's soever concerning the said Mannor and who have been Stewards of the said Mannor within the time of your remembrance Note if there be a Survey holden for two Mannors or more at one time then say instead of Mannor Mannors And the said Mannors or either of them 2. Item That you inform what Limits and Bounds belong to the said Mannors and what Lords are bounding or bordering therupon or whether they do chalenge intrude or encroach upon the Lands of the Lords of the said Mannors 3. Item That you set forth the Free-hold Lands and â—enements within the said Mannors from the Copy-hold customary and demeasne Lands of the said Mannors and either of them or any other Mannor and who are the Free-hold Tenants or Occupiers therof and what are their names and what Free-hold Rent do they severally pay to the Lord of the said Mannors for the same 4. Item What alienations transmutations or alterations have been made of any Free-hold Lands within or belonging to the said Mannors or either of them and what is due to the Lord upon any such alienation transmutation or alteration 5. Item What Houses or Tenements of Freehold are now standing or have been decayed within the said Mannors by whom and when were they so decayed what Laws do or heretofore did beloag to every such House oâ— Tenement and what Lands have been sold from the said Houses or Tenements and to whom 6. Item What Tenements or Cottages are lately built within the said Manors that are holden at will or sufferance or by Copy of Court-Roll of the said Mannors or either of them or any other Mannors and who be the owners or occupiers thereof and what Rents and Services do they yield and pay for the same and what Laws do belong to every such Tenement and Cottage and how long since have any such Tenements or Cortagâ—s been built and what Commonage do they challenge for the same and by what right and what is the name of such Common or Commons they challenge Commonage in 7. Item How many Copy-hold or Customary Tenants are within or belonging to the said Mannors and either of them and what be their several names and what Messuages Lands Tenements or Hereditaments hath every such Copy-holder or Customary Tenant what are their several quantities and yearly values where do they lie and how they are abuttalled and by what Rents and Services doth every such Copy-holder hold the same 8. Item Whether any of the Copy-holders within the said Mannors have exchanged bargained or sold any of their Copy-hold Lands or Tenements to any Free-holder and what are such Lands and Tenements so bargained exchanged and sold yearly worth and where do they lie 9. Item Whether any Copy-hold or Customary Tenant of the said Mannors or either of them hath let or set for any time or term of years his Copy-hold or Customary Lands or Tenemenâ—s or any part thereof without the Lords license and whether any enjoy any Copy-hold or Customary Lands not having a Copy or Grant thereof immediately from the Lord of the said Mannors and what be their names and the yearly value thereof 10. Item What Lands Tenements Rents Services or Hereditaments within or belonging to the said Mannors are withholden concealed or substracted from the Lord of â—he said Mannors by whom and when c. 11. Item What Heath-Grounds Sheep-courses or Sheep-walks are within or belonging to the said Mannors how are they scituated set forth or bounded and how many Acres do every such Heath Sheep-course or Sheep-walk contain by measure or estimation and how many Sheep will the same yearly maintain and keep and what other Priviledges or Customary Feede do belong to the said Sheeps-course or Sheeps-walk and where do the same lie and at what time or times in the year is the said Priviledge and Feede to be taken and what is the yearly value of the said Sheep-walk or Sheeps-course 12. Item Whether any can or do justly claim or hold any Land that lies within the said Heath-Grounds Sheep-course or Sheeps-walks and by what tight do they hold or claim the same and how much Land have every such Land-holder and whether have they not other Lands of the Lord of the said Mannors in Leiu or exchange thereof and where do the said exchanged Lands severally lie and how are they abuttalled and bounded and what be the several Names of the Occupiers of such Lands and their several quantities 1. Item What Commons commonable Grounds waste and vacant Grounds are within and belonging to the same Mannors and what be their several names how are they scituated meered set forth or bounded and how many Acres doe every such Common commonable Grounds waste and vacant Grounds contain by estimation and who can and do justly claim or pretend to have any Common of Feede in the said commonable Grounds waste and vacant Grounds and what be their several names 14. Item What Inclosures and Incroachments have been made at any time heretofore and now being in upon or out of the said Commons commonable Grounds waste and vacant Grounds