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A55555 A treatise of the antiquity, authority, vses and jurisdiction of the ancient Courts of Leet, or view of franck-pledge and of subordination of government derived from the institution of Moses, the first legislator and the first imitation of him in this island of Great Britaine, by King Alfred and continued ever since : together with additions and alterations of the moderne lawes and statutes inquirable at those courts, untill this present yeare, 1641 : with a large explication of the old oath of allegeance annexed. Powell, Robert, fl. 1636-1652. 1641 (1641) Wing P3066; ESTC R40659 102,251 241

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three miles of London shall upon paine of forty pound whereof one halfe to the King the other to the partie that will sue for the same for every yeare that they make default shall yearely appoint and sweare two three or more sufficient and skilfull men to be searchers and sealers of leather within their limits and one of them shall keepe a marke or seale prepared for that purpose and shall seale such leather as they finde sufficient and none other That it shall be lawfull to any of them to seiz all such leather and ware as shall be insufficiently tanned curried made or wrought contrary to any provision in this act and shall retaine the same untill it be tryed as hereafter is mentioned viz. That every such Mayor c. or Lord of libertie or his sufficient deputie after notice given to him of any such seisure shall with all convenient speed appoint six honest and expert men to trie whether the same wares so seized be sufficient according to the intent of this Statute or not the same tryall to be made openly upon some market day within fifteene dayes at the farthest next after such seisure upon the oaths of the tryers To forfeit for not appointing such tryers sive pound The tryers if they doe not proceed and doe their duties therein without delay doe forfeit for every default sive pound Every searcher and sealer of leather which shall resuse with convenient speed to seale any lawfull leather shall for every such offence forfeit forty shillings For receiving any bribe or exacting any fee for execution of his office other than is limited by the statute for searching sealing and registring of leather 20 pound For refusing after election to execute the office 10. pound Stewards of Franchises and Leets have power to heare and determine all the offences against this Act and also by their discretions to examine all persons suspected to offend this Statute or any parcell thereof Cloth makers Fullers Sheeremen Taylers Shoomakers IF any of those trades shall retaine to worke in any of their trades any unmarried person as a journey man to worke by the day ● Ed. 6 22. or taile work or by the great for any lesse time than for one whole quarter of one whole yeare the person or persons offending shall suffer imprisonment for whole moneth and forfeit forty shillings for every offence If any Iou roey man of any the said mysteries being required by any persons useing the said trades This is fully repealed by 5. Eliz. c. 4. or any of them to serve by the quarter of a yeare halfe a yeare or whole yeare upon such reasonable wages as betweene them shall bee agreed and in case they cannot accord then for such wages as shall be adjudged and decreed by one Iustice of peace Maior Alderman Bailiffe Portreeve Constable or Tethingman of the Shire Citie Towne Borough Village Hundred Wapentake or Tything where any such journeyman shall be required and shall refuse to serve shall suffer imprisonment for one whole moneth and forfeit for every time 20. shillings All and every the said Tradesmen that shall have three apprentises in any of the said occupations shall keepe one Iourneyman and forevery other apprentise above the number of three one other Iourneyman upon paine of every default ten pound the one halfe to the King the other to the partie that will sue for it All Stewards of Leets inter alios hath power to punish and correct all and every offenders contrary to the tenour of this according to such presentments as shall bee made before them The second Mechanicke art of M. Linwoods division is Armatura and Sub hac arte saith he continetur ars Sagittariorum Balistariorum And they fitlie succeed here to be inquired of in their due order Artillerie FOr maintenance of Sagittarie Discipline an exercise famous and honourable to this Kingdome for many victorious battels and for debarring and repressing of unlawfull games 33 H. 8. c. 9. the Statute of 33. Hen. 8. ca. 9. was ordained which provideth that such as be of tender age bee brought up in the knowledge of Shooting and every person shall provide and have in his house for every man child of the age of seven