trees or suffereth any of his Copy-hold-Tenements to decay or fall or if any of the Tenants plow up any medow ground or if they suffer any wall or pale which was covered to be uncovered by reason whereof the same wall or pale doth fall or if any Tenant dig coals chalk sand or make any Myne in his Ground it is commitment of waste But if a Tenant fell Timber to repair Houses in decay upon his Copy-hold and therewith doth repair them or therewith build a new house or any new building this is not waste But if he cut down and sell any such Timber this is waste Also Copy-holders may cut down Wood to burn upon their Tenements or to make Reparations without waste Enquire also whether any Tenant died seized of any Lands holden of this Mannor having no Heir at the time of his death his Lands shall escheat to the Lord. None shall inherit Lands in Fee-simple unless he be Heir of the whole blood and understand that a Bastard can never be Heir unto any man neither can he ever have Heir but his children of his own body lawfully begotten therefore if any Bastard die without issue or any other Tenant die seized without Heirs present it Also if any Tenant seized of any Lands or Tenements was ejected therefrom by one that had no rightful Title thereunto and after dies without Heir the Lord shall have his escheat as well if the Tenant had died seized ergo enquire thereof and present it Enquire also if any Tenant of this Mannor hath been attained for any Treason Felony or Murder for which he had judgment although he were afterward delivered or were burned in the hand the Lord hath his Lands by escheat or if any one hath abjured the Land or be outlawed for any Treason Felony or Murder present it for the Lord shall have his Land by escheat You are also to enquire if there be any rents customs or Services withdrawn from the Lordship which are due and of right ought to be done thereunto and what Rights Customes and Services they are by whom withdrawn and where the Land lies out of which they be due and who holds the same and present it Enquire also whether any Waif or Stray was or is within this Lordship and whether the Lord be answered of the same and if not present by whom they are detained and if any Herriot be conveyed away or concealed present it and by whom And here it will not be any digression to tell you what a Waif and Stray is A Waif is if a Thing being pursued or otherwise to ease himself of his burden doth leave and forsake â—is goods which he hath stollen or any part of them such Goods are called Waifs and the chief Lord shall have the Goods so waived unless the Owner of them do make fresh suit after the Thief and attach him for stealing the said Goods in such cass he shall have his Goods again though they be waived but then he must sue an appeal or else procure the Thief to be convicted at his Sute 21 H. cap. 12. An Estray is if any Beast be found in the Lordship and no man know the Owner thereof they shall be seized to the use of the King unless the Lord have them by Grant or Prescription if the Owner do not claim the same within a year and a day after the Lord hath caused Proclamation to be made in the next Markets and in the Church according to the Statute Also enquire whether any person hath made any Rescous against the Lord or his Officers within the Mannor and present it That if the Lord come to distrain for his Rent and the Tenant resist him that he cannot distrain this is a rescue or if Beasts distrained run into the house of the Owner and the Distrainer prays them to be delivered to him and the possessors will not deliver
's soever concerning the said Mannor and who have been Stewards of the said Mannor within the time of your remembrance Note if there be a Survey holden for two Mannors or more at one time then say instead of Mannor Mannors And the said Mannors or either of them 2. Item That you inform what Limits and Bounds belong to the said Mannors and what Lords are bounding or bordering therupon or whether they do chalenge intrude or encroach upon the Lands of the Lords of the said Mannors 3. Item That you set forth the Free-hold Lands and â—enements within the said Mannors from the Copy-hold customary and demeasne Lands of the said Mannors and either of them or any other Mannor and who are the Free-hold Tenants or Occupiers therof and what are their names and what Free-hold Rent do they severally pay to the Lord of the said Mannors for the same 4. Item What alienations transmutations or alterations have been made of any Free-hold Lands within or belonging to the said Mannors or either of them and what is due to the Lord upon any such alienation transmutation or alteration 5. Item What Houses or Tenements of Freehold are now standing or have been decayed within the said Mannors by whom and when were they so decayed what Laws do or heretofore did beloag to every such House oâ— Tenement and what Lands have been sold from the said Houses or Tenements and to whom 6. Item What Tenements or Cottages are lately built within the said Manors that are holden at will or sufferance or by Copy of Court-Roll of the said Mannors or either of them or any other Mannors and who be the owners or occupiers thereof and what Rents and Services do they yield and pay for the same and what Laws do belong to every such Tenement and Cottage and how long since have any such Tenements or Cortagâ—s been built and what Commonage do they challenge for the same and by what right and what is the name of such Common or Commons they challenge Commonage in 7. Item How many Copy-hold or Customary Tenants are within or belonging to the said Mannors and either of them and what be their several names and what Messuages Lands Tenements or Hereditaments hath every such Copy-holder or Customary Tenant what are their several quantities and yearly values where do they lie and how they are abuttalled and by what Rents and Services doth every such Copy-holder hold the same 8. Item Whether any of the Copy-holders within the said Mannors have exchanged bargained or sold any of their Copy-hold Lands or Tenements to any Free-holder and what are such Lands and Tenements so bargained exchanged and sold yearly worth and where do they lie 9. Item Whether any Copy-hold or Customary Tenant of the said Mannors or either of them hath let or set for any time or term of years his Copy-hold or Customary Lands or Tenemenâ—s or any part thereof without the Lords license and whether any enjoy any Copy-hold or Customary Lands not having a Copy or Grant thereof immediately from the Lord of the said Mannors and what be their names and the yearly value thereof 10. Item What Lands Tenements Rents Services or Hereditaments within or belonging to the said Mannors are withholden concealed or substracted from the Lord of â—he said Mannors by whom and when c. 11. Item What Heath-Grounds Sheep-courses or Sheep-walks are within or belonging to the said Mannors how are they scituated set forth or bounded and how many Acres do every such Heath Sheep-course or Sheep-walk contain by measure or estimation and how many Sheep will the same yearly maintain and keep and what other Priviledges or Customary Feede do belong to the said Sheeps-course or Sheeps-walk and where do the same lie and at what time or times in the year is the said Priviledge and Feede to be taken and what is the yearly value of the said Sheep-walk or Sheeps-course 12. Item Whether any can or do justly claim or hold any Land that lies within the said Heath-Grounds Sheep-course or Sheeps-walks and by what tight do they hold or claim the same and how much Land have every such Land-holder and whether have they not other Lands of the Lord of the said Mannors in Leiu or exchange thereof and where do the said exchanged Lands severally lie and how are they abuttalled and bounded and what be the several Names of the Occupiers of such Lands