wrong to the King when I disseise him of his right or use force where I ought to use Judgement On the other side that which is taken from me by the rightfull Judgement of any Judge Ordinary or Arbitraty is not taken wrongfully from me Wrong is here taken as well for deforcement or disturbance as for ejection Deforcement as if another entereth into anothers Tenement when the rightfull owner is at the Market or else where and at his returne cannot enter therein but is kept out and hindred so to doe Disturbance is as if one disturbe me wrongfully to use my seisin which I have peaceably had and the same may be done three waies 1 As when one driveth away a distresse so that I cannot distreyne in the Tenement lyable to my distresse whereof I have had seisin before 2 Another is where one doth Repleive his distresse by the Sheriffe or the Hundred wrongfully 3 As if one distreyne me so outragiously that I cannot manure Plow or the my Land duely in which Case it maketh one an outragious distreyner to disseise or for to eject the Tenant as if any one eject me out of my Tenement whereof I have had peaceable possession by discent of Inheritance or other lawfull title to the possession Note that all right is in two kinds either in right of possession or in right of property and therefore the right of property is not so determinable by this Assize as is the knowne possession or as that which altogether favoureth of a possessory right The remedy of Disseisins hold not of moveable goods nor of any thing which falleth not into Inheritance as Land Tenement Rent Advowson of a Church and a house of Religion Franchises and the Appurtenances and such other rights whether they are holden perpetually in Fee or for terme of life or yeares according to the Contract as well as the Land morgaged to such a one and his Heires untill so much be paid to such a Tenant or his Heires Eiection of a terme of yeares falleth into the Assize which sometimes commeth by Lease or Baylement or Loane and sometimes by right of Wardship by the Nonage of some Heire and to the recoverer it belongeth to hold them according to the Contracts Villinage in some Case falleth into this Assize as to Free-tenants who are ejected or disturbed to continue their seisin of lawfull Presentments and whereof a Bargaine is made betwixt any Doner and any Purchaser although that the Purchaser cannot present living the Clerke of the Doner instituted into the Church the Title neverthelesse of Contracts barreth not altogether the Donee so that afterwards he cannot present against the forme of the Contract and if he doe the Doner falleth into this Assize and the Bishop who gave the Institution to him who is not presented by him to whom the right of presentation doth belong in his owne name Into this Assize also fall Donors and Purchasers who make vicious Contracts of Lands and Possessions as also it is of Guardians and of Farmers who Lease their Lands for a longer time then their terme endureth in prejudice of the Lord of the Fee or of him to whom the Reversion belongeth as it is of those Lessors who have Fee rayle On the other side fall into offence those the Kings Officers and others who disseise a man or a Corporation of their Franchises whereof they have the Inheritance by lawfull Title if not through the default abuse or negligence of those or of their Bayliffes to whom the Franchises belong Into this offence also fall all Atturnies who yeeld up the Inheritance or Freehold of their Clyents in Judgement and the Justices also who yeeld to them and the Tenants also for it behoveth not Atturnies to lose their Clyents rights but it behoveth them to defend them till a rightfull Judgement be given Into this offence fall all those who commit any wast exile or destruction in Lands as that which is not justifiable by Law as those who assigne over Lands to others where in the Feoffments to themselves or their Ancestors there is mentioned but of Heires only and that may be two waies viz. to Heires generall or to speciall Heires named as in Fee tayle or not named as in Franck-marriages This Action all Persons may bring Men Women Clerkes and Laymen Infants and others of what condition soever they be who are not forbidden by the Law It is forbidden to Villaines to bring this Action without their Lord for as much as they are in the Custody of their Lords In the same manner to Feme Coverts and to others who are in Ward and to those who were never Tenants in their owne names but in the name of the Lord The Law also denyeth the Suit to those who have withdrawne themselves from the same action in Judgement or have released or quit-claimed their right And note that Retrahere sub-trahere is not all one Retrahere doth acquit a man from those things which are in his Writ or in his Action but neither the one not the other can utterly barre him if he doe not openly declare the same but subtrahere withdraw his Action every Plaintiffe may doe either by himselfe or his Atturney whether he be present in Court or absent and although it be that one will not pursue his Action yet he doth not so barre himselfe nor withdraw himselfe but that he may have a new Writ and a new Plaint if he doe not openly in Judgement say that he withdraweth his Action these remedies hold against a Disseisor and where there are many against all those who appeare in the force or in the aide CHAP. II. SECT 26. Of Distresses ANy Action rightfully grounded upon a Personall Trespasse accrueth to people wrongfully distreyned which is called a Distresse and because that none can cover his Robbery or his Latcine by Distresse it is 1 to be knowne what is the division of Distresses 2 Who may distreyne 3 When and of what things a Repleive lyeth A Repleive is nothing else but a reasonable distresse A reasonable distresse is to the value of the thing in demand without any other fault for no outragious distresse is termed lawfull There are two manner of Distresses a dead distresse as of Corne Wine and other such Chattels and a live distresse as of a Man a Beast and of such like things No man can distreyne who is not warranted so to doe by Law or by some other speciall deed 1 By the Law as for Damage feasance and for Debts and Contracts of Forraigners for Forraigners are distreynable by their moveable goods and summonable because they are not free Tenants in the places where they are destreyned and for as well a Debt recovered as any other and so for Amercements of damages and Arrerages of Accompt or other thing 2 By Deed as if you grant me any Annuity and doe grant me to distreyne in the Lands for the Arrerages of the same or other service and binde
after default untill due satisfaction was made so as the defaults were more hurtfull to persons in contempt then profitable Some Actions are personalls and not mixt in the introduction as of Neistie of Acccompt of leading away distresses and some actions there are that although they savour of the personalty and realty yet they hold not the rules of those actions As of Recognitions of Assizes in which if the Tenants make defaults for that there is no distresse nor seisure of the Land or other thing in the Kings hands but the Recognitions are to be taken ex officio and the Judgements are to be pronounced according to the Verdict of the Jurours in respect of such defaults CHAP. IIII. SECT 6. Of Personall Action IN personall Actions venialls where the Defendants are not Freeholders the defendants used to be punished after this manner First Processe was to bee awarded to arrest their bodies and those who were not found were put in exigent in what Court so ever the Plea was and were at three Courts solemnly demanded and proclaimed and if they appeared not at the fourth Court then were they banished the Lords jurisdiction or the Bayliffes of the Court for a time or for ever according to the quantity of the Trelpasses CHAP. IIII. SECT 7. Defaults in reall Actions THe defaults in reall Actions are punishable in this manner At the first default the plaintife is there seized to the value of the demand into the hand of the Lord of the Court and the Tenants are sommonable to heare their Iudgments of defaults Or after appearance the seisure is to be adjudged to the Plaintifes to hould in the name of a distresse untill by lawfull judgment hee be ousted thereof And if any one appeare in Court first he is to plenise the thing in demand and presently to answer the default In which case hee may deny the Summons because hee was never Summoned or not reasonably Summoned and thereof he may wage his Lawyer against the Testimoney of the Summoners although they be present and if he wage his Lawyer he is presently to plead to the Action or to the plaintife CHAP. IIII. SECT 8. Of Actions Miâ—t THe defaults of mixt actions are punishable in this manner The defendants are distrainable by all their moveable Goods and Lands saving that they are not put out of that possession from Court to Court till they apeare and Answere and the issues come to the profits of the Lords of the Courts CHAP. IIII. SECT 9. Of Pledge and Mainpernor PLedges and Mainpernors are of one signification notwithstanding that they differ in names But Pledges are these who baile other things then the Body of Men as in Reall Actions and Mixt Mainpernors are in personall Actions only those wâ—â— bayle the Body of a Man safe Pledges are those who are sufficient to answere the demand or the value and are true men and Freeholders to whom the Plaintife is and in whose Court the Plea is brought and if any one bring the Body or his Fees by default he is sufficient punished though hee bee not amerced but then the Offendor is first amerceable when he is brought to judgement and cannot excuse his wrong or save his default And as none who commeth before Summons is amecreable so no Plaintife is amerceable or his pledges de prosequendo for Nonsuit where the Tenant appeareth according to the warrant of the Summons or other wise maketh satisfaction for the same As in Case where the King Commands the Sheriffe that hee command such a one to appeare or to doe and if he do not and the Plaintifes put in sureties to prosecute his suit then that he summon or attach the defendant c. In which case if the Sheriffe had not warned the Tenant to appeare or to do according to the points of the Warrant if he take surety of the Plaintife to prosecute hee doth him wrong But the Plaintifes and their pledges are to bee amerced when the defendants offer themselves in judgment against them and they make defaults by Nonsuit And also those Sheriffs do wrong who forbeare to execute the Kings Commands in as much as the Plaintifes have found sureties to prosecute their Plaints when no mention is made in the Writts to put in sureties CHAP. IIII. SECT 10. Defaults after summons AS there is a default of persons in the like manner there are of things As of services issuing out of Lands where the Lands are in service and wherenot If Rent Suit or other service bee behinde to the Lord of the Fee The Tenant is not distraineable for the same by his moveable goods but it behoveth to sommon the Tenants to save their defaults or to make satisfaction or to answere wherefore those services due out of their possessions are behinde to the Lords and if they appeare not at the Sommon by the a ward of the suitors their Lands are to be seised into the Lords hands til they justify themselves by pledges And if they be againe summoned to heare the Iudgments for their defaults Although they come not at the second Summon they are not to bee amerced in as much as they came they may render the Land or alledge a priviledge or say something why they ought not to obey the Summons And if the Lord have not a proper Court nor suitors or hath not power to do Iustice to his Tenants in manner as aforesaid Then the same may bee done in the County or Hundred or elce in the Kings Courts Or at first by a Writ of Customes and Services and other Remediall Writts And if any one hath not any thing to acquit himself the Lord is not to loose his Right although hee be delayed thereof but the Lord may seize his Land as before is said and the Tenant is to recover his damages where he can and it shall be accounted his follie to enter or remaine in another Fee without the consent of the Lord. And if any one oust him of his Land and of his Tenement enforceth another person to hould of him and maketh himselfe mesne betwixt the Lord and the Tenant in prejudice of the Lord in such a case the law is used to hould the course after said CAP. IIII. SECT 11. Of champion IF any one do or say to his Lord of whom he houldeth any thing which turneth to the hurt of his body or to his dissinherison or to his great dishonour First by the Award of his Court or of some other such a one is sommonable if he be his Tenant and afterwards if he make default he is destrainable by his Land by the Lord till he appeare and if hee appeare and cannot discharge himselfe by his wager of Law by 12. men more or lesse according to the Award of the Court hee is to bee disinherited of the Tenancie which hee houldeth of the Lord in such a manner by the Judgment of the Suitors and so it behoveth that the Tenants leave their Lands and