yeares and above till hee come to the age of seventeene yeares a bow and two shafts to learne and induce them under paine if they want them one moneth together of six shillings eight pence incurred against the master After seventeene yeares every such young man shall provide a bow and foure arrowes at his owne cost and if under threescore yeares taking wages and being able to shoot hee shall want a bow and foure Arrowes by the space of one moneth together shall forfeit for every such default six shillings eight pence No man under the age of 24. yeares shall shoote at a standing pricke except it be at a rover whereat he shall change at every shoot his marke upon paine for every shoot foure pence Nor at any marke of eleven score yards or under with any prick shaft or slight under pain of six shillings eight pence for every shoot That Butts shall bee made in every Citie Towne and place by the inhabitants according to the Law of ancient time used and maintained and continued by them upon paine for every three moneths 20 shillings Stewards of Leets have power to heare and determine the offences and at their discretion to examine all persons not having bowes shifts and arrowes Unlawfull Games THis good Law 〈…〉 as it injoynes a lawfull so it inhibiteth an unlawfull exercise especially unlawfull games which are ingendred and ●●rsed by idlenesse the mother of all vice the 〈◊〉 of youth decay of trades and thine of all common weale It is therefore enacted That none for his gaine and ●●ere shall keepe or maintaine any common h●●●●alley or place of Bowling Tennis Dicing Carding or any other manner of game prohibited by any Statute nor any hereafter to be invenced found or had ●●on paine for every day 40. shillings Every person haunting any of the said houses and places and there playing forfeiteth for every time six shillings eight pence All Constables and Bailiffes c. shall make search every moneth for unlawfull games as well within franchises as without or in default thereof they forfeit for every moneth not executing the same forty shillings No artificer husbandman handicrafts man apprentise journeyman or servant of artificer marriners fishermen waterman or any serving-man shall at any time play at any the said unlawfull games but onely in the time of Christmas servants to play in their masters houses and in their presence No person shall bowle in any open place out of their garden or orchard upon paine of six shillings eight pence But noble men and every one that may dispend in lands or other profits to the yearely value of an hundred pound may permit their servants and others comming to their houses to play within the
precincts of his houses gardens or orchards at cards dice tables bowls or tennis and shall not incurre the penaltie of this Statute The forfeiture happening within the precinct of any franchise or Leet the one moyetie shall be to the Lord the other to the p●●ty that will sue for the same by any action c. and out of the libertie of a Leet the 〈◊〉 moietie to be to the King c. Handguns and Crosbowes FOr that diverse malicious and ill disposed persons did shamefully commit diverse detestable murthers robberies felonies 33 〈◊〉 riots and routs with crossebowes little short handgu●s and hagbuts to the great feare and danger of his Majesties Subjects And the laudable exercise of the long bow was lately laid a part which had be●ne the safe guard and def●nce of the Realme and an inestimable dread and terrour to the enemies of the same It was ordained That no person unlesse ●●e could dispend in lands or other profits an hundred pound per annum should shoot in any crossbow handgan hagbut or demibanke or keepe any in then houses or elsewhere upon paint for every time 10. pound Nota S Iohns Case Co. l. 5. so 71. It was adjudged that a dagge and pistoll were comprehended under the word handgunne though not expresly memioned and that stonebowes were prohibited swell as cross-bowes No person shall shoot in carry use or have in his house or elsewhere any handgun other than such as shall be in the stocke and gunne the length of one yard nor any hagbut demihauke other than such as shall be in stocke and gunne three quarters of a yard upon pain of ten pound Every person having lands fees annuities or offices of the yearly value of an hundred pound may seize and take every such Crossebow and keepe it to his owne use and also seize every such handguns c. being shorter than before is appointed and to breake and destroy the same within 20 dayes after such seisure upon paine of forty shillings for every gunne so seized and not broken No person vnlesse he have an hundred pound per annum as aforesaid shall carry or have in his journey in the King his high way any cross-bow bent or gun charged except it be in time and service of war upon paine of