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
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
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
whatsoever which they ever had now have or hereafter may have or they or either of them may have according to the custome of the same Mannor of in or to seven Acres of land with one Messuage parcel of the tenement called S. and of in and to two acres of Copy-hold land of the Tenement of W. c. which said premises the said S. lately had and took up and now holdeth to him and his heires after Surrender thereof made by I. W. as at the Court there holden on Wednesday the 21. day of March in the year c. more at large appeareth to the behoof and use of the aforesaid S. N and of his heirs so that is to say that neither the aforesaid I. W. and R. nor either of them nor their heirs nor the heirs of either of them from henceforth may require claim or challenge any estate Right title Dower and demand thereof to be had from henceforth shall be altogether barred and excluded and either of them is barred and excluded by this present surrender release and quit claim and for this surrender remise and release the said S. doth give a Fine to the Lord c. A Surrender of Copyhold in Court with the admission of the tenant accordingly TO this Court came A B. gent. Copyhold Tenant of this Mannor and present here in Court did surrender into the hands of the Lord of the same Mannor two acres and a half of land lying in two pieces in C. be it more or less whereof the first peece doth lye between c. and the other peece is accounted for half an acre and lyeth c. which said two acres and a half the said A. B. late in the Court did take up to him his heires and assignes after surrender made thereof by I W. as at the Court here holden on Friday the sixteenth day of May in the year c. more plainly appeareth to the behoofe and use of I. W. and R. his wife and the heires of the said I. W. which said I W. and R. present here in Court do desire of the grace of the Lord to be admitted to the aforesaid two acres half of land according to the form and effect of the Surrender aforesaid and they are thereunto admitted tenants to whom seisin thereof is delivered to hold to the said I. W and R. and to the heires of the said I W. of the Lord of the Mannor aforesaid by the Rod of the will of the Lord according to the custome of the Monnor aforesaid by the services c. and the rent of 2 s by the year saving the Right c. and he doth give to the Lord a Fine and the said I W. hath done Featly to the Lord c. A surrender and Lease made in Court with the examination of the Wife AND afterwards at this Court came the aforesaid I. S. and M. his Wife and present here in Court and the said M. being solely and secretly examined by the Steward of the same Court and consenting did surrender remise and release into the hands of the Lord of the Mannor aforesaid all their right state title possession Dower and demand of them the said I. S. and M. of in and to all and singular the premisses aforesaid with the appurtenances to the behoose and use of the said R. K. and his heires and assignes for ever in his full and peaceable possession of the premisses now being so that is to say that neither the said I. S. and M. or either of them from henceforth shall require claime or challenge any right title Dower or demand of in or to the premisses or any part or parcel thereof but of and from all action right title Dower or demand thereof to be had for ever hereafter shall be barred and excluded by this inrollment And the said I. S. for the said remise and release doth give to the Lord a fine c. A Surrender of Lands made in Mortgage upon condition for the payment of money with the admission of the Mortgagee by her Attorney and the Fealty respited AND immidiatly after the same Court the aforesaid N. B. present here in Court did surrender into the hands of the Lord aforesaid by the hands of his Steward of the same Mannor one piece of Land containing by estimation two acres of arable Land lying between the Lands of the Mannor of R. late of N. B. of the West part and the lands c. together with the wayes and pathes to the same belonging and used which said piece of Land R. B. the Father of the said F. whose heire he is late had to him his heires and assignes amongst other things after the Surrender thereof made by W. B. and E. his Wife as at a generall Court with a Leet there holden on Thursday next after c. in the yeare c. appeareth to the behoofe and use of F. D. one of the daughters of N. D. Gent. and of the heirs and assignes of the said F. under this forme and condition that if the said N. B. his heirs executors or administrators or any of them shall pay or cause to be payd to the said F. D. her heires executors administrators or assignes at the mansion house of the said R. B. in H. in the County of York Gent. the summe of twenty pounds of good c. in or upon the twenty eighth day of October next following after the title of this Court that then the said surrender shall be void and of none effect or vertue and that then also it shall be lawfull for the said N. B. his heires and assignes to re-re-enter into the said piece of Land and the same as in his former estate to have againe repossesse and re-enjoy the said surrender or any thing to the contrary notwithstanding and upon this the said F. by C. W. her Attorney in this behalfe is admitted thereto tenant and Seisin is delivered to the said F. her heires and assignes under the condition aforesaid and in manner and forme aforesaid by the Rod at the Will of the Lord according to the custome of the Mannor aforesaid by the services c. saving the right c. And he doth give the Lord for a fine c. and Fealty is respited untill c. A Surrender of Lands made presently in Court ANd afterwards sitting in the same Court the aforesaid F. W. present in Court did surrender into the hands of the Lord of the same Mannor in the aforesaid Close containing by estimation five acres called L. to the behoofe and use of C. W. his Brother and to the heires and assignes of the said C. to which said C. seisin thereof is delivered to hold to him his heires and assignes by the Rod at the will of the Lord according to the Custome of the same Mannor by the services c. saving the right c. And he doth give to the Lord for a fine c. And doth therefore Fealty to the Lord
all and singular the aforesaid premises that is to say to two peeces of land Copyhold lying in the field called R. containing by estimation eight acres one peece of land lying next the land called D. on the South part and the lands c. which said two peeces of land the aforesaid A B. lately had and took up to him and his heires of the Surrender of S. T and M. his wife at the general Court with the Leete here holden on Thursday the 18th day of August in the year c. more at large appeareth to which said E. seisin is delivered to him thereof to him and his heires under the Condition and in manner and form as in the said last Will is specified by the Rod at the will of the Lord by the service and rent of 2. s. by the year and suite of Court saving the right c. and he doth give the Lord for a Fine c. and doth therefore Fealty c. The finding of the death of a Tenant ITem they say upon their Oathes that A. B. after the last Court dyed seised of and in two Roods of land lying in a Pightel called R. holden of this Mannor by Fealty and the yearly rent of 4d by the year and that E. F. is the Son and next heir of the said A. B. and of full age who now doth therefore to the Lord Fealty Paines found and set upon Tenants for want of suite of Court Item they say upon their Oathes that I. W. S. and I. I. c. Copyhold Tenants of this Mannor do owe suite to this Court and now at this day have made default and therefore every one of them in mercy six pence The like ANd that A. B. and C. D. are Tenants of the Lord of the Mannor by demise and do owe suite to this Court now at this day and have made default thereof therefore either of them are in mercy as over their heads 3. d. The like ANd that E F. G. H. and I. K. are Free Tenants of this Mannor and owe suit of Court and now at this day have made default thereof therefore each of them are in mercy as over their heads 6. d. The presentment of a Surrender made out of Court into tenants hands with the admission of the tenant accordingly ANd that L. M. the younger out of the Court after the last Court did surrender into the hands of the Lord of this Mannor by the hands of N. O. Copyholder tenant of this Mannor in the presence of L. M. and P. R. likewise Copyhold tenants of this Mannor all their Copyhold lands and tenements holden of this Mannor with the appurtenances to the behoof and use of S. T. the elder and