by whom where and when were they made and what quantity and by what warrant or right they did or do hold the same 15. Item What plantings or Trees is now and have been hertofore set or growing upon any of the Commons belonging to the said Mannors or either of them by whom they have been so set or planted and what be their names that challenge the same as belonging to their Houses of Tenements and what be the names of such Houses or Tenements and how far off are the said Plantings or Trees planted or growing from the said Houses or Tenements and what number of Plantings or trees do they severally challenge to belong to their said Houses or Tenements and by what right and who ha h lopâ—ed felled sold or converted to their own use any such Plantings or Trees and for how much do they or any of them hold the same 16. Item What demeasne Lands are belonging to the said Mannors and either of them and where do they severally lie and how are they abuttalled and what be their several quantities and qualities and their yearly value and what be the names of them that have them in Farm exchange or Occupation and for what Rent and term or for what cause do they severally hold the same 17. Item What Liberties Freedoms Frankchises and other preheminences and royalties do belong or appertain to the said Mannors what are the same and what profit may be yearly or otherwise made or raised by the Lord thereby 18. Lastly to enquire and certifie who shal neglect or refuse to bring in and shew forth their Deeds or their Evidences of all their Free-hold Lands and Tenements within the said Manor together with all their Copies or Court Rolls of all such Lands as they severally hold by Copy of Court-Roll of the Mannors aforesaid for the better setting forth and distinguishing of the said Lands accordingly
not yet presented and present the same and what Lands and Tenements he held of his Mannor at the time of his death and by what service and who is next Heir to the said Inheritance If it be Socage-Tenure the Lord shall have his Fealty one yeers Rent for a relief over and above his yeerly Rent I do not mean the Rent to the value or profits of the Land though many Lords of Copy-holders have much mistaken themselves of late in this case or else the Tenants do too much mistake themselves to the Tenants undoing when the fine hath been stretcht by the cloak bag-strings of the Lords conscience and for his relief the Lord may distrain immediately after the death of his Tenant You shall enquire whether any Freeholder hath aliened or sold away his Free-hold or any parcel thereof and present it for he which bought the Land before he enter ought to give notice therereof to the Lord and if he bought but a parcel the Rent ought to be apportioned accordingly between both parties according to the value of the Lands sold Fourthly Enquire whether any one man hath two several parcels of Land holden by several Titles dieth seized of the same the Lord shall have two Herriots by his death You shall also enquire whether any Copy holder dieth seized of any Lands so holden and present it Also whether any Copy-holder hath made any Lease of his Copy-hold or otherwise aliened or sold the same without surrender and present it for its a forfeiture of his Copy-hold Enquire also whether any Copy-holder hath made any surrender of his Copy-hold or any part thereof since the last Court-day or before and present it and into whose hands it was made and to whose use for at every death or other alienation the Lord is to have a Fyne were it not for this few Lords would keep any Court at all though they ought to do it to do justice to their Tenants and the party into whose hands the surrender is made ought at the next Court to present the same and to certifie the surrender into Court to the use of the alien according to the trust reposed in him on pain of forfeiture of his Copy-hold and the party that receiveth the surrender is not invested in any right in the estate by the surrender unless he be admitted Tenant in Court Enquire also if any Tenant of this Manor have given any of their Lands into Mortmayn and present it if any man give or sell any Lands to any house of Religion or to any other which be corporate by the Kings Grant or if any one make any Feofment upon trust to the use of any Religious house or to the use of any Fraternity or Corporation this is Mortmain You shall also enquire whether any Tenant for term of life or yeers or any Copy-holder of this Lordship hath made any waste or suffered any waste to be done upon their Lands and Tenements and present it Waste is when any Tenant for term of life or yeers or any Copy-holder pulleth down any house or cutteth down timber-trees or suffereth any of his Copy-hold-Tenements to decay or fall or if any of the Tenants plow up any medow ground or if they suffer any wall or pale which was covered to be uncovered by reason whereof the same wall or pale doth fall or if any