and their several quantities 1. Item What Commons commonable Grounds waste and vacant Grounds are within and belonging to the same Mannors and what be their several names how are they scituated meered set forth or bounded and how many Acres doe every such Common commonable Grounds waste and vacant Grounds contain by estimation and who can and do justly claim or pretend to have any Common of Feede in the said commonable Grounds waste and vacant Grounds and what be their several names 14. Item What Inclosures and Incroachments have been made at any time heretofore and now being in upon or out of the said Commons commonable Grounds waste and vacant Grounds by whom where and when were they made and what quantity and by what warrant or right they did or do hold the same 15. Item What plantings or Trees is now and have been hertofore set or growing upon any of the Commons belonging to the said Mannors or either of them by whom they have been so set or planted and what be their names that challenge the same as belonging to their Houses of Tenements and what be the names of such Houses or Tenements and how far off are the said Plantings or Trees planted or growing from the said Houses or Tenements and what number of Plantings or trees do they severally challenge to belong to their said Houses or Tenements and by what right and who ha h lopâ—ed felled sold or converted to their own use any such Plantings or Trees and for how much do they or any of them hold the same 16. Item What demeasne Lands are belonging to the said Mannors and either of them and where do they severally lie and how are they abuttalled and what be their several quantities and qualities and their yearly value and what be the names of them that have them in Farm exchange or Occupation and for what Rent and term or for what cause do they severally hold the same 17. Item What Liberties Freedoms Frankchises and other preheminences and royalties do belong or appertain to the said Mannors what are the same and what profit may be yearly or otherwise made or raised by the Lord thereby 18. Lastly to enquire and certifie who shal neglect or refuse to bring in and shew forth their Deeds or their Evidences of all their Free-hold Lands and Tenements within the said Manor together with all their Copies or Court Rolls of all such Lands as they severally hold by Copy of Court-Roll of the Mannors aforesaid for the better setting forth and distinguishing of the said Lands accordingly
THE POWER PRACTICE OF Court-Leets With the Manner of Keeping A Court of SURVEY for Mannors Lands and Tenements ALSO Certain Dubious Cases in LAW Opened and Interpreted Published for the Common good of all Both Landlords Tenants and others By Ph. Ag. of Grays Inne Esq LONDON Printed for Samuel Speed at the Rainbow in Fleetstreet 1666. These following Law-books with Variety of others are to be sold by Samuel Speed at the Rainbow in Fleet-street ACtions upon the Case for Deeds viz. Contracts Assumpsits Deceits Nusances Trover and Conversion Delivery of Goods and for other Male-feasance and Mis-feasance by W. Sheppard Esq in Folio Declarations and Pleadings contained in the eleven parts of the Reports of Sir Edward Cooke sometimes Lord chief Justice of England in Folio The Antiquity Authority Uses and Jurisdiction of the Ancient Courts of Leet or view of Frankepledge with an explication of the Oath of Allegiance and the Kings Royal Office of protection annexed by Robert Powel of New-Inne Gent. in Quarto An Abridgement in English of the Cases reported by Sir Francis More Serjeant at Law by W. Hughes of Grayes Inne Esq in Octavo A learned Treatise of Wards and Liveries by the Right Honourable and Learned Sir James Ley in Octavo The ancient and present manner of holding Parliaments in England with their Priviledges by H. Elsynge Esq sometimes Clerk to the Honourable House of Commons in Octavo The Book of Oaths and the several forms thereof both Ancient and Modern in Twelves The Compleat Lawyer Or a Treatise concerning Tenures and Estates in Lands of Inheritance for Life by Sir Will. Noy of Lincolns Inne Attorney-General to King Charles the First in Octavo The Tenants Law a Treatise very useful for Tenants and Farmers of all kinds and all other persons whatsoever by R. T. Gent. in Twelves The Antiquity Extent and Power OF Court-Leets And the form of keeping them IF Antiquity may offer it self in plea for Authority then good cause hath this Court to challenge equality if not preheminence above any in the Commonwealth of England for it was established long before the Conquest and in those days held Plea of all matters in difference either for meum and tuum the two greatest Adversaries in the world or pro placitis Coronae which intends generally the keeping of common peace and welfare in a Nation which is the crown and dignity thereof and the breach thereof is aptly called Crimen lesae Majestatis And so duely and impartially in those days were the Liberties and Laws of this Court observed that it is yet and ever wil be recorded amongst our Legenda aurea that in those days a child might travel safely in the Road with a bag of gold without danger and then the Ways were more dangerous in regard of woods being more full of Woods but I think not so well stored with Thieves as now so that we have destroyed the one and yet in too much plenty reserved the other But to avoid digressions and prolixity too we shall proceed to the formality of proceeding in a Court-Leet as now it is and by the way observe that all manner of Crimes from the highest Treason to the lowest Trespas are here enquirable though not punishable of whâ—ch in order you shall have a perfect description A Court-Leet is at most kept but twice a year in some places but once and in some lazie Lordships not at al but left as a thing obsolete and usâ—less The manner thereof is first about fourteen days before the Court is to be kept for the Bayliff to give notice thereof by vertue of a Precept to be by the Steward of the Court pro tempore existente to him directed which usually runs after this form The Summons for a Court-Leet H. ss A. B. Gent. Steward of the Mannor or Hundred or Leet aforesaid To the Bayliff thereof greeting I command you that you summon and warn all the tenants of the said Mannor as well residents as not residents and all customary tenants of the Mannor aforesaid that they be before me at H. aforesaid on Thursday the 26 day of March next coming to do their Suit unto the View of Frankpledge and all things thereunto belonging c. Dated c. Then the Steward ought to enter on the Court-Roll the Style of the Court which is usually after this manner The Entry of a Court-Leet together with a Court-Baron H. ss The view of Frank-pledge with the Court-Baron of C. L. Esq Lord of the same there held the 20 day of March c. By A. B. Steward there Then make three Proclamations when you call the Court and then a Proclamation fbr Essoins and profers of Suit and Plea which if any be enter them in the Court-Roll and afterwards proceed to impannel and swear the Jury for the Inquest Swear first the Fore-man by himself and then the rest by two or three at a time The Oath is usually the same in substance and not differing much in form from the Oath of the Fore-man to a grand Inquest in Assizes and Sessions and might be omitted but lest the young Tyroes might want it I will in insect the method thereof thus The form of the Oath to the Fore-man of an Inquest at a Court-Leet You shall diligently enquire and true-presentment make of all such matters as shall be given you in charge the councill for the Lord Protector Commonwealth King or other Title of the supream Magistrate as the Law commands your fellows and your own you shall well and truly keep you shall not conceal any thing for favour fear promise or affection nor present any thing for lucre hatred or malice but