he who bound himselfe to warranty would not warrant the Land not vouch over it appeareth thereby that the Ancestor was Tenant by a naughty title and that he was possessor thereof by an ill way and if the Heire had nothing whereby to discharge him the Tenements bound to warranty should be recovered And if the Heire had nothing whereby to discharge not no Land is found bound to the warranty if the Purchasor lost his purchase it was at his owne perill and accounted his owne folly the better at any other time to looke to his assurance CHAP. V. SECT 5. Articles upon the Statute of Westminster 2. THat which is said of the Statute of Westminster 2. which faileth in many cases is now to be understood for against all Trespasses is the Law made although it be dis-used or controuled by those who know not the Law And the three first Chapters are not Statutes but are the revocations of the Errours of negligent Judges for the Law permits not that a man make a better estate to another then himselfe hath but requireth that every lawfull Contract be made according to the wills of the speakers and that which is in the Statute that if a Fine be leavied in deceit of right that the same be null is reproveable but it might have been better said That for that Fine that no man be barred of his right for the Fine leavied cannot be rightly said null but it holds in force and barreth at the least the Donor of his Action The point if Distresses doth not repeale any Errour but affirme them as before appeareth in the second beoke And that which is said in the second Statute that Suitors in Counties have no Record is but abusion since every lawfull restimony is a Record and every false testimony is a lye and as lawfull may other people testifie as the Justices assignned Is not the same Writ abused to grant to Counties Records in Outlawries Pledges Maine-prises Battailes Grand Assizes and other Cases and not other points and to deny that the Sheriffes or Lord of the Fee or other to whom the King sendeth his Writ hath not as well Record of Processe before him as those whom they call Iustices is but Errour And as to the causes of Writs of paines is suffered great Errour that that which is not warranted in the Accessory that he may 〈…〉 in the principall since the Law permits that none be aided by a lye or a vicious Writ Of the other side because there is more realty in the Statute then personalty as more Attachments are awarded in personall Actions then in mixt and realls The point of Measnes is reproveable as to the Proclamation and as to the non-acquittance of those who hold by lesse service then the Measnes for be it that B. hold one hundred pound Land of D. by the service of twenty pound per annum and the same B. give the moyety thereof in Frankalmoigne or Frank marriage or to hold by the service of a Rose to C. if it happen that the same B. forfeited what he hath by this Statute no remedy is ordained for C. who was purchasor from B. and therefore the old course is to be holden which is said before in Iudgements The remediall Statute of the right of the Wife lost by the default of the Husband is reproveable for the old Law was that a woman after the death of her Husband should repleeve her Inheritance or purchase so lost summoning the Tenants for a Cape is not but a distresse and ejection of seasin saving every right and it is lawfull for one of the Tenants in common to defend his right where he is damnified by the negligence or the non ability of his Partner In the same manner may a Woman according to Law in the right of her Husband neither doth the Law give to Widowes Action to demand Dower in the cases named in the Statute but in all cases the Law enables her to be received by Lawfull reversing of the Iudgement And that which is contained that Tenants may vouch to warranty is but abuse how holdeth voucher place where a Writ lyeth not yet is it understood with a saving that no jurisdiction of a Iudge assigned extend to other Persons then those who are named in the Writ and that none shall vouch more then in the same Writ are named by Writ of Replegiare and therefore are warranties attainable and determinable by Writs The Statute following which Ordaineth new Writs remedialls after defaults is prejudiciall to Lords of Fees who lose the advantages of their Courts because that Writs of Right are forbidden in such cases where they wont to be used Presentments to Churches ought not to be but in the names of those to whom the meere right of the Advowson doth belong according as is said before in Contracts and it is errour and abusion of Law to endow women of Advowsons or to Lease them to Farme or for the terme of anothers life or in Frank-marriage or in Mortgage or in Fee-tayle or otherwise then in Fee-simple And those who receive Clerkes presented to Churches in prejudice of those to whom the meere right in Fee doth appertaine are bound to make restitution of the damages and those who have recovered to Jurours by whom they were certified of the right of the personage and so it appeareth that the punishment lyeth more against the Bishops then the presentors And that which enacteth long Imprisonment for a punishment is but abuse since none is imprisonable if not for a wrongfull imprisonment The Statute of Warranties is but a revocation of Errour used against Law The Statute of Admeasurement is reproveable in many points as to the Proclamations since admeasurement and surcharge are to be by Jurours The Statute of Measnes is reproveable in many points as it appeareth in the Chapter of Distresses Contracts and defaults and the same appeareth in the end of the Statute where the Plaintiffes know not a set fine The Statute of suspension of Writs in Eyres is reproveable as repugnant to the great Charter which saith we will sell no Right nor detaine it and wherefore are Writs rebuttable from heating but for the multitude of Writs which are and for the small number of Justices the right of many perish The Statute of obligees in Accompt is reproveable in many points one as to the exception to the Persons for the Masters is ordained recovery and to Serjeants not when Auditors are assigned without the consent of the servants The other that the Auditors are not tyed to allow any thing but at their pleasure without punishment Another that the recovery is ordained by detinue of the servants and not against the Surety not the goods Another that the Lords are not to be Attested according as of the servants Another that the wickednesse of Auditors remaineth unpunished Another of Outlawry for none is to be imprisoned if not for a tortious imprisonment The Statute of Appeales is reproveable in
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
that they come to the Lords And if any one denieth his service which he ought to do it may be said by the Lords that wrongfully he denieth either part or the whole and that to his wrong and so further count of seisin by his owne hand and that such is his right c. as after shall be said And the Tenant may choose to try his Right by his owne body or by another or joyne issue upon the Grand Assise And pray Conusans whether hee hath the better right to hould such land specified discharged of such service as he houldeth or the said A. to have the same Land indemesure as he claimeth And if the Defendant will try his Right by the body of another Then yee are to distinguish For if the Action be personall the Suit need not be present and if the Action bee Reall and the Tenant hath his Champion present Then may the Plainâ—ife offer his Champion against the Champion of the defendant or he shalloose his Covenant or his Writ And if the Defendant have nochampion then are the parties adjournable if they have joyned Battle that they have their Champions ready at the next Court as appeareth in the case of Saxeling to whom Hustan was bounded in a Bond of 10. li. by a writing Obligatory made at Rome which the said Hunstan denyed That it was not his deed To which Saxeling by way of Replication Answered That hee wrongfully denyed the same and that wrongfully for that he sealed it with his Seale or with the Seale of another which he borrowed of him such a day such a yeare and at such a place and that if he would deny it he was ready to prove it by the body of A. who saw it or by O. and C. who saw the same and if any hurt come to them he was ready to prove the same by another who could prove the same And so it appeareth that it is not needfull to have present Suit in such personall Actions the first day but the Parties may bee adâ—â—urned as it is said And if any one who cannot bee a fit witnesse or who is a Champion bee offered by one of the parties to combate who was not named before to make the Battle and the adverse partie there challenge him and demand Iudgement of the default in such such case the Iudgement is to be given against the profferer And if any ill happen to any of their Champions where by they cannot combate according to their proffer none is resceiveable to try the battle for him but only his eldeft sonne Lawfully begotten as by some is said And if the Tenants champion be vaâ—â—uished The Tenant thereby looseth all Homage and all Alliance and all Oathes of Fealty and all Homage betwixt him and the Lord and the Lord is to enter therein and to hold the same in demesue as if he had recovered by the Grand Assise And if the champion of the Lord be vanquished that them the Iudgement be that the Tenant hold his Land for ever quit of the service in the demand And if the King doth any wrong to any of his free men who hould of him in chiefe the same course is to be holden The Earles of Parliaments and the Commons have Iurisdiction to heare such causes and determine them because the King cannot by himselfe nor by his Iustices determine the Causes nor pronounce their Iudgment where the King is a partie And as the Lords may challenge their Tenants of wrong Or Injuries done to them against the Articles of their Fealtie In the like manner are the Lords challengeable of wrongs and Injuries done by them to their Tenants And if the Lords do not appeare to answer their Tenants Then are the Tenants to be adjudged thatâ—they doe no service for their Lands till the Lords have Answered CHAP. IIII. SECT 12. Of punishments PVnishment is a satisfaction for a Trespasse or an Offence There are two kinds of punishments Voluntarie and Violent Volantatie is that which bindeth the doer of his owne accord as it is in his Compromises to compell the people to keepe their Bargaines But with such punishments the Law medleth not with Of violent punishment wherewith the Law medleth there are two kindes Corporall and Pecaniarie Of Corporall some are Mortall and some Veniall Of Mortall some are by beheading some by drawing some by hanging some by burning alive some by falling from dangerous places and otherwise according to Auncient priviledges and Vsuages The Offences which require punishment of death are the mortall Offences Of Veniall punishments some are by losse of Member As the Fellony of Mayhem in case of wrong Of Member some by the losse of hand as it is of false Notories and of cutters of Purses with the Larcine of lesse then 12. d. and more then 6. d. which King