Ports and such places which have Counsans of Pleas and also in Court Barons in which Courts is Iustice done according to Law c. And although they of the Cinque Ports ought to be empleaded of their Lands within the jurisdiction of the Cinque Ports yet that holdeth onely where the Tenant sheweth the same and taketh advantage thereof if he be impleaded in the Kings Courts of things which are within that jurisdiction but if the Tenant be sued in the Common Pleas for Lands within the Cinque Ports if the demandant doth recover by default or if the Tenant appeare and plead any matter which is found against him so that the demandant hath judgement for to recover the Land that judgement shall bind him for ever c. But the Tenant might have alleadged That the Land was within the Cinque Ports and by such Plea the Kings Courts should be outed of the jurisdiction c. And so it is of Lands within an ancient demeasne if a Writ be brought thereof in the Common Pleas if the Tenant appeareth and pleadeth and doth not take exception to the jurisdiction and the Plea be found against him so that the demandant recovereth the Tenant shall not reverse the judgement by a Writ of Errour because the Tenant might have taken exception to the jurisdiction of the Court and it should have been allowed c. But yet the Lord may reverse that judgement by a Writ of deceit and shall make the Land ancient demeasne as it was before c. And if one hath Counsans of Pleas in a Towne or in a Mannor and a Writ is brought in the Common Pleas of the same Land and the Tenant pleadeth and judgement is given against him the recovery is good for it is within the power of the King and the Writ of the Common Pleas doth take place there and if the Bayliffe or Lord doth not demand Cognusans the judgement is good But in another Action the Bayliffe shall have Cognusans for that the nature of the Lard is not changed and so see that where a man hath counsans of Plea c. it ought to be demanded by the Bayliffe or the Lord and the Tenant shall not demand the same if he be impleaded in the Kings Court but of the ancient demeasne there it behoveth the Tenant to shew the same and plead to the jurisdiction c. if he will have advantage thereof c. And so note that in the Cinque Ports there is such a liberty that the Lands and Tenements are pleadable there before the Barons c. and yet if one be impleaded at the Common Law of Lands within the Cinque Ports the Barons shall not have Counsans of the Plea but the Tenant may plead the same to the jurisdiction in abatement of the Writ c. The Court Baron NOte also that there is another Court which is called Court Baron in which Court the Suitors are the Judges and not the Steward and they hold plea of Contracts within the jurisdiction c. and yet it is said by some That the Defendant shall not shew that the Contract was made out of the jurisdiction and pray that the Plaintiffe be examined as in a Court of Pipowder The Judges of the Court Baron have Authority to hold plea before them of Debt upon Contracts or Detinue but not of detinue of Charters nor Actions of debt upon a judgement in a Court of Record but otherwise I thinke it is of a recovery in the same Court nor shall they hold plea of Maintenance forgery of false Deeds of deceit not of Decies tantum not of pleas of Accompts for they have not authority to assigne Auditors They shall not hold plea of Debt above the summe of forty shillings unlesse it be by prescription and they shall not hold plea of Free-hold by plaint but by a Writ of right they may But if a judgement be given of Free-hold upon a plaint it is said it is good untill it be reversed by a Writ of false judgement tamen quaere c. And note for what Suit a man shall be judged in a Court Baron and it is said That it is where a man is seised of Lands in Fee-simple and which he holdeth by service of Suit at the Lords Mannour that Suit is properly Suit-service and for such Suit he shall be judged in a Court Baron and for no other Suit as it is said c. And quaere also when erronious judgements are given how they shall be reversed viz. when by Writ of false judgement and when by a Writ of Errour And some say That in all Courts where the party might remove the plea by a Recordare upon a judgement given in such Courts a Writ of false judgement lyeth as in ancient Demeasne Court Baron County Court and Hundred but in other Courts which are of Record the plea shall be removed by a Certiorare and upon judgement given in such Courts which are of Record it shall be reversed by a Writ of Errour c. And if a man recovereth in a Court of Record by erronious judgement and Sueth not Execution some say That a Writ of Errour lyeth and the party shall have a Supersedeas if he will prey the same but if a man hath judgement in a Court Baron and taketh not forth Execution no Writ of false judgement lyeth Quaere the reason thereof and what the Law is in that