in all things you shall present the truth the whole truth and nothing but the truth according to your evidence So help you God and by the contents of this Book The Oath of the rest may follow in this manner All such Oath as A. B. your Fore-man hath taken on his part you and every of you shall well and truly take keep and perform So help you God This being done and Proclamation made for every one to keep silence and give attention the Steward is to proceed to give the Charge which is to consist of these particulars The Charge of a Court-Leet consists of two parts one is things there to be enquired of but not punishable there and the other such offences as are three presentable and punishable by Fine Amerciament c. Know then that to avoid needless circumstances we shall briefly tell you that a very proper comparison may be made between the disposure of a Commonwealth and a natural Body as between the Macrocosmus and the Microcosmus The Commonwealth is a Politick Body consisting of a head and members the one subservient to the other in his proper office as the members of the natural body are which maintains a mutual harmony and a flourishing condition in the whole But as the natural body is subject to infirmâ—ties so also is
whereby the Survey of the said Mannors may be made the more perfect The manner of making the Terrar or Field-Book may be thus A general Survey and Field book taken at H. in the County of S. holden for the Mannors of G. and H. by R. T Steward and Survayor of the same the 10 day of M. 1656. wherein all the Messuages Lands and Tenements in the said Mannors are set forth butted and bounded The Tenure how all such Lands are holden and who be the right Owners thereof Then begin at what part of the Town you please so go through setting down every parcel of Land Messuage or Tenement distinctly abutting and bounding it and at last set down the Tenure and Title of the Owner or Inheritor according to his evidence for the same as thus if you begin at the Mannor house then begin your Survey Book A. B. Esq Lord ef the Mannor of H. c. holdeth one Messuage or Mannor house being the scite of the Mannor aforesaid in his Demeasne as of Fee together with Barns Stables Dove house Orchards Garden c. abutting and bounding the same exactly Then proceed to the next land as you go whether East or West if East then thus A. S. holdeth next and more East twenty Acres of Arable Land abutting c. as it lies c. by Copy of Court Roll ut patet per Cop. suam de Rotulis Curiae If it be Free-hold of Inheritance then say A. S. holdeth of the same Mannor one Free-Tenement c. abutting it exactly and putting down his Title and Tenure according to his Evidence If the Lords of Mannors and Tenants in their several Parishes and Townships would but joyn together with a little charge they might have Books of Survey made of their several Mannors wherein each mans Propriety might be recorded and known and this being done but once in an age or by every succeeding Lord his Tenants and himself might live in amity and tranquillity and many chargeable and vexatious Law-Suits to the undoing of thousands avoided and people might quietly follow their Vocations at home and not the promotion of others by the ruine of themselves But probably the Obstructors of Peace will give me small thanks for this Oh Mounseur Self-ends and Avidus when wilt thou depart from us R. T. Pacis dulcis Amator Acording to promise I shall proceed to declare the manner of proceeding in some inferiour Courts of Record of this Commonwealth bot declaring them sitter Objects of Reformation then Pratice they were indeed originally instituted for the more speedy administration of Justice between party and party in their Corporations but are now by the corruption of time become Instruments of vexation and injury and because they are seated in the Metropolis I shall first begin with the Sheriffs Court of London There is holden at the Guild-hall for the City of London two Court-days for one Compter holden before one of the Sheriffs and two Court-days for the other Compter before the other Sheriff in every week holding Plea in all personal Actions ad infinitum Their Practice in both Courts differs neither in manner nor form nor substance but the beginning of their proceeding I mean the levying of their Plaints is the most unjust and illegal both in the eye of the Law and of all rational people of any Court in the World For indeed the blame of all Courts is that they do not issue out Summons and take sufficient Pledge to prosecute upon the Return of the Summons as the Law originally intends before the awarding of any Capias for arresting the Body of the Defendant but return an Originall of course as they call it sometimes and sometimes not at all putting John Doe and Richard Roe for pledges to prosecute whereas indeed there ought to be a due Summons first returned and Pledges that iâ— sufficient Sureties That if the Plaintiff do not prosecute or be overthrown in his Action the Defendant shall be satisfied his costs and damages for his unjust trouble charge and vexation But the Practice of these Sheriffs Courts is so far from this that they make out no Process nor Precept at all for to warrant their Arrest But they have a Book in their Office at the Compter-gates wherein they enter the Actions that is the Plaintiffs and Defendants Names and the Debt or Damage and that is all And this is most often done after the party is arrested and in Prison for if two of their Varlets meet a man in the street minding to make a prey of him for which they continually lurk they immediatly seize on him if they know but any person he hath any dealing with be the Case right or wrong they presently drag him to the Compter or their petty Goals at next door and then run and enter against him what Actions they please in the Name of any Man And at the next Court-day the Defendant perhaps after two or three days imprisonment may obtain a Non-Sute and shall have adjudged him 7 s. 2 d. for his Charges which is not the tythe thereof and that he may look for if he can tell of who or any man whatsoever that hath any envy in his breast which there are few that want may come and enter an Action against any man he 's minded to do a mischief unto and keep him in Prison at 8 d. per week charges to the Knave as long as he livâ—s And their way of taking of Pledges of prosecuting is thus To demand of the Plantiff or he that enters the Plaint where he lives if he say in Fleet-street then then they enter Pledges to prosecute Johu Fleet Richard Street if in Common-Garden then Pledges c. John Common Richard Garden according to the place the party names though no such man be And it is a great oppression to Country-people who are thus snapt up by irregular Proceedings This is not to expedite Justice but to disgrace the Law and wrong the Commonalty By this means I have known many utterly undone and some have lain in Prison five weeks upon this account and never knew heard of nor could never find out his Adversaries And then after this he hath non-suited their Actions entred over and over again they take a President from a worse then this that I must take so much leave as plainly to speak of that is the Court of Upper-Bench from whence issues a Writ called a Latitat or in the County of Middlesex A Bill of Middlesex and uppon the supposition of one of these returned though never any such thing be they reward a Latitat into all Counties to take the Defendant without naming the cause onely Trespass be it what it will be upon which if he cannot put in bayl he shall lie in Prison three Terms which somtimes with the Vacations to boot is above three quarters of a yeer and then if the Plaintiff declare not he may obtain his Liberty by a Supersedeas if he hath money