his heires and assignes And now came the aforesaid S. T. the elder and craveth of the grace of the Lord to be admitted tenant to all and singular the premisses that is to say to one parcel of pasture containing half an acre be it more or less with the apurtenances late parcel of one Customary tenement and eleven acres of land called C. tenement in C. aforesaid which the said L. M. did lately take up to him and his heires after the surrender thereof made by one S. T. at the Court general with the Leet here holden on Munday next after c. more plainly appeareth And he is admitted Tenant thereunto and seisin is thereof delivered to him to hold to him his heires and assignes by the Rod at the will of the Lord according to the custome of Mannor c. by the services and customes c. and the rent of six pence by three years saving the right c. And doth give to the Lord a Fine c. and hath done to him therefore Fealty c. The finding a Surrender made into Tenants hands to the use of a mans will ANd that A. B. Copyhold Tenant of this Mannor out of Court after the last Court that is to say the 24th day of May last past before the Title of this Court did surrender into the hands of the Lord of this Mannor by the hand of C. D. Copyhold Tenant of the same Mannor in the presence of I. A. S. A. likewise Copyhold Tenants of the said Mannor all his Copyhold lands and tenements holden of this Mannor to the behoof and use of his Testament and last Will. The finding of the death of a Tenant and of the lands and that the youngest son is next heir according to the custome c. with his admission ANd that W. D. Copyhold tenant of this Mannor dyed after the last Court solely seised of and in onetenement inclosed called L. containing by estimation five acres lying in F. which the said W. late took up to him and his heires of the Surrender of I. S. as at a Court here holden on Munday in the morning of St. John the Baptist in the year c. appeareth And of and in five acres of Copyhold land with the appertenances holden of the same Mannor called B. which c. And that W. D. his younger son is next heir of the said W. according to the custome of this Mannor who now doth come and craveth of the grace of the Lord to be admitted to the premises with the appurrenances according to the custome of the Mannor aforesaid and he is admitted thereto Tenant to whom seisin is thereof delivered by the Rod at the will of the Lord according to the custome of the same Mannor by the services and customes and rents for five acres c. at 4. s. by the year and for the other said five acres of land at the rent of 5. s. by the year c. saving the Right c. And he doth give the Lord for a Fine c. And doth Fealty to the Lord c. The finding of a Sale made of Freehold lands with a distress to the Bayliff to distrian for want of taking it up ALso they say upon their oathes that I. A. after the last Court did sell to R. A. one tenement called T. with the Apurtenances containing by estimation two acres holden free of this Mannor in Free Soccage by Fealty and the yearly rent of 3d. by the year and suit of Court which said R. A. doth not come c. Therefore it is commanded to the Bayliff that he distrain the aforesaid R. A. against the next Court to do Fealty c. The acknowledgment in the Court of a Legacy paid ANd that I. B. in full Court did acknowledge himself to be satisfied and fully paid by N. B. his Brother of his Legacy of ten pounds to the said I. B. by the Testament and last Will of his Father bequeathed according to the form and effect and the true intent of the said Testament and last Will of his father A presentment of a Surrender made out of Court with the admission of the tenant THE Quest of Office do present upon their oathes that I. S. Copyhold Tenant of this Mannor out of
and the same F. W. present here in Court doth surrender into the hands of the Lord by the hands of the Steward of the same Mannor the aforesaid seven acres of Land in one Close now in two parts divided with hedge and dike to the behoofe and use of I. VV. Widdow his Mother and of her assignes in form aforesaid for terme of the natural life of her the said I. VV. to whom seizin thereof is delivered to the said I. VV. and her assignes in forme aforesaid the reversion thereof to the said F. VV. and of his heires and assignes by the rod c. at the will of the Lord c. according to the custome of the Mannor aforesaid saving right c. And he doth give to the Lord for a fine c. And doth therefore fealty to the Lord c. A Release of Land made in Court AT this Court came S. B. and present in Court did surrender remise and release into the hands of the Lord according to the Custome of this Mannor all his right title state possession interest and demand of and in all those parcels of the land parcel of the Orchard of the said N. called the old or further Orchard next adjoyning to the Pightel or Close of Pasture of him the said S. called the Bean-close as it is now divided from the said Pightel or Close with the door-stakes put upon the Front of the Dike of the said old Orchard to the behoofe and use of N. B. his Brother in full and peaceable possession thereof now being and to his heirs and assignes for ever so that is to say that neither the said S. nor his heires from henceforth may challenge crave or demand any right title state claime or demand of or in the said piece of land But from all action right title state use interest and demand thereof to be had from henceforth shall be utterly barred and excluded and every of them shall be for ever barred and excluded by this present inrollment And the said N. for the said remise and release doth give to the Lord a fine c. A Lease made by the Lord of parcell of his Lands AT this Court the Lord here in full Court did demise to farme to I. A. one Garden containing halfe a Rod lying c. and halfe an acre of land in F. of the Demesnes of the Mannor to hold to him his Executors and assignes for the terme of five yeares next following after the title of this Court paying therefore yearly for every yeare during the said terme one penny at the Feast c. And he doth give to the Lord for a fine c. And doth therefore Fealty to the Lord c. The Admission of the yonger Son to Lands according to the custome AT this Court came F. W. the yonger Son and next heire of I. W. deceased and did crave of the grace of the Lord to be admitted tenant to one parcel of land containing in length twenty perches and in bredth three foot late parcel of one piece of Copyhold land called B. containing by estimation three acres of land of which said parcel of late there is made a dike which said parcel of land I. W. the Grandfather of the said F. W. lately had to him his heires and assignes of the surrender of L. A. as at a Court for the Mannor aforesaid holden the 24. day of May in the yeare c. appeareth as to his right and inheritance for that the said I. VV. died thereof seized and the same parcel of land by and after the death of the said I. VV. according to the custome of the Mannor aforesaid did descend to the said F. VV. the Father of the said F. VV. and from the said F. VV. the right of the said parcel did descend to the said F. VV. the yonger and he is thereunto admitted tenant to whom seisin is thereof delivered to hold to him his heirs and assignes by the rod at the will of the Lord according to the custome of the Mannor aforesaid by rent of two pence c. and the services c. saving right c. And he doth give to the Lord for a fine c. And doth therefore fealty to the Lord c. A License by a Lord of a Mannor to a Copy-holder to pull downe houses standing on Copyhold lands TO all and singular Survayors Bayliffs and other Officers whatsoever within my Mannor of Skipton in the County of Y. I E L. of B. send greeting Whereas I am informed that H. G. hath lately purchased of T. C. certaine old houses within my said Mannor being Copihold and that the said T. C. hath surrendred the same houses to the use of the said H. G. and his Heires according to the custome of the said Mannor Now my will and pleasure is and I do by these presents give and grant unto the said H. G. his heirs and assignes full license and absolute liberty power and authority to pull downe and to take and carry away the said houses and every of them or any part of them to and for the use of the said H G. and his heires and assignes from time to time as to him or them or any of them shall seeme meet Any custome or usage whatsoever within the said Mannor if any such be or heretofore hath beene had or used to the contrary thereof in any wise notwithstanding And I will and command you and every of you that the said H. G. and his assignes may quietly have and enjoy the full and whole benefit of my said grant and license without any deniall let or impediment of you or any of you In witnesse whereof c. A Letter of Attorney to surrender a Copyhold BE it knowne unto all men by these presents that I A. B. one of the customary or Copyhold tenants of the Mannor of H. in the County of M. have made ordained constituted and appointed and by these presents do make ordaine constitute and appoint my trusty and well beloved friends C. D. and F. F. two customary or Copyhold Tenants of the Mannor aforesaid my lawfull Attorneys and Attorney joyntly and severally for me and in my name joyntly and severally by lawfull wayes and means to surrender into the hands of the Lord or Lords Lady or Ladies Farmers owners or proprietors of the said Mannor of H. aforesaid all that customary or Copyhold Messuage or Tenement with the appurtenances scituate lying and being in H. aforesaid parcel of the customary lands of the said Mannor And all my estate right title interest claim possession and demand of in to and out of every part and parcel thereof to the use and behoofe of T. VV. his heires and assignes for ever and I the said A. B. do hereby give and grant unto them the said C. D. and E. F. joyntly and severally and to either of them full power and authority to do execute and performe any other lawfull act and acts whatsoever needfull or