case And note that sometimes the Sheriffe is Judge as in Reddisseisin Wast and Admeasurement and the Processe shall be served by the Baily as is said And note that the Sheriffe is an Officer â—o the Kings Court to execute the Processe thereof yet sometimes the Coroner is the Officer to the Court where defect is found in the Sheriffe c. so that he cannot by Law indifferently execute the Processe as for divers apparent causes yet if the Sheriffe dyeth the Processe shall not goe to the Coroner but shall stay till another Sheriffe is chosen c. And because the Sheriffe is an Officer appointed by the Law to attend the Kings Courts a man shall not take an Averment against the returne of the Sheriffe directly and the reasâ—n is because where Justice ought to be ministred and executed those who have the Government of the Law ought to repose trust and confidence in some person and if every one might averre against that which the Sheriffe doth then Justice should not be executed but should for ever be delayed c. The meanes and the remedy how a man may come to his due and to that which is wrongfully kept from him and that is by plea and this word is generall and hath divers effects implyed therein and may be divided into divers branches viz. Into pleas of the Crowne as appeales of Death Robbery Rape Felony and divers other things c. and into Actions reall whereby Lands Tenements Rents and other hereditaments are demanded as Writs of right Formed on c. Or Actions
the Earles to meet and Ordained for a perpetuall usage That twice in the yeere or ostner if need were in time of Peace they should assemble together at London to speake their mindes for the guiding of the people of God how they should keepe themselves from offences should live in quiet and should have right done them by certaine usages and sound judgements By this Estate many Ordinances were made by many Kings King Ed. 1. untill the time of the King that now is the which Ordinance were abused or not used by many nor very currant because they were not put into writing and certainly published One of the Ordinances was That every one should love his Creator with all his soule and according to the points of the Christian Faith And wrong force and every offence was forbidden And it was assented unto that these things following should belong to Kings and to the Right of Crown Soveraigne Jurisdiction The Soveraigne Jurisdiction throughout the whole Land unto the middest of the Sea encompasaing the whole Realme as franchises treasure found in the Land Waife Estray goods of Felons and Fugitives which should remaine out of any ones rights Counties Honours Hundreds Wards Goales Forrests chiefe Cities the chiefe Ports of the Sea great Mannours these Rights the first Kings held and of the residue of the Land they did infeoffe the Earles Barons Knights Serjeants and others to hold of the Kings by the services provided and ordained for the defence of the Realme according to the Articles of the ancient Kings Also Coronors were ordained in every Country and Sheriffes to defend the Country when the Counties were dismissed of their Guards and Bailiffes in the places of Centyners And the Sheriffes and Bayliffes caused the Free-Tenants of their Bayliwicks to meet at the Counties and Hundreds at which Justice was so done that every one so judged his Neighbour by such judgement as a man could not elsewhere receive in the like cases untill such times as the customes of the Realme were put in writing and certainly established And although a Free-man commonly was not to serve without his assent neverthelesse it was assented unto that Free-Tenants should meet together in the Counties Hundreds and the Lord Courts if they were not especially exempted to doesuch Suits and there judged their Neighbours And that Right should be done from 15. daies to 15. daies before the King and his Judges and from month to month in the Counties if the largenesse of the Counties required not a longer time and that every three weekes Right should be administred in other Courts And that every Free-Tenant was bound to doe such suite And every Free-Tenant had ordinary jurisdiction And that from day to day the Right should be hastened of Strangers as in Courts of Pipowders according to the Law-Merchant The Turnes of Sheriffes and views of Free-pledges were Ordained and it was Ordained That none of the age of 14. yeeres or above was to remaine in the Realme above forty daies if they were not first sworne to the King by an Oath of Fealty and received into a Decenery It was Ordained That every Plaintiffe have a remediall Writ to his Sheriffes or to the Lord of the Fee in this forme Questus est nobis C. quod O. c. Et ideo tibi vices nostras in boc parte committentes precipimus quod causam illam audias legitimo fine decidas It was Ordained That every one have a remediall Writ from the Kings Chancery according to his plaint