ten pound None shall shoot in any handgun c. at any thing at large in any citie borough or market towne or within a quarter of a mile of any of them unlesse at a butt or bank of earth in place convenient or for defence of his person or house upon pain of ten pound for every shoot If any master command his servant to shoot in any crossebow handgun c. at any deere fowle or other thing except it be at a banke or butt of earth or in the time of war he shall forfeit 10. pound But some persons for exercise and some places for defence and other purposes are dispensed with by the Statute for useing and keeping of handguns c. Stewards and Bay liffes of Leets have power to enquire heare and determine all the offences so that no lesse than ten pound fine be assessed upon every presentment and conviction The one moietie of every fine to be paid and levied to the use of the King and the one halfe of the other moietie to the Lord of the Leet and the other half to the partie that will sue for it by action c. A second Iury to enquire of the concealements of the first and if any concealements bee presented every of the first Iury to forfeit twenty shillings one moietie to the Lord by distresse or action of debt the other to the partie that will sue c. Other Lawes here inquirable which concerne the preservation of Frye of Fish and of certaine Fowle and beasts of Warren as Phesant Partridge Hare and Conies and some beasts of chase c. Deere Fry of Fish THe preamble of this Statute sets forth the destruction of spawne ● Eliz 18. Made perpetuall 3 Car. Reg. c. 4. except the proviso for the River of Tweed c. fry and young breed of fish in rivers and streams salt and fresh insomuch as in divers places swine and dogs were fed therewith to the hinderance and decay of the common wealth It was therefore enacted that none should take and destroy any young brood or fly of fish in any waters brookes streames or rivers salt or fresh with any manner of net or any wayes or meanes whatsoever nor take or kill any Salmons or Trowts out of season being kepper or shedder Salmons or Trowts None shall take in any rivers or places aforesaid any Pickorell not being in length 10 inches fish or more Salmon 16. inches fish and more Trowte 12. inches or more Baitell 12. inches or more None shall take any fish with any manner of net trannell or any other engin or device angling excepted but only with net or tran●ell whereof every mesh shall be two inches and half in breadth But where smelts loches mynnetts bulhead gudgions and eles have used to bee taken it shall be lawfull to use any such nets and meanes as had beene thentofore used for that purpose so as no other fish be taken killed or destroyed therewith The forfeiture for every time is 20. shillings the fish taken and the nets trannels c to be to the use of the Lord of the Leet for ever and to be levied as amerciaments for affraies in Leets have used to be Steward of Leets to give these offences in charge or else to forfeit 40. shillings and he may impannell a second Iurie to enquire of the concealments of the first Iury and it any concealements bee found every of the first Iury shall forfeit to the Lord of the Leet 20 shillings to be levied as before This Statute is perpetuated 3. Car. 4. except the proviso for the River of Tweed c. Phesants and Partridges THis Statute was made to prevent the destruction of the game of Phesants and Partridges 3 Eliz. 10.2 by taking of them by day and night with nets and other engins As also the spoile of corne and grasse by untimely hawking in the beginning of harvest None therefore shall take kill or destroy any Phesants or Partridges with any nets engins or other devices whatsoever in the night time upon pain of forfeiture for every Phesant twenty shillings every Partridge ten shillings to be paid within twenty dayes after conviction Or upon nonpayment to have one moneths imprisonment and to be bound by some Iustice of peace for two yeares never to destroy any such game contrary to this Act. The moietie of the penaltie to be to the Lord of the libertie and the other halfe to him that will sue c. and if the Lord shall dispence with licence or procure any such taking or killing c. then such penalties to bee to the poore of the parish to be levied and recovered by the Churchwardens or any of