no such promise within six yeares ibid. Never Executor 134 Fully administred and Replication ibid. Not guilty 135 Bar by which in age ibid. Payment upon a Bill and a Release produced ibid. Free-hold 136 No action to cause one to render an accompt will lie in this Court ibid. In arrest of Judgment ibid. Conditions performed and Replication 137 138 Rejoynder ibid. Detain he doth not ibid. Bar by a generall acquittance and replication ibid. Justification of scandalous words 139 Tender of amends in Replevin ibid. Part of the debt paid the residue tendered before suit and refused and Replication 140 141 Not his Deed 141 By threats and Replication ibid. and 142 By hardnesse of imprisonment and Replication ibid. The assault made by the Plaintiff and Replication 143 The Defendant pleadeth the Plaintiff within age to bring his Action and should have brought it by Guardian and not by Attorney 144 To a trespasse in walking not guilty and as to the residue of the trespas tender of amends and Replication and Rejoynder 144 145 Misnomer in Baptism pleaded in abatement of the writ of Justicies 146 Plea in abatement for that the Plaintiff hath one name in the writ and another in the Declaration ibid. The Defendant justifies for horse meat not satisfied in answer to a Declaration in trover for the same horse 147 The Defendant plead leaves and liberty granted to him by the Plaintiff to enter and feed his cattle 148 The Defendant justifies in replevin the taking of the cattle for rent in arrear 149 The Defendant saith that the goods were taken as a pawn or pledge for money lent 150 Replication that he took them injuria sua propria without such a cause 151 Concord in assault and battery ibid. Replication No such concord or agreement made 152 The Defendant saith that as to the taking of the Oxe that he tooke it by the name of an Herriot ibid. Justification in trespasse for want of reparation of the hedges by the Plaintiffe 153 The Defendant justifies upon a Replevin the taking of the Cattel doing damage-feasant 154 Misnomer in the writ of Justicies ibid. Non cepit to a Replevin 155 Poverty ibid. Demurrer ibid. Joyning in Demurrer 156 Presentment in a Leet of petty Treason 342 Presentment of felony for burning a house 343 Presentment of a Felon ibid. Presentment of an Accessary ibid. Presentments in Court-Baron 375 The finding of the death of a Tenant and of a Surrender made to the use of his will with an admission of the Tenant according to the will ibid. The finding of the death of a Tenant 376 Pains found and set upon tenants for want of suit of Court ibid. 377 The presentment of a Surrender made out of Court into tenants hands with the admission of the tenant accordingly 377 The finding of a Surrender made into tenants hands to the use of a mans will 378 The finding of the death of a tenant and of the lands and that the youngest son is next heir according to the custom c. with his admission ibid. The finding of a sale made of Freehold lands with a distresse to the Bayliffe to distrain for want of taking it up 379 The acknowledgement in the Court of a Legacy paid ibid. A presentment of a Surrender made out of Court with the admission of the tenant 380 A presentment made in Court of an agreement made between the Son and his mother touching her Dower and the mothers release of her Dower 381 A pain set for an incroachment ibid. A pain set for the amending of the same ibid. A presentment for an offence done and a charge to the Jury to enquire and further day given for giving their Verdict 382 R REplevin 39 132 alias Repl. 40 Plures Repl. ibid. Return of a Tolt 43 Return of a Recordare fac Lo. 58 59 of a Pone 59 60 of a writ of False judgment 61 62 63 of an Accedeas ad curiam 65 66 of a Writ for the Election of a Coroner after the death of another 66 of an Exigent 66 67 68 of a Proclamation 69 of a Non est inventus 197 of a Cepi corpus in the Common Pleas ibid. of a Cepi corpus in the Vpper-Bench ibid. of a Cepi corpus and Non est inventus ibid. of a Cepi corpus and Languidus in prisona 198 of a Mandavi Ballivo libertatatis where the Bayliff makes no returne of the Sheriffs warrant or where he makes an insufficient return 198 and also where he returneth to the Sheriffe he hath taken the body and the like in case the Bayliffe returneth a Languidus in prisona or as he shall certified the Sheriff by his returne ibid. of a Scire facias where a Scire facias is returned ibid. of a Nihil to a Scire facias ibid. of Scire facias for one and Nihil for the other 199 of an Attachment and Proclamation in Chancery ibid. A Nihil returned of a Venire facias upon an Indictment presentment or information and summons returned of the like ibid. The Return of a Distringas nuper vic or Balliv ibid. of a Venire facias jur 200 of a Distringas or Hab. corp Jur. ibid. of an Exigent where one bringeth a Supersed one rendereth himselfe the other appeareth not ibid. of a Proclamation 201 of an Allocat ibid. of a Tarde ibid. of a Hab. corp where the Defendant was taken by a former Sheriff 202 of a Pone ibid. of a Scire fac for the release of Prisoners ibid. of Nihil to a Scire fac against the heir and ter-tenants ibid. of a Summons in Dower ibid. of a Cap. in manus in Dower 203 of a Summons upon an originall against an heir ibid. of a Habere facias possessionem Cap. where judgement is signed with costs ibid. of a Liberate out of Chancery 204 of an Acced ad cur ibid. of a Re. fa. lo. ibid. averia elongat and Cepi corp for damages 205 of a Rescous ibid. of a Devastavit 228 of a Nulla bona Devastavit by inquisition ibid. of a Fieri fac 229 of a Fieri fac where part of the debt is levied and for the residue a Nulla bona 230 another of a Fi. fa. ibid. of a writ where the Sheriffe dieth after execution thereof and so returned prout indorsat by the present Sheriffe ibid. of an Elegit where lands are in the Kings hands 231 of an Extent in the Exchequer 232 of a Scire fac against the heir and ter-ter-tenants where notice is given 234 of a summons in Dower 235 Records upon a writ of False judgement and Accedeas ad curiam 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Recognizance of a Coroner to binde witnesse to appear at the next assizes 290 Release of Lands made in a Court Baron 388 S SCire facias post diem annum 47 against an Executor after Judgement against the Testator ibid. after marriage 48 Subpoena or a Warrant to