without difficulty and that every one have the Processe from the day of his plaint without the seale of the Judge or of ths Partie It was Ordained That Coroners should receive Appeales of Felony and should give the Judgements of Out-lawries and should make the visnes in the Causes aforesaid And that all the next Townes should present to the Coroners in the Countie the mischances of the bodies of the people and the names of the finders And that every Country should present Felonies Mischances and other Articles presentable in the Eyres for offences that the Kings might send to summon them to appear against the comming of the Kings or of the Justices assigned to hold all Pleas. And for the great dammages which the Commons suffer by Amercements issuing out for Concealements and for fault of these presentments in Eyres it was agreed unto That these presentments in Eyres should be by the Coroners chosen by all the Commons of the County and so the Coroners are as it were the Commons Bayliffes as to these Charges neverthelesse they are the Kings ministers because they take an Oath to him For personall trespasses neverthelesse the Coroners are only punishable without any damage to those who chose them unlesse they have not sufficient wherewith to satisfie for their trespasses The Exchequer was Ordained in manner as followeth and the pecuniary penalties of Earldomes and Baronies certaine and also of all Earldomes and Baronies entire or dismembred and that those Amercements were afferred by the Barons of the Exchequer and that the Estreats of the Amercements be sent into the Exchequer though they were amerced in the Kings Court. It was Ordained That after a plaint of wrong be sued that no other have jurisdiction in the same place before the first plaint be determined and from the 〈◊〉 came this clause in the Writ of Right Et nist foreris vicecones saciat It was Ordained That every one of the age of fourteene yeares and above should be ready to kill mortall offenders in their notorious sinnes or to follow them from Towne to Towne with Hue and Cry and if they could not kill them the offenders to be put in exigent and Out-lawed or banished And that none should be Out-lawed but for a mortall offence and in no other County but where he committed the offence It was Ordained That the Kings Courts should be open to all Plaints by which they had originall Writs without delay as well against the King or the Queene as against any other of the people for every injury but in case of life where the plaint held without Writ It was Ordained That no King of this Realme should change his money nor impaire it nor inhannse it nor make any other money but of Silver without the sssent of the Lords and all the Commons It was Ordained That Felonies should be tryed by Appeales and that Appeales might sometimes be ended by Battaile and that Exigents of the Offenders should continue by three County Courts before the Out-lawrie It was Ordained That all Free-Tenants should be obedient and appeare at the Summons of the Lords of the Fee and if one caused a man to be summoned elsewhere then in the Fees of the Avowants or oftner then from Court to Court that they were not bound to obey such smmmons if not at the charges of the Avowants of the Summons It was Ordained That Knights Fees should come to the eldest Sonne by mecession of Inheritance and
of wrong then lawfull exception seing nullum tempus occurrit Regi in his Franchises but therein the King is like to an Enfant who can loose nothing Although that for the personall trespas for the using of them it behoveth every one to Excuse the wrong done to the King or to any other And that may be done two wayes because his Ancester whose heire he is died seised theref And so that he hath enjoyned the same by title of succession as a thing annexed to his Land Or because hee of whom he purchased the Land to which the Franchise belongeth was seised as if hee were the possessor thereof But this exception is counter-pleadable by this Replication Sir This Anowant cannot recover 〈◊〉 excuse himselfe For although that such a one his Ancestours was seised thereof yet neverthelesse he could not grant away this Franchise for the Kings never granted them so that the Grantees could assigne them over or make assignes of them CHAP. III. SECX 27. Of Purprestures TO Purprestures if the Defendant may excuse his wrong he need not to answer thereunto without a Writ no more then to the Action of Franchises Not of his own wrong of Land or Fees or of the appurtenances against any other then against the King nor for the King but in his presence And if the wrong bee not originally the Plaintiffes he may vouch to warranty CHAP. III. SECT 28. Of Treasure TO the Alienation of Treasure found he may justifie it if hee bee priviledged or authorized so to doe Or he may say that he himselfe put it there or such other who he remembreth whereby no action