corruption nor any sinister affection to deviate and wander out of the high-way of Iustice and Iudge perversly Qui nec as Bracton advise●h ad dextram nec ad sinistram vel propter prosperitatem terrenam vel adversitatis metum a tramite Iustitiae declinent 4 Fertitudine animi He must not be daunted neither by threats nor feare nor overswayed by the Landlord himself either in the electing of officers a thing too frequent or in any other thing that may concerne the due administration of his office A Steward being thus indowed adorned and qualified with those morall and judiciall vertues and properties is the fitter to undergoe the burden of that authoritie where with hee is intrusted by the Lawes of the Realme From his qualities I will passe unto his authoritie The Authority of a Steward in Leets A Leet is a Court of Record The Steward is Iudge and hath a double power 1. of election of officers 2 of Coertion or punition of offenders In the latter viz punition there is a double act to be respected 1. Actus Curiae 2. Actus Patriae the act of the Court and the Act of the Iury or Countrey These two doe meete with two sorts of offences or misdemeanors by two sorts of remedies 1 Fyne 2 Amerciament the one sort of offences are Extra Curiam the other in Curia 1 Extra Curiam Coili 8 so 38. Grisleys Case of those which are extrinsecall offences The Iurors and officers sworne to present who ought also to have the foure properties of Iethros counsell have peculiar cognizance and therefore power to present them and to assesse amerciaments for them 2 In Curia being the second sort which are offences either in omitting or neglecting a dutie injoyned and to be performed by Constables Bayliffes Jurors or ministers of Iustice or in committing some contempt and disorder in the face of the Court by any officer or suitor The Steward hath cognizance and may punish it by fine without inquirie by the Countrie 1 As if a Bayliffe refuse in Court to execute his office 7 H. 6.12 b. 2 Or if a Tethingman refuse to make a presentment in the Leete 10. H. 6.7 3 Or if any of the Iury in a Leet depart without giving his verdict 4 Or if any suitor or other person doth misdemeane himselfe either in word or deed 5 Or if any inquest refuse to present in a Leet such defaults as they have information of 10 Ed. 3. fo 4. The Steward hath power in these and the like Cases to impose a reasonable Fyne and such fyne is not affereable nor traversable 10. H. 6. fo 8. 6 He hath power by severall Statutes in severall cases to impannell a second Iury to inquire of the defaults and concealements of the first jurie and to fine them for their offence 7 A Steward may by paroll command a Bailiffe to make distresse 16 H. 7 fo 14. 8 In every Leete the Lord of the libertie hath but the amerciaments the Court is the Kings and therefore the Steward doth represent the person of the King 41 Edward 3 fo 31. 9 A Steward for default of resiants may compell a Stranger comming within the view to be of the inquest The remedies for recoverie of Fynes and Amerciaments in a Leete AS in a Leete there is a twofold remedie according to the nature and qualitie of the offences viz. 1 Fine 2 Amerciament So there is in the Law a twofold way or meane respectively to recover and obtaine that remedie for the benefit of the Lord of the libertie 1 Either by action of debt against the offenders fined by the Steward or pained and amerced by the Iurie 2 Or by distresse of his or their goods or cattell in some cases upon their land Bro. Leet 7. though the goods of another man in other cases by distreining the offenders proper goods in any place within the precincts of the Leete If a paine be imposed in a Leet upon any person for redressing or removing of a nusance by a day sub poena 10. lib. And the non fe saunce therof be afterwards presented and the paine thereby becomes forfeited this is a good presentment and the paine shall not be otherwise affered and the Lord shall clearly have an action of debt 23 H. 8. And the reason why such a paine is not afferable is For that the word afferre is as much as to say to taxe or to assesse ponere in certitudinem or taxare and a paine for not doing or not removing of a thing by a day is upon a presentment of a non fezance by a Iury an immediate taxation and a certitude of assessment by the Countrie and therefore needs not further or otherwise poni in certitudinem In the case of assessment of a fyne by a Steward upon a tethingman who would not present at a Leet ●o Leet 36. The Lord may bring an action of debt and if the Defendant tender the wager of Law it was optima opinio that a wager of law did notlye in that case for that the Leet was a court of Record 10. H. 6.7 As in these and other paines and fynes of like nature in a Leet an action of debt doth lye Co. li. 1. so 42. so also for them and for all amerciaments in a Leet distresse is incident of common right that is by the Common Law a Lord may destreyne the goods of the delinquent In Grislies case Co. l. 8. so 38. Trin. 30. Eliz. where doubt was made whether a Lord of a libertie might distreyne of common right for a fyne imposed in a Leete by a Steward for contempts and misdemeanors It was resolved that if for lesser things S. for amerciaments of offences extra curiam distresse was incident of common right by an