Tenant dig coals chalk sand or make any Myne in his Ground it is commitment of waste But if a Tenant fell Timber to repair Houses in decay upon his Copy-hold and therewith doth repair them or therewith build a new house or any new building this is not waste But if he cut down and sell any such Timber this is waste Also Copy-holders may cut down Wood to burn upon their Tenements or to make Reparations without waste Enquire also whether any Tenant died seized of any Lands holden of this Mannor having no Heir at the time of his death his Lands shall escheat to the Lord. None shall inherit Lands in Fee-simple unless he be Heir of the whole blood and understand that a Bastard can never be Heir unto any man neither can he ever have Heir but his children of his own body lawfully begotten therefore if any Bastard die without issue or any other Tenant die seized without Heirs present it Also if any Tenant seized of any Lands or Tenements was ejected therefrom by one that had no rightful Title thereunto and after dies without Heir the Lord shall have his escheat as well if the Tenant had died seized ergo enquire thereof and present it Enquire also if any Tenant of this Mannor hath been attained for any Treason Felony or Murder for which he had judgment although he were afterward delivered or were burned in the hand the Lord hath his Lands by escheat or if any one hath abjured the Land or be outlawed for any Treason Felony or Murder present it for the Lord shall have his Land by escheat You are also to enquire if there be any rents customs or Services withdrawn from the Lordship which are due and of right ought to be done thereunto and what Rights Customes and Services they are by whom withdrawn and where the Land lies out of which they be due and who holds the same and present it Enquire also whether any Waif or Stray was or is within this Lordship and whether the Lord be answered of the same and if not present by whom they are detained and if any Herriot be conveyed away or concealed present it and by whom And here it will not be any digression to tell you what a Waif and Stray is A Waif is if a Thing being pursued or otherwise to ease himself of his burden doth leave and forsake â—is goods which he hath stollen or any part of them such Goods are called Waifs and the chief Lord shall have the Goods so waived unless the Owner of them do make fresh suit after the Thief and attach him for stealing the said Goods in such cass he shall have his Goods again though they be waived but then he must sue an appeal or else procure the Thief to be convicted at his Sute 21 H. cap. 12. An Estray is if any Beast be found in the Lordship and no man know the Owner thereof they shall be seized to the use of the King unless the Lord have them by Grant or Prescription if the Owner do not claim the same within a year and a day after the Lord hath caused Proclamation to be made in the next Markets and in the Church according to the Statute Also enquire whether any person hath made any Rescous against the Lord or his Officers within the Mannor and present it That if the Lord come to distrain for his Rent and the Tenant resist him that he cannot distrain this is a rescue or if Beasts distrained run into the house of the Owner and the Distrainer prays them to be delivered to him and the possessors will not deliver
THE POWER PRACTICE OF Court-Leets With the Manner of Keeping A Court of SURVEY for Mannors Lands and Tenements ALSO Certain Dubious Cases in LAW Opened and Interpreted Published for the Common good of all Both Landlords Tenants and others By Ph. Ag. of Grays Inne Esq LONDON Printed for Samuel Speed at the Rainbow in Fleetstreet 1666. These following Law-books with Variety of others are to be sold by Samuel Speed at the Rainbow in Fleet-street ACtions upon the Case for Deeds viz. Contracts Assumpsits Deceits Nusances Trover and Conversion Delivery of Goods and for other Male-feasance and Mis-feasance by W. Sheppard Esq in Folio Declarations and Pleadings contained in the eleven parts of the Reports of Sir Edward Cooke sometimes Lord chief Justice of England in Folio The Antiquity Authority Uses and Jurisdiction of the Ancient Courts of Leet or view of Frankepledge with an explication of the Oath of Allegiance and the Kings Royal Office of protection annexed by Robert Powel of New-Inne Gent. in Quarto An Abridgement in English of the Cases reported by Sir Francis More Serjeant at Law by W. Hughes of Grayes Inne Esq in Octavo A learned Treatise of Wards and Liveries by the Right Honourable and Learned Sir James Ley in Octavo The ancient and present manner of holding Parliaments in England with their Priviledges by H. Elsynge Esq sometimes Clerk to the Honourable House of Commons in Octavo The Book of Oaths and the several forms thereof both Ancient and Modern in Twelves The Compleat Lawyer Or a Treatise concerning Tenures and Estates in Lands of Inheritance for Life by Sir Will. Noy