accrued to the King CHAP. III. SECT 29. Of Wrecks TO the Action of Wrecks he may Plead That the King hath no Action for the same because the yeere is not yet past and in the same manner is it of Estrayes and of all other things found Or because that he knoweth to whom the goods belong who is alive Or because the goods were taken farre in the sea and were not cast upon the land by the waves of the sea CHAP. III. SECT 30. Of Vsery TO Usery hee may Plead and sweare that hee lent his Corne in Winter to receive the same in September according to the price as Corne should bee sould which was dearer at that time Or hee may sweare he lent his monyes to receive better money for the same for a yeare and that the same is no Usery CHAP. III. SECT 31. Of Hunting TO an Action of Hunting Chasing or Fishing he may Plead That he hath done no wrong for it is his right to Hunt there for to Chase or it is his common Piseary belonging to his Mannour of such a place c. CHAP. III. SECT 32. Of Obligation AS to Obligations or Covenants he may Plead That notwithstanding that Obligation be his Deed neverthelesse it ought not to binde him because it is vicious or by false supposition or because the Defendant never saw any money or other thing to the value or it is by mixture of offence or ill faith as it is said of vicious Contracts Or he may Pleada Release or quit-claime or that it was contracted that he might do waste or that he hath done nothing to be adjudged waste or because he hath taken nothing but reasonable estâ—vers for house-boote or â—â—yboote or he may claime Fee in the Tenement by any lawfull Title CHAP. III. SECT 33. Of Attaint IF any of the Parties say That the Jurours have made a false oath or any Jurry an Action of Attaint lyeth which is to be tried by 24 Jurours so that every false witnesse be Attainted by two Juries In which case it behoveth the Plaintiffe to have the first Verdict present under the Kings Seale or of the party or of the Judge and the parties to the Plea and that he declare in what point they have made a false oath Or the Tenant may plead That the Plaintiffe ought not to be answered to this attaint because the first Judgement had not its full effect or because that the principall in all or in part or in right of satisfaction of the damages remaineth yet to be barred Other Exceptions there are as to the challenge of the persons of the Jurours as appeareth in the Chapter following CHAP. III. SECT 34. The Ordinance of Attaint BEcause it belongeth to the Plaint to prove his action to the affirmour to prove his affirmation and not to the denyer his negation that two credible witnesses according to the Word of God are sufficient for witnesse The usage is That the affirmative party in aide of the Court cause the neerest credible neighbours to appeare in witnes so that there bee 12 men at the least of the Jury of ancient time ordained to be of the Assize of which if two men are by false verdict of them and of the other Jurours or if by good examination if al the Jurours be not of one assent found convenable it sufficeth And if not or if all the Jurours say generally that they know nothing or doubt of the matter Or if they say not expresly against the Defendant or if they speake for the Defendant in such cases it is to be adjudged against the Plaintiffe that hee proveth not sufficiently his saying And although the Defendant would make other defence he shall not bee suffered so to doe Against Jurours hold challenges as against witnesses in this manner Sir this man is not a convenable Jurour because he is one of those who Endicted me of a mortall crime so as hee did as much as in him lay to destroy me and so he is my mortall enemy Or for other cause of enmity Or because that he is Excommunicate or Endicted or Appealled of a mortall Felony or because he is not of the Kings Allegiance or because hee was at another time Attainted of afalse oath or suffered such corporall punishment for his offences or otherwise is infamous Or because he is friend cosen or allie or of kindred to the other party or because he is a villaine or otherwise in custody or because he is the servant or Proctour or Tenant of the adverse party Or because shee is a woman or because he was Out-lawed or because he was forjured the Realme or because he procured himselfe to one of the Jury or because he is within age or because he is a lunatique or a mad-man and many other exceptions of challengers there are of which if any be denied the challenge is to be tryed by the Jurours and according to the tryall the Jurour shall be admitted or refused And if no Jury once appeare for want of Jurours he may have another CHAP. III. SECT 35. Of Oathes OAthes differ many wayes The chiese Oath is that of Fealty which is incident to every Homage issuing out of Land And sometimes there is the oath of Fealty of resients and dwellers in other Mannours and sometimes remaining in others service The oath of Allegiance