may be removed to another place within the same County but not for their ease for then it is an escape Mich. 3. Car. com Banc. The sheriff upon fresh suit may take a prisoner in another coun No felony in the Gaorler to kill a prisoner that attempteth to escape c. All that come into the Gaol as prisoners ought bar plac 253. Mich. 12 Jac. One taken upon a Capias by a wrong name c. a Testat issued out against him by his right name and was taken in Exec. suffered him to escape and the sheriff was judged answerable for the escape Crook 2 f. 657. 658. Whitings Case A mans wife taken in Execution suffered to go at large before the debt satisfied adjudged an escape A reprisall by fresh suit before the action brought excusable but a reprisal after the action brought no excuse Coo. 3. fol. 52. Ridgleys Case 23 E 4. 8. 13 E. 3. tit bar 253. 6 H. 7. 12. Stat. 1 R. 2. 33 H. 6. 47 F. N. B 93. Regist fo 98. 4 H. 6. 6. Note Co. 3. 44. What bayle is Co. super Lit. lib. 1. c. 10. Sect. 79. Any person making a warrant c. without origi al process upon examin c. shall be committed without bail c. 43 Eliz. cap. 6. Such as are in execution c. nâ—t to be bailed The like None to be bailed that are prohibited by the stat Westm 1. cap 15. He cannot baile any suspect of felony as formerly He cannot refuse to baile one bailable upon tender of sufficient sureties The like 23 H. 6. cap. 10. Fitz. 251. b. Traytors or Felons not bailable In the upper Bench the bayle not chargeable till default assigned in the Principall c. Winch rep so 62. The New Rules Stat. 7 H. 4. 15. Co. Inst 4. fol. 48. 23 H. 6. cap. 15. Cromp. 208. Rot. Parliam 5 H. 4. num 38. Co. Inst 4. fo 49 Co. Inst fol. 48. Who may be electors 7 H. 4. cap. 15. What persons are elegible and who not Co. Inst 4. fo 48 Ibid. Ibid. 1656. Punishment of Sheriffs for their negligence in elections or returns Penalties on Counties and places for not electing Note What he is Hobert fol. 13. Norton's case against Simms He hath power to execute all the ordinary offices of the Sheriff that may be transferred by the Law c. The Sheriffe must take good security of him c. By the Stat. of Extortion by Lamb. fol. 4. 15. Cromp. fo 205. b. For executing an Exigent or Execution In the Terme of S. Hillary on the morrow of Purification c. The returne of a Nulla bona devastavit by Inquisition N. ss The Returne of a Fieri facias The return of a Fie sac where part of the debt is levied and for the residue a nulla bona Another return of a Fi. sa The return of a writ where the Sheriff dieth after execution thereof and so returned prout indorsat by the present Sheriff The returne of an Elegit where Lands are in the Kings hands The returne of an Extent in the Exchequer c. N. ss The returne of a scir sac agaixst the heir and ter-ter-tenants where notice is given The return of a summons in Dower A covenant by the under sheriff honestly to execute the office to do every thing which may lawfully be done by him without the presence of the high Sherif and there to discharge the Sher. And that neither he nor his servant c. will receive or do any thing by colour of his office contrary to the Laws Customes or statutes of the Common-wealth in prejudice of the Sheriff c. Covenant by the Vndersheriff to appoint sufficient Deputies or Attorneys in all Courts accustomed to receive Writs c. to do every thing concerning them c. to make sufficient Deputies in all parts of the County according to the Lawes and Statutes That he is to give notice to the high Sheriff of all things to be done by him in his proper person and thereto will be assistant and will beare all charges thereof except mans meate and horse meat Covenant to receive all process wherewith the high Sheriff is chargeable to collect all fines issues amerciaments c. and to pay the same at such times as the Sheriff is chargeable to pay the same to his Highnesses use and thereof to acquit discharge the Sheriff And that he will acquit c. discharge or save harmless the sherif c. his goods c. lands from all Executions of prisoners c. And from all forfeitures fines amerciaments c. by reasoÌ„ of anymisfeasance or non-feasance c. of him his Deputy Attorney c. And that he will not intermeddle with the execution or returning of any Letters c. from his Highnesse or his Privy Councell without the direction of the Sheriff Covenant safely to keep the Prisoners committed to his custody untill they are delivered to the Gaole there safely to be kept by the Gaoler till by course of Law they shall he delivered c. to execute prisoners attainted according to their judgement That he will within sixe dayes before every Terme deliver a Certificate in writing of all Executions come to his hands with the name for whom it is to be executed and the name against whom c. and the sums to be levyed and what is done therein Grant that the under-sheriff may in the name of the Sheriff assigne over any bond to be taken for appearance c. to any person thereby to compel the parties to appeare and to save harmlesse the Sherif c. And that the under-sheriff may commence any action upon such bonds to enforce the parties to appear to save harmless the Sheriff and that he will justifie all suits lawfully taken And that it shall be lawfull for him to retain the money recovered to his owne use towards his owne charges for the not appearance of the parties so that he will stand to the order of the Sheriff for the over-plus Covenant to save harmlesse the Sheriffe from all costs and damages which may be recovered against him upon any such suit Covenant by the under-sheriffe to pay before such day all sums due to his Highness wherewith the Sheriffe is chargeable by reason of his office c. and thereupon within three moneths next after procure a quietus est in full discharge of his said office account Proviso that if the under-sheriff or his Deputy c. shall doe or leave undone any thing belonging to the office whereby to charge the Sheriff above the sum of c. that then it shall be lawfull for the Sheriff to grant the office to another Covenant by the Sheriff to deliver cancelled to the under-sheriffe all the security given by him for the execution of his office or for the saving harmless of the Sheriff within three moneths after he shall have procured a quietus est An agreement between the
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
facias is onely against the goods as Leases for years or moveable goods as Corn Houshold stuffe Cattle Apparrel Money Plate c. and it ought to be sued out within the year after the Judgement Co. 3. 13. After a Fi. fa. a man may have an Elegit but on the contrary after the Elegit he cannot have a Fi. fa. because the Elegit is of a higher nature then the Fieri facias An Elegit is a Writ whereby the Plaintiff is to have Execution of the half of all the Defendants lands and chattels except Oxen and beasts of the Plough till the debt and damages be wholly levied and paid to him and during the term he is tenant by Elegit Terms of the Law The Proceedings upon the Writ of False Judgement YOu must call of the County Clerk for a return of the Writ together with the whole Record of all the proceedings from the original and beginning of the cause in the County Court The Writ being returned you must assign Errors and take Copies thereof and thereupon sue forth a Scire facias to the Plaintiff in the Action to hear Errors To which the Plaintiff may appear and plead the common plea which is that The action nor proceedings in the County Court are in nothing erroneous Then must the Desendant endeavor to get a Rule or day given for the arguing of the same Errors But if the Defendant doth delay and doth not call for a return of the writ nor proceed then the Plaintiff may sue forth another Scire facias against the Defendant to shew cause why he should not have Execution upon the Judgement had in the County Court And if at the Return of the second Scire Facias Errors be not assigned then Judgment is confirmed in that Court into which the Writ is returnable If Errors be found and allowed to be sufficient and good then is the said Judgment to be reversed and made void But if Errors be not found good then is the Judgment in the County Court affirmed and further costs for delay of Execution allowed to the Plaintiff who may presently sue forth Execution out of that Court into which the Writ was returned against the Defendant Note that if the Judgment be reversed and made void yet notwithstanding it takes not away the Plaintiffs cause of action for he may commence a new action against the Desendant for the same cause The same proceedings are upon an Accedeas ad Curiam See the Record upon it The manner and form of drawing up Records upon a Writ of False Judgment and Accedeas ad Curiam THe Sheriff is commanded that if A. B. shall secure the same Sheriff to prosecute his plaint then in his full County he cause to be recorded the plaint which was in the same County by writ of his Highnesse the Lord Protector c. between W. B. and the same A. B. in a certain Trespasse upon the case to the same W. B. by the same A. B. done c. And whereupon the same A. B. did complain that False Judgment was done to him in the same County and that he should have here at this day that is to say Octab. pur under his Seal and by four lawfull Knights of the same County who should be present at the Record and that he should have here the Summoners the names of the four Knights this Writ and another Writ And now here at this day came aswell the same A. B. by Simon Dunn his Attorney as the said W. B. summoned c. by Phit Prince his Attorney And the Sheriff to wit Geo. Mar. Esquire now returneth that the same A. B. had found to the same Sheriff Pledges to prosecute his said Writ to wit Iohn Doo and Ric Roo And that he by vertue of that Writ to him directed at his County held at the Castle