of Lincolns Inne Attorney-General to King Charles the First in Octavo The Tenants Law a Treatise very useful for Tenants and Farmers of all kinds and all other persons whatsoever by R. T. Gent. in Twelves The Antiquity Extent and Power OF Court-Leets And the form of keeping them IF Antiquity may offer it self in plea for Authority then good cause hath this Court to challenge equality if not preheminence above any in the Commonwealth of England for it was established long before the Conquest and in those days held Plea of all matters in difference either for meum and tuum the two greatest Adversaries in the world or pro placitis Coronae which intends generally the keeping of common peace and welfare in a Nation which is the crown and dignity thereof and the breach thereof is aptly called Crimen lesae Majestatis And so duely and impartially in those days were the Liberties and Laws of this Court observed that it is yet and ever wil be recorded amongst our Legenda aurea that in those days a child might travel safely in the Road with a bag of gold without danger and then the Ways were more dangerous in regard of woods being more full of Woods but I think not so well stored with Thieves as now so that we have destroyed the one and yet in too much plenty reserved the other But to avoid digressions and prolixity too we shall proceed to the formality of proceeding in a Court-Leet as now it is and by the way observe that all manner of Crimes from the highest Treason to the lowest Trespas are here enquirable though not punishable of whâ—ch in order you shall have a perfect description A Court-Leet is at most kept but twice a year in some places but once and in some lazie Lordships not at al but left as a thing obsolete and usâ—less The manner thereof is first about fourteen days before the Court is to be kept for the Bayliff to give notice thereof by vertue of a Precept to be by the Steward of the Court pro tempore existente to him directed which usually runs after this form The Summons for a Court-Leet H. ss A. B. Gent. Steward of the Mannor or Hundred or Leet aforesaid To the Bayliff thereof greeting I command you that you summon and warn all the tenants of the said Mannor as well residents as not residents and all customary tenants of the Mannor aforesaid that they be before me at H. aforesaid on Thursday the 26 day of March next coming to do their Suit unto the View of Frankpledge and all things thereunto belonging c. Dated c. Then the Steward ought to enter on the Court-Roll the Style of the Court which is usually after this manner The Entry of a Court-Leet together with a Court-Baron H. ss The view of Frank-pledge with the Court-Baron of C. L. Esq Lord of the same there held the 20 day of March c. By A. B. Steward there Then make three Proclamations when you call the Court and then a Proclamation fbr Essoins and profers of Suit and Plea which if any be enter them in the Court-Roll and afterwards proceed to impannel and swear the Jury for the Inquest Swear first the Fore-man by himself and then the rest by two or three at a time The Oath is usually the same in substance and not differing much in form from the Oath of the Fore-man to a grand Inquest in Assizes and Sessions and might be omitted but lest the young Tyroes might want it I will in insect the method thereof thus The form of the Oath to the Fore-man of an Inquest at a Court-Leet You shall diligently enquire and true-presentment make of all such matters as shall be given you in charge the councill for the Lord Protector Commonwealth King or other Title of the supream Magistrate as the Law commands your fellows and your own you shall well and truly keep you shall not conceal any thing for favour fear promise or affection nor present any thing for lucre hatred or malice but in all things you shall present the truth the whole truth and nothing but the truth according to your evidence So help you God and by the contents of this Book The Oath of the rest may follow in this manner All such Oath as A. B. your Fore-man hath taken on his part you and every of you shall well and truly take keep and perform So help you God This being done and Proclamation made for every one to keep silence and give attention the Steward is to proceed to give the Charge which is to consist of these particulars The Charge of a Court-Leet consists of two parts one is things there to be enquired of but not punishable there and the other such offences as are three presentable and punishable by Fine Amerciament c. Know then that to avoid needless circumstances we shall briefly tell you that a very proper comparison may be made between the disposure of a Commonwealth and a natural Body as between the Macrocosmus and the Microcosmus The Commonwealth is a Politick Body consisting of a head and members the one subservient to the other in his proper office as the members of the natural body are which maintains a mutual harmony and a flourishing condition in the whole But as the natural body is subject to infirmâ—ties so also is