knowing is an offence The Iudge doth not offend so much that he doth not make the Law but he offendeth in foolish undertaking upon him to Iudge foolishly or falsly The fourth kinde of ignorance is that a man Iudgeth of a thing otherwise then rightfull and if such ignorance come of the fact it excuseth and of the Law then it excuseth nor Or thus there is one manner of ignorance which one may overcome and such excuseth not and there is another kinde of ignorance which one cannot vanquish and such excuseth whether it come by nature or by too much passion or sicknesse as of rage And that which is said of Iudges is to be intended also of Iurours and of Witnesses in cases notorious where many entermedle feloniously and any one be killed and there be no cause to kill him in case also where a childe is killed by too much beating and in case where many have wounded one man who dyeth of one sole stroke all of them generally are adjudged Men-slayers for the apparant evidence of the fact for none but God can Iudge the intentions of those that gave the stroke that it was to kill nor who intermedled therein to hinder that any hust were done with a good intent some who command what may be for hurt or may be for good some which held the Parties and others who stroke Againe yee are to distinguish of other Men-slayers as some kill those who enter to doe a mischiefe if such cases be not notorious their acquittance or Condemnaon is in the discretion of the Sutors also in case when people kill a man in defence of themselves and their possessions as it falleth in diffeisins Againe if a man draw another to fence with him or to shoote with him and he giveth him such a wound as if he meant willingly to murder him the same is not to be Iudged for murder seeing men cannot Iudge but according to Facts and not according to the intents or thoughts of the parties hearts Of Fooles also yee are to distinguish for all fooles are accountable Menslayers as to have Iudgement but only Idiots and Infants within age for a crime cannot be done nor an offence but through a corrupted will and a corrupt will cannot be but where there is discretion and innocency of Conscience doth save fooles outragious and therefore Robert Volround ordained That Idiots being Heires should be in the custody of the King for their Marriages and for their Inheritances of what Mannours or Lords soever they held their Lands Likewise yee are to distinguish of Mad-men for Frantickes and Lunatickes may offend mortally and so they are to be accounted and Iudged for Man-slayers but not those who are Mad continually Of Infants also yee are to distinguish of Infants Murderors and of Infants killed the Murderors within the age of one and twenty yeares are not presently to be Iudged to death in a fact not notorious before they be of full age Of Infants killed yee are to distinguish whether they be killed in their Mothers wombes or after their births in the first case is is not adjudged Murder for that none can judge whether it be a Childe before it be seene and knowne whether it be a monster or not and to Infants killed in the first yeare of their age the Counsance belongeth to the Church Of Fugitives and of those Defendants is the distinction which followeth he who killeth a Fugitive after that he submiteth himselfe to the Kings Peace in a fact not notorious he is to be adjudged to death as a Man-slayer otherwise not and he who killeth a man defending himselfe who might flye and avoid the killing is also to be adjudged to death as a Man-slayer otherwise not Of the offences of Robbery Larcine Burglary where the damage exceedeth 12. pence where the offenders are taken in their offences the offenders are to be killed by losing of their heads if the people be present after the fact and testifie the felony and in cases not notorious the Iudgement is to be hanged till they be dead And if the Defendant be a Woman yee are to distinguish whether she hath a Husband or nor who is yâ—t living and also of the Action whether it be mortall or not for if the be and was sole without a Husband which she hath married at the doore of the Monastery and the Action be mortall she shall answer as a man doth and if she be a Feme-Covert yee are to distinguish for if she be accused of a mortall Crime as principall she shall answer and if as an Accessory then yee are to diflinguish for if she be accused of consenting to the felony of her Husband or to any other her Husband not knowing it yet yee are to distinguish of the Crime os the offences of Larcine of Burglary and of other sinall offences she may answer That she was under the command of her husband and that she could not contract him that answer is peremptory in Latcine and if without the knowledge of her Husband she shall answer And if a Woman without her Husband be accused to have been in the company of a Theefe for