Rich. changed some by cutting out of Tongues as it used to be of false witnesses some by beating some by Imprisonment some by losse of all their moveable goods and not moveable as of false Iudges and it is of userers attainted of usury after their decease but not if they bee attainted thereof in their life for then thy loose but only their moveables because by pennance and Repentance they may amend and have Heires Some by exile and abjuration of their Christianity or of the Realme of the Towne of the Mannor or the Land and their friends as it is of those who are attainted in personall Actions Venialls who are not able to make satisfaction Some by Banishment as it is in contempts in personall Actions Venialls some by other Corporall paines as it appeareth after its place And although one offend indeed or in word in all judgements upon personall Actions 7. things are to bee weighed in the ballance of Conscience that is to say 1. The cause 2. The petson 3. The place 4. The time 5. The Quality 6. The Quantity 7. The end 1. The cause whether it be mortall or veniall 2. The person the plaintiffe and defendant 3. The place whether in Sanctuary or not 4. The time whether in day or in the night 5. The Quality of the Trespaffe 6. The Quantity appeareth in it selfe 7. The end whether the taking were in manner of distresse by a justisiable importment Or in manner of Larine By Allienation unjustifiable CHAP. IIII. SECT 13. Of Insamous Persons ALL those who are rightfull attained of an Offence whereupon corporall punishment followeth are infamous Infamous ar all those who offend mortally or Fellouously all those who are perjured in giving false witnesse All false Iudges All false Vsurours and all those who are attainted of personall trespasses to whom open pennance is joyned by enjudgment of Law Those who Imprison a Free-man against his will or blemith the credit of his Franchise by extortion or by any purchase Those who also bring attaints and cannot prove the perjury whereby honest Iurours are slandered And those who indite or Appeale a man who is innocent of
is reproveable and distinguishable according as hath been said before The Statute to have view of Lands is but a wrongfull delay of the right of the Plaintiffes for the View appeareth sufficient by the Certificate of the Summons upon what Tenements the Tenants are summoned The Statute which forbiddeth that no Officer of the Court take any presentment of any Church not other thing which is depending in Plea or in debate is not kept Reprehensions upon the Statute of Gloucesier 16. E. 1. THe Statutes to recover Damages in Pleas of possession enacted at Gloucester or else where and of the horrible damages in waste are reproveable for that the Law giveth one no more then is his demand and therefore it behooveth that the damages be mentioned in the Writs if damages shall be awarded for a Judge cannot exceed the points of his Commission and so it would be needfull to use it according to the first Ordinance of Writs And the Statute of Tenements alliened of Lands in prejudice of others is reproveable for the remedy ought to be such as of Guardians allienors to the dis-inherison of the right Heires The Statute of Trespasse pleaded in Counties is reproveable for want of distinction for small Trespasses Debts Covenants broken and such other kinds not exceeding forty shillings Suitors have power to heare and determine without Writs by warrant of jurisdiction Ordinary and by Writs granted afterwards for Sheriffes have more jurisdiction in their Writs vicontiell then Justices of the Bench by the Pone And as to the recovery of twenty shillings or more in right of Essoigne of the Kings service not warranted the Statute is reproveable for that Essoigne might be cast where the Defendant would make default by the adverse Party and so he should have advantage of his malice The Statute which forbiddeth the abatement of Appeales is not observed The Statute which awardeth an innocent man to remaine in Prison or to have no manner of punishment for necessary Man-slaughter or by mischance where no offence is found is but an abusion The Statutes making mention of London ought to extend commonly throughout the whole Realme CHAP. V. SECT 6. The reprehensions of Circumspectè agates An. 13. E. 1. THe first point which saith That the Kings prohibition holds not in correction of mortall offences where a pecuniary paine is enjoyneable by Ordinaries is founded upon open errour and usage to enjoyne a pecuniary paine for a mortall offence notwithstanding to destroy the King jurisdiction The other points to compell the Parishioners by corrections to enclose Church-yards to offer to give Mortuaries Monies for Consessions Chalices Lights Holy Vestments and other adornement of Churche are more grounded upon interest then amendment of soules and note that after that they are offered to God that they are so spirituall that they are to be expended but in Almes and spiritually for they are never to be converted to Lay uses And then if any Parishioner for the hurt of the Parson of the Church keopeth back his Tithes or stealeth them away or doth not pay them duly or fully the same is not punishable by a pecuniary paine but by a corporall punishment For the Excommunicate no pecuniall paine was to be for restitution or satisfaction no more then of a Pagan or a Jew and if they doe demand a pecuniary paine there the Kings Prohibition lyeth and much more in the demand of Pensions or of damages of Trespasse or of defamation but of Pleas of correction where one Pleades onely Pro salute anima the Kings prohibition lyeth not CHAP. V. SECT 7. THe new Statute of Debts is contrary to Law as it appeareth in the Chapter of Contracts for every imprisonment of the body of a man is an offence if not for tortious Judgement and the Law will not suffer any Obligation or vicious Contract by intermixture of offence and therefore it was to be avoided as grounded upon an offence for no honest man ought to agree to such a Contract which causeth him to offend or to be punished Againe it is contrary to the Great Charter which enacteth that no man be taken nor imprisored if not by the lawfull judgement of his Peeres or by the Law of the Land Here endeth the Mirrour of Justices of the right Lawes of Persons according to the ancient usages of England The end of the fifth Chapter and of the whole Booke FINIS THE BOOKE Called The Diversity of Courts And Their Jurisdictions Written by an unknown Author in the time of King Henry the Eighth in the French Tongue Wherein many necessary and profitable things ate contained Translated out of the French Tongue into English for the use of many By W. H. of Grays Inne Esquire Imprinted at London for Matthew Walbancke and are to be sold at his Shop at Graies Inne gate 1646. The Booke called The diversity of Courts and their Jurisdictions IT is to be understood that the King is the fountaine of Justice and to that purpose ordayneth Judges that Justice be administred to all his Subjects The King himselfe for the excellency of his Person may fit and give Judgement in all Causes personall or reall betwixt Party and Party but he cannot fit in Person in Judgement in any Cause where he himselfe is Party or where the things of his Crowne or Dignity are concerned as upon an Indictment of Treason or upon as appeale of Murder or Felony or upon an Action brought by himselfe as Formdon of Land of which the right is descended to him from a colaterall Ancester or in an Action of Debt by reason of the affection moving him to be favourable to himselfe and therefore he maketh his Iudges to sit and heare such matters in difference and to doe justice to the parties And the place where the Judges sit to minister Justice are called Courts which are of divers kinds and the Judges thereof have severall Authority Of the Court of Marshalsey ANd first the Court of Marshalsey is an ancient Court and made for the well government and ordering of the Kings house for the preservation of the King and his Servants and this Court hath its bounds within which it hath jurisdiction and not without The Iudges of this Court are the Steward and Marshall of the Kings house for in them under the King is the ordering of the houshold c. The title of the Court is Placita Corone aula Hospitii Domini Regis leat coram seneschalle mareschallo hospâ—â—â—i Domini Regis c. And this Court hath power to enquire of Treason Murder and Felony and to take Appeales of them and of Mayhem if they be done within the Virge betwixt persons who are of the Kings house And if one of the houshold Sueth another who is not of the houshold he may plead to the jurisdiction of the Court and if they will not allow of the Plea he shall have a Writ of Errour and the Iudgement shall be reversed in the Kings Bench. And if
one of the houshold sueth another of the houshold and the Plaintiffe be put from his service depending the Suit the other shall shew the same and abate the Writ but quere if it be so if in case the Defendant be removed out of service c. The Coroner of the Marshalsey shall fit with the Coroner of the Country upon the death of a man and if the Plea may be determined before the King remove out of the Virge it shall be otherwise it shall be at the Common Law The Kings Bench. THere is another Court of high Authority called the Kings Bench and the Iudges of that Court have Authority to enquire of heare and determine Pleas and things touching the Crowne as High Treason Murder Man-slaughter Robberies Felonies at the Common Law and by Statute Law Mayhems Trespasses Burglaries and all deceits and falsities whatsoever but they have not authority to hold Plea betwixt Party and Party by originall Writ but in speciall cases They have power to proceed in and determine Indictments and Presentments taken within any County within the Realme where the Kings Writ runneth if it be certified by Certiorare or be delivery under the hands of the Iustices of the Peace or other Iustices before whom the Indictments or Presentments be whether it be of Treason Felony forcible entre Ryot or any other thing against the Peace and they have Authority to reverse Iudgements given in the Common Pleas by a Writ of Errour or before Iustices of Assize and in Liberties and Franchises but not in London for a Writ of Errour of a Iudgement given before the Sheriffes of London shall be reversed before the Major in the Hustings And erronious Iudgements given before the Major in London shall be reversed at St. Martins before speciall Commissioners assigned to that purpose and thereupon a Writ of Errour shall be directed to the Major to have the Record and proceedings thereof and the Record shall be certified by the Recorder c. And it is said that if an erronious Iudgement be given in Ireland it shall be reversed in the Kings Bench by a Writ of Errour for that in Ireland the Lawes of England are used And if an erronious Iudgement be given in the Cinque Ports it shall be reversed in the Kings Bench and the Writ shall be directed to the Warden of the Cinque Ports and he shall returne the Writ and the Record c. The King may have a Formdon in the Kings Bench Debt Detinue and every other Action and a Quere impedit at his pleasure And a common Person may bring an Action of trespasse Quare vi ermis in the Kings Bench and Actions for forging of false Deeds maintenance Conspiracy Actions of deceit upon the case or supposing any falsity and deceit where the King shall have a Fine c. And note that there are some Actions upon the case which shall be sued in the Kings Bench and some not as an Action upon the case against one supposing that the Defendant hath sold Land to the Plaintiffe for a certaine summe of Money and that he covenanted to infeoffe him by such a day and not by any Deed c. Or to build a house such a day and did not doe it e. such actions shall be brought in in the same Court but there are other Actions upon the case which shall not be brought in the Kings Bench as if a Horse be stollen out of the common Inne an Action upon the case lyeth against the Hosteler but not in the Kings Bench as it is said And so it is where a man is so bounden to keepe his fire that the same hurt not his Neighbours