through the negligence though against the will of his Goaler or Keeper and if he be not freshly pursued and taken before they lose the sight of him the Goaler shall therefore suffer a Fine Petty Larceny is also here to be enquired of which is the felonious taking of any thing under the value of 20 d as Hens Geefe Piggs or pilfering things of small value out of windows these things are here to be enquired of For these offences The house of Correction were more proper for the offendor then the Goal and punishment used so likewise more satisfactorily might all Felonies be expiated by the Felons labour till restoration be made then by death For lex talionis is the most just law in the world bloud requires blood and nothing else it is more precious then to be spilt as to often it is But while it is as it is y u are to enquire what Goods or Chattels Lands and Tenements any Felon hath at the time of the Felony committed for the persons so offending forfeit their goods to the Lord of the Leet and their lands are to escheat to the Lord of whom it is holden And thus much concerning such matters and offences as are to be enquired of and presented a a Court-Leet and to be certified to the Justices of Assize In the next place follows such things as are here to be presented and punished This being a Court of Record here may be brought Informations upon all penal Statutes or an action of Debt at the election of the Plaintiff or Informer Offences of this nature in this Nation do at this time too much abound parly by the Ignorance of such as would prosecute them but know not the Law nor the encouragement and chiefly by the countenance of those that should take cognizance of them and punish them but they are more apt to incline to take the Delinquents part then the Prosecutors Know therefore that amongst these Caterpilers of the Commonwealth the Gamester is the principal Verb by which wicked practice how many Families and persons are utterly ruined And yet none so much favoured and defended these But to prevent this destructive evill the Law hath provided that if any man shall keep either in his house yard or backside any playing or suffer any to play at Tables Cards or Dice Coits Clash Loggets or Nine-pins Shove-groat otherwise called Slide-thrist or shall keep any Bowling-green or alley and shall suffer any person to play therat or at any other unlawfull game either now invented or to be invented every such person and persons shal forfeit 40 s. a day for every day wherein he kept such gameing as aforesaid And all persons that shall play at any such-games forfeit every one the sum of 6 s. 8 d. for every day that they shall play at any such games as aforesaid one moyty of all such Forfeitures shall go to the use of the Lord Protector the other moyety to any person that will sue for the same non constat what he is worth per annum as some pretend in any Court or Cours of Record either by action of Debt Bill of Indictment Plaint Suit or Information wherein no wager of Law Essoyn or other protection is to be allowed the Defendant Therefore in this Court an Information action of debt or Plant lies against gaming-houses and players therat if any such there be within the Jurisdiction of the Leet as there are few places free from them And the Jury is also to inquire of these offences present them In the next place and indeed he ought to be a the upper end of the board for he 's the ringleader of all wickednes comes Mr. Ale-house keeper or Mr. Victualer as he calls himself This is one that is seldom guilty of one fault alone yet he 's so elevated with the vapours of his Ale that he 'll bid defiance to the law and them that prosecute it and many times the Constable or him that is sworn to present his Abuses dares not because out of the flushes of his easie gains he lends him money But the Jury at every Leet and other Inquest is sworn to enquire and present if any one sell Beer or Ale without license It will not serve their turns to pretend they are free Cooks or free Inholderâ— for the statute excuses none The punishment for an unlicensed Alehouse-keeper is at the discretion of the Judge or Justice either by the the Statute of 5 Ed. 6. wherein the penalty is 20 s. to the use of the poor deducting a third part to the Informer if it be by information of the parish where the offence is committed or in default of paiment thereof the Ale Merchant is to be publickly whipt Another penalty by the Statute of 3 Car. is three days Imprisonment without Bayl or Mainprize and afterwards until he shall put in sufficient security not to Victual any more without License Also if any Alehouse-keeper licensed or unlicensed shall sell Beer or Ale in unsealed Measures as Cans stone-Juggs black Pots or the like or in any other unsealed Measures or shall sell less then a full Ale-quart of the best Ale or Beer