to purchase it but not a farthing costs or any remedy against the party that injured him by this wicked practice many a poor Soulâ— miserably endes his dayes in New-gate And if a man be arrested by a Latitat or Bill of Middlesex and the Pâ—aintiff never declare after he hath put in Bayl he shall not have any costs but only a Non-suite or a Discontinuance as they call it unless the Defendant appear in person and that is hardly worth his while This I make bold hereto mention because it is a Grievance crieâ— loud for Redress and so doth the City-Court too for can it seem reasonable that any man should be arrested and imprisoned he knows not why not wherefore and most times irregularly the Serjeants having the advantage to do it without Warrant or any Precept or Process to be shown oftentimes nay most commonly imprison the Defendant without any Action entred against him This Practice was abhorred by the Heathens and then is it not a shame it should be tolerated by Christians But after the Arrest the Defeâ—dant appearing by Attorney the Plantiffs Attorney declares if cause be and then they fairly proceed to Trial according to the substance of the Proceeding of the Upper-Bench though different in form and to the Defendant if he be a Free-man in case of debt is allowed four Defaults by which time he may make his peace if he be wise And by the way give me leave to tell you that I have read and I am sure 't is reasonable That it is not lawful for a Citizen or one living in a Corporation to arrest any stâ—anger that inhabits in another Country into one of these Courts but by Pâ—ocess from above for these Courts had their Authority granted them originally from the King for their ease and the more easie dispatch of Justice between one another in their several Franchises for as the Forraigner hath no benefit by their Franchise so ought he not to be impleaded in their Courts Besides a great disadvantage lies upon the stranger being far from home and distant from Friends is too often enforced to purchase his Liberty by an unjust Composition There is also a Court holden before the Major and Alderman in the Guild-hall of the said City unto which the Sheriffs Court is subject by removal and both of them to a Habeas Corpur out of the Upper Bench or Common Pleas if the Action be not under five pounds and if it be then the Defendant may cause another Action to be entred against him at the Sute of any person he will name which is above 5 l. and remove both together There is also another Court of Equity held between one Freeman and another in the said City wherein they regularly proceed by Summons in all Debts not exceeding 40 s. and pity it is that the Authority of that Court extends no higher Thus by the head you may guess at the whole Body I mean the Proceedings of â—ll Corporations for setting the first Arrest or Process aside when they come to declare they do generally in theâ—r Declarations imitate the Bills and Declarations of the Upper Bench. I would be larger but I proceed to other things here more aimed at only by the way let me desire the Stewards and Judges of all such Courts to be careful in amending what Erâ—ors they finde have through the rust of Antiquity crept in among them endeavoring as much as they can the ease of the Subject and equal Right to all Certain Questions and Cases in LAW Resolved 1. JOHN Doe surrendred to his Wife certain Copy-hold Land of Inheritance to her and to the Heirs of their two Bodides to be begotten and for default of such issue to the right heirs of the said John Doe but in the said surrender doth not express that he gives it to her for her Joynture although it was his intent she should have no other Dowy whether is this a Joynture or not 2. The said John Doe died without Will his Wife administred and there was certain Timber felled for the repair of a Copy-hold belonging to the Heir which the Praisers refuse to put into the Inventory for the reason aforesaid This Widdow marries again and her Husband takes away the Timber so felled from off the Lands belonging to the said Heir whether is this Felony or not 3. Her said Husband is the Lord of the Mannor and doth detain and keep certain Writings from the Heir of the said Deceased refusing to keep any Court where the Heir should be admitted Tenant to certain Copy-hold Land lying within his Manor but doth destrain for Quit-Rent upon the Land belonging to the Heir refusing to deliver the Heir his Writings or shew any Title he hath to the Quit-Rent 4. Whether the aforenamed Surrender being accepted and taken doth not barr the woman to have any Dowry either in Fee or Copy-hold Lands after her deceased Husband although the Custom Bank of that place where the Copy hold lieth renders the Widdow of the Deceased the third part of the Lands that her Husband died seized of 5. What sorts of Wood is accounted Timber by the Law and whether the Woman by vertue of the aforenamed Surrender can cut and sell any manner of Woods growing upon the said surrendred Lands to make a waste and spoil or whether the Land restrains her but to cut for necessary uses 6. Whether the Widow of the Deceased in her Widdowhood letting a Leese Parole for five yeares of her surrendred Land contrary to the Custome ought not to make good the said Lease Parole to the Tenant because he shall be much damnified if he enjoy not the same 7. If a man taken with an Execution for Debt by the Sheriffs Bayliffs and the said Bayliffs suffer him to make an escape and the Creditor reneweth not the Execution in two or three yeares after whether may he afterward bring his Action against the Sheriff or the Debtor 8. We desire to know what penalty is to be laid upon the Lord of the Mannor which ought to keep a Court-Leet once a year and doth not and to whom the penalty belongeth 9. How Lords of Mannors do hold their Lordships and Mannors and whether they pay any Rent therefore or no 10. If Lord of a Mannnor commit Felony who is to have the forfeiture of his Royalty The Resolution of the foregoing Questions To the first A Joynture of a Copy-hold doth not bar Dower for that at the common Law it it did not and by the Statute of Uses the Joynture must be of Lands at the common Law and whereof Uses might be raised which holds in neither in Copy-holds 2. It is not Felony but the Lord of the Mannor may have an Action of Trespass again the said Husband or the Heir may have an Action upon the case against him 3. The Heir may sue him at common Law for detaining of his Writings and touching the distress for Quit-Rents let the Tenant bring a Replevin and
through the negligence though against the will of his Goaler or Keeper and if he be not freshly pursued and taken before they lose the sight of him the Goaler shall therefore suffer a Fine Petty Larceny is also here to be enquired of which is the felonious taking of any thing under the value of 20 d as Hens Geefe Piggs or pilfering things of small value out of windows these things are here to be enquired of For these offences The house of Correction were more proper for the offendor then the Goal and punishment used so likewise more satisfactorily might all Felonies be expiated by the Felons labour till restoration be made then by death For lex talionis is the most just law in the world bloud requires blood and nothing else it is more precious then to be spilt as to often it is But while it is as it is y u are to enquire what Goods or Chattels Lands and Tenements any Felon hath at the time of the Felony committed for the persons so offending forfeit their goods to the Lord of the Leet and their lands are to escheat to the Lord of whom it is holden And thus much concerning such matters and offences as are to be enquired of and presented a a Court-Leet and to be certified to the Justices of Assize In the next place follows such things as are here to be presented and punished This being a Court of Record here may be brought Informations upon all penal Statutes or an