of York in the County asoresaid the 10. day of May in the year of our Lord 1657. made the same plaint to be recorded which was in the same County between the same A. B. and W. B. and the Record of the same plaint before the Justices here at this day under his seal and the seals of H. M. and four lawfull Knights of the same County hath ready of those who were present at the Record And that he summoned the same W. B. that he should be here at this day to hear the Record by R. S. and F. L. as by the same Writ to him it was commanded c. which said Record followeth in these words OLIVER Lord Protector c. To the Sheriff of York greeting W. B. hath requested that A. B. of C. in your County husbandman although the same W. B. be our true and faithfull subject and as our true and faithfull subject from the time of his nativity hitherto hath carried and behaved himselfe and of good name and same among many of our saithfull subjects was noted called and reputed notwithstanding the same A. B. not ignorant of the premisses the same W. B. unjustly to vex and him of his goods name fame and opinion whereof from his nativity to deprive conspurgate And the same W. B. into perturbation vexation and infamy amongst his neighbours and many other saithfull subjects and people of this Commonwealth to induce plain salse and scandalous words of the same W. B. at C. in the presence of many faithfull subjects and people of this Commonwealth said published and pronounced in these English words following to wit W. B. the same W. B. meaning hath stoln my horse By speaking publishing and pronouncing which same words the same W. B. not only in his good name and same is hurt but also in his doings and businesses with honest persons with whom the same W. B. in buying selling and lawfull bargaining before used is much prejudiced and made worse to the no little damage and losse of the same W. B. c. And therefore we command you that you hear the said Plaint and afterwards cause the same to be with-drawn that we hear no more clamour thereof for defect of Justice Witnesse c. Pleas held at the Castle of York in the County of York upon Monday the second day of June in the year of our Lord 1657. AT this Court W. B. complaineth of A. B. in a plea of Trespasse upon the case W. B. by P. P. his Attorney complaineth of A. B. in a plea of Trespasse upon the case for that to wit that whereas the same W. B. is a good true and faithfull subject of this Common-wealth of England from the time of his nativity hitherto hath carried and behaved himself and of good name same credit and reputation honestly with good and grave men as well his neighbours as other saithfull subjects of the said Cōmonwealth was had noted called and reputed without any falshood thest perjury selony deceit or stain of any other fault or hurtfull crime unspotted and untouched by the whole time aforesaid carried
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
extended then it is otherwise and yet Quaere if the debt be forty pounds and nothing extended but a Lease for three yeares at five pounds a yeare or the like for then to that which remaineth the Elegit failes Hobert Rep. fo 58. If a Judgement be obtained against a man who thereupon sells his Land in whose hands soever the Land is it shall be lyable to satisfie that Judgement and to that end shall issue out a Scire Facias against the terr-Terr-tenants If two Writs of Elegit be delivered to the Sheriffe hoth at one time the Sheriffe is to exend the moiety of all the Lands and shall give the moiety to the more ancient debt and then he ought to extend a moity of the other moiety and deliver it to the other for he cannot deliver a moiety of all the lands to one and the other moiety to the other See Attorneys Academy 109. Severall Elegits may issue into severall Counties where the Land lies If a man doth pray to have an Elegit to have the moiety of the Defendants Lands in Execution and the Sheriffe returned that he had no Lands whereupon he prayed a Capias to arrest the party but the Court would not grant it but if the Conusee c. would tarry till Lands did come to the Defendant or goods then c. But now he could not have a Capias nor a Fieri Facias And the causes that the entery in the Roll is that he hath chosen his Execution of the moiety of his Lands the which he must stand to because it is an Execution in the superlative Mich. 30 E. 3. 24. Capias ad Satisfaciendum what it is IT is a Writ by the Statute after Judgement lying where a man recovereth in an Action personall as Debt or Damages or Detinue and he against whom the Debt is recovered and hath no Lands or Tenements nor sufficient goods whereof the debt may be levyed In this case he that recovereth shall have this Writ to the Sheriffe commanding him that he take the body of him against whom the debt is recovered and he shall be imprisoned untill satisfaction be made to the recoverer And the Sheriffe must keepe him in salva et arcta custodia unlesse he intend to pay the debt himselfe For if a Prisoner be taken upon an Execution and shall afterwards let him goe at liberty before the Debt be satisfied c. The Creditor may have either an Action of Debt or an Action upon the Case against the Sheriffe and so recover his debt Fitz. 93. a. c. A man shall not have a Capias ad satisfaciend but where Capias lyeth in the Originall 11 H. 9. 18. vide Co 3. part Sir William Herbets Case 8 H. 6. 9. 22 Ed. 4. 22. Upon this Writ the Sheriffe can take nothing but the body of the Defendant for the Writ is to do no more but to take his body and to detaine him in prison till he hath satisfied the debt Co. 5. 8. When a man is in the custody of the Sheriffe by processe of Law and afterwards another Writ is delivered to him to arrest him who is in his custody presently he is in his custody by force of the second Writ by judgement of Law although he doe not actually arrest him for to what purpose shall he arrest him who is and was before in his custody Et lex non praecipit inutilia quia inutilis labor stultus And the words of the Capias ad satisfac are not onely quod capiat c. but quod salvo custodiat c. Ita quod habcat corpus c. So that although he cannot take him who he hath in his keeping yet he may safely keep him and therewith agreeeth 7 H. 4. 30. If two men be bound joyntly and severally in an Obligation the one is sued condemned and taken in Execution yet the other may not goe scot-free for hee may be likewise sued and taken in Execution untill the Plaintiffe be satisfied of his entire debt Coo. 5. 86. But if the Creditor be satisfied by the first that was in Execution the other may plead this satisfaction and be discharged 29 H. 8. tit Execut. b. 132. A woman recovering damages in a Writ of Dower she cannot have Execution of these damages recovered by a Capias ad satisfaciendum because the Capias was not in the Originall 11 H. 7. fol. 5. 2 H. 7. fol. 7. If a man be condemned in an Action of Debt and the Sheriffe hath him in Execution by a Capias ad satisfac by arresting him although the Sheriff do not return the Writ an Action of false Imprisonment is not to be brought against the Sheriffe for not making return of the Writ for the writ of Capias ad satisfca is not as other Capias that is So that you have his body before c. For in every Capias ad satisfoc the Judgement is given before and it is but to take Execution of the partie in which no answer nor return availeth Pasch 21 H. 7. fo 13. If one be in Execution by his body and the party doth release unto him all actions suits and debts he shall not have an Elegit nor a Capias because the duty is extinct 26 H. 6. Execution 7. Capias pro Fine Capias Vtlegatum Capias ad Valentiam THere are other three Writs of Capias after Judgement viz. 1 Capias pro Fine 2 Capias Vtlegatum 3 Capias ad Valentiam 1. The Capias pro Fine is where one being fined by Judgement unto the Protector upon some offence committed against a Statute doth not discharge it according to the Judgement by this is his body taken and imprisoned till he pay the Fine F. N. B. 76. Coo. 11. 42. 8. 60. If the Plaintiffe sue an Elegit after the Defendant is taken for the Protectors Fine he shall goe at large for such Execution doth discharge the body 7 H 6. 6. and 7. So if he sue by Fieri facias 18 E. 3. Execution 54. Yet upon Nihil returned he may have a Capias c. If the Defendant be taken upon a Capias pro Fine in Trespass and the Plaintiff prays that he may remain in prison for his Execution the Plaintiff not satisfied shall have an Execution afterwards So if one pray an Elegit of Lands and nothing is returned but a Rent he shall have an Elegit of the same 47 E. 3. Execution 41. See F. N. B. 246. Stat. 32 Hen. 8. Cap. 5. 2 Cap. Vtleg is a writ of Exec. after judgment of the Coroner of the county into which the Exigent Promation issued which lyeth against him that is outlawed by the which the Sheriffe upon the receipt thereof apprehendeth the party outlawed for not appearing upon the Exigent and keepeth him in salva custodia viz. in safe custody If a Capias utlegatum issueth