a minute or a very small time she may say that she was not in his company but as his Concubine Of mortall Judgements of Outlawry of Abjuration of the Realme of vanquished in Battailes for mortall felony and otherwise attainted of a notorious mortall offence or not notorious the offence is such that the blood is corrupted and of the offenders the blood is extinct in every discent in right of blood so that nothing can descend from them to any of their Heires either next or remote by discent but all shall remaine to the Lords of the Fee from the time they committed the offences whoever were Tenants thereof in the meane time by what Contracts soever and all Fealties Contracts and Obligations are blotted out thereby And of Fugitives it is according as it is with Out-lawes and their goods which remaine besides what belong to others remaine forfeited to the King And the like in remembrance of their selonies in hatred of the felons it is lawfull to destroy all their mansion houses to erradicate their Gardens to cut downe and wast their Woods to plow up their Meadowes or otherwise over turne them which King Hen. the 1. did moderate at the request of the Commons in this manner for the saving of the Lands of mortall felons in their hands of what Mannor soever they were holden that he should hold the same and should take the profits thereof for one yeare and should doe wast if there were not other agreement made with him For the offence of Rape the Iudgement was to be hanged till he dyed without having regard whether the Woman ravished were a maiden or not or without distinguishing of what condition she was and whether at the Suit of the person or at the Kings Suit which offence before the time of King Edw. the second was
Seale in case where it should make those Officers inobedient of right and to the King and should charge others to doe such Commandement 63 It is abuse to put these words in Writs Nisi captus sit per speciale perceptum nostrum vel Capitalis Justiciarii nostri vel pro forresta nostra c. for no speciall Commandement ought to exceed the Common Law 64 It is abuse to suffer the Judges to be Plaintiffes for the King 65 It is abuse that Aliens or others who have not sworne fealty to the King or infamous persons or Indicted or Appealed of mortall Crime or who have not an able Commission or after any wrong done or after Judgement given be suffered to have Jurisdiction or to Judge out of the points specified in their Commissions 66 It is abuse that in Appeales by Pleaders are the Pâ—aces and the Countries and the houres of the daies and that it is against the Peace since every offence is against the Peace and such other words needlesse 67 It is abuse to abate sufficient Appeales according to the Statute of Gloucester 68 It is abuse that the remediall Writs are saleable and that the King Commands the Sheriffe that he take Sureties to his use for the Writ for and by the Purchase of these Writs one may destroy his eremy wrongfully and because that such Fines and Penalties â—un in Estreates though they doe nothing but hurt to the Purchasor theref 69 It is abuse that Forraigners are not receiveable in Actions by Suâ—â—ties of Freemen who have not wherewith to finde Pledges 70 It is abuse to distreire in personall Actions where the profit of the Issues comes to the King and no profit accrueth to the Plaintiffes 71 It is abuse that any Plaint is received to be heard without Sureties present to testifie the Plaint to be true 72 It is abuse that it is said that Villinage is not a Franck Tenement and that an Assize lyeth not of an ejection for term of years as well as it doth of a Franck Tenement for terme of life or in Fee for a Villaine and a Slave are not all one either in name or signification for as much as every Free-man may hold in Villinage to him and his Heires performing the services and charges of the Fees 73 It is abuse to hold that seisin accrued not to the Purchasor when the Donor left his goods for as a Contract of Marriage is good by the consent of the wills of men and women although that one of them repent and after the Marriage would withdraw himselfe but he cannot thereby dissolve the Contract so as well it sufficeth to make the Contract by the delivery of seisin as by the celebration of the Marriage although the Purchasor have no other seisin by taking the Esplees nor any Deed. nor writing to testifie the bargaine and if it were that a Woman after the Marriage were ravished and consented thereto and the Husband repleeve her and the ravisher answering to the Contract say That the Husband had no right nor action because he was never sully seised by taking the Esplees nor had no Deed or said that he was never out of seisin of the Woman because she was clothed with his Robes and by her robe she remained in his seisin this Exception nothing availeth him to excuse his wrong no more then in this case If a man buy a Horse