action of Debt at the election of the Plaintiff or Informer Offences of this nature in this Nation do at this time too much abound parly by the Ignorance of such as would prosecute them but know not the Law nor the encouragement and chiefly by the countenance of those that should take cognizance of them and punish them but they are more apt to incline to take the Delinquents part then the Prosecutors Know therefore that amongst these Caterpilers of the Commonwealth the Gamester is the principal Verb by which wicked practice how many Families and persons are utterly ruined And yet none so much favoured and defended these But to prevent this destructive evill the Law hath provided that if any man shall keep either in his house yard or backside any playing or suffer any to play at Tables Cards or Dice Coits Clash Loggets or Nine-pins Shove-groat otherwise called Slide-thrist or shall keep any Bowling-green or alley and shall suffer any person to play therat or at any other unlawfull game either now invented or to be invented every such person and persons shal forfeit 40 s. a day for every day wherein he kept such gameing as aforesaid And all persons that shall play at any such-games forfeit every one the sum of 6 s. 8 d. for every day that they shall play at any such games as aforesaid one moyty of all such Forfeitures shall go to the use of the Lord Protector the other moyety to any person that will sue for the same non constat what he is worth per annum as some pretend in any Court or Cours of Record either by action of Debt Bill of Indictment Plaint Suit or Information wherein no wager of Law Essoyn or other protection is to be allowed the Defendant Therefore in this Court an Information action of debt or Plant lies against gaming-houses and players therat if any such there be within the Jurisdiction of the Leet as there are few places free from them And the Jury is also to inquire of these offences present them In the next place and indeed he ought to be a the upper end of the board for he 's the ringleader of all wickednes comes Mr. Ale-house keeper or Mr. Victualer as he calls himself This is one that is seldom guilty of one fault alone yet he 's so elevated with the vapours of his Ale that he 'll bid defiance to the law and them that prosecute it and many times the Constable or him that is sworn to present his Abuses dares not because out of the flushes of his easie gains he lends him money But the Jury at every Leet and other Inquest is sworn to enquire and present if any one sell Beer or Ale without license It will not serve their turns to pretend they are free Cooks or free Inholderâ— for the statute excuses none The punishment for an unlicensed Alehouse-keeper is at the discretion of the Judge or Justice either by the the Statute of 5 Ed. 6. wherein the penalty is 20 s. to the use of the poor deducting a third part to the Informer if it be by information of the parish where the offence is committed or in default of paiment thereof the Ale Merchant is to be publickly whipt Another penalty by the Statute of 3 Car. is three days Imprisonment without Bayl or Mainprize and afterwards until he shall put in sufficient security not to Victual any more without License Also if any Alehouse-keeper licensed or unlicensed shall sell Beer or Ale in unsealed Measures as Cans stone-Juggs black Pots or the like or in any other unsealed Measures or shall sell less then a full Ale-quart of the best Ale or Beer for a peny or take above a peny for a full sealed quart he forfeits for every such offence 20 s. one third part thereof to the prosecutor and two parts to the poor of the Parish Honest men mâ—ght well employ themselves to punish these Offenders and doing it impartially without respect of persons may do much good to the Common-wealth preventing these fellows from growing from bad to worse by putting their ill-gotten gains to Usury maugre their calâ—ing of them Promoting knaves And I doubt not but I shall have such prayers as the Chaplains of their Calling use for my pains If any Al house keeper shall suffer any persons to sit tipling in his house above the â—pace of an hour he forfeits Ten shillings â—nd the Tiplers Ten groats a piece If any Alehouse-keeper suffer any one to â—e drunk in his house the Drunkard forâ—eits 5 s. the Alehouse-keeper 10 s. Every Alehouse-keeper is to keep at least one lodging-bed in his house for the entertainment of strangers that is the intent of Alehouses Neither is the Alehouse-keeper to take any goods to pawn of strangers or wayfaring men nor to entertain any suspicious pe sons but to give notice thereof to the Constable or nexâ— Justice of peace Fore-stallers Regrators and Ingrossors are here also to be presented or informed against If any one shall buy corn upon the ground or other dead victuals with an intent to sell it again out of any Fayr or Market he forfeits the value of the goods so bought and two months imprisonment oâ— his body without Bayl or Mainprize There is also an Act of Parliament lately made concerning Corn and Meal That iâ— any person shall sell or put to sale any Meaâ— or Flour in his house or shop or otherwisâ— then in the open publike Market he
forfeits the treble value of the Meal or Flouâ— so sold one half of which forfeiturcâ— gâ— to the poor of the Parish where the offencâ— is committed the other half to any onâ— that will sue for the same in any Court oâ— Record by Information Indictment or Action of Debt c. And moreover the Meal-man is to suffer imprisonment of his body the space of one month without Bayl or Mainprize If any one shall sell wine without License he forfeits five pounds a day for every such offence one half to the Protector the other half to the Prosecutor If any one shall use any Art Mystery or Manual Occupation having not been brought up Apprentice thereunto by the space of seven years he forfeits fourty shillings a month for every month he shall so use it one half of the Forfeiture to the Protector the other to the Prosecutor If any person of the age of sixteen years or more shall wilfully absent himself from his Parish Church and shall not repair thereunto or som other lawful Parish-Church or Chappel during the space of a month he forfeits for every month he shall so refuse going to Church and not having a lawful excuse to the contrary the sum of 20 l. the Forfeiture to be divided in three equal parts one third part thereof to go to the Lord Protector the other third part to the Poor of the Parish where the offence is committed and the other third part to the Informer to be recovered in any Court of Record by any person that will sue for the same by Action of debt Indictment Bill Plaint or Information I see no reason why Anabaptists and those called Quakers and Ranters too should be exempted from the penalty of this Statute any more then Papists But further to proceed to our Charge The Jury is to enquire also if all Constables Headburroughs Decimers or Tythingmen and all other Suitors that owe any Suit unto this Court be present here or not to do their Suit and Service and to present the names of all that are absent or make default They are also to enquiâ—e if any Customs or Services due unto this Court be concealed or holden back how or by whom the same are so detained and in what Bayliffs time the same was and present the same Enquiry is also to be made if any Purprestures be made upon the land wood or water with blocks staves ditches hedges or by or with any other thing manner or way done to the common annoyance of the people and present it Also if any Walls Houses Paleâ— or Hedges be made or erected within in the Jurisdiction of this Court to the annoyance of the people this is to be here presented If any High-ways Waters Ditches or Paths be turned aside out of their ancient courses this is to be enquired of and presented The Jury is also to