houses c. And note that the chiefe Iustice of the Kings Bench is made by Writ and not by Patent and it is to this effect Rex dilecto fidel fuo I Fitz-Iames Saltem Quia volumus quodvos sitis capital Iusticiar noster ad placita corem nobis tenenda vobis mandamus qnod officio illi intendatis but he shall be sworne by the Chancell or of England before he take upon him his office The other Iustices of the same Court are made by Patent viz. by these words Constituimus c. unwn justitiorum nostr ad placita corum no bis tenenda habend occupand officium illud quam diu nobis placuerit And if a King maketh a Iudge to hold and enjoy the said Office by himselfe or his sufficient Deputy for life the grant is void as to the Deputy and if the grant be to him and his Assignees he cannot make an Assignee c. The Common Pleas. ANd note there is another Court called the Common Pleas which Court hath jurisdiction to hold Common Pleas as well personall Pleas as reall or any other Precipe quod reddant of Lands or Tenements c of Debt Detinue Accompt and other personall Actions and they have power to hold Plea of any of those Actions which may be brought in the Kings Bench as Actions of Maintenance Conspiracy Forgery of false Deeds and Actions upon the case and trespasse against the Peace of such Actions wherein the King ought to have a Fine and also of Attaints but they have not power to hold Pleas of Appeales of Murder Rape Felony Mayhem nor to enquire of them nor of Riots And it is said That one may Sue the Peace against another before the Iustices of the Common Pleas and if the Party be in the Hall or in the Place or within their View they may send the Warden of the Fleet to bring the party before the Iustices to finde Sureties or else commit him to the Fleet and the reason why they may so doe is that good order and the Peace be kept about the Court but the Iustices have not power to award Processe to the Sheriffe to Arrest the party to appeare in the Court where the Common Plea is but it is otherwise of the Kings Bench as it is said c. And it is said That the Iustices of the Common Pleas have jurisdiction in some things which touch the Crown and to enquire and hold Plea of some felony and also of misprision and of deceit done within the Court and within the Record thereof And if one imbesell a Pannell after the Enquest passed and Iudgement given in the Common Pleas by which the Iudgement is reversable by Errour for want of that Pannell the Iustices of the Common Pleas have power to enquire of the embeselment of the Pannell by 12. of the Officers and Atturnies of the same Court and they shall be sworn before the Iustices to enquire of that default and if they endite the embesselors they shall be Arraigned thereupon and shall be compelled to answer thereunto as other Felons c. and if they be attainted they shall forfeit their goods and chattels tamen quaere c. And if one be condemned in Debt or trespasse in the Common Pleas and he be in the Hall the Iustices
the Coroner hath the Record yet I thinke the Law is otherwise And if one be indicted for Murder and afterwards an appeale is brought against him and after Declaration the Plaintiffe is Non-suit the Appellee shall be arraigned at the Kings Suit upon the Declaration and not upon indictment as it is holden in 4. E. 4. Note that it was said by some Justices in times past That in every case where the Defendant pleadeth a matter whereby he proveth that the action doth not lye for the Plaintiffe as Bastardy or never accoupled in loyall Matrimony c. there he need not to answer to the Felony but if he pleadeth a release in Bar then he ought to plead to the Felony because it is not denyed by him that the Action once lay for the Plaintiffe for when he pleadeth to the Felony then he confesseth that the Plaintiffe is such a person who can maintaine the action yet it was said to the contrary That he shall not plead to the Felony infauorem vite where otherwise if the plea were found against him he should be attainted and the Felony not enquired of and that seemeth to be both reason and Law c. And note that when a man is found guilty for Murder or Felony c. for which he suffereth death he may pray his Booke to save him if he be a Clerke and shall have it if he can read But if that Bigamy at another time convicted be alledged against him and proved then he shall not have his Clergy And it was said That if the Ordinary refuseth a Clerke generally or specially that the Judge may compell him to accept the felon But the old Law was That if the Ordinary had refused him specially as to say Non habet vestem Clericalem non habet consuram yet the Judge might compell him to accept of him But if the Ordinary doe refuse him generally the Judge cannot compell him to accept of him because there may be some cause wherefore the Ordinary by the Law of Holy Church ought not to receive him But that opinion as it was said was altered in the time of William Hussey and his reason was That if this Judge be his Judge where the Ordinary refuseth him specially it is as great reason that he shall be his Judge where he refuseth him generally And see that those who are so attainted of Murder or of other Felonies and for such things as they shall suffer death they shall forfeit their Lands and Tenements and their goods and chattels for ever and the King shall have the Lands for a yeare and a day and then the Lords of whom the Lands are holden shall have them But he who is attainted of Treason the King shall have all his Lands as well those which are holden of other Lords as those which are holden of himselfe c. And if a man hath Land in the right of his Wife and is attainted of Felony the Land shall be forfeited for the terme of his life and it was said That if before the Attainder he and his wife were disseised and afterwards he were attainted and restored to the Kings peace yet they could not have an Assize Tamen quaere Appeale of Rape NOte also that the Appeale of Rape beginneth thus Robertus Wood nuper de A. in Comitaâ—â— Salop Clericus dict R. W. nuper de A. in comitatu predict capellanus Rector Ecclesie patochialis de A. in comitatu predict Or thus Nuper de D. in comitatu predict gent. alias dict R. S. nuper de D. in com predicto yeoman attachâ—atus fuit per corpus saum ad respendendum Alicie G. de rapiu ipsius Alicie paâ—e Dom. regis nunc fracta unde eum appellat Et sunt plegii de prosequend A. D. de C. in comit C. gentleman E. I. de M. in comitat C. yeoman c. Et unde eadem Alicia in predict persona sua instanter appellat predict R. W. de eo quod ubi predict Alicia fuit in pace dei Domini Regis nunc apud A. in predict in comit Salop 8 die mensis Maii ann Regni Dem. Regis 17. circa horam sextam post meridiem ejusdem diei ibidem venit predict S. felonicè ut felo predict domini regis nunc insideand insultu premedita contra pacem ejusdem dom regis coronam dignitatem suas die anno hora loco in comitatu predict in prefatam Aliciam ad tunc ibid. insultum fecit ipsam ad tunc ibid. de virginitate defloruit contra voluâ—tatem suant raduit carnaliter cognovit sic predict R. S. predict Aliciam modo forma predict rapuit quam cito idem felo feloniam raptum predict fecissit fugiit dictaque Alicea ipsum recenter insecuta fuit de villa in villam usque quatuor villas propinqiores ulterius quousque c. Et si idem felo felontam et rapt um predict in forma predict imposit didicere velit predict Alacia hoc parata est verificare et versus eum probare prout curia c. And if a man Sueth an Appeale of the Rape of his Wife although she be not his Wife in right but in possession yet the Appeale doth well lye as is said otherwise it is in an Appeale of murder brought by a woman of the death of her Husband for there it is a good plea that they were never lawfully coupled in Matrimony Appeale of Mayhem SEE also that the Appeale of Mayhem is as followeth viz. I. N. in propria persons sua hic instanter appellat W. de F. de eo quod cum idem quaere tali die anno fuit in pace dei et Dom. Regis nunc c apud talem villam in tali comitatu circa horam sextam c. Ibi venit predict W. vi et armis viz. baculis ut felo domini regis nunc insidâ—and et ex insulta premeditete ad tunc ibid. indiction I. insultum fecit et adâ—tunc et ibid. own quodam baculo precii c. quem predict W. in manibus suis ad tunc et ibid. tenuit predict querentem super brachium dextrum felonicè tunc purcussit per quod vene et necui brachii sui perdict restricti fuerunt ac neci et mortisicat dâ—venerunt Or cum quodam gladio vel cultello precii c. quem defendens in manibus suis ad tunc et ibid. tenuit manum dexteram vel policem manus dextere vel aliud membrum vel auriculam vel aliquam juncturam membri querentis felonicè amputavit vel oculum suum evulsit vel dentes suos anteriores fregit et deposuit Et sic idem defendens ut felo Dom. regis predict quer ad tunc et ibid. felonicè mayheymavit contra pacem dicti Dom. Regis Coronam et dignitatem suus Et si defendans hoc velit dedicere querens hoc paratus est versus
owne Purchase or of the seisin of his Ancestor or his owne seisin the taking of the Explees and the seisin thereof in the time of what King and in the time of peace and the tender of the Demy marke a good discent and in wha manner he hath right and the averment And note that the Explees ought to be of the Demesne or of the Services and in a Precipe quod reddat of the manner of Explees in Services c. and of the Demesnes in Sheep and Corne in Pasture in feeding of Cattle of Wood in selling of the Wood Gardens in selling the Apples or Grasse of Villain is in base service to his profit and in seisin of those of his blood and for a Chaplaine or findeing of poore men the Explees are alledged in Masses and Prayers c. and of a Gorge in taking of the Fish of a Mill in taking of Tole And generally a man shall alledge Explees according to the matter in demand and the nature of it And the triall in this Writ of Right may be two waies the one by the Grand Assize and the other by Battaile but if the right be to be determined by the Battaile it shall be done by Champions and not by the parzies themselves as it is said and the reason is that if any of the parties be killed Judgement of the Land cannot be given against a dead person Quaere if that be the reason or not And it was said That a man cannot have a Writ of Right of a Rent but onely of a Rent-service for that other Rents are against common right c. And see that a Writ of Right doth differ from other Writs in pleading for in a Writ of Right the Tenant ought to conclude upon the right To conclude so that he hath more right to have the Lands c. then the demandant and not to conclude Judgement of Action as the conclusion is in other Writs yet the same holdeth not in every case for if the Tenant in a Writ of Right plead a release collaterall c. without warranty there the Tenant shall conclude Judgement if Action and not otherwise as it seemeth for the demandant hath more right to the Land then the Tenant hath but by reason of the warranty the demandant shall be barred of his Action And note that in a Writ of Right upon the Triall no attaint lyeth and yet in a Writ of right of Dower an attaint lyeth which is a Writ of Right but the reason is because the Triall thereof shall not be by the Grand Assize nor by Battaile but by a Common Jury c. And note that there are divers Writs of Right a Writ of Right which is triable by Battaile or by Grand Assize as a Writ of right of Land or a Writ of Customes and Services a Quod permittat in the debet Writ of right of Advowson c. and the like And there are other Writs of the possession mixt with the right as a Writ of Escheat Cessavit rationable part c. and the like but in those no Battaile nor Grand Assize lyeth In a Writ of Customes and Services the effect thereof is the wrongfull deforcement in not doing of the Services which ought to be done to the demandant out of the Land and the Land ought to be shewed and how he holdeth by such Services and shew seisin in him or his Ancestors of Fee and Right and alledge the taking of Explees and the Averment The Articles and things which are materiall in the Writs appeare in the Writs themselves and in the booke of Novel Tales and in other bookes