argument a fortiori in a case of Fynes imposed for offences committed in the same court distresse shall be incident For Quod licitum est prominore pro majore licitum est And nothing is more naturall to be punished by a Court than offences committed in the same Court. And it were a hard thing to drive a Lord to his action of debt for every pettie fyne or paine and in case the Lord doe distreine hee may sell the distresse or put the same in pound at his pleasure For the place of distresse whether upon the offenders lands within the view or upon his goods in any place within the precinct of the Leet may arise a question which was resolved 2 Hen. 4.24 Bro. Leet 28. That for amerciaments in a Leet or Handred a man may distreyne the beasts of the offenders in any place within the precinct of the Leet or Hundred and a fortiori as is before for fines and pains in a Leet The Lord may distreyne in the high-way for an amerciament in the Leet 34. Ed. 2.19 Edw. 2. Or the goods of the offender in the custodie of another man 47 Ed. 3 fo 12. Krenebyes case And the reason
was continued and the authoritie of supervisors inlarged 5. Eliz 13. for the taking and carrying away of rubbish or the smallest broken stones of any quarrie or quarries within any such parish without licence controllment or impeachment of the owner or owners so much as shall bee deemed necessarie for the amendment of high wayes and in default of any such quarries to digge in any private groundes for any gravell sand or sinder and to gather stones lying upon lands or grounds so as the said digging bee not in the garden house orchard or meadow of any person or persons and under other provisions in the said statute mentioned It is further enacted that the heies fences dikes or hedges next adjoyning on every side to any high or common fairing wayes shall from time to time be diked scoured repaired and kept low and all trees and bushes growing in the high wayes cut downe by the owners of the ground or soile whereby the wayes may be open and the people have the more readie and easie passage in the same If any person shall not doe it he forfeits 10. shillings 18. Eliz. 9. There must bee yearely six dayes used and imployed in the reparation and amendment of the high wayes before the feast of the nativitie of S. Iohn Baptish and knowledge thereof to be given in the Church the next Sunday after Easter and upon the said dayes the parishioners shall endeavour themselves to the mending of the wayes and shall bee chargeable as followeth viz Every person for every plow-land in tillage or pasture within the parish And every other person there keeping a draught or plow shall finde and send at every day and place one Wayne or Cart furnished according to the custome of the Countrey with all necessaries meet to carry things and also two able men with the same upon paine of every draught making default 10 shillings Every other housholder and every cottager and labourer not being an hired servant by the yeare shall by themselves or one sufficient labourer upon every of the said dayes worke there every of the said dayes upon paine every one making default each day twelve pence Every person except such as dwell in London that shall be assessed in subsidie 5 pound in goods or 40 shillings in lands or above and being none of the parties chargeable by any former law but as a cottager shall finde two able men every of the said six dayes to labour in the high wayes Every person having a plow-land in severall parishes shall be chargeable to the making of the wayes where he dwelleth Every person keeping in his or their hands severall plow-lands in severall parishes shall be charged to finde one cart or waine c. furnished for the amendment of the high wayes within each severall parish All occupiers of lands adjoyning to the ground so adjoyning to any such high way where any ditching or scowring should or ought to bee shall from time to time ditch and scoure in his and their ground so adjoyning whereby the water conveyed from the high way over the ground next adjoyning may have passage over the said ground next adjoyning upon pa●ne for every time for every rod not so ditched and scowred 12 pence If any having any ground adjoyning to any high way leading to any market towne shall cast or scoure any ditch and throw the soyle into the high way and suffer it to lye there by the space of six moneths shall forfeit for every load 12. pence The moitie of the forfeitures by all these three severall Statutes 1 2. Phil. Ma. ca. 8. 5 Bliz. 13. 