enquire if any encroachments be made on the High-ways or upon any of the Lords soil or common or one neighbour upon another and present the same If any Laystalls be made or any carrion be cast in High-wayes this is enquitable Common disturbers of the peace or such as make Frays in disturbance of the people or breach of the peace this is to be presented If there be any common Barretors within the jurisdiction of this Leet common Scolds or makers of debate to the annoyance and disturbance of their neighbours this is enquirable Enquiry is also to be made of all Pound breakers such as break the common Pound to take any Distress out of the same their names are to be presented Also the Jury is to enquire if any persons shall make any Outcries against the Law where no cause is to the distuâ—bance of the people and present their names Also if any Rescous be made within the jurisdiction of this Court upon the Sheriff or any of his Bayliffs or any other Officers in the execution of their Office this is to be enquired of and presented Enquire also if any Eveâ—-droppers that is such as stand under walls windows at dors or other places to hear the discourse of others and to carry tales thereof to others thereby to make debate or strife amongst their neighbours present their names All such offâ—nders are to put in good security for their good behaviour the offence highly deserving it Breakers of hedges and such as walk by night and sleep by day are here to be enquired of All such as keep houses of Bawdry or ill ordâ—rs in their houâ—es to the breach o the peace or disturbance of their neighbours their names are to be presented All common haunters of Taverns or Ale-houses having not visible estates sufficient to live upon they are here to be enquired of and presented that they may give an account by what means they live And under this Article being well and duly examiâ—ed to the purpose you will finde many Thieves and Gamesters from which numbeâ— my host himself is seldom to be excluded Also if any go in any messuage for Thieves knowing them to be Thieves they are to be enquired of If any person have watered any Hemp or Flax in any river running water stream or brook or common Pond where cattel use to drink they are to be enquired of they forfeit for every such offence 20 s. the one moyty to the party grieved or any man that will sue for the same in the Court-Leet by Action of debâ— Bâ—ll Plaint or Information But note that if such an offence be presented by the Jury in a Court-Leet the penalty cannot be levied but the offender is there to be amerced and the Amerciament estreated and so levied but it may be punished in the Leet upon the Action or Information of any person against the offender If any persons have or use any false counterfeit or unsealed Weights Scales or Measures or if any use double or two sorts of Weights or Measures that is one to sell by and another greater Weight to buy by which is a deceit to the people this is to be enquired of The Assize of Bread is also to be enquired of and it wants diligent enquiry whether Bakers do make their bread of a due size according to the Statute and the rate and pâ—ice of corn and present the defaulters Also if Butchers Fishmongers or any other Victuallers sell any corrupt or offer to put to sale any corrupt or unwholesome flesh or fish it is to be enquired of Also that all persons that sell Victuals sell the same at reasonable prices according to the price of the Market adjoyning and they that sell otherwise and are thereof convicted shall pay double what they receive to the party that is damnified this is therefore to be enquired of Enquiry is also to be made of Hostlers that they sell nor Hay or Oats but at reasonable prices and that they do not take for the bushel of Oats but an half-peny over the common price in the Market and that they take nothing for
he makes all Beggers that frequent his company therefore such a sign might give warning to others to let him alone and keep his beggerly condition to himself which might enforce him to work for his living as honest men do and not grow so fat by the sweat of other mens brows The second sort of people I would speak to in my intended hopeful Instrument of Reformation is the Professors and Practisers of the Law these should seek to punish vice rather then promote it Ergo I would desire them to honor their profession so far as not so earnesly defend as they too much do the Destroyers of the publick Good that is the gamesters and Alehousekeepers and all breakers of penal Statutes Well Semel dictum sapienti sat est I 'll say no more for I expect little thanks for this R. T. Rhadamanthus The third sort I would advise is such men as take upon them or will undertake the prosecution of all penal Laws and Statutes against the contemners and breakers therof which persons are usually called Promoters and Informers c. Be sure let me advise you to shoot home where you begin let no fair tongues ensnare you promises nor hopes of reward entice you to be caught in their nets when for the lucre of a small Fee which they al generaly seek to ensnare you with you release them and undoe your selves But I say draw your Arrow to the head and he will flie to the mark if you prosecute the Law to the utmost without favor or affection you do that the Law intends you for and shall bring profit and tranquillity to the Commonwealth in general and to your selves as good members thereof in particular maugre all opponents doubt not but our Law-makers and Keepers whom God hath now raised to protect us wil defend you in the execution of Justice and the better to direct you I wil immediately lay down and declare to you the heads of the penal statutes as soon as I have done with my ensuing Articles 6. Constables and Headboroughs are also to present such persons as do refuse or neglect to do their duty of watching or warding 7. Item Such persons as divide their Houses into several Tenements and such as do entertain Inmates who may be an annoyance to their Neighbors or likely to bring charges upon the Parish 8. Item The Defaults of petty Constables Head boroughs and Tythingmen these are the same in Nature though different in Name for not causing Rogues Vagabonds and Beggers to be duly apprehended punished and passed according to the Statute 9 Item All masterless men and women living at their own hands such as are idle and will not labor and can give no good account how they get their living all suspicious persons Whores Night-walkers and mothers of Bastards which may be chargeabe to the Parish 10. Item The Names of such Persons as refuse to take to Apprentice poor Parish children to Husbandry and other Callings according to Law 11. Item All such as neglect to make due rates and collections for the relief of the poor in every parish and that cannot give a just account of the imployment of the rent and stock of the poor 12. Item The Defects of the High-ways and Bridges with the names of such as should repair them and have neglected or refused to do their duty herein 13. Item Such Scavengers as neglect to do their office in causing the Streets to be kept clean within their Liberties and the names of such persons as commit common annoyances by laying of dung soyl or ashes in the Street 14. Item The names of such persons as neglect or refuse to pave the Streets before their houses where the said Streets have usually been paved 15. Such persons as keep any Hogs in the Streets or elsewhere to the annoyance of the people These three last are only proper for Towns and Cities 16. All such Bakers as put light bread to sale and the weight thereof and such Brewers as sell Beer or Ale to unlicensed Alehouse-keepers and such as ingross any Corn Grain or any dead Victuals A Compendium of all such penal Statutes as concern forestalling ingrossing regrating Millers Bakers Brewers Clothworkers