for a peny or take above a peny for a full sealed quart he forfeits for every such offence 20 s. one third part thereof to the prosecutor and two parts to the poor of the Parish Honest men mâ—ght well employ themselves to punish these Offenders and doing it impartially without respect of persons may do much good to the Common-wealth preventing these fellows from growing from bad to worse by putting their ill-gotten gains to Usury maugre their calâ—ing of them Promoting knaves And I doubt not but I shall have such prayers as the Chaplains of their Calling use for my pains If any Al house keeper shall suffer any persons to sit tipling in his house above the â—pace of an hour he forfeits Ten shillings â—nd the Tiplers Ten groats a piece If any Alehouse-keeper suffer any one to â—e drunk in his house the Drunkard forâ—eits 5 s. the Alehouse-keeper 10 s. Every Alehouse-keeper is to keep at least one lodging-bed in his house for the entertainment of strangers that is the intent of Alehouses Neither is the Alehouse-keeper to take any goods to pawn of strangers or wayfaring men nor to entertain any suspicious pe sons but to give notice thereof to the Constable or nexâ— Justice of peace Fore-stallers Regrators and Ingrossors are here also to be presented or informed against If any one shall buy corn upon the ground or other dead victuals with an intent to sell it again out of any Fayr or Market he forfeits the value of the goods so bought and two months imprisonment oâ— his body without Bayl or Mainprize There is also an Act of Parliament lately made concerning Corn and Meal That iâ— any person shall sell or put to sale any Meaâ— or Flour in his house or shop or otherwisâ— then in the open publike Market he
them it is a Rescue You are likewise to enquire of and present all pound-breaches whether any person hath broken the Lord's Pound that is to have taken away any distress put therein if the Lord do distrain for Rent or service behinde he may impound the distress either in a common Pound or in his owâ— Ground if he will or in his Neighbors Ground by the License of his Neighbor and any place in which the Lord doth impound is the Lord's Pound but if any other person do impound any Cattle in his own Pound or his Neighbors he ought to give notice thereof to the other party that is to the Owner of them that he may give them meat if he will and then if the Beast die for want of food he that was distrained shall be at the loss and he that did distrain may distrain again for the same Rent or Duty Enquire also if any Inhabitant have overcharged the Common or High-ways or common Fields by putting therein more Cattel then they ought to keep or before the days agreed upon and present it for the Lord may distrain the Surplussage Damage Feiâ—ant There may also be made certain Orders by the Inhabitants one among another which none may break under such penalties as they agree upon between themselves Also you shall enquire whether any persons have digged any Holes or Pits in the High-wayes or whether any use commonly to break Hedges or suffer any Hoggs to go unringed or unyoked to the annoyance of their Neighbors and present the same Enquire likewise whether any person hath stopped any Water-course Way Ditch Path or Stile or turned any of them out of their way and present it have a care in this case you present no man malitiously a foot or two to step about its not so great damage to any as to cause a suite more then the value of the land as some have done and after repented too late Also whether any Tenant hath made any incroachment upon any of the Lord's Land Meadow Pasture Wood Heath or other vacant Ground without the Lord's leave or hath set his Hedge or Pale beyond his due bounds present the same Also enquire whether any person hath plowed up or removed any Meerbanks Banks or removed any Bounds or Limits between one piece of Land and another and present it Also you shall enquire whether any person doth detain or keep away or detain any of the Lords Court-Rolls or Evidences and present the same Also if any person have Hunted Hawked Fished or Fowled in the Lord's Warren and present it Also you shall enquire if any persons have taken any Eggs of the Lord's Swans out of their Nests and present their names Enquire also if any trespass be done in any of the Lord's Liberties either in his Corn Grass Meadows Pasture Woods Waters Ponds or Hedges or take or destroy any Aicry of Haws and present the same Enquire also if any Land be inclosed that ought to lye open without the license of the Lord and other Freeholders and present the same that the Tenants of the Mannor may not lose their Common thereof Enquire also whether any Tenant for life or term of yeers hath let any greater or longer estate in his Lands or Tenements then he hath therein it is a forfe ture of their Estates Enquire lastly if all the Defaults and Plaints presented at the last Court be sufficiently and duly amended and