18 Eliz. 19. shall be to the Church-wardens to bestow upon the ways and Stewards of Leets have power to heare and determine all offences c. Popular Annoyances ALL common or popular Nusances done to diverse and sundry of the Kings Subjects are inquirable as this ancient Court and so are all trespasses at the Common Law being popular Boundaries IF any ancient bounds metes or landmarkes be withdrawne and taken away such as distinguish hundreds parishes tythings Common Common meadowes and common fields to avoid confusion and consequently dissention are here inquirable 18 Edw. 2. Cursed is he that removeth his neighbours land-marke and let all the people say Amen And it is commanded in Deuteron Thou shalt not remove the ancient bounds which thy fathers have made It is to be observed that divisions by lots and boundaries have beene ever held in great esteem in all ages even amongst the Heathens For the taking away of a particular boundary or mete which concernes onely one man an action of trespasse lyeth And so I finde in the Regist fo 107 De petris pro metis positis abstractis Hedge-Breakers IF there be any common breakers of hedges within the Leet who teare up frithes and fences and leave their neighbours ground subject to incursions of Cattell and are a meanes that many trifling actions of trespasse are set on foot to the disquiet of his Majesties Subjects Pound-Breach IF any breake any common pound or pinfold which is Custodia legis to take any distresse out of the same though the distresse be tortious and without cause yet the poundbreach is unlawful for that the cattell were in the custodie of the Law and the owner might have a Replevin If any shall rescue and by force take away any cattell or other thing which is distreyned for any rent amerciament or other cause before it be impounded or in any other safe custodie it is presentable Rescous IF any commit any Rescous within the libertie upon the Sheriffe or his Bailiffes or any the Kings officers in disturbance of them from taking and detaining any person arrested Bloodshed IF any person commit any assault whereby bloodshed doth ensue or doth make any affray or outrage whereby any mutinie or disturbance doth arise amongst the Kings leige people it is popular and presentable 1 R. 3 fo 1. Bro. Presentm 7 Leet 26. Generall Grievances THe subsequent offences will descrve that marke or character in regard they are generally pernicious to the Common-wealth by their fruites and example and are punishable by the common Law Or because they are generally prohibited by Statute Lawes for the good of the publike weale And in the first rancke are the evill members of a State and Realme of which regiment the common Barretor may well be the ringleader Common Barretors IF there be any common Barretors within the libertie they are of both sexes Scoulds Brawlers common malefactors disturbers and disquieters of their neighbours A common Barretor is well discribed Co. li. 8. fo 37. to be a common mover and stirrer up or maintainer of suites quarrells or parties either in court or countrie 1 In Courts of Record or in the Countie Hundred and other inferiour Courts 2 In the Countrey three manner of wayes 1 In disturbance of the peace 2 In taking or deteyning of possessions of houses lands or goods which are in
drifts there shall be found any Mare Filly Fole or Gelding that then shall be thought not able nor like to grow able to beare foles of reasonable stature nor to doe profitable labours by the discretion of the more number of the said drivers then the same shall bee killed and buried or otherwise bestowed Stewards of Leets to enquire of all defaults and to certifie the presentments unto the next quarter Sessions or to the Custos Rotul of the Countie within 40 dayes after such presentment made to be heard and determined by them or else The Steward to forfeit 40 shillings Horses infect NOne shall have or put to pasture any Horse Gelding or Mare infect with scab or mange into or upon any Commons or common fields upon paine to forfeit to the Lord of the Leet for every such Horse c. so infect ten shillings This offence to bee inquired and presented in the Leet as other common annoyances Nota this Statute in the most and fortilest shires of the Kingdome doth limit 15 handfuls and in the rest but 14. And by the 21. Iac. ca. 28. in fine This Stafor the breed and stature of Horses and killing of Fillies c. shall not extend to Cornwall The life and spirit of all law doth consist and depend upon the due execution of it For which purpose there must be fit places and instruments of custodie and correction for offenders and an upright care and integrity in officers for performance of their duties Pillorie c. EVery one who hath view of Frankpledge or the precincts and liberties of a Leet ought to have a Pillorie and a Tumbrell whereby to do justice and every Tything ought to have a Stocks as well for the keeping and safe detaining of offenders untill they bee brought before Iustices of peace or other Magistrates as also for the castigation of malefactors and disordered persons