and therefore they need not to be here mentioned and for that cause I omit them here c. An Indictment upon the Statute of 8. H. 6. JVrator present pro Dom. rege quod cum instatuto in Parliamento Dom. nuper Regis Henriet Angliae sexti post conquestum apâ—d Westm anno Regni sui 8. tent edit inter cetera ordinatum sit quod si aliqua persona expulsa sit seu dissesita de aliquibus terris et tenementis modo forcibili aut pacisice expulsa sit et postea manu forti et armis extra teneatur contra justic pacem vel post aliquem talem ingressum aliquod feossementum seu discontinuatio aliquo modo inde factum sit ad jus possessor defraudend aut tollend quod pars in ea parte gravata habeat assissam nove dâ—sseisine aut breve de transgressâ—one versus hujus disseisttorem et si pars gravata recuperaverit per assisam vel rationem transgr et preveredictum alio modo per debitain legis formam sit compactum quod pars defendens in terras eâ— tenem vi imgressusfuit aut ea per vim post ingressum tenuerit quaerens reciperet versus defendentem dâ—nna sua ad triplicem et ulterius finem faciet Dom. Regi et redemptionem pro ut in statuto pred plenius continetur c. Quidam tamen L. C. de E. in com pred generosus snnul cum quinque personis juratoribus pred ignotis statutum illud minime ponderans die Dom. 20. die Januarii circa horam 9. post meridiem ejusdem diei anno Regni Dom. regis nunc 12. manu forti ac vi et armis viz. Baculis et cultelltis in unum messuagium unum gardinum ducent as acras terre 40. c. prati et 30. arras basvi cum pertinetii quorundum E. K. Armigeri et L. M. armigeri c. scituat jacen et existen in perochia de L. juxta T. in com pred ingressus fuit et inde ipsas E. K. et L. M. vi et armis viz. baculis et cultellis ac manu forti dissertivit Et ejus inde statum et possessionem sic per disseissinam illam habitam et obtent cum pred personis ignotis usque in crastinum diem sequentem viz. 13. diem mensis Januarii continuavit Quo quidem 13. die Januarii H. L. de M. in comitatu pred yeoman W. B. de pred Husbandman et I. C. nuper eisdem villa et comâ—tatu laborer apud L. pred in et super tenta pred una cum prefato T. C. manu forti ac vi et armis viz. baculis cultellis gladiis scutis arcubus et sagittis se assemblaverunt et eadem tenementa vi et armis pred a pred 12. die Januarii hucusque inrurius ipsius T. C. et ipsum T. pretensa tenuerunt et prefat E. K. et L. M. c. inde hucusque extra tenent in dicti Dom. Regis nunc contemptum ac contra formam statuti pred et contra pacrm dicti Dom. Regis c. When the Parties are at issue in their Actions the common Triall thereof in our Law is by Verdict of 12. men who shall be sworne upon the Booke to speake the truth according to their conscience And sometimes the matter shall be tried by the
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
when they may and know to whom they doe belong Into this offence fall all those who take wrongfull or outragious Tole in Markets Ciries Boroughs Townes Mills or elsewhere and those who take pavage murage chinniage carriage or other manner of Customes more then they ought to doe Into this offence fall those Bailiffes who doe enquire in Turnes and viewes of Franck-pledges of more Articles then of personall offences of wrongs done to the King and his Crown and of wrongs done to the common people those who by extortion take monies or Fines for Beaupleader or for which the Jurours are not charged and those who amerce any of their owne heads without reasonable affirment of the people sworne thereunto Into this offence fall those who unjustly distraine and those who sell distresses for the Kings debt within the 15. daies Into this offence fall all those Officers of the Exchequer and others who forbid to make Acquittances under the Exchequer Seale to every one for so much as he hath paid and who oftner then once cause a debt to be leavied who to take Rewards whereby the Townes doe not in due manner according to the Constitution of Winchester or who suffer that the people be not surnished with Armes according to Common appointment Into this offence fall all stealers of others Venison and of Fish in Ponds and of Conies Hares Pheasants Partriges being in Warrens otherfowl Doves and Swans of the Eires of all manner of birds Into this offence fall all the Sheriffs Bailiffes and other the Kings Officers who unjustifiable by extortions take money of the people as for defaults unjustifiable or for sheaves or other Custome unalowable or for Plea whereof the Judge hath no jurisdiction and those who take mony to put men out of Pannells of Juries and put others in Into this offence fall all those who take Lands Tenements Horses or other things and use them beyond the appointed for the loane of them and those who by the authority of their Bailiffes make unjustifiable Collections for monies or other provisions or Corne in Sheaves for Scottalls or other Feastivalls or doe to the people other unlawfull grievance in the like case And those sworn Officers who cause Fines or Amercements or other mâ—nner of duty to be oftentimes leavied upon one man without making restitution and those officers who take of other then of the King or of their Lords to doe their Office and those who oftner then twice in the yeere hold Sheriffes Turnes or who oftner then once in the yeere hold views of Frank-pledges in one Court and those who by unjustifiable Articles amerce the people and those who at Mills or Markets take outragious Tole and those who amerce the people by Presentments not made by the whole Decenry or by others then of Free-men Into this offence fall they who doe any thing upon another Inheritance by evill covetousnesse or for hatred Into this offence fall Counters who take outragious Sallary or not deserved or who are attainted of ill defence or of other discontinuance and those who deny their Seales in Judgement and those who make Contracts which are forbidden Into this offence sall Usurers who lend mony or other things through covetousnesse to take the forfeiture And those who rob or steale the Marriages of others or run away with others Wives or villaines with the goods of others And all Fore-stallers by whom Victuals or Cattell are made deare They are Fore-stallers who within any Towne or Franchise buy to engrosse and unlawfnlly to sell more deare and those Butchers who sell unwholsome flesh for wholsome and those Fish-mongers who buy and sellagainst the established Law and all those of what Mysteries soever they be who doe deceitfully in their trade or Mysteries CHAP. 1. SECT 11. Of Hamsockne or Burglary BUrglary by an ancient Ordinance is a mortall offence for the Law is That every one be at peace in his owne house This offence is not done only by breaking of a house but is also done by a fellonious assault of Enemies in time of peace upon those who are in their houses with intent to repose there in peace whether the assault be to kill or to reb or to beat those who are in rest within their houses And although it be that these offenders doe not accomplish their purpose if neverthelesse they make any breaking by their assault of the doores windowes or walkes to enter felloneously they are guilty of this crime Into this offence fall all those who felloniously force their entry into anothers house and therein doe any violence against the peace although they doe not break the house and that as well in the day time as the night and those who diffeise the people in such case or cast them our of their houses and out of their peaceable possessions wrongfully CHAP. 1. SECT 12. RApe is done two waies that is to say of things and of Women This offence is here put because King E. 1. by his Statute made it mortall which is more grounded upon the will then upon diseretion for one fortis Whoredome another Fornication another Adultery another Incest and another Rape but to speake properly we are to distinguish of the offences whereof the first offence is greater then the other Whoredome is the deslouring of a married woman felloniously Fornication is to ravish women not Married Adultery is to ravish anothers wife Incest is to ravish Cousens Parents or Affines Rape is properly the taking away of a woman for the desire of Marriage Rape neverthelesse according to the meaning of the Statute is taken for one proper word given for every enforcement of a woman of what condition soever she be CHAP. 1. SECT 13. Of the Office of the Coroners TO Coroners anciently were enjoyned the keeping of the Pleas of the Crown which extend now but to Fellonies and Adventures There are 2 kinds of Coroners Generall and Speciall To the Office of generall Coroners it belongeth to receive the Appeales of all the County of Fellonies done within the yeere to award the Exigents of Contempts and to pronounce the Judgements of Out-lawries and more to enquire in what Pledge they were or Decenery or of whom Mainprized and in whose Ward Speciall Coroners are Coroners of Liberties and of priviledged places To the Office of the one and the other it doth belong to view the Carcases of the dead by Felony or by mischance or to see the burnings and the wounds and the other fellonies that is to say every one in his Bailiwick and to see Treasure totheâ— and Wreaks of the sea and to take the acknowledgements of Felony and to give the Abjuration to flyers to sanctuary and to take the Enquests of Felonies hapning within their Bailiwicks As to the view of the Carcase of the body of a man it is his office that so soone as he shall be certified thereof to send to the Hundred of the place to summon sufficient able men of the
grace Some became Free by the Pope as it is of those villains who by Bishops are ordained into Orders of Deacon and above but norwithstanding the same a man shall not lose his right thereby who will sue for them On the other part villains become Freemen if their Lords grant or give unto them any free estate of Inheritance to discend to their Heires or if the Lord take their Homage for their land or if the Lord eject them out of their Fees and give them sustinance or if he put them in a common Prison if it be not for crime A woman after she is put in possession by her Lord is never againe to be challenged as a Neife notwithstanding she be sold And if the Lord suffer his Villaine to Answer in Judgement without him in a personall Action or to be a Jurour amongst Free-men as a Free-man knowingly and without the Lords claime the Villaine hath this Plea to the Villinage if he returne not of his owne accord Also a Villaine becomes free through the Lords default in a Writ of Native Habendo as by his Non-suit in the Writ Also by proofe of a free Stocke or to have been borne of free Parents Also by the Lords grant in Court and also by prescription also for default of proofe and also by the Lords negligence as by the remaining of the Villaine within a City or upon the Kings Demesnes for a whole yeare Or if wittingly he suffer his Villaine to be a Suiter in another Court or to be sworne in Assize or elsewhere amongst Free-men if a Villaine depart from his Lord claiming free estate so that he cannot seise him within the Mannour within the yeare or out of his Fee nor after his Writ of Nativo Habend brought it belongeth to the Lord that he bring againe that Action which is ViceCountiel and pleadable in the County by Summons and Distresses of his Lands for the Law requireth that he doe right and use not force The Parties being brought to Judgement in the County Court and the Action being declared in the Defendant by way of exception may plead that he is Franck and because that a free estate is of a higher nature then Villinage therefore because the Sheriffe hath not power to try so high a Plea by the Writ of Nativo Hebendo those Writs and such Pleas are suspendable till the comming of the Justices in Eyre into those parts but if the King Command not to the contrary those Pleas are not adjournable but from one County Court to another Note that all Villaines are not slaves for slaves are said Regardant as before they can purchase nothing but to the Lords use they know not in the Evening what serâ—ice they shall doe in the Morning nor any certainty of their services the Lords may fetter imprison beat or chasâ—â—se