whether all the Orders and Rules made heretofore concerning this Mannor be observed and kept and present it and if you know any thing more fitting to be or that ought to be presented for the Lords profit or your own common good diligently enquire thereof as you are in conscience bound according to the Oaths you have taken and are obliged to both by God and man studying as much as in you lies the general good and welfare on of another and to that end of all matters given you in charge and here to be enquired of make a true presentment distinctly and plainly without malice in speaking more then is true or favor in concealing any one that is culpable against the truth The form and manner of proceeding in personal Actions both in the Court-Leet Court-Baron also the hundred Courts which is also a Court held generally every three weeks to hold plea in personal Actions where the debt or damages exceed not 40 s. by the Sheriff in many places or by his Steward if the King be Lord thereof or if it be a particular Loâ—d by his Steward for the whole Hundred I say the Process of these Courts is Summons Attachment and Distress to be directed by Precept from the Steward of the Court to the Bayliff of the same where it lies in the choice of the Plaintiff either to summon the Defendant or attach his Goods which he must put in Bayl unto to appear at the next Court to answer the Defendant which is usual in trespass but in debt onely a Summons without bayl a laudable way of granting out Process in all Courts of Judicature coming neerest the purity of the original and ancient practice of the Laws of this Nation And if the Original in the Court of common Pleas were only used and the Capias taken away or rather indeed a Sub-poena only in all Couâ—ts an Attachment to follow in case of Contempt how much vexatious charge trouble would the people of the Nation be freed from and their Estates and persons saved from the devouring clutches of those ravenous Wolves the Catch-poles and Sergeants to which honest men are often enforced subjects when perhaps nay most often less charge would end the difference then these men expose both parties unto and for which both Plaintiff and Defendant sit down losers But because it is our earnest desire to pursue peace as much as is possible with all men we shall here lay down a method of keeping a Court of Survey which if all Lords and Tenants would as if they will with a little charge they may joyn together and perfectly observe the Right and Propriety of every man might be known and registred amongst them and thereby many tedious consuming troublesome Title-Sutes at Law avoided for by this means every one might know his own and he that will not therewith be content deserves nothing The manner form and method of keeping a Court of â—urvey for the surveying setting forth Butting describing and bounding of any Mannor or Town with the several Tenures belonging to the same Wiâ—h the form of making a Terrar or Field-book and the Articles to be given in charge to the Jury in a Court of Survey Articles to be enquired of and given in charge in a Court of Survey holden for the Mannor of A. in the Parish of H. in the County of N the 8 day of May 1656. INprimis Who have or are suspected to have or keep back any of the Lord's Evdences Court-Rolls Rentals Books of Survey Teâ—rars or Writings what
whereby the Survey of the said Mannors may be made the more perfect The manner of making the Terrar or Field-Book may be thus A general Survey and Field book taken at H. in the County of S. holden for the Mannors of G. and H. by R. T Steward and Survayor of the same the 10 day of M. 1656. wherein all the Messuages Lands and Tenements in the said Mannors are set forth butted and bounded The Tenure how all such Lands are holden and who be the right Owners thereof Then begin at what part of the Town you please so go through setting down every parcel of Land Messuage or Tenement distinctly abutting and bounding it and at last set down the Tenure and Title of the Owner or Inheritor according to his evidence for the same as thus if you begin at the Mannor house then begin your Survey Book A. B. Esq Lord ef the Mannor of H. c. holdeth one Messuage or Mannor house being the scite of the Mannor aforesaid in his Demeasne as of Fee together with Barns Stables Dove house Orchards Garden c. abutting and bounding the same exactly Then proceed to the next land as you go whether East or West if East then thus A. S. holdeth next and more East twenty Acres of Arable Land abutting c. as it lies c. by Copy of Court Roll ut patet per Cop. suam de Rotulis Curiae If it be Free-hold of Inheritance then say A. S. holdeth of the same Mannor one Free-Tenement c. abutting it exactly and putting down his Title and Tenure according to his Evidence If the Lords of Mannors and Tenants in their several Parishes and Townships would but joyn together with a little charge they might have Books of Survey