Alehousekeepers Gamers Wine without License Recusants mealmen Vsury and Extortion should here imediately follow but in regard we finde them too prolixons to be annexed to the Court-Leet in regard it makes too long a passage to the Court-Baron and we not being willing to omit any part thereof conducible to the common good seeing we intend this Treatise chiefly for the instruction of the ignorant in this most needfull knowledge as well for the plain Country-man as for the benefit of the studious Tyro in the Law Practise We shall reserve the addition of the penal Statutes as an Appendix in the close of the Book and proceed to the Court-Baron Now because the Court-Baron is always an adjacent Neighbor if not a Companion with the Court-Leet I shall successively give you the form and matters of charge to be enquired and punished there The Court-Baron holds Plea of all personal actions and trespasses made within the Mannor where the Tenants are and ought to have Justice at home and not to be at the charge of a Sute at Westminster for every petty action where sometimes the damage is not three pence 20 l. is spent in deciding the Controversie This Court ought to be kept every three weeks and to that intent the Lord receives Rents and Services of his Tenants to do them Justice and some hold their Lands onely by this service of doing Sute of Court and these Suiters are the Judges of the Court though I believe few Lords know a reason why they receive their Quit-Rents and few Tenants wherefore they pay it by which means the due keeping of these Courts is in many nay most places neglected to the great injury of the people But a remedy they may have against the Lord for the non-usage or abuse thereof which shall here following be declared but to proceed First enter the Stile of the Court which is after this manner Holshot ss The Court-Baron of J. W. held there on Friday the 24 of March in the yeer of our Lord 1656. When the Stile of the Court is entred call the Suiters and Tenants entring their appearances and defaults then make Proclamation That if any one will be essoyned or enter any plaint they may come in and be heard After the Essoyns and Plaints and Pleas be entred then impanel the Jury and swear them The Oath is after the same manner as the Leet on y leaving our these words The Council for the Protector c. Then after silence made proceed to give in charge these Articles ensuing First the Jury is to enquire of the Suiters which owe any Sute to this Court whether they do attend the Court or no and present the Defaulters Secondly Enquire whether any Tenant be dead since the last Court or before whose death is
them it is a Rescue You are likewise to enquire of and present all pound-breaches whether any person hath broken the Lord's Pound that is to have taken away any distress put therein if the Lord do distrain for Rent or service behinde he may impound the distress either in a common Pound or in his owâ— Ground if he will or in his Neighbors Ground by the License of his Neighbor and any place in which the Lord doth impound is the Lord's Pound but if any other person do impound any Cattle in his own Pound or his Neighbors he ought to give notice thereof to the other party that is to the Owner of them that he may give them meat if he will and then if the Beast die for want of food he that was distrained shall be at the loss and he that did distrain may distrain again for the same Rent or Duty Enquire also if any Inhabitant have overcharged the Common or High-ways or common Fields by putting therein more Cattel then they ought to keep or before the days agreed upon and present it for the Lord may distrain the Surplussage Damage Feiâ—ant There may also be made certain Orders by the Inhabitants one among another which none may break under such penalties as they agree upon between themselves Also you shall enquire whether any persons have digged any Holes or Pits in the High-wayes or whether any use commonly to break Hedges or suffer any Hoggs to go unringed or unyoked to the annoyance of their Neighbors and present the same Enquire likewise whether any person hath stopped any Water-course Way Ditch Path or Stile or turned any of them out of their way and present it have a care in this case you present no man malitiously a foot or two to step about its not so great damage to any as to cause a suite more then the value of the land as some have done and after repented too late Also whether any Tenant hath made any incroachment upon any of the Lord's Land Meadow Pasture Wood Heath or other vacant Ground without the Lord's leave or hath set his Hedge or Pale beyond his due bounds present the same Also enquire whether any person hath plowed up or removed any Meerbanks Banks or removed any Bounds or Limits between one piece of Land and another and present it Also you shall enquire whether any person doth detain or keep away or detain any of the Lords Court-Rolls or Evidences and present the same Also if any person have Hunted Hawked Fished or Fowled in the Lord's Warren and present it Also you shall enquire if any persons have taken any Eggs of the Lord's Swans out of their Nests and present their names Enquire also if any trespass be done in any of the Lord's Liberties either in his Corn Grass Meadows Pasture Woods Waters Ponds or Hedges or take or destroy any Aicry of Haws and present the same Enquire also if any Land be inclosed that ought to lye open without the license of the Lord and other Freeholders and present the same that the Tenants of the Mannor may not lose their Common thereof Enquire also whether any Tenant for life or term of yeers hath let any greater or longer estate in his Lands or Tenements then he hath therein it is a forfe ture of their Estates Enquire lastly if all the Defaults and Plaints presented at the last Court be sufficiently and duly amended and whether all the Orders and Rules made heretofore concerning this Mannor be observed and kept and present it and if you know any thing more fitting to be or that ought to be presented for the Lords profit or your own common good diligently enquire thereof as you are in conscience bound according to the Oaths you have taken and are obliged to both by God and man studying as much as in you lies the general good and welfare on of another and to that end of all matters given you in charge and here to be enquired of make a true presentment distinctly and plainly without malice in speaking more then is true or favor in concealing any one that is culpable against the truth The form and manner of proceeding in personal Actions both in the Court-Leet Court-Baron also the hundred Courts which is also a Court held generally every three weeks to hold plea in personal Actions where the debt or damages exceed not 40 s. by the Sheriff in many places or by his Steward if the King be Lord thereof or if it be a particular Loâ—d by his Steward for the whole Hundred I say the Process of these Courts is Summons Attachment and Distress to be directed by Precept from the Steward of the Court to the Bayliff of the same where it lies in the choice of the Plaintiff either to summon the Defendant or attach his Goods which he must put in Bayl unto to appear at the next Court to answer the Defendant which is usual in trespass but in debt onely a Summons without bayl a laudable way of granting out Process in all Courts of Judicature coming neerest the purity of the original and ancient practice of the Laws of this Nation And if the Original in the Court of common Pleas were only used and the Capias taken away or rather indeed a Sub-poena only in all Couâ—ts an Attachment to follow in case of Contempt how much vexatious charge trouble would the people of the Nation be freed from and their Estates and persons saved from the devouring clutches of those ravenous Wolves the Catch-poles and Sergeants to