to the Sheriffe to take a party and to enquire what Lands and Tenements he had and the Sheriffe findes by Inquisition that he is seised of many Lands and continues possession in them and the Sheriffe do out me I may have an Action of Trespasse against him Winch. fol. 78. Capias utlegatum enquiras de bonis catallis is a Writ of the same nature with the precedent but that it giveth a further power to the Sheriffe over and besides the apprehension of his body to enquire also of his goods and chattels Minsh fo 111. b. Capias ad Valentiam Is a VVrit of Execution and lyeth where the Tenant is impleaded of certain lands and he voucheth to warranty another against whom the summons Ad Warrantizandum hath beene awarded and the Vouchee cometh not in at the day given Then if the Demandant recover against the Tenant he shall have this Writ against the Vouchee and shall recover so much in value of the Vouchees Lands if he have so much And if he have not so much then the Tenant shall have Execution by this Writ of so much Lands and Tenements as descend to him in Fee-simple or if he purchase afterwards the Tenant shall have against him a Re-summons and if he can say nothing he shall recover the value Old Natura Brevium fol. 161 162. Termes of the Law 45 46. Fieri Facias what it is AFIERI FACIAS is a judiciall Writ and lyeth for him that hath recovered in an Action of Debt or Damage directed to the Sheriffe commanding him to levie the debt or damages of the Defendants goods it must be brought within the yeare and day This Writ hath beginning from West 2. Cap. 18. Anno 13 E. 1. Old Nat. Br. fol. 150. See great diversity thereof in the Table of the Register Judiciall Ver. Fieri Facias The Sheriffe or Bayliffe ought to be very cautious in executing this VVrit For if the Goods or Lease which shall be taken be the Goods of a stranger though they be found in the possession of the Defendant Yet if it be found upon Tryall that the Defendant hath no property in those Goods or Chattels then the Sheriffe or Bayliffe that executed that Writ shall be a trespasser to the right owner of the Goods and shall recover damage to the value of the Goods so taken with costs of suite although the Officer hath delivered them to the Plaintiffe in Execution Dalton office of Sheriffes fol. 60. Therefore the safest course for the Sheriffe or Bayliffe is not to take any goods in Execution unlesse they plainly appeare to them to be the proper goods of the Defenfendant For the Officer is bound at his perill to take knowledge whose Goods they be Ibidem If a Fieri Facias be awarded for twenty pounds to the Sheriffe upon which he takes an entire Chattell and sells it for forty pounds and returns the Fieri Farias with the twenty pounds in Court he may detaine the surplusage untill the Defendant comes to demand it of him for he is not obliged to search out the Defendant but if a Fieri fac be awarded for 40 s. by force of which the Sheriff takes five Oxen every one at the value of five pounds and sels them all the Defendant may have an action of Trespasse against the Sheriff Noy fol. 59. Woodby against Coles c. Sale by the Sheriff upon a Fieri fac shall stand albeit the judgment afterwards was reversed and the Plaintiff in it restored to the value Dyer 363. 24. Coo. 8. 76. b. Mat. Mannings case Upon a Judgement against an Executor or Administrator the Plaintiffe cannot have a Capias ad satisfaciendum against the body but a Fieri facias de bonis Testatoris and if the Sheriffe returne a Devastavit then a Capias ad satisfaciendum against the body or a Fieri facias de bonis propriis And if there be two Executors and the Sheriff réturns a Devastavit against one of them and he dies the other shall not be charged for that Devastavit for the one shall not prejudice the other but a gift by one of them is good against the other A Scire facias after the year for damages recovered in waste and a Nihil returned he shall not have an Elegit untill the tenants be warned but he may have a Fieri fac without warning of them 4 E. 3. 23. Execution 99. Old N. B. 168. The Sheriff returned upon a Fieri fac mandavi ballivo who said that he had seized to the value but he could not finde buyers and because the Court cannot send to the Sheriff to have the money here as they might upon his own extent therefore they awarded a Writ to the Sheriff to levy the money of the lands and goods of the Bayliff to the value of that which he had seized the same Law is upon a seizure of an ancient Sheriff 5 E. 3. Execution 101. Fieri fac for damages recovered in waste upon a Lease for years it was returned that the Lessee had no goods but the remnant of the same Lease and it was holden that by Sicut alias that the Sheriff might sell the Lease as well as pots and pans in the Execution for the Fieri facias is de terris catallis of the Lands and Chattels c. 19 E. 3. Execution 148. A Fieri fac to the Sheriffe to levy the expences of the Knights of the Parliament the Sheriff may sell the Beasts of one of the Hundred for the whole or the beasts of any person he shall finde within the precinct 11 H. 4. 2. Avowry 52. The Sheriffe returned upon a Fieri fac that he had levied the money and that he had the same in Court whereas he had not the money at the day and then a new Sheriff is chosen and because it was upon Record that the old Sheriffe had levied the money a Scire facias issued forth against him to pay it and if he cannot or will not otherwise discharge and pay the money the party shall have a Fieri fac or an Elegit against the Sheriffe of his proper goods c. 9 E. 4. 50. Scire fac 2. Mich 10. Jac. Upon a motion at the bar it was resolved that an obligation to the Sheriff upon a Fieri facias for the payment of the money in Court was not void by the Statute of 23 H. 6. cap 10. For the first branch of that Statute is that he shall let to bayl by Writ or Bill c. which he could not do before as appeares 19 H. 6. 43. The second shewes the form of the bond c. The third contains a penalty that if the Sheriffe take an Obligation in any other form c. than is there prescribed that it shall be void so that upon consideration of all the branches together and upon their coherence and dependance one upon another it plainly appears that the said
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
all the vacant and waste land within the Mannor belongeth to the Lord of the Mannor 30 You shall also enquire whether any person hath plowed up or removed away any Mere marks baulks or limits between one piece of Land and another and present it 31 Also you shall enquire if any have stalked with a bush or beast to kill Deere which is in the Lords Close or Parke and present it 32 You shall also enquire if any person hath concealeth or keepeth away any Evidences Charters or Court Rolls Customary terres or any other evidence which concerns the Lordship or any parcel thereof and present it 33 Also you shall enquire if any person have fished fowled hawked or hunted in this Lordship or Lords Warren and present it 34 You shall enquire also if any person have taken any Feasant Partridges with net snare or other Engine upon the Free-Hold of the Lord of this Mannor and present it 35 Also you shall enquire if any have taken away any Swans Signets or eggs of the Lords Swans out of their nests and present it 36 You shall likewise enquire if any lands of the Lord be concealed or kept back or occupied by any without the license of the Lord Also what land it is and how much land hath been so occupied and of what value by the yeare the same is and present it 37 Also you shall enquire if any Trespasse be done in any of the Lords liberty viz. in his Corne Grasse Meadows Pasture Woods Hedges Waters or Pounds or if any take Hawks or ayre of Hawks or such like trespasse and present them 38 You also shall enquire if any Land be inclosed and the same kept in severalty which ought to lye open without licence of the Lord and other Free-holders you shall present it for no Tenant of the Lordship shall loose the Common in the same 39 Also if any Copyholder let his Copyhold Land for longer time then a yeare and a day without licence except it be by Custome that he may let for longer time and if he do it is forfeiture and present the same 40 You shall also enquire whether any Tenant for yeares or life have granted any greater or larger estate then they had in their Lands or Tenements and present it for that is a forfeiture of their estate 41. Likewise you