made of their several Mannors wherein each mans Propriety might be recorded and known and this being done but once in an age or by every succeeding Lord his Tenants and himself might live in amity and tranquillity and many chargeable and vexatious Law-Suits to the undoing of thousands avoided and people might quietly follow their Vocations at home and not the promotion of others by the ruine of themselves But probably the Obstructors of Peace will give me small thanks for this Oh Mounseur Self-ends and Avidus when wilt thou depart from us R. T. Pacis dulcis Amator Acording to promise I shall proceed to declare the manner of proceeding in some inferiour Courts of Record of this Commonwealth bot declaring them sitter Objects of Reformation then Pratice they were indeed originally instituted for the more speedy administration of Justice between party and party in their Corporations but are now by the corruption of time become Instruments of vexation and injury and because they are seated in the Metropolis I shall first begin with the Sheriffs Court of London There is holden at the Guild-hall for the City of London two Court-days for one Compter holden before one of the Sheriffs and two Court-days for the other Compter before the other Sheriff in every week holding Plea in all personal Actions ad infinitum Their Practice in both Courts differs neither in manner nor form nor substance but the beginning of their proceeding I mean the levying of their Plaints is the most unjust and illegal both in the eye of the Law and of all rational people of any Court in the World For indeed the blame of all Courts is that they do not issue out Summons and take sufficient Pledge to prosecute upon the Return of the Summons as the Law originally intends before the awarding of any Capias for arresting the Body of the Defendant but return an Originall of course as they call it sometimes and sometimes not at all putting John Doe and Richard Roe for pledges to prosecute whereas indeed there ought to be a due Summons first returned and Pledges that iâ— sufficient Sureties That if the Plaintiff do not prosecute or be overthrown in his Action the Defendant shall be satisfied his costs and damages for his unjust trouble charge and vexation But the Practice of these Sheriffs Courts is so far from this that they make out no Process nor Precept at all for to warrant their Arrest But they have a Book in their Office at the Compter-gates wherein they enter the Actions that is the Plaintiffs and Defendants Names and the Debt or Damage and that is all And this is most often done after the party is arrested and in Prison for if two of their Varlets meet a man in the street minding to make a prey of him for which they continually lurk they immediatly seize on him if they know but any person he hath any dealing with be the Case right or wrong they presently drag him to the Compter or their petty Goals at next door and then run and enter against him what Actions they please in the Name of any Man And at the next Court-day the Defendant perhaps after two or three days imprisonment may obtain a Non-Sute and shall have adjudged him 7 s. 2 d. for his Charges which is not the tythe thereof and that he may look for if he can tell of who or any man whatsoever that hath any envy in his breast which there are few that want may come and enter an Action against any man he 's minded to do a mischief unto and keep him in Prison at 8 d. per week charges to the Knave as long as he livâ—s And their way of taking of Pledges of prosecuting is thus To demand of the Plantiff or he that enters the Plaint where he lives if he say in Fleet-street then then they enter Pledges to prosecute Johu Fleet Richard Street if in Common-Garden then Pledges c. John Common Richard Garden according to the place the party names though no such man be And it is a great oppression to Country-people who are thus snapt up by irregular Proceedings This is not to expedite Justice but to disgrace the Law and wrong the Commonalty By this means I have known many utterly undone and some have lain in Prison five weeks upon this account and never knew heard of nor could never find out his Adversaries And then after this he hath non-suited their Actions entred over and over again they take a President from a worse then this that I must take so much leave as plainly to speak of that is the Court of Upper-Bench from whence issues a Writ called a Latitat or in the County of Middlesex A Bill of Middlesex and uppon the supposition of one of these returned though never any such thing be they reward a Latitat into all Counties to take the Defendant without naming the cause onely Trespass be it what it will be upon which if he cannot put in bayl he shall lie in Prison three Terms which somtimes with the Vacations to boot is above three quarters of a yeer and then if the Plaintiff declare not he may obtain his Liberty by a Supersedeas if he hath money