those at their pleasure saving to them their â—ives and members these may nor fly or run from their Lords so long as they finde them wherewith to live nor is it law full for others to receive them without their Lords consent those can have no manner of Action against any man without their Lords but in case of Felony and if those slaves hold Lands of their Lords it is intended that they hold them from day to day at their Lords will and not by any certaine services Villaines are Tillers of Lands Note by Villaines in this place is meant Copy-hol-ders dwelling in Upland Villages for of Vill commeth Villaine of Burough Burgesse and of City Citizen and of Villaines mention is made in the Great Charter of Liberties where it is said that a Villaine be not so grievously amerced that his Tillage be not saved to him but the Statute maketh no mention of slaves because they have nothing of their owne to lose And of Villaines are their Tillages called Villinages Copy-hold called Copy holders And note that those who are free and quit of all servitude become servile by Contracts made berwixt the Lords and the Tenants And there are many manners of Contracts of Fees as of Gift of Rent of Exchange and Lease which all may make for a time or for ever and quitment without Obligation and charge of service and with charge And these Contracts as all other are made by Writings Charters and Minuments by solemne Witnesses according to the example of Contracts of Marriages which ought to be a patterne to all other Contracts according to which Example were the first Contracts made by the first Conquerour when the Earles were enfeoffed of the Earldomes Barons of the Baronies Knights of Knights Fees Serjeants of Serjanties Villaines of Villinages Butgesses and Merchants of Boroughs whereof some received their Lands without Obligation or service or in Frankalmoigne some to hold by Homage and by Service for defence of the Realme and some by Villaine Customes as to Plough the Lords Lands to Reape cut and carry his Corne or Hay or such manner of service without giving of any wages whereof many Fines were leavied of such services which make mention of the doing of these base services as well as of other more gentile services and although it be so that the people have no Charters Deeds nor Minuments of their Lands neverthelesse if they were ejected or put out of their Possessions wrongfully by bringing an Assize of Novell Disseisin they might be restored to their estates as before because they could averre that they knew the certainty of their services and workes by the yeare as those whose Ancestours before them were Asteries for a long time in case Disseisors were not their Lords And thereupon Sr. Edward in his time Doom-day Booke Vt credo caused enquity to be made of all such who held did to him such services as ploughing his Lands c. besides their lawfull Customes And afterwards the people lesse fearing to offend then they ought many of these Villaines by wrongfull Distresses were forced to doe their Lord the service of Rechat of blood and many other voluntary Customes to bring them in servitude under their power for which their remedy was a Writ of Ne investoè vexes CHAP. II. SECT 29. Of Summons THis Chapter maketh mention of speciall Summons to make a difference from generall Summons where all Freeholders and others ought to come according to the nature of the Cry whereof and every one may Summon by a Common Cry but of this Summons this Chapter maketh not mention A speciall Summons is a friendly admonition of an amendment of an offence or wrong and because none is tyed to Answer to any Action reall or mixt before a Summons therefore it is to see 1 Who have Authority to Summon 2 Who are Summonable 3 In what place he is Summonable 4 How farre one is Summonable 5 At whose Charges 6 How often 7 Who may be Summonors 8 What is a reasonable Summons 1 All who have Jurisdiction have Authority to Summon 2 All those who are not forbidden by Law are
for a yeare or of sicknesse in the Journey and that holds not but to the example of a common Essoigne in these Essoignes of hinderance are Essoignes De malo veniendi This Essoigne lyeth after every Summons and generall Râ—-summons upon Pleas except to Jurours and those who are summoned for the common-wealth But of Adjournments it is to distinguish for in the Eyre of Justices the Adjournement is for three daies or foure at the most or lesse according as the places are â—eare or containe and to this Essoigne is respited fifteen daies at the least The Essoigne of sicknesse in passage lyeth before the Essoigne De malo lecti and also after the yeare of the languishing and it lyeth before appearance and after appearance except in foure Assizes and where it lyeth in Actions it holdeth in Warranties This common Essoigne is not allowable in the cases aforesaid but once after the Parties have joyned issue not after the Parties have agreed to appeare without Essoigne nor where a Bishop is commanded that he have or cause such a Person to appeare nor there where many claime by one right or are Tenants of the same right nor to a man and his Wife not to all the paeceners but if a man dyeth without Heire after the Writ purchased and brought the Writ is thereby abateable because at the day of the date the Plaintiffe had no Action against the other parceners which are alive as to that of the Party This common Essoigne lyeth as well for Infants where they are impleaded of their Lands as for men of full age And as the same is allowed to the Tenant so is it warranted where no sicknesse is adjudged this Essoigne is allowable from day to day according to the common Adjournments in Writs of right till the sicknesse be Judged if the Tenant rise not before from his sicknesse neverthelesse none can doe it in such a case if not with the Plaintiffes leave or by the command of the King if the Plaintiffe will not give him leave This Essoigne holdeth in the Writ of Droit Potent sent to the Lord of the Mannour and in a Writ of Droit close of Lands holden of the Kings in Capite and in the Writ of Customes and Services after that the deforceor hath pleaded and said that the Batraile or the Grand Assize may be joyned The Essoigne De malo Lecti is in Court for two yeares when the sicknesse turnes to weaknesse this Essoinge lyeth not for the Plaintiffe and after the sicknesse adjudged it is adjournable by a yeare of respite to the Court of London Weakenesse lyeth not in any Writ of right after appearance but where Battaile may be joyned or the Grand Assize This Essoigne De malo Lecti was never allowable to any Atturney nor to any but those who had a Warrant before the common Essoigne cast by the Tenant nor to any after the weakenesse adjudged nor without â—â—sing nor in Justiâ—â—es nor in the Writs De quo jure nor De rationabilibus divisis nor Quo warranto nor Customes and Services before that the Court be certified that Battaile might be joyned or the grand Assize This Essoigne of De malo veniendi is called De malo villa and this lyeth in case where one appeareth the first day in Judgement and is suddenly taken with sicknesse in the Town that he cannot the next day appeare in Court This Essoigne may be cast the second day by one the third day by another and the fourth day by a third in which case the Judge ought to receive the Atturnies of those who are sicke but this Essoigne lyeth not but there where the Essoigne De molo lecti lyeth CHAP. II. SECT 31. Of Atturnies BEfore a Plea put into Court by Essoignes by Attachment or by appearance of the Parties none is to be received by Atturney no more then a Plea is removeable out of Court into a higher Court where the Plaint or the Writ is not brought nor any is to be received by Atturney in a Plea which was nor in a Plea which shall be but onely in a Plea which is Pendant in the County Court or else-where or is brought by the Kings Writ and this Plea be afterwards removed into a higher Court. By this removing the Atturney is not removed for no Atturney is removeable unlesse he whose Atturney is come into the Court in proper person and remove him if not in case where one hath generall Atturnies for generall Atturnies may appoint speciall and remove them nor any can receive Atturnies after the Plea brought but the King or other warranted by a speciall Writ if not in the presence of the parties All may be Atturnies which the Law will permit Women may not be Atturnies nor Infants nor Villaines nor any who are in Custody or any other who is not free of himselfe nor any who is criminous nor any who are not sworne to the King nor any in any personall Action nor in an Accompt nor in Nativo habendo Plaintiffes notwithstanding they have Atturnies in personall Actions are not to appeare not answer in Judgement by no Atturney but he disseiseth his Clyent when he doth it The Contents of the Third Chapter OF Exceptions What is Exception and the division and order of excepting Exceptions Dillatories Of Exception of Clergy Exception of Bigamy Exception of the power of the Judge Exception of time Exception of place Exception to the person of the Plaintiffe Exception of Prison and of Ward Exception of Summons Exception of vicious Counts Exception of Approvers Excedtion to Indictments Pleas to Treason Pleas to Bâ—â—ning Pleas to Murder To Larcine To Burglary Of Rape Of imprisonment Of Mayhem and â—ounding Juramentum Duelli The order of Battaile Exception of Personall Trespasse Of Purprestures Of Treasontrove Of Wrecks Of Vsury Of Driving Of Obligation Of Attaint Of Oathes Homage Fealty annexed to Homage Common Oathes Of finall Accords CHAP. III. CHAP. III. Sect. 1. Of Exceptions IT behoveth the Defendant to Answer the Plaintiffes Declaration and because the people commonly know not all the Exceptions in Pleadings Countors are necessary who know how to advance and defend their Clyents Causes according to the rules of Law and the Costoms of the Realm and the more needfull are they to defend them in Indictments and Appeales of Felony then in personall or veniall Causes and the better to helpe our memory which every day inclineth to forgetsulnesse it is necessary to shew what is an Exception and the division of it and the order of Excepting or Pleading for some account them guilty who Plead not or Plead ill or not sufficiently for example If any one Vouch one to warranty and Judgement passe if he tell not the yeare or before what Judges the Judgement passed it is as if he had said nothing and so of other Cases and although a Plea be requisire neverthelesse every one is not received to plead for some are admitted to Plead without Tutors
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