shall enquire if the Bayliff Headborough Constable and Hayward and all other Officers have well and truly executed their offices and present it 42. You shall likewise enquire whether all the defaults and plaints that were prosecuted at the last Court be sufficiently amended and whether all the orders and Lawes heretofore made be observed and kept and present it 43. To conclude you shall enquire of all other things by me omitted which you know to appertain to your charge and by the Oaths that you have taken you shall truly and diligently enquire of all the premisses and plainly without concealing of any fault and make a return of your presentment subscribed with your hands and sealed with your seals by three a clock in the afternoon Then command the Bayliffe to make proclamation O yes and adjourn the Court till after dinner in this manner All manner of persons that have any more to do at this Court may for this time depart and keepe their hour here at two of the clock in the afternoon After your return from Dinner if any surrenders or admittances be to be made or Actions to be tried let them be done Otherwise call the Jury for their presentments if they be ready and swear two affeerers to affer them as before at the Leet Then discharge the Court the Bayliffe making an O yes thus All manner of persons that have any more to do at this Court holden here this day let them come forth and they shall be heard otherwise they every one else may for this time depart and keep their day here upon a new warning And so God save the Lord Protector and the Lord of this Mannor Some select cases out of the new Reports and others concerning the Lord Copyholder and Copyholds Surrenders Forfeitures c. First of the Lord. HEe that is a Lord to grant and allow a Copyhold must be such a one as by Littletons definition is seised of a Mannor so that he must be in possession at the time of the grant for though he have good right and title yet if he be not in possession of the Mannor it will not serve And on the other side if he be in possession of the Mannor though he have neither right nor title thereunto yet in many cases the grant and allowance of such a Copy is good as he is Dominus de facto sed non de jure Calthrop 48. A Copyhold granted by a Disseisor or any other who hath the Mannor of which it is parcell by wrong shall be avoyded by the Disseisee or any other who hath right to the Mannor by his entry or recovery of the Mannor Pophams Rep. fo 71. Yet it was agreed that admittance upon surrenders of Copyholders in fee to the use of another or if an heire in case of a dissent of a Copyhold were good being made by a Disseisor of a Mannor or any other who hath it by Tort because these are acts of necessity and for the benefit of a stranger viz. of him who is to have the Land by the surrender or of the heire And also Grants made by Copy by the Feoffee upon Condition of a Mannor before the Condition broken are good because he was lawfully Dominus protempore ibid. If a Lord grant a Copy in Fee having but an estate for life in the Copyhold no larger estate shall passe then he himselfe hath Quia nemo potest plus juris in altenum transferre quam ipse habet Co. of Copy-holds fol. 96. If the Lord of a Mannor taketh a Wife and after maketh Copyhold estates according to the Custome and dyeth though the Feme hath this Mannor assigned unto her for her Dower yet cannot she avoyd the Copyhold estates because the Copyholders are in by a title paramount the title of the Feme viz. by Custome Co. of Copyholds 45. Secondly of the Copy-holder HE is Tenant by copy of Court-roll being admitted of Lands or Tenements within a Mannor that time out of minde by use and custome of the said Mannor have been demiseable and demised to such as will take the same in Fee in Fee-taile for life yeares or at will according to the custome of the said Mannor by Copy of Court roll of the same Mannor West part 1. Sym. lib. 2. sect 646. And that person is sufficient to be a Copyholder who is of himselfe able or by another to do the service of a Copyholder as an Infant may be a Copyholder for his Guardian and prochein amy may doe the service But a Lunatick
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
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
summon witnesses 50 Sale of Goods to the Plaintiffe levied upon a Fieri facias by the Sheriffes Baliffe 53 Sale of Goods made by the Sheriffe by vertue of his Office 277 Surrender and remise of Lands made in Court before the Steward and the examination of the Wife 383 Surrender of Copyhold in Court with the admission of the tenant accordingly 384 Surrender and Lease made in Court with the examination of the wife 385 Surrender of Lands made in Mortgage upon condition for the payment of money with the admission of the Mortgagee by her Attorney and the Fealty respited ibid. Surrender of Lands made presently in Court 387 T TOit 42 Trover and Conversion 127 Trespasse for breaking down the Plaintiffs stall being set up in the Market 129 For breaking the Plaintiffs close ibid. For a Dog biting a Mare so that she dyed 130 For chasing of hogs with dogs ibid. For pasturing sheep in a rotten pasture by reason whereof they died ibid. For digging and plowing the Plaintiffs ground and taking away his corn 131 For taking away a post ibid. For eating the grasse cutting the hedges and assaulting the Plaintiff ibid. Trespass and assault 132 Assault upon one at under age ibid. V VEnditioni exponas 45 46 Venire facias Jurator 49 W WArrant upon a Writ of Justicies 39 Warrant upon a Proclamation 51 Warrant of Attorney for an appearance in the County Court 52 Warrant upon Accedeas ad Curiam 64 Warrant of a Coroner for the impannelling of a Jury 288 Warrant to summon a Leet 316 Withernam 40 Alias capias in Withernam 41 FINIS Courteous Reader These Books following are Printed for John Place and are to be sold at his Shop at Furnivals inne Gate in Holborn Books in Folio 1. THe History of the World by Sir Walter Raleigh Knight 2. Observations on Caesars Commentaries by Sir Clement Edmunds Knight 3. Sheppards Epitomy of the Law 4. The Reports of the learned Judge Popham sometime Lord chiese Justice of England 5. The Reports of the Learned Judge Owen chiefe Iustice of the Common Pleas 6. Londinopolis or a History of the Cities of London and Westminster by James Howell 7. The History of Swedes Goths and Vandals by Olaus Magnus Bishop of Vpsall 8. The Reports of the learned Sarjeant Bridgeman 9. Cowells Interpreter of hard words in the Law c. 10. Maximes of Reason or the Reason of the Common Law by Edward Wingate Esquire late one of the Benchers of Grays-Inne 11. The History of Edward the Fourth of the Wars between the Houses of York and Lancaster by W. H. Esquire 12. The Minister of State wherein is shewed the true use of Policy by Monsieur de Siton Secretary to Cardinal Richlew Englished by Sir Henry Herbert Knight Books in Quarto 1. The Compleat Clerk or Scriveners Guide containing the Draughts of all manner of Presidents of Assurances and Instruments now in use as they were penned by the most eminent Lawyers 2. Commentaries on the Original Writs in Natura brevium 3. An exact Abridgment of the Common-Law with the Cases thereof drawn out of the old and new Books of the Law both by William Hughes of Grays-Inne Esquire 4. An exact Abridgment of the Acts Ordinances of Parl. begining at the fourth year of King Charls to the year 1656. 5. Declarations and Pleadings c. in the Upper-Bench by Will. Small of Furnivals Inne late one of the Clerks in the Upper-Bench 6. Declarations Counts and Pleadings in the Common Pleas by Ric. Brownlow Esq late Prothonotary The second part 7. Regni argumenta Consilii or a collection of Authentick Arguments in Parliament humbly presented to the view and use of this present Session 8. The floating Island by Dr. Strowd acted at Oxford 9. The Tragedy of the fair I ene the Greek by Gilbert Sumhoe Esq Books in Octavo 1. The Iurisdiction of Courts by John Kitchin of Barnards Inne 2. Books of Entries of all manner of Judgments in the Upper-Bench and Common-Pleas 3. The Grounds and Maxims of the Law by Michael Haulk of the Middle Temple 4. A perfect Guide for a studious young Lawyer by Thomas Fidell of Furnivals Inne Gent 5. The Arraignment of the Anabaptists in a Dispute at Abergavenny in Monmouthshire by Iohn Cragge M. A. 6. A Cabinet of Jewels wherein Gods Mercy Mans misery c. is set forth in S Sermons with an Appendix of the nature of Tithes and expedience of Marriage by a lawful Minister by Iohn Cragge M. A. 1. The Abridgment of the Lord Dyers Reports by Sir Tho. Ireland 2 Observations on the Office of a Lord Chancellor by the Lord Elsemore late Lord Chancellor 3. The Laymans Lawyer or the second part of the Practick part of the Law by Tho. Foster Gent. 1. The Laws of Corporations Fraternities and Guilds by W. Sheppard Sarjeant at Law 2. Transactions of the High Court of Chancery by W. Tochel 3. Brooks Cases in English by I. Marsh of Grayes Inn Barrester 4. Poems by Matthew Stevenson 5. Perkins of the Lawes of England 6. An exact Abridgment of Doctor and Student 7. Invisible World and the Mystery of Godlinesse 8. Imposition of Hands both by Ioseph Hall Bishop of Norwich 9. Clarastella by R. Heath Esquire 10. Doctor Prestons Saints Infirmities 11. A Catechism containing the Principles of Christian Religion written by Moses Wall 12 The whole Survey of a Justice of Peace his Office by W. S. Sarjeant at Law FINIS Lambert arch This Court no Court of Record * Hengham f. 8. cap. 2. placita vero de furtis melletis hutesio plagis verberibus transgressionibus ubi non agitur de pace domini Regis fracta ad Vicecomites pertinent audienda determinanda See Seldens Notes upon it f 135 136 137 138 139 140. Likewise Sir Henry Spelmans Glossarie fol. 18. 