and agree with the seller and the seller deliver the â—â—ne to the buyer notwithstanding that the seller repent of the bargaire and forceably take backe the Horse although the buyer hath no Action for the same because he remained alwaies seised thereof at will such Exception is not good 74 It is abuse to thinke that Contracts for goods not moveables are otherwise then for moveable goods 75 It is abuse to thinke that seisin accrueth not as soone to a Purchaser of his Purchase as to an Heire of his Inheritance since the Law requires but three things in Contracts 1. The agreement of the Wills 2. Satisfaction to the Donor 3. Delivery of the possession and gift If a transâ—â—tation of seisin be given to the Purchaser by the Donor at the houre of one of the Clocke and the Purchaser dyeth at the houre of three of the Clocke he dyeth as well seised of the Tenement as he should be of a Woman or a Horse though the Donor have not departed with and removed his Chattels and it shall never be a good Plea for him to say That the Free-hold after the transmutation of seisin by a simple Livery remained in the Donor after this Livery of the Tenement but if the agreement of the Donot be not performed according to the Contract then he may 〈…〉 thereby 76 It is abuse to 〈…〉 at are cannot recover a 〈…〉 Pâ—â—â—entments to Church 〈…〉 since many Reasons 〈…〉 to Reddissesors 77 It is abuse that 〈◊〉 are not granted in Chancery without difficulty to Attaint all false Jurours as well in all other Actions Personalls realls and mixt as in Assizes brought 78. It is abuse to drive a Distresse out of the Hundred 79 It is abuse to make the view of the Distresse to Bayliffes in that a Plaint will suffice and a Court and that he is yet seised thereof 80 It is abuse that we doe not sue for a Tortious Distresse by way of Felony and that one attaint not these Robbers at the Kings Suit 81 It is abuse that vicious Contracts are by agreements maintaied by Law as forbidden of offence Is not Usury an offence is not Imprisonment an offence how can one binde himselfe to Usury or to Imprisonment or a Disseisin if he doe not offend 82 It is abuse that Advowsons of Charters are aliened by Law for yeares in Morgage or to ferine or are partible 83 It is abuse that Leases of Fermes are not longer then forty yeares since continuance of seisin by length of time doth dis-inherit no man 84 It is abuse that no Land is let to ferme or in Fee or for yeares rendring Rent by the yeare more then the fourth part 85 It is abuse to Oat-law a man for a default in case where the principall cause is not felony 86 It is abuse that Auditors are appointed by the Lords to heare Accompts without the assent of Bayliffes 87 It is abuse that Bayliffes have no recovery of damage from Tortious Auditors 88 It is abuse that regard is had to the persons when such Law is not for Bayliffes against their Lords aâ—e contra in the right of Debts due by the one to the other 89 It is abuse that a man may challenge one for his Neise to whom he never found sustinance in as much as a Villaine is not a Villaine but so lorg as he remaireth in custody and since none cara challenge his Villain for Villinage though he be in his custody if he finde not sustenance to his Villaine or send him to some Land in his Mannour where he may gaine his living
or otherwise retaine him in his service 90 It is abuse that Villaines are Frank pledges or Pledges of Free-men 91 It is abuse that others suffer Villains to be in their Viewes of Franck-pledges 92 It is abuse that the Lords suffer their Villaines to plead or be impleaded without them for a Villaine is not Amerceable in any other Court because he can lose nothing as he who hath nothing proper of his owne 23 It is abuse to hold Villaines for Slaves and this abuse causeth great destruction of poore people great poverty and is a great offence 94 It is abuse that a man is Summoned who is no Free-holder 95 It is abuse to Summon a man elsewhere then in the Land contained in the demand if it containe Land 96 It is abuse that a man travaile at his owne Charges by any Summons personall 97 It is abuse that a Justice or other make a Summons who is not a Free-holder within the County 98 It is abuse to Summon men without giving them reasonable warning upon what to Answer 99 It is abuse that false Causes of Essoignes are admitted for as much as the Law alloweth falsity in no case 100 It is abuse that an Essoignor is admitted in a personall Action to the Defendant since one is Maine-prised to appeare in Court by Maine-prisors 101 It is an abuse to receive an Essoigne cast in by an infant within age 102 It is an abuse to receive an Atturny where no power so to doe is given by Writ out of the Chancery 103 It is abuse to receive an Atturney where the Plea is not to be judged in the presence of the Parties if not in case where one maketh an Atturney generall 104 It is abuse that none can