realls And if any one receive a Felon wittingly into his Franchise the same is now challengable CHAP. IV. SECT 17. Of satisfaction of Debt IF a Plaintiffe recover against many by Iudgement he shall have but once damages as in this case If many Persons owe one Debt and every one be bound in the whole if one of them make agrement for the same although he doe not make a speciall agreement for all the Debtors all of them neverthelesse are discharged because satisfaction hath respect to the Debt and not to the persons CHAP. IV. SECT 18. Cases of Disseisin IF the Iurours in Petit Assizes are agreed that one shall give their common Verdict for all and if they say that they know nothing nor that the Plaintiffe shall receive nothing because he proved not his Action and if they be of divers opinions they are not therefore to be threatned nor imprisoned but they are to be severed and diligently examined And if two Iurours be found to agree amongst all the rest it sufficeth for him for whom they speake and they are not to be examined upon the title of the possession but it is sufficient for the Iudge to know if the Plaintiffe were disseised of his Land whether it were rightfull or wrongfull according to the Plaint for though it were right neverthelesse it was tortious because the Tenant used force where he should have used Iudgement and for that he made himselfe a Iudge therein Iudgement is to be given for the Plaintiffe so as he shall recover seisin such as it is saving every right by another Writ for an Affize lyeth not upon Assize of the same Tenement betwixt the same parties not an Attaint upon an Attaint and if the Iurours for him whether they were sworn upon the Action or upon the Exceptions Iudgement goes for him and they behoove to enquire of the others named in the Writ and if the Disseisors came in with force and Armes although they hurt no persons body all of them neverthelesse are to be adjudged to Corporall punishment according to the quantity of the offence and if they cast him our of his dwelling house or out of his Demesne the felony of this Burglary is punishable at the Kings Suit or at the Suit of the Party for none is to be cast out of his house where he dwelleth and which he hath used as his owne for a yeare without Iudgement although he hath no title thereunto but by Disseisin or intrusion and it sufficeth for fotce and Armes onely the shewing of Armes for to hurt the Adversaries and under the name of Armes are contained Bâ—wes Artowes Sawes Launces Speeres Staves Swords and Targets of Iron The Iury ought to enquire of the damages that is to say of the profits of the Tenements done since the Disseisin and to whose hands such profits after came and of the Charges Costs and reasonable expences which the Plaintiffe hath sustayned in his whole recovery and in all things and how much he is endamaged in distresse of his goods and in his honour and the damages being assessed it is to be awarded that the Plaintiffs recover his seisin such as it is according to the view of the Recognitors and the damages and the Disseisors are punishable according to the points of the offences For the goods found in the Tenements whereof none can know the value as Charter Writings Royall Treasure and such things locked up the Plaintiffe hath an Action by Appeale of Robbery or by a Writ of Trespasse In Iudgement of â—atcine veniable satisfaction is to be made to the 〈◊〉 inâ—ffes to the double of the value of 〈…〉 which are stolen and in case of 〈…〉 the value 4 double or foure 〈…〉 CHAP. IV. SECT 25. Of Amercements A Pecuniary paine we call an Amercement which follow reall offenders and mâ—â—t and sometimes are certaine and sometimes uncertaine An Amercement is certaine sometimes according to the dignity of the Persons as it is of Earles and Barons for he who holdeth an entire Earldoine is to be amerced one hundred pound when he is least amerced And a Baron for a Barony entire one hundred Markes and he who holdeth lesse lesse and more more according to the quantity of the Tenure And sometime by a certaine Assize in another case as it is of Escapes of people imprisoned in which case yee are to distinguish of the place as where one escapeth out of the Kings Prison or out of the Prison of another out of the Kings Prison yee are to distinguish of the cause whether it be mortall or veniall and if mortall then distinguish if the cause were adjudged or not and if adjudged by norory of fact or of right then the Corporall punishment is uncertaine for if the Keeper or more be assenting to the escape punishment of death followeth thereupon and if the cause was not adjudged and the Keeper was not the Kings Officer nor assented to the escape then the Assize of punishment is so many Shillings sterling or more according to the usage of the Country or of the place or of the person And if the Cause he veniall then the escape is not punishable And if the escape be from the prison of others then yee are to distinguâ—sh of the cause and of the caption whether the cause be mortall or veniall and if mortall then the pecuniary paine aforesaid holdeth place and if the cause be veniall there is no punishment for the escape CHAP. IV. SECT 26. Of Amercements taxable COmmon Amercements are Taxable by the Oathes and Aâ—â—erments of the Peeres of those who sal in misere cordia according to the constitution of the Charter of Franchises which willeth that a Free-man be assessed when he falleth into an Amercement according to the quantity of his offence a Merchant saving to hâ—â— his Merchandize and a Viâ—â—aine saving his Wainage and these Affâ—rrors are to be chosen by the assent of the Parties if they will but the Kings Officers are the more grievonsly to be Amerced for the breach of their faith c. Many cases there are where Corporall punishments are brought in by Fines of money and such are called Ransomes which is as much as to say Redemption from Corporall paines whereof some Fines are common as for Murders other for personall Trespasses of Townes and Commonalties which Fines King Edward Ordained that they should be assessed in the presence of the Justices so as the names of them be put into the Roles of the Iustices so that the Estreates may come to the Sheriffe to leavie the same by parcells and not by totall Summons And in case where one recovereth Debt or Damages King Edward enacted that it should be in the election of them to doe execution by leavying such Debt and damages of the moveable goods of the Debtors at the very value to the value of the thing in demand except the Oxen and Beasts of the Plow together with the moyety of Lands and Tenements of the Debtors if
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
time in case where the right Heires fly from their Lords or cannot or will not doe their homage In the points of Wards it is defective for as much as no difference is expressed between the heires Males and the heires Females for a woman hath her age when she is fully of fourteen yeares and the seaven yeares besides were not ordained first but for the Males who before the age of one and twenty yeares were not sufficient to beare Armes for the defence of the Realme And note that every Guardian is chargeable to three things 1 That he mainetaine the infant sufficiently 2 That he maintaine his rights and inheritance without waste 3. That he answer and give satisfaction of the Trespasses done by the infants The defect of the point of Disparagements appeareth amorgst the Statutes of Merton And the default of Franckbenches and Widowes in the same manner in which point it is sufficiently expressed that no woman is dowable if she have not been sollemnly espoused at the doore of the Monastery and there endowed In the point which requireth that the City of London have its ancient Liberties and her free Customes it is to be interpreted in this manner That the Citizens have their Liberties whereof they are inherited by lawfull Title of the gifts and confirmations of Kings which they have not forfeised by any abuse and that they may have their Liberties and Customes which are sufferable by Law and not repugnant to the Law And where it is said of London that the interpretation be as well of the Cinque Ports and of other places The point which forbiddeth tortious Distresses for Fees is Covenable in it selfe but the same shal not grieve any man of the Realme who hath Tenements that it is no Trespasse in him or by his Ministers as appeareth in the Chapter of Nativo habendo The point which forbiddeth that Common Pleas follow not our Court is to be interpreted in this manner That the people shall not travail to Sue in the Kings Household in the Country as they used to doe But this point willeth that the Plaintiffes have Commissions to Sheriffes to Lords of Mannours and to Justices assigned so that right be done to the parties in certaine places where the Parties and Jurours may be the lesse travailed Although it be that the Chapter command that Petit Assizes be taken in their Counties being made for the ease of Jurors yet it is disused in as much as the Justices make the Jurours to come from the furthest marches of the Counties whereas it were better that the Justices Rod from Hundred to Hundred then so to travaile the people The point of Amercements is misused by Iustices Sheriffes Bayliffes Stewards Cap. 14. and others who amerce the people in certaine in this manner putting such a one to so much for a Contempt or other Trespasse withont a personall Trespasse and without the afferment of the people sworn to it and without specifying the manner and the quality of the Contempt Againe where the Afferrours ought to be chosen with the assent of those who are amerced and in a common place the Lords make the Afferrours to come to their houses to asser the Amercements according to their pleasures The point which forbiddeth that Rivers be defended is dis-used Cap. 16. for many Rivers are now appropriate and gotten and so put in defence which used to be common to Fish in in the time of King Hen. 1. Cap. 17. The Chapter which forbiddeth that Sheriffes Constables Coroners nor Bayliffes shall hold Pleas of the Crowne seemeth not needfull for appeales of felony are not here to be brought before Coroners and the exigents and Iudgements pronounced and therefore this point had need to have had more words to have expressed the meaning of it For the end of the Chapter of the moveable good of the dead it appeareth that the Action accrueth to the Widowes and to the Children to demand their reasonable parts of the goods of their Father taken away That which is forbidden to Constables to take is forbidden to all men Cap. 19 20. in as much as there is no difference betwixt taking from another against his will and liberty whether it be Horses Victuals Merchandizes Carriages or other manner of goods The Chapter for holding the Lands of Felons for a yeare and a day is out of nse for whereas the King ought not to have the wast by Law or but the yeare in the â—â—ame of Fine for safeguard of the land from spoile the Kings Oâ—â—cers take both The defence of the Precipe is not holden in that they doe it without Writs of possession of Farmes every day that the Lords lose the Cognizance of their Fees and the advantages of their Courts The point which commands that one Measure be throughout the whole Realm and one Weight is dis-used by Merchants and Burgesses using for the pound the old Weight of twenty shillings of right Assize and also of Ells and other measures The defence which is made of the Writ De odio atia that the King be not Chancellor nor take any thing for granted the VVrit ought to extend to all remedial VVrits and the same VVrit ought not extend onely to the felonies of Murder but it ought to extend to all felonies and not onely in Appeales but in Endictments The point which forbiddeth that no Bayliffe put a Free-man to his Oath without Suit is to be understood in this manner That no Justice no Minister of the King nor other Steward nor Bayliffe have power to make a Free-man make Oath without the Kings Command nor receive any plaint without Witnesses present who testifie the plaint to be true The point where the King granteth that he will not disseise nor imprison nor destroy but by lawfull Iudgement which overthrows the Statute of Merchants and other Statutes is to be interpreted thus that none be arrested if not by warrant grounded upon a personal Action for if the Action be veniall no Imprisonment is justifiable if not for default of Maine-pernors And so it appeareth that none is imprisonable for Debt And if any Statute be made repugnant to this point either for the Kings Debt or for the Debt of any other it is not to be kept That none be Outlawed is to be meant if not for mortall felony from which one is saved by the Oath of Neighbours ex officio as it is the use in Eyres and therefore that destroyeth the Statute of Outlawry of a man for arrerages of Accompt and all other the like Statutes and that which is said that none be exiled nor destroyed is to be interpreted in this manner that every one have an Action to appeale all Persons all Suitors all Assessors who destroy men against the right course and against the rules of Law On the other part where the King forbideth that none be disseised of his Freehold of his Liberties or of his free Customes is thus to be