which honest men are often enforced subjects when perhaps nay most often less charge would end the difference then these men expose both parties unto and for which both Plaintiff and Defendant sit down losers But because it is our earnest desire to pursue peace as much as is possible with all men we shall here lay down a method of keeping a Court of Survey which if all Lords and Tenants would as if they will with a little charge they may joyn together and perfectly observe the Right and Propriety of every man might be known and registred amongst them and thereby many tedious consuming troublesome Title-Sutes at Law avoided for by this means every one might know his own and he that will not therewith be content deserves nothing The manner form and method of keeping a Court of â—urvey for the surveying setting forth Butting describing and bounding of any Mannor or Town with the several Tenures belonging to the same Wiâ—h the form of making a Terrar or Field-book and the Articles to be given in charge to the Jury in a Court of Survey Articles to be enquired of and given in charge in a Court of Survey holden for the Mannor of A. in the Parish of H. in the County of N the 8 day of May 1656. INprimis Who have or are suspected to have or keep back any of the Lord's Evdences Court-Rolls Rentals Books of Survey Teâ—rars or Writings what
the same punishment as murderers convicted do or at least should do He that will forswear himself as too many now a days make no bones of it oftentimes doth and upon any spleen malice or revenge will take away the estate and life of any one Did not T. S. at Oke-ingham swear against F. W. at Abingdon that he had stollen six cocks of Hay from him worth six shillings and brough his Son and another to do the same when there was not a Hay-cock in the Ground but the said F. W. was deputed lawfully to gather Tythes which the other very wel knew and did take but two or three little Grass cocks valued at three pence which was his right yet the other endeavoured to hang him for it if his Perjury had not appeared too manifestly as well as it hath done since as I shall shortly in another intended Subject fully demonstrate and anatomize the practice in the Court of Oke-ingham besides But I 'll forbear them now because the scope of this is something else to which I 'll proceed Forestallers Regradors and Ingrossers If any Person shall buy or contract for any Merchandize Victuals or any other thing whatsoever in the way by Land or Water before it be brought unto any City Fair or Market where it ought to be sold or shall cause the same to be so brought or shall disswade the people from bringing any such commodity to any such place or being brought shall perswade them to inhance the price thereof shall be adjudged a forestaller Stat. 5. Ed. 6. 14. A Regrador is he that buys any Grain Wine Fish Butter Cheese Candles Tallow Sheep Lambs Calves Swine Pigs Geese Capons Hens Chickens Pidgeons Conies or other dead Victual whatsoever brought to a Fair or Market to be sold there and to sel the same again in the same Fair or Market or in some other Fair or Market within four miles An Ingrosser is he that gets into his hands by buying contract or promise other then by device or Grant any Corn growing in the Fields or other Grain Butter Cheese Fish or o her dead Victuals whatsoever with intent to sell it again The Offendor in any of these Cases shall forfeit for the first offence the value of the goods so bought and two months imprisonment without Bayl for the second offence the double value and six months imprisonment without Bayl and for the third shall forfeit all his goods be set on the Pillory and be imprisoned at the Kings pleasure He that buyeth Grain in any Market for change of Seed shall bring as much hither the same day and sell it according to the present price of Grain on pain to forfeit double the value of the Grain so bought He that buyes any Cattel and sells the same alive within five weeks shall forfeit the double value therof during which time he ought to keep them upon Pasture either had by grant or prescription These Offences shal be divided between the King and the prosecutor Wine without License No person whatsoever not lawfully authorized by License shall sell or utter any Wine by retail to be spent in his or their mansion-house or in any other place in their tenure by any colour craft or engine on pain of 10 l. to be divided between the King and the Prosecutor which suit shall be comenced within a year after the offence committed Stat 7. E. 6. 5 Understand no colour craft nor engine shall evade the penalty of this Statute it is not the pretence of the keeping a free Vintner as they call it nor taking their Wine of a Vintner or other such pretences may serve their turn Of importing Silk or Ribbands c. None shall bring or cause to be brought into England any Silk wrought by it self or other stuff out of England in Riband Laces Girdles Corses Cawls Tissues or points on pain to forfeit the same or the value thereof to be divided between the King and any one that shall seize or sue for the same Stat. 19. H. 7. 21. A general complaint is now made by most nay all Tradesmen that work in Silk of the great damage to the English Manufacture in Silk by reason of the Ribands and wrought Silk brough into this Nation by the French and Dutch and those Forrain Nations to the great hindrance and decay of our English Trade for prevention of which I have the rather quoted this Statute to discover a remedy for my grieved Country-men in this behalf by which they may wright themselves if they look after it Wood. There are such wastes and devastations of Wood and Timber and the growth thereof in this Nation as predicates a sad event and inevitable calamity ensuing if it be not timely prevented though I am half afraid it is too late already but hope better and do hereby invite all lovers of their countries good effectually to put in practice all such Laws and Statutes as are ordained for the preservation of Wood and Timber as here they follow Statute 35 H. 8 17. There shall be left unfelled in every acre of Copice or Under wood which shall be felled at twenty four yeers growths or under twelve Standils of Oak or if there be not so many Oaks the number shall be made up of Elm Ash Asp or Beech which Standils shall not be felled until they bear ten inches square within thre foot of the ground on pain that the owner of the Wood shall forfeit for every Standil nor so left 3 s. 4 d and for every Standil left and afterwards cut down before he come to that bigness as aforesaid 3 s. 4 d. the forfeitures to be divided between the King and the Prosecutor None shall convert into tillage or pasture any Underwood or Copice containing two acres or above and being two furlongs distant from the house of the Owner thereof or from the house whereunto such wood doth belong on pain to forfeit 40 s for every acre so converted it were well if this were carefully looked after But the owner of any such Copice or Under wood may fell Standils for his own use for building or repairing c. notwithstanding this Act. The Lord of the Soyl shal not fell or cut down any Wood or Copice wherein others have Common except it be to his own use before he and the Commoners shall agree in the setting out a fourth part thereof to be imployed to the use of the Lord and in case they cannot agree thereupon two Justices of Peace appointed by the Sessions shall have power to call before them twelve of the Commoners and Inhabitants and with the consent of the Lord and them shall set out a fourth part thereof to be inclosed by the Lord within one month after and then to be felled at his pleasure being subject to the same Laws and penalties upon breach thereof as other Copices before mentioned are and if any Beast be suffered to come into such fourth part within seven yeers after it