make an Attuoney in personall Actions where Corporall pnnishment is to be awarded 105 It is abuse to receive Exceptions in Judgements if they be not sufficiently pronounced for from the Order of the Exception early ariseth cleare Judgement 106 It is abuse to allow a warrant of Voucher to a Theife or in other personall Action 107 It is abuse that Judges Assigned shew not the parties pleading their Warrants or of his power when they demand it 108 It is abuse that Justices and their Officers who kill people by false Judgement be not destroyed as other murderours which King Alfred caused to be done who caused forty foure Justices in one yeare to be hanged as murderours for their false Judgements He hanged Darling because he had Judged Sidulf to death 1 Darling for the retreat of Edulfe his Son who afterwards acquitted him of the fact He hanged Segnor 2 Segnor who judged Vlfe to death after susfficient acquittall He hanged Cadwine 3 Cadwine because that he judged Hachwy to death without the consent of all the Jurours and whereas he stood upon the Jury of twelve men and because that three would have saved him against the nine Codwine removed the three and put others upon the Jury upon whom Hachwy put not himselfe He hanged Cole 4 Cole because he judged Jve to death when he was a Mad-man He hanged Malme 5 Malme because he judged Prat to death upon a false suggestion that he committed the felony He hanged Athulf because be caused Copping to be hanged before the age of one and twenty yeares 6 Athulf He hanged Markes because he judged During to death by twelve men who were nor sworne 7 Markes He hanged Ostline because he judged Seaman to death by a-false Warrant 8 Ostline grounded upon false suggestion which supposed Seaman to be a person in the Warrant which he was not He hanged Billing 9 Billing because he judged Leston to death by fraud in this manner he said to the people Sit all yee here but he who assisted to kill the man and because that Leston did not fit with the other he him commanded to be hanged and said that he did-assist where he knew he did not assisted to kill him He hanged Seafoule because he judged Olding to death 10 Seafoule for not answeriâ—g He hanged Thurston because he judged Thurguer to death by a verdict of Enquest 11 Thurston taken Ex officio without issue joyned He hanged Athelston 12 Athelston because he judged Herbert to death for an offence not mortall He hanged Rombold because he judged Lisilâ—ld 13 Rombold in a case not notorious without Appeale and without Endictment He hanged Rolfe 14 Rolfe because he judged Dunston to dye for an escape out of prison He hanged Freburne because he judged Harpin to dye 15 Freburne whereas the Jury were in doubt of their Verdict for in doubtfull causes one ought rather to save then to condemne He hanged Seabright who judged Aihebbrus to death 16 Seabright because he condemned one by a false judgement mortall He hanged Hale because he saved Tristram the Sheriffe from death 17 Hale who took to the Kings use from another goods against his will for as much as any such taking from another against his will and Robbery hath no difference He hanged Arnold because he saved Boyliffe 18 Arnold who robbed the people by colour of Distresses whereof some were by selling Distresses some by extortion of Fines as if betwixt extortion of Fines releasing of tortious Distresses and Robbery there were difference He hanged Erkinwald because he hanged Frankling 12 Erkiu wald for nought else but because he taught to him who vanquished by Battaile mortall to say the word of Cravant He hanged Bermond because he caused Gâ—â—bolt to be beheaded by his Judgement in England 20 Bermond for that for which he was Outlawed in Ireland He hanged Alkman because he saved cateman by colour of Disseisin 21 Alkman who was attainted of Burglary He hanged Saxmond because he hanged Barrold in England 22 Saxmond where the Kings Writ runneth for a fact which he did in the same Land where the Kings Writ did not run He hanged Alflet because he judged a Clerke to death 23 Alflet over whom he had not cognisance He hanged Piron because he judged Hanting to Death 24 Piron because he gave judgement in Appeale before the forty daies pendant the Appeale by a Writ of false judgement before the King He hanged Diling because he caused Eldon to be hanged 25 Dilling who killed a man by misfortune He hanged Oswin because he judged Fulcher to death out of Court 26 Oswin He hanged Muclin 27 Muclin because he hanged Helgrave by warrant of indictment not speciall He hanged Horne 28 Horne because he hanged Simin at daies forbidden He hanged Wolmer because he judged Graunt to death by colour of a Larcine of a thing 29 Wolmer which he had received by title of baylement He hanged Therberne because he judged Osgot to death for a Fact 30 Therbern whereof he was acquitted before against the same Plainetiffe which Acquittance he tendred