438. LL. Edovar Confess cap. 12. Chimini vero minores de Civitate ad Civitatem ducentes de burgis ad burgos per quos mercata vehuntur caetera negotia fiunt sub lege Comitatus sunt c. Why instituted The time when it is to be holden Co. Inst 4. cap. 55. Where to be kept St. anno 2 E. 6. cap. 25. Stat. 15 H. 7. cap. 24. 33 H. 8. c. 26. No Fine Amercement What actions will not lye in this Court Exigents and Proclamations to be proclaimed five County dayes F. N. B. 163. idem 395. Bract. l 3. f. 98. Fleta l. 1. cap. 15. 31 Eliz. cap. 5. Appearance Essoyn Duc. tec. Declaration Modo forma Nota. Modo forma 27 H. 8. fo 29. Count. Non-suit Empartance Continuance Rule Answer Replication Rejoynder Sur-rejoynder 〈…〉 rrer C◠Inst 1. fo 7. b. Nota. Not informed Nil dicit Generall issues Pleas specially to be pleaded Obligation Debt Against Executors or Administrators Non-age Woman covert Arbitrament Trespasse Damage feasant Rent Detinue Slander Warranty Debt Demise Trespass Nota. Liberum tenementum or Freehold Nota. Et hoc paratus est verificare Et
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
they might redress misdemeanors within their precincts and to punish offences committed by their Tenants and to decide and debate controversies arifing within their Juridiction and these Courts were termed Courts Barons as it appears amongst the Lawes of Edward the Confessor where it is said Barones vero qui suam habent curiam de suis hominibus c. taking its name of the Baron who was Lord of the Mannor or according to Coo. com Lit. fo 58. a. for that properly in the eye of the Law it hath relation to the Freeholders who are Judges of the Court because in ancient time such persons were called Barons and came to the Parliament and sate in the Upper House but when time had wrought such an alteration that Mannors fell into the hands of inferiour men and such as were farre unworthy of so sublime a calling then it grow to a Custome that none but such as the King would should come to the Parliament such as the King for their extraordinary wisdome or quality thought good to call by Writ which Writ ran hac vice tantum yet though Lords of Mannors lost their names of Barons and were deprived of that dignity which was inherent to their names yet their Courts retain still the name of Court Barons because they were originally erected for such personages as were Barons neither hath time been so injurious as to irradicate the whole memory of their pristine dignity in their denomination there are yet stamps left of their nobility for they are still entituled by the name of Lords Court-Baron cannot be seperated from a Mannor THis Court-Baron is the chiefe Prop and Pillar of a Mannor which no sooner faileth but the Mannor is destroyed and therefore it cannot be separated from the Mannor for it is a wealth to a Mannor the like of a Court of Pypowder to a Faire of which more in its proper place and by granting the principall which is the Mannor the Court which is incident to it passeth without being named 12 Eliz. Dyer 288. if a Mannor be granted cum pertinentiis the Court passeth for it is an incident inseperable to the Mannor and one cannot grant his Court but he may grant the profits of it Brownlows Rep. 175. Yet though a Court-Baron is incident to a Mannor it must be understood of a Mannor in facto in reality and truth but not to be a Mannor only in intendment and a meer nominall Mannor Bolstrod first part fol. 54. Mich. 8. Jac. And as a Mannor at this day cannot be derived out of the CROWNE therefore ex consequente neither the Court-Baron which is incident to such a Mannor but a Court-Leet is not incident to a Mannor but he which hath a Mannor may also have a Court-Leet to be by him held within his Mannor but this ought to be by a speciall grant from the King and not otherwise and then he may punish offenders the which he cannot doe in his Court-Baron he cannot be ousted of his Court-Baron unlesse he be ousted of his Mannor for if he have a Mannor he ought to have such a Court-Baron for this as I have said is as an incident and follows the Mannor as a necessary consequent and adjunct unto the Mannor and therefore if he have the one viz. the Mannor he shall also have the other viz. the Court-Baron What parts a Court-Baron doth consist of THis Court-Baron appertaining to a Mannor consisteth of four speciall parts viz. 1. The Lord. 2. The Steward 3. The Tenant 4. The Bayliffe It is defined to be an assembly of these parts together within the same Mannor and it is likewise duplicate viz. 1. The first is for the taking care counsel and inquiry of causes concerning the same Mannor as for the triall of titles of the land and the taking and pasing of estates Surrenders admittances and grants and to see justice duly executed and the Acts and Ordinances there done to be recorded in the Rolls of the same Court which Rolls are the evidences of all Ordinances duties and customes and conveyances between the Lord and the tenants of the same Mannor and are to be entred by the Steward or an Officer indifferent between the Lord and his Tenants and the same Rolls to remain with the Lord thereby to know his Tenants his Rents his Fines his Customes and his service And the particular grant of every Copy-hold to be copied out of the Rolls and the copies thereof to be delivered to every particular tenant neither can they make any other title to their said tenements but by their said Copy And this is called the Copiholders Court and herein the Steward is judge 2. The other is for the triall of actions under the sum of forty shillings of the nature of the County-Court of which we have copiously treated in the first part of this worke and therefore here not necessary And herein the Freeholders are Judges But to returne to the Copyholders Court And herein the Lord the Steward the Freeholders the Copyholders and the Bayliffs of every Mannor have an intermixt and joynt office and authority in some cases and to some purposes and to other purposes their office is distinct and every of them doth occupy several places persons and parts Five things necessarily appertaning to a Mannor THere are five things necessarily appurtenant to a Mannor and Court-Baron viz. 1. The Lord is chiefe to command and appoint 2. The Steward to direct and record 3. The Free-holders to affere and judge 4. The Copy-holders to inform and present 5. The Bayliff to attend and execute c. And all these united make a perfect execution of Justice and judgment in Court-Barons and without all these a Court-Baron cannot be held in his proper nature in respect of all causes appertaining to the perfect jurisdiction of a Court-Baron But to make a more particular demonstration of their distinct authorities and offices 1. And first of the Lord as he is chiefe in place so in authority and he officiateth three severall places viz. the one of a Chancellor in cases of equity the other of Justice in matter of right and the third of himselfe in cases proper and particular to himself 2. The Steward doth act the part of several persons viz. Iudge and Orderer in cases of Copyhold and also a Minister and Register to Record and enter things into the Court-rolls and in both these to be indifferent between the Lord and his tenants 3. The Freeholders do likewise execute two parts that is to affeere and judge amerciaments and also to return and certifie judgements 4. The Copyholders hold two distinct places viz. to inform offences committed against the Lord within the Mannor and to present such things as shall be given in charge by the Steward 5. The Bayliffe officiates two parts viz. to execute the processe and mandates of the Court and also to return into the Court the execution of the same process