a personall Trespasse and requireth a personall punishment and not a simple Amercement CHAP. V. SECT 4. Articles upon the Statute of Westminster the first MAny Chapters are reproveable of the Statute of Westminster For the points touching religious Persons are matter to gaine monies and a purchase upon a foundation of covetousnesse more then for their advantage The Chapter of Clerkes found guilty of felony is reproveable for for want of addition of punishment these Clerkes are not to be delivered to Ordinaries but at the pleasure of the King and of his Justices The Chapter of Wreck is reproveable in as much as the finder is forjudged by the Statute to have part thereof whereas he ought to have part of the profit and so it is reproveable as to the awarding of the punishment Of the points of Amercements is before spoken in the Great Charter The point of takings of distresse is much reproveable Cap. 9. as before is said The Chapter concerning pursuing of Felons to maintaine the Peace is reproveable in the punishment for he is consenting to a Felon who doth not apprehend him when he may In the same manner is it of the Chapter of Coroners contained in the Articles following The point of Election of Coroners was not needfull to have been ordained Cap. â— for it behoveth more the Electors to have wise and loyall Coroners then to the King and it had better have been enacted that the Coroners doe present the points of their Office under the Seales of the Jurours then Sheriffes should make counter parts of the Rolls The point of Enquest of Odio aria is reproveable Cap. 12. for London and other places in Liberties where there are no Knights The point of putting people found guilty of felony who will not put themselves upon the Country to pennance it is out of use that one kill them without having regard to the conditions of the Persons and therein it is reproveable since one may perhaps helpe and acquit himselfe otherwaies then by his Country and in as much as none is to be put to Pennance before he be attainted of the offence for which he ought to be pained The Ordinances of punishments of long imprisonment are to be reprehended as before is said The point of the order of Outlawry of the principalls before the Accessories is no Statute but a revocation of errour The point of Replevisalls is reproveable according as it is said of Actions the punishment of long imprisonment containe Errour as is said before The punishment of Heites males Married as against the King without the consent of their Lords betwixt 14. yeares and 21. yeares is reproveable for then the King should have amends for that for which he hath not any personall Suit for the amends The point of Heires females containeth Errour as appeareth in the reprehension of the point of Marriages in the Great Charter The point of tortious Distresses ought to contain the punishment for the robbery The punishment of Ministers Disseisors by colour of their Office is reproveable for the smalnesse of it as appeareth amongst the Judgements The point which forbiddeth Sheriffes that they take no rewards is reproveable in as much as the King taketh of them and they take nothing of the King The point of Fines of Clerkes and the officers of Justices in Eyre is reproveable for the common grievance of the people without taking of profit The points of imprisonment are reproveable for the reasons aforesaid and the point of Tolls for the punishment of imprisonment and because Tolls are not established certaine The point which willeth that those who dis-use Marriages should lose them was not needfull to have been made for the Law is that he shall lose his Franchise who useth it not The point of the Receivers of the Kings monies and not rendring the same is reproveable for the smallnesse of the punishment according to that which appeareth before The Errours of taking of Carriages and other goods appeareth sufficiently by the reasons before The point which forbiddeth Judgement to be given by Strangers in Counties is reproveable for no Iudgement given by another then an ordinary Judge assigned is to hold The point which maketh mention of Robbery or Disseisins is reproveable for all those are to be seised upon who the Jurours indict of Robbery according to the example of Theeves and other Felons The point of Attaint is reproveable for it should not extend to one case but it ought to comprchend all Oathes taken by twelve men if one of the Parties complaine thereof The point of limitations of Actions is reproveable for the reasons in the Chapter given upon the same matter The point which forbiddeth falsities and abuses used in Courts before this time to false Judges who used not the Law by sufferance of falsities The point of Champions is reproveable for no Champion is to be receiveable as a witnesse The point of not allowing Essoignes in Assizes after appearance is reproveable by the Assize of Novel disseisin where no Essoigne is allowable for the Tenants no more before appearance then after not in no other personall Action The other points of Essoignes are reproveable for no false cause of Essoigne ought to advantage any man The point of delaies in Pleas of Attachment is reproveable in many points accordingas appearethin the chapter of defaults The point to plead upon the surcharge falleth in prejudice of Sheriffes and of Lords of Fees and of Liberties and although the two points of Disseisins that is to say that every one may avoid the damages in the point of personall trespasse done to his Ancesters in as much as his Action lyeth of what age soever the Parties be yet is the first reproveable for as much as the Plaintiffes have no recovery for the damages done to their Ancestors not any Action but to have restitution of the possession The other point is reproveable for the smallnesse of the punishment but according to common right this punishment should have time that he should never doe Homage betwixt them for the Lords forfeiture when he beginneth to dis-inherite his Tenant contrary to the right of Homage The Prayer of the King is reproveable because he ought to aske nothing contrary to Law but it is the prayer of the Justices who desire alwaies to have much to doe The point that if he who is vouched to warranty ought not to warrant although he be bounden by the deed of his Ancestor whose Heire he is in case he alledge that nothing descended to him from that Ancestor by whose deed he is â—ouched is reproveable for according to the old Law Lands remained liable to the Debt of those who acknowledged it to whose hands soever the Lands afterwards came In the same manner it used to be in all other Contracts where the Contracts were adjudged or granted and although nothing descended to the Heire for that he lost not the Tenements for want of Acquittance and if
Bishop and not by Verdict of 12. men as generall Bastardy alledged in any of the parties it shall be certified by the Bishop and in a Quaere impedit if the issue be joyned upon the institution it shall be tryed by the Bishop for the same is in a manner a spirituall thing But induction shall be tryed by Jury and also in a Quare impedit if issue be taken upon Plenary it shall be tryed by the Bishop but whether the Church be void or not void shall be tryed by the Jury And if the Parties be at issue in a quare impedit upon the ability of the Person whether he were sufficiently learned or not it shall be tryed by the Bishop during the life of the Clerke but if the Clerke be dead it shall be tryed by Jury And it is said That if Bastardy or other the like thing be alledged upon a thing which is not but dillatory it shall be remanded to the Bishop to be tryed c. And a man in an Action of Debt brought against him upon a Contract may wage his Law to sweare upon a Booke that he oweth not the Plaintiffe the money which he demandeth nor any penny thereof and he ought to have with him 11. more to sweare with him that they beleeve in their Conscience that he sayeth truth and so he shall be discharged but if the Action be brought upon any specialty or upon matter of Record or upon a thing touching Land c. he shall not help himselfe in that manner but shall put the same upon the tryall of the Jury but he himselfe shall not be admitted to sweare c. And note that an Oath ought to have three Companions Truth Justice and Judgement and if they be wanting it is no Oath but a Perjury for if a man be forced by constraint to sweare that for many yeares he quiely held such Lands c. it is Perjury not in him who sweareth but in him who compelleth him to sweare Reum non facit nist mens sit rea Nemo se circumveniat aut seducat Qui per lapidemfalse jur at perjurus est Quacunque arte verborum jur at aliquis Deus ita accipit sicut ille qui jur at intelligit Et minus malum est per Deum falsum jur are veraciter quam per Deum verum jur are fallaciter Quanto enim id per quod juratur est magis sanctum tanto magis est penals perjurium c. FINIS The Table A ABusions of the Common Law from 124. to 151 Accords finall 171 Accompt 155 Acquittance 155 Accessories 42 Action 58.89.182,183 Afferment nnd afferrors 49 Allienations 11.14 Amercements 90.218,219 Approvers 61.142,143 Appeales and Appealers 48.61.69.303 to 316 Articles of the Coroners Enquest 40.41 Articles in the Leet 53 Articles in Eyre 211 Assize of Novell Disseisin 94,95,96,97,98 Attaints 166,167 Attachments 66 Atturnies 97.124 B BAyle 73 Barons of the Exchequer 49 Beaupleader 34 Battaile 141.157,158,159 Bigamy 132 Burning and Burners 16.78.146.193 Burglary 36.43.79.148 C. CEnturies and Centiners 5 Circuits 62 Charters Deeds Minuments 154 Clergie 131 Clerks 131 Champion 186,187,188 Chauncery 293 Cinque-Ports 297 Combets and Combattors 157 Contract 104,105 to 108 Contempts and Contumacies 76 Coroners 7.287 Courts 10.50 Court Baron 299 Common Pleas. 290,291 Countors or Pleaders 65 Coyne 10 Counsans 131 Copy-holds and Copy-holders 113.156 D. DEfaults 180,181 Defects of Magna Charta from 251. to 260 Divination and Diviners 17 Dillatory Pleas. 130 Disseisins 93,94.153.215 Distresse and Distresses 95.99.100.101 102,103,147 Doomesday Booke 114 Dower 11 E. EArles 5 Earldome 96 England 3 Englishire 47 Escape 73 Essoignes and Essoigners 117. to 124 Exchequer 9.49.296 Exceptions 128 Order of them 129 Exceptions of time persons and place 137 138 F. FAires and Markets 14 Falsifying 23.75 False Latine 152 Festivalldaies 136 Forfeiture 44 Franchises 163.213 G. GOale and Goalers 72 Grand and Petit Assize 93 H. HEresie 16 Homage and Fealty 169.170 Hunting 165 Hue and Cry 10.67 I. INformers 64 Imprisonment 82.149 Indictments 84,85,86.143.227 317. to 323 Jurours 43 Judges and Judgement 59.64.133,134 135.207.172,173.287,288,289 Judgement of death 203 Jurisdiction 7.177,178,179 Justices in Eyre 209 Infamous persons 192 K. KIng 3 Kings Bench. 287 Knights Fees 11 L. LAw 1 Larcine 31,32,33,34,35.79.147 M. MAjesty 16.74.193 Mainprisors 71 Mainpernors 184 Marshalsey 288 Manslaughter 26.28 Mayhem 82.149 Merchants 15 Misadventures 42 Misnosmer 152 Murder 47.79.146.194 to 202. N. NAtivo habendo 112 Neifty 109. 181 Ne injuste vexes 115 O. OAths 169 170. 325 Oath of the King 3 Oath of Countors 65 Oath of Battaile 161 Obligations 166 Offences and the division of them 15.68 Oflences reall and personall at the Kings Suit 84.86 Offences veniall 86 Office of Coronors 48. to 38. 67. Office of Justices in Eyre 221 Ordination of Clerks 14 Ordinary 131 Ordering of Battaile 161 Out-lawes and Outlawry 149 P. PArliaments Perjury 18,19,20,21.22 208,209 Permancies 205,206 Poore 14 Pleas and pleadings 78.129 Pledges 90,91.184 Power of the Judge 133 Presentments in Eyre 9 Proofe 14 Prison and Prisonors 29 Principall and Accessory 44 Prerogative 154 Protection 150 Processe in Appeales 71 Purprestures 164 Punishments 190.205 R. RApe 37,38.148 Receiver and Receipt 155 Replications 139,140,141,142 Rerpards or Fees 63 Reprebensions of the state of Merton 621 262 Of Malbridge 262,263 Of Westm first 264 to 270 Of Westm 2. from 270. to 279 Of Gloucester 283,282 Of circumspectè beatis 282 Robbery 32.79.147 S. SAllery 66 Satisfaction of Debt 215 Sanctuary 44,45,46 Seales 49 Sheeres and Sheriffes 16 Summons and Summonors 11. 67 115. 116. 139. 185 Sureties 14 15 Suit and Suitors 50,51 T. TEnent by the conrtesie 15 Treasure trove 7.43.144.165 Turnes of Sheriffes 8.51.62 Treason 24.76 Trespasses 88,89,90 Triall 324 Trove 135 V. VAriance 142.152 View 149 View of Frankpledges 8.52,53 Veniall Trespasses 88 Voucher 140 Villinage 96.109 to 165 Vsury 165 W. Waive 109 Wages 64 Wager of Law 154 Wounds and wounding 43.83 Writs remediall 8 Wrecks 43.164,165 FINIS