as Drunkards and others or else five pound forfeited The often cited ancient Law of 51. Hen. 3. doth injoyne an inquirie if any Steward or Bay liffe for any reward shall remit the judgement of the Pillorie or Tumbrell and si habeant in villa pillorium debitae fortitudinis c. a Pillorie of convenient strength as appertaineth to the libertie of their marker which they may use if need be without bodily perill either of man or woman Constables Ale-conners c. IF any Constable Aleconner Bay liffe or any other officers within the libertie doe not well and duely execute their offices according to their severall oathes and duties Purveyer IF any Purveyer shall make any purveyance for the Kings house of any thing to the value of forty shallings or under 20 H. 6. ca. 8. and not make readie payment to the party It shall be lawfull to the owners to retaine their goods and to resist such Purveyers That every Constable T●thiugman or chief pledge of every Towne being required shall be assistant to such owner or seller upon paine to yeeld unto the party grieved the value of the things and double d●mmages 20. Her 6. ca. 8. Huy and Cry TO abate the power of Felons it was commanded that Cryes shall be solemnly made in all Counties Hundreds markets faires and other places of great resort and that immediately upon robberies and felonies committed fresh suite be made from Towne to Towne and from Countrey to Countrey according to the Statute of Winton 13. Edw. 1. ca. 1. In this service the Constables and Tethingmen have speciall interest and their contempt or negligence here inquirable Outcries made without cause BVt if any Huy and Cry be levied or any out-cry made without any ground or cause to the disturbance of the Countrey and the peace of the people inquirable Watch and ward ALso the Constables ought to see that the peace be kept and watch and ward observed from Assension day till Michaelmas continually all night from the Sun setting till the Sun rising according to the number of the inhabitants of the towne 13 Ed. 1. c. 4. And that search be duely made every moneth for unlawfull games That the Statutes made against haunters of Alehouses and Drunkards bee duely put in execution If the Constables have beene remisse and delinquent in these or any other things touching any part or branch of his oath and office It is presentable All Officers Defaults ANd so all other Officers whatsoever which owe any suite and service to this ancient Court as Tethingmen or chiefe pledges Surveyers of highwayes Searchers and Sealers of Leather and such others according to the Customes and Iurisdictions of severall Courts The profit of the King or Lord of the Leet CErtum Letae In most Leets there is a duety or common fine called in some place Certum Letae payable to the Lord. The reason and Commencement of it is before declared If that or any custome or du●tie be withdrawn it is presentable Mortmaine TO preserve the services due of the Fees and tenures of Lands 7 Ed. 1. which at the beginning were provided for the defence of the Realme and to prevent the losse of the escheats of the same It is ordained that no person religious or other shall presume to buy or sell any lands or Tenements Or by colour of any gift or terme or by reason of any other title whatsoever or by any craft or engin appropre to himselfe any lands or Tenements whereby it may in any wise come into Mortmaine If any doe offend it shall be lawfull to the King and other chiefe Lords of the fee immediate to enter into the Land so aliened within a yeare from the time of such alienation and to hold it in fee and as inheritance and if the chiefe Lord immediate be negligent then the next chiefe Lord may enter within halfe a yeare after c. Treasure Trove IF there bee any Treasur-trove viz. treasure put into the earth and no man knowes who hath hidden it it belongs either to the King or the Lord according to the ancient rule of the Law Thesaurus inventus competit Domino Regi et non Domino libertatis nisi per verba specialia in facto libertatis contenta vel per praescriptionem antiquitus fuit inventoris de jure naturali nunc de jure gentium efficitur Domini Regis Estreyes ALL Estreyes are here inquirable that is If there be any Horses Piggs Hogs Cattell or Swans which have come within the Lordship and beene there a yeare and a day and not claimed the Lord may have them by prescription But such beast ought first to be impounded in an open pound proclaimed in three Market townes next adjoyning and then if none claime them they shall be seised and ought to bee put into some severall land and not into any covert or wood where the owner cannot finde them For if they be in covert the propertie is not altered though they be there a yeare and a day